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Pg ID 1
Plaintiff,
v.
Pg ID 2
THE PARTIES
liability company organized and existing under the laws of the State of Michigan,
having a principal place of business at 330 Townsend Drive, Suite 800 South,
Dearborn, MI 48126.
2.
International.
4.
and treasurer of UCC and Grace Tsai is Director, Vice President and Secretary of
UCC.
5.
Pg ID 3
On information and belief, Peter Tsai is also known as Yao Hwa Tsai
agent, President and Director of NWI, and Grace Tsai is the Vice President of
NWI.
8.
Lighthouse, Peter Tsai is Secretary and Director, Joseph Tsai is President and
Director, Daniel Tsai is Vice President and Director and Alice Tsai is Treasurer
and Director.
10.
II.
11.
Pg ID 4
The Court has subject matter jurisdiction over this action pursuant to,
inter alia, 28 U.S.C. 1331 (federal question); and 28 U.S.C. 1338(a) (action
arising under the Patent Act).
13.
about the relationship between Auto Lighthouse and New World and whether
sales made by Auto Lighthouse are related to sales made by New World.
Specifically, counsel representing New World has stated that: when Auto
Lighthouse makes a sale, it is of a part that Auto Lighthouse has purchased from
Pg ID 5
New World. So a sale by Auto Lighthouse necessarily means that New World has
already made a sale of the same part.
16.
offering for sale and selling infringing goods have been accessed in the State of
Michigan.
FACTUAL ALLEGATIONS
A.
FGTLs Patents
17.
FGTL has filed and been issued numerous design patents to protect its
valuable intellectual property in its automobiles, and its automotive part designs.
20.
Title
Vehicle Headlamp
Vehicle Headlamp
Vehicle Grill
Exterior of Vehicle Hood
4
Ford Vehicle
2004 F-150
2004 F-150
2004 F-150
2004 F-150
Pg ID 6
Title
Exterior of Vehicle Hood
Ford Vehicle
2004 F-150
2005 Mustang
2005 Mustang
2005 Mustang
2005 Mustang
shown below. In a design effort that spanned over two years and cost millions of
dollars, Ford overhauled its exterior design.
22.
The 2004 F-150 design included, among other things, new designs for
23.
designs they created. To establish the design for each 2004 F-150 part, a team of
Ford designers who are trained in the artistic field, worked for years to craft the
precise shape, contour, angles and dimensions of each individual part. A multistep process was employed in the design of each part including the vehicle
5
Pg ID 7
computer aided drafting, computer modeling, clay modeling and prototype parts.
This process was used to create aesthetically pleasing designs for the 2004 F-150
parts.
24.
Headlamp, issued on July 27, 2004, names Craig Metros, Patrick Schiavone, and
Tyler Blake as inventors and is assigned to FGTL. A copy of the 552 patent is
attached as Exhibit A.
25.
U.S. Patent No. D501685 (the 685 patent), entitled Vehicle Head
Lamp, issued on February 8, 2005, names Craig Metros, Jeffery Nowak, Patrick
Schiavone, and Tyler Blake as inventors and is assigned to FGTL. A copy of the
685 patent is attached as Exhibit B.
26.
Alternative headlamp designs are offered for sale for use on 2004 F-
150 vehicles that have a different aesthetic appearance than those covered by the
552 and 685 patents.
27.
Grill, issued on October 5, 2004, names Craig Metros, Patrick Schiavone, and
Tyler Blake as inventors and is assigned to FGTL. A copy of the 890 patent is
attached as Exhibit C.
28.
Pg ID 8
Alternative grille designs are offered for sale for use on 2004 F-150
vehicles that have a different aesthetic appearance than those covered by the 890
patent.
29.
Vehicle Hood, issued on May 4, 2004, names Craig Metros, Patrick Schiavone,
and Tyler Blake as inventors and is assigned to FGTL. A copy of the 299 patent
is attached as Exhibit D.
30.
