News & Analysis as of

OEM Intellectual Property Protection

Wiley Rein LLP

State “Right to Repair” Patchwork Grows as Electronic Device Manufacturers Face New Compliance Deadlines

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On May 28, 2024, Colorado became the fifth state to adopt a “right to repair” law, with Governor Jared Polis signing HB 1121, the “Consumer Right to Repair Digital Electronic Equipment” bill. Colorado now joins California,...more

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

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Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more

Foley & Lardner LLP

Successfully Navigating EV Product Roll-Outs: Manufacturers Balance Innovation and Legacy Needs

Foley & Lardner LLP on

Automotive OEMs, suppliers, startups and other participants in the automotive ecosystem have a great deal to do in 2023 as manufacturers begin to move to diversify historical internal combustion engine (ICE) vehicle product...more

Foley & Lardner LLP

Structuring IP Licenses to Manage Supply Chain Risks in the Automotive Industry

Foley & Lardner LLP on

In recent years unexpected supply chain disruptions made it difficult for some automotive suppliers to manufacture components needed to fulfill their downstream orders on time and on budget. Although looking to alternate...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (I)

Linda Liu & Partners on

The new trends of motorization, intelligence, networking, and shared service of automobiles are leading to a global reform and becoming industrial technological highlands across the world. They are included in the strategic...more

Foley & Lardner LLP

Key Intellectual Property Considerations for Joint or Outside Development Projects

Foley & Lardner LLP on

Recent years have witnessed accelerated advancements in, and commercialization of, electric vehicle, autonomous vehicle, connected vehicle, and other vehicle and mobility technologies. Similarly, the expertise and resources...more

Seyfarth Shaw LLP

An Ounce Of Prevention Is Worth A Pound Of Cure: How OEMs Can Protect Brand Strength In A Dealer Termination

Seyfarth Shaw LLP on

With the dramatic expansion of e-commerce in automobile sales in recent years, particularly during the COVID-19 pandemic, many now predict that this shift to online will create a permanent change in automotive retailing and...more

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

Hogan Lovells on

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Ballard Spahr LLP

Ninth Circuit Reverses Trial Court’s Finding That Qualcomm Violated Antitrust Laws

Ballard Spahr LLP on

The Ninth Circuit reversed a district court’s ruling that Qualcomm violated the Sherman Antitrust Act through its licensing and sales practices related to cellular microchips, resulting in a defeat to the Federal Trade...more

Haug Partners LLP

Ninth Circuit Reverses Northern District of California Decision in FTC v. Qualcomm Inc., No. 19-16122

Haug Partners LLP on

On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more

Hogan Lovells

Dust unsettled? China's Supreme Court refines OEM jurisprudence in ground-breaking Honda judgment.

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The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its...more

Hogan Lovells

Chain reaction: Managing financial risk and exposure in the automotive supply chain

Hogan Lovells on

The rapid increases in demand for connected, electric, and hybrid vehicles – together with the associated infrastructure – means that effective cooperation among OEMs, suppliers, regulators, and other stakeholders is now more...more

Foley & Lardner LLP

Collaboration and Development of Technology in Automotive

Foley & Lardner LLP on

In the not-so-distant past, the automotive industry sought to be mostly self-sufficient. That is to say, that when an automobile manufacturer (commonly referred to as an OEM) wished to add a new feature to one of its...more

Hogan Lovells

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Hogan Lovells on

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more

Hogan Lovells

China Trademarks: 2018 Highlights & 2019 Forecast

Hogan Lovells on

Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification...more

Hogan Lovells

Straight Talks: New players, new rules - IP disruption in the automobile industry

Hogan Lovells on

Not long ago, an automotive “innovation” meant a new way of engineering a powertrain or emissions system, which would then be patented by the original equipment manufacturer (OEM) or supplier. A “gentlemen’s agreement”...more

Hogan Lovells

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

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

Foley & Lardner LLP

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

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

Dorsey & Whitney LLP

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

Dorsey & Whitney LLP on

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

Foley & Lardner LLP

A Perfect Storm for Automotive Patent Disputes?

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As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

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