Full Fed. Circ. Told Ford Design Patent Ruling 'Unworkable'

Law360 (August 15, 2019, 2:37 PM EDT) -- Calling the Federal Circuit’s test “improper and unworkable,” the Automotive Body Parts Association asked the full court to reconsider a ruling from last month that upheld Ford’s design patents for headlamps and hoods on its F-150 pickup trucks.

In a petition for en banc review filed Monday, ABPA says the court misapprehended the repair doctrine, which gives the purchaser of patented property the right to repair it. The group says the ruling creates an unworkable test that will have far-reaching significance by allowing manufacturers to control the aftermarket for car repair and replacement parts with design patents.

Unless the court resolves...

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