Vehicle Hood, issued on August 3, 2004, names Craig Metros, Patrick Schiavone,
and Tyler Blake as inventors and is assigned to FGTL. A copy of the 753 patent
is attached as Exhibit E.
31.
Alternative hood designs are offered for sale for use on 2004 F-150
vehicles that have a different aesthetic appearance than those covered by the 299
and 753 and patents.
2005 Ford Mustang
32.
below. In a design effort that spanned over two years and cost millions of dollars,
Ford overhauled its exterior design.
33.
Pg ID 9
The 2005 Mustang design included, among other things, new designs
for the front bumper fascia (two versions), hood and taillamp
34.
designs they created. To establish the design for each 2005 Mustang part, a team
of Ford designers who are trained in the artistic field, worked for years to craft the
precise shape, contour, angles and dimensions of each individual part. A multistep process was employed in the design of each part including the vehicle front
bumper fascia (two versions), hood and taillamp. This multi-step process includes
hand sketches, computer aided drafting, computer modeling, clay modeling and
prototype parts. This process was used to create aesthetically pleasing designs for
the parts of the 2005 Mustang.
35.
U.S. Patent No. D498,444 (the 444 patent), entitled Front Bumper
Fascia, issued on November 16, 2004, names J C. Mays and Larry Erickson as
inventors and is assigned to FGTL. A copy of the 444 patent is attached as
Exhibit F.
36.
U.S. Patent No. D501,162 (the 162 patent), entitled Front Bumper
Fascia, issued on January 25, 2005, names J C. Mays and Larry Erickson as
inventors and is assigned to FGTL. A copy of the 162 patent is attached as
Exhibit G.
37.
Pg ID 10
162 patents, other alternative front bumper designs offered for sale for use on
2005 Mustang vehicles provide a different aesthetic appearance.
38.
U.S. Patent No. D510,551 (the 551 patent), entitled Hood, issued
on October 11, 2005, names J.C. Mays and Larry Erickson as inventors and is
assigned to FGTL. A copy of the 551 patent is attached as Exhibit H.
39.
Alternative hood designs are offered for sale for use on 2005 Mustang
vehicles that have a different aesthetic appearance than those covered by the 551
patent.
40.
Taillamp, issued on March 27, 2007, names J C. Mays and Larry Erickson as
inventors and is assigned to FGTL. A copy of the 448 patent is attached as
Exhibit I.
41.
Alternative taillamp designs are offered for sale for use on 2005
Mustang vehicles that have a different aesthetic appearance than those covered by
the 448 patent.
ITC Litigation
1.
States International Trade Commission (ITC) alleging the unlawful sale for
importation to the United States, importation into the United States, and the sale
Pg ID 11
within the United States after importation, of F-150 automotive parts that infringed
FGTLs valid and enforceable design patents, including the 552 and 890 patents
noted above.
2.
entered a General Exclusion Order prohibiting the unlawful importation and sale of
certain automotive parts that infringe FGTLs design patents, including the 552
and 890 patents. Exhibit J General Exclusion Order.
B.
the 2004 Ford F-150 and the 2005 Ford Mustang that infringe the FGTL Design
Patents-in-Suit (hereinafter Aftermarket Parts).
10
7.
Pg ID 12
The Defendants have sold or offered for sale in the United States
Aftermarket Parts that were copied from Fords original equipment designs
covered by the FGTL Design Patents-in-Suit.
8.
design that was created through the use of computer-aided copying equipment.
9.
autobodycarparts.com,
for
sale
aftermarket
autobodypartsnow.com,
automotive
parts,
Quality-Parts.com,
including
Quality-
to contact the Defendants to cease and desist from offering for sale, selling or
importing products that infringe FGTLs Design patents. Exhibit K is a
11
Pg ID 13
September 28, 2011 letter to NWI from FGTL that includes a chart identifying all
of the FGTL Design Patents-In-Suit.
