Recent IP Successes

Recent IP Successes

3/24/2009
By: John A. Artz In two recent patent litigation matters for Federal Mogul Corp. of Southfield, Michigan, Dickinson Wright Intellectual Property attorneys, John A. Artz and Robert Kelly, secured successful outcomes. Initially, in a case brought against Federal Mogul by one of its competitors for infringement of a patent on noise and heat abatement shields for vehicle engine components, Dickinson Wright secured a favorable Markman claim construction decision. The decision followed extensive briefing and an oral hearing before Federal Judge Avern Cohn in the United States District Court for the Eastern District of Michigan. As has become more common with some Courts in complex patent cases, instead of construing all disputed terms in all asserted claims, the parties were required to select a representative claim. The Court then construed the disputed terms in this claim. The Court's decision, which adopted Federal Mogul's proposed construction of all pertinent claim terms, led to a summary judgment in favor of Federal Mogul that its accused products did not infringe any of the claims of the patent-in-suit. The result allows Federal Mogul to compete directly with the competitor by selling Federal Mogul's own noise and heat abatement shields. In a second case, Dickinson Wright was successful in securing a preliminary injunction against a different competitor who was infringing two Federal Mogul patents relating to vehicle components. The patents covered gaskets for intake manifolds for vehicle engines, and were developed by Federal Mogul at significant time and expense. The inventive product solved the leakage problems with existing manifold gaskets and were highly successful commercially. Federal Mogul alleged that the competition copied Federal Mogul's patented products. The injunction thus prevented an aftermarket competitor from infringing Federal Mogul's patents and taking unfair advantage of Federal Mogul's substantial research and development efforts.
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