News & Analysis as of

OEM

From Vacuums to Electric Cars: How Dyson Should Fit Into the Auto Industry by 2020

by Foley & Lardner LLP on

A few weeks ago, another player threw its hat into the ring of outsiders hoping to bring electric cars to the masses. Dyson, famous for its vacuums and other consumer products, announced that it has begun work on its own...more

Challenges for Establishing Businesses South of the Border

Mexico is already a large player in the world economy, and it’s economic might is growing. Many manufacturers in Europe and the U.S. already have or are considering operations there, especially original equipment...more

Stout Issues Third Annual Warranty and Recall Report

by Foley & Lardner LLP on

Massive automotive recalls continue to grab headlines and raise concerns industry-wide. Recalls of light vehicles topped 50 million units in 2016, representing the third consecutive year of elevated – and record setting –...more

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

EU Court Orders New Assessment of Intel's Rebates

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

by White & Case LLP on

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

The Internet of Things Cybersecurity Improvement Act of 2017: A potential mandate for security standards applicable to...

by Hogan Lovells on

On 1 August 2017, a bipartisan group of four U.S. senators (Steve Daines (R-MT), Cory Gardner (R-CO), Mark Warner (D-VA), and Ron Wyden (D-OR) introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2017....more

Connected Cars: Internet of Things Webinar Update

by Hogan Lovells on

On July 26th, Hogan Lovells hosted another installment in its 2017 webinar series on emerging issues involving the Internet of Things (IoT). This webinar focused on potential legal issues with connected vehicles and smart...more

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

by Hogan Lovells on

OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

Takata Declares Bankruptcy: What are the Key Next Steps for Suppliers?

by Foley & Lardner LLP on

On June 25, 2017, Takata’s US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan) (the “Takata US Debtors”), filed chapter 11 cases seeking bankruptcy protection...more

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

Is Congress Finally Getting Serious About Curtailing Design Patents in the Auto Industry?

by Foley & Lardner LLP on

In recent years, OEMs have been growing their design patent portfolios at a rapid pace. Specifically, OEMs have been securing patent protection on replacement parts, including bumpers, fascias, light fixtures, mirrors, hoods,...more

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

by Foley & Lardner LLP on

Although U.S. patent law has long-established limits on enforcement after a patented product has been sold, the technological innovations may put a bulls-eye on the automotive industry for patent litigation. However, when...more

The Future of High Tech Patent Litigation in the Auto Industry

by Foley & Lardner LLP on

The rapid adoption of new technologies by the auto industry and the new players that provide them is going to have an impact on the world’s roads. It’s also bringing an increased focus on exploiting and protecting...more

Litigating Disruption in the Automotive Industry's Supply Chain

by Hogan Lovells on

“We’ve seen an increase in litigation over supply chain disruption in the automotive industry,” said Hogan Lovells partner Dr. Detlef Hass. “In the past, there was a sense that suppliers wanted to keep their customers happy...more

The MHRA issues new guidance concerning Own Brand Labelling or "Virtual Manufacturing"

by Hogan Lovells on

On 29 March 2017, the UK Medicines and Healthcare products Regulatory Agency (MHRA) published a new guidance (hereafter “Guidance“) concerning the Own Brand Labelling of medical devices in the United Kingdom. The Guidance,...more

Deal Activity Slightly Declines in 2016; 2017 Deal Makers Cautious

by Foley & Lardner LLP on

Aggregate automotive industry M&A deal values for 2016 were down 34% to $41.0 billion compared to $62.1 billion in 2015 according to PwC’s recently released report, PwC Deals: Global Automotive M&A Deals Insights Year-end...more

The Top Six Takeaways from Auto-ISAC's and NHTSA’s Cybersecurity Best Practices

by Foley & Lardner LLP on

As cars continue to rely more and more on systems that closely resemble those that run mobile phones and personal computers, it’s no surprise that the original equipment manufacturers (OEMs) and suppliers of car parts need to...more

Commercial Contract Risk in 2017

by Foley & Lardner LLP on

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Warranty Issues in 2017

by Foley & Lardner LLP on

While the jury is out on whether 2017 will be a peak year for new vehicle sales, elevated OEM warranty and recall costs are likely to continue. OEMs, likely will continue to pay the largest share of these expenses, but...more

Could You Please Be Less Specific?: How Specificity in Advertising Could Result in a “Written Warranty”

by Varnum LLP on

Passed in 1975, the Magnuson-Moss Warranty Act ("MMWA") requires, among other things, manufacturers and sellers of consumer products to provide consumers with detailed warranty coverage information. Often, original equipment...more

Will We Continue to Uber and Lyft, or Will We Start to "VW?"

by Foley & Lardner LLP on

Volkswagen’s $300 million investment in ride-hailing service Gett is not exactly earth shattering news these days for the automotive industry. But what did catch our eye here at the Dashboard was what Volkswagen said,...more

European Commission Consults on Revisions to Capital Requirements Framework and EU Implementation of CRR

by Shearman & Sterling LLP on

The European Commission published a consultation paper on proposed options for implementing principles of proportionality in the upcoming capital requirements framework, to review the Original Exposure Method and replace the...more

Chinese High Court Decision Confirms the OEM Exception to Trade Mark Infringement for the First Time

by K&L Gates LLP on

For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the...more

Presentation Recap: Car Wars

by Foley & Lardner LLP on

“A [not so] long time ago in an automotive industry [not] far, far away,” John Murphy, Research Analyst for Merrill Lynch delivered his popular annual “Car Wars” presentation in Detroit on May 10th. This was the 26th year of...more

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Cybersecurity

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