14.
again to NWI indicating that New World International is still selling parts covered
by FGTLs design patents and requesting acknowledgement Exhibit L is FGTLs
May 13, 2013 letter to NWI from FGTL.
15.
of UCC requesting additional information about the purchase, who reported their
sales of parts covered by FGTLs patents and requesting a list of FGTLs patents.
Exhibit M is the May 15, 2013 letter to FGTL.
16.
NWI parts covered by FGTLs patents that NWI had sold, and attaching another
list of FGTLs design patents. This list included the patents-in-suit. Exhibit N is
the May 21, 2013 letter.
17.
On June 11, 2013, FGTLs counsel sent a letter to NWI stating that
NWI had not agreed to refrain from selling parts covered by FGTLs design
patents. Exhibit O is the June 11, 2013 letter.
18.
New Worlds policy is to honor the FGTL design patents. and that the purpose of
the letter was to provide FGTL with the acknowledgement you seek. Exhibit P
12
Pg ID 14
assurances, websites associated with NWI were offering for sale patented parts
identified in FGTLs correspondence.
19.
action to cease and desist sales of the unauthorized products from Defendants
websites. FGTLs letter also included a chart listing hyperlinks to defendants
website autobodycarparts.com where unauthorized products were offered for sale,
along with an identification of the model year vehicle, part and corresponding
FGTL patent, as shown below. Exhibit Q is the November 13, 2013 letter and
complete chart.
Patent
D493753
D496890
Vehicle
Part
2004 F-150 Exterior of
Vehicle Hood
2004 F-150 Grille
D493552
2004 F-150
Headlamp
D501685
2004 F-150
Head Lamp
D489299
20.
AutoBodyCarParts.com
http://autobodycarparts.com/ford-truck-f-series-light-dutypickup-2004-2004-hood-panel-assy-aluminum--heritage26272
http://autobodycarparts.com/ford-truck-f-series-light-dutypickup-2004-2004-grille-assy-xl-xlt-lariat--except-stx--whoneycomb--black---heritage-26203
http://autobodycarparts.com/ford-truck-f-series-heritagepickup-1999-2004-grille-assy-w-bright-frame-w-argent-cross-bar-design--except-stx-26204
http://autobodycarparts.com/ford-truck-f-series-light-dutypickup-2005-2005-right-rh-passenger-side-headlampheadlight-assy-composite-3346
http://autobodycarparts.com/ford-truck-f-series-light-dutypickup-2005-2005-left-lh-driver-side-headlamp-headlightassy-composite-3348
http://autobodycarparts.com/ford-truck-f-series-light-dutypickup-2004-2004-hood-panel-assy-steel--heritage-13810
not offer the listed parts for sale. Exhibit R is the November 20, 2013 letter.
13
21.
Pg ID 15
sell parts identified in FGTLs letters , at least via Defendants websites and/or the
eBay or Amazon stores, in the United States.
22.
Defendants conduct has been willful, wanton and deliberate. It is also reasonable
to infer that Defendant actions have been objectively reckless based on the facts
set forth above, including that Defendants have sold Aftermarket Parts that are
copies of the designs in FGTLs Design Patents-In-Suit and that Defendants have
acknowledged the infringement and validity of the design patents in
correspondence. The actions of the Defendants with regard to infringement of the
FGTL Design Patents-in-Suit are willful such that FGTL is entitled to treble
damages under 35 U.S.C. 284.
24.
the Defendants and will continue to suffer such damages as long as those
infringing activities continue.
14
25.
Pg ID 16
Defendants will continue such willful acts of infringement, causing FGTL to incur
substantial and irreparable damage.
26.
additional automotive parts beyond those asserted in this complaint that infringe
FGTL patents.
27.
Defendants have infringed and continue to infringe the 552 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 552 patent in violation of 35 U.S.C. 271(a).
29.
15
30.
Pg ID 17
Defendants Headlamp
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
31.
infringement of the 552 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
32.
16
V.
Pg ID 18
33.
