1. “No re-export to Russia” clauses become mandatory for certain contracts within the EU - As of March 20, 2024, so-called “no re-export to Russia” clauses have become mandatory for certain types of contracts concluded by...more
The mobility and automotive industry continues to undergo dynamic change. As the market evolves, so does the legal framework for the industry. Dr. Sebastian Keding, Dr. Heiko Kermer, Max Küttner and David G. Schäfer provide...more
Obtaining Price Adjustments Under Requirements Contracts - Suppliers in the automotive industry often have fixed price requirement contracts with their customers for the life of a vehicle program. This means pricing, unless...more
A report issued this week alleges that most of the global auto industry is tainted with forced labor and is significantly tied to China’s Xinjiang Uyghur Autonomous Region (“Uyghur Region”). The report, written by a number of...more
This week saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada...more
As covered by the news, Mexico and Canada have joined forces to challenge the United States’ strict interpretation of some of the United States-Mexico-Canada Agreement´s (USMCA or Agreement) Automotive Rules of Origin (ROO)....more
On August 20, 2021, Mexico filed a request for consultations with the United States under the dispute settlement provisions of Chapter 31 of the Canada-United States-Mexico Agreement (CUSMA, also known as the USMCA) to...more
It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU...more
This report helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - U.S. new light vehicles sales in May exceeded projections to reach a...more
Intel has ousted CEO Robert Swan “as the company faces pressure from an activist investor and grapples with the loss of leadership in producing ultrafast chips.” Swan had been at the helm since January 2019...more
Citing recent investigations and new emissions detection capabilities, the California Air Resources Board (CARB) urges automakers and equipment manufacturers to voluntarily disclose potential violations of regulatory...more
Starting next year, vehicle aftermarket parts manufacturers will have a new process to navigate to qualify for California’s exemption from anti-tampering laws. ...more
Earlier this month, a federal judge ruled that the hosts of the Discovery Channel’s Diesel Brothers show must pay more than $850,000 for violating the Clean Air Act’s (CAA) tampering and defeat device prohibitions. While U.S....more
Korean national Eun Soo Kim, a former key accounts manager for an automotive parts company, pled guilty on March 2 in the US District Court for the Northern District of Georgia to conspiring to rig bids and allocate market...more
The U.S. is the world’s second-largest market for vehicle sales and production. To stay competitive in this multibillion-dollar industry, automotive manufacturers must strategically obtain valid and enforceable design patents...more
Auto part manufacturers that operate under an IMMEX Program and sell their products to Original Equipment Manufacturers (OEMs) in Mexico, should be aware that Mexican applicable regulations provide that OEMs that acquire such...more
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
On July 23, 2019, the Federal Circuit departed from its utility patent-focused docket to deliver a precedential opinion relating to design patents in Auto. Body Parts Ass’n v. Ford Global Techns., LLC. At issue were the...more
EU Trade Commissioner Malmstrom Announces That the EU Will Impose €39 Billion Worth of Retaliatory Tariffs on U.S. Goods if President Trump Imposes Section 232 Tariffs On Automobiles And Automotive Parts - The European...more
• 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
PATENT CASE OF THE WEEK - Automotive Body Parts Ass’n. v. Ford Global Techs., LLC, Appeal No. 2018-1613 (Fed. Cir. July 23, 2019) - Our case of the week is a design patent case. It concerns two primary issues—what...more
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
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
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
It is common to hear that auto part manufacturers with plants in Mexico that export their final products or that sell them to Mexican Original Equipment Manufacturers (OEMs), operate under trade facilitation programs that...more