News & Analysis as of

Ford Motor Appeals

Faegre Drinker Biddle & Reath LLP

Defendants Suable in State Where Calls Inadvertently Received, If Similar Calls Purposefully Directed at Forum Residents, Tenth...

Last week, the U.S. Court of Appeals for the Tenth Circuit applied the Supreme Court’s recent Ford Motor decision on personal jurisdiction to a Rule 12(b)(2) motion to dismiss a TCPA claim. In Hood v. American Auto Care,...more

Smith Gambrell Russell

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

Smith Gambrell Russell on

Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a...more

King & Spalding

Supreme Court Rejects “Causation-Only” Approach to Specific Personal Jurisdiction, Deeming Connection Between Plaintiffs’ Claims...

King & Spalding on

On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants' activities in the forum state “gave rise to” the...more

Faegre Drinker Biddle & Reath LLP

Colorado Court of Appeals Issues New Precedent Regarding State’s Interest on Damages Statute for Personal Injury Cases:...

On November 19, 2020, a three-judge Colorado Court of Appeals, Division I panel, unanimously affirmed a $3.6 million interest award on top of a $2.9 million verdict against Ford Motor Co. in a case involving an allegedly...more

Ballard Spahr LLP

American ‘Pipe Dream’ – CA Court of Appeal Scrutinizes Limitations Period Tolling Arguments

Ballard Spahr LLP on

Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more

Fenwick & West LLP

New Federal Circuit Guidance on Design Patents: Key Takeaways for Companies Seeking Protection

Fenwick & West LLP on

With few substantive decisions addressing design patents, it’s always exciting to see new guidance from the U.S. Court of Appeals for the Federal Circuit on how these valuable IP assets are prosecuted and enforced. In two...more

McDermott Will & Emery

Keep on Truckin’: Aesthetic Functionality Has No Part in Design Patent Validity

McDermott Will & Emery on

Addressing the issue of the functional requirements of design patents, the US Court of Appeals for the Federal Circuit refused to invalidate design patents on truck parts on the basis of aesthetic functionality. Automotive...more

Holland & Knight LLP

Aesthetic Appeal of a Patent's Claimed Design Is Inadequate to Render It Functional

Holland & Knight LLP on

• In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global...more

Jones Day

ABPA v. Ford: Design Patent Defenses Run Out of Gas on Appeal - A U.S. Court of Appeals for the Federal Circuit decision...

Jones Day on

On July 23, 2019, the U.S. Court of Appeals for the Federal Circuit released its decision affirming summary judgment that the asserted design patents were not invalid for non-ornamentality under 35 U.S.C. § 171, and rejecting...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Refuses to Create Separate Exhaustion and Repair Rules for Design Patents

The Federal Circuit has ruled that neither the exhaustion nor permissible repair doctrines allow manufacture of new replacement components covered by design patents. The Automotive Body Parts Association (ABPA) sued Ford...more

Miller Canfield

Federal Circuit Affirms Validity of Design Patents For Automotive Body Parts in Precedential Opinion

Miller Canfield on

The Federal Circuit issued a precedential opinion on July 23, 2019, affirming the validity of two design patents related to the Ford F-150 hood and headlamp and sweepingly rejecting arguments that the patents on automotive...more

Polsinelli

Illinois 5th District Rules on Personal Jurisdiction

Polsinelli on

On July 12, 2018, in an unpublished opinion, the Illinois 5th District Court of Appeals reversed the Madison County Court, which had denied Ford Motor Company’s motion to dismiss for lack of personal jurisdiction in an...more

Jones Day

Incorporation by Reference Users Beware

Jones Day on

In an appeal from final written decisions of the Patent Trial and Appeal Board (“Board”) in six inter partes review (IPR) proceedings where Ford Motor Co. (“Ford”) challenged two patents owned by Paice LLC (“Paice”), the...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Circuit Federal Court Cases

Paice LLC, The Abell Foundation, Inc., v. Ford Motor Company (Fed. Cir. Feb. 1, 2018) - In Paice LLC, The Abell Foundation, Inc. v. Ford Motor Company, the Federal Circuit vacated the Patent Trial and Appeal Board’s...more

Parker Poe Adams & Bernstein LLP

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Confirms Decision Denying Institution Based on District Court Action Ultimately Dismissed Without Prejudice

On July 6, 2017, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Ford Motor Company’s (“Petitioner”) request for rehearing of the Board’s decision denying institution of multiple inter partes reviews (IPR)...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - August 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Quashes $287 Million Enhanced Damages Award Finding Objectively Reasonable Defenses Raised During Litigation - The Federal Circuit has reversed a district court’s award of...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: Second Circuit Affirms Dismissal of Claims Against Ford and IBM

Earlier this week, the Second Circuit Court of Appeals affirmed a decision in In re: South African Apartheid Litigation dismissing claims brought pursuant to the Alien Tort Statute (“ATS”) against Ford and IBM. Plaintiffs had...more

Troutman Pepper

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

Troutman Pepper on

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

K&L Gates LLP

Sixth Circuit Sides with Ford Motor Company in ADA Telecommuting Case

K&L Gates LLP on

Employers often grapple with what constitutes a reasonable accommodation under the American with Disabilities Act (“ADA”). This issue becomes increasingly complex when evaluating whether telecommuting is an appropriate and...more

FordHarrison

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison on

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a...more

Mintz - Employment, Labor & Benefits...

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities...

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v....more

Constangy, Brooks, Smith & Prophete, LLP

Thanks, Ford! Hard-Fought Win Against EEOC In ADA-Telecommuting Case Is Welcome News For All Employers

Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. ...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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