Defendants have infringed and continue to infringe the 685 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 685 patent in violation of 35 U.S.C. 271(a).
35.
36.
Defendants Headlamp
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
37.
infringement of the 685 patent as described above. Such willful and deliberate
17
Pg ID 19
39.
Defendants have infringed and continue to infringe the 890 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 890 patent in violation of 35 U.S.C. 271(a).
41.
Defendants Grille
18
42.
Pg ID 20
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
43.
infringement of the 890 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
44.
45.
Defendants have infringed and continue to infringe the 299 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 299 patent in violation of 35 U.S.C. 271(a).
19
47.
Pg ID 21
Aftermarket Part offered for sale by the Defendants on their eBay store with seller
name auto_lighthouse.
299 Patent, Figure 1
48.
Defendants Hood
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
49.
infringement of the 299 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
20
Pg ID 22
Defendants have infringed and continue to infringe the 753 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 753 patent in violation of 35 U.S.C. 271(a).
52.
Aftermarket Part offered for sale by the Defendants on their eBay store with seller
name auto_lighthouse.
753 Patent, Figure 1
53.
Defendants Hood
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
21
54.
Pg ID 23
infringement of the 753 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
IX.
55.
Defendants have infringed and continue to infringe the 444 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 444 patent in violation of 35 U.S.C. 271(a).
57.
Aftermarket Part offered for sale by the Defendants on their eBay store with seller
name auto_lighthouse.
444 Patent, Figure 3
22
58.
Pg ID 24
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
59.
infringement of the 444 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
60.
61.
Defendants have infringed and continue to infringe the 162 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 162 patent in violation of 35 U.S.C. 271(a).
23
63.
Pg ID 25
Aftermarket Part offered for sale by the Defendants on their eBay store with seller
name auto_lighthouse.
162 Patent, Figure 3
64.
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
65.
infringement of the 162 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
66.
24
XI.
Pg ID 26
67.
Defendants have infringed and continue to infringe the 551 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 551 patent in violation of 35 U.S.C. 271(a).
69.
Aftermarket Part offered for sale by the Defendants on their eBay store with seller
name auto_lighthouse.
551 Patent, Figure 1
70.
Defendants Hood
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
25
71.
Pg ID 27
infringement of the 551 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
72.
73.
Defendants have infringed and continue to infringe the 448 patent by,
inter alia, making, using, importing, offering to sell, or selling the United States,
including the State of Michigan and within this District, products infringing the
ornamental design covered by the 448 patent in violation of 35 U.S.C. 271(a).
75.
26
76.
Pg ID 28
derived by Defendants, jointly and severally, from the unlawful conduct alleged
herein, including without limitation, FGTLs damages pursuant to 35 U.S.C. 284
and/or Defendants total profit pursuant to 35 U.S.C. 289.
77.
infringement of the 448 patent as described above. Such willful and deliberate
infringement justifies an increase of three times the damages to be assessed
pursuant to 35 U.S.C. 284 and further qualifies this action as an exceptional case
supporting an award of reasonable attorneys fees pursuant to 35 U.S.C. 285.
78.
B.
Pg ID 29
C.
D.
E.
F.
G.
H.
I.
J.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 552 patent for the full term thereof;
K.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 685 patent for the full term thereof;
L.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 890 patent for the full term thereof;
M.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 299 patent for the full term thereof;
28
N.
Pg ID 30
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 753 patent for the full term thereof;
O.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 444 patent for the full term thereof;
P.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 162 patent for the full term thereof;
Q.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 551 patent for the full term thereof;
R.
and their officers, agents, attorneys and employees, and those acting in privity or
concert with them, from infringing the 448 patent for the full term thereof;
S.
FGTL for the infringement of the 552 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
29
T.
Pg ID 31
FGTL for the infringement of the 685 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
U.
FGTL for the infringement of the 890 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
V.
FGTL for the infringement of the 299 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
W.
FGTL for the infringement of the 753 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
X.
FGTL for the infringement of the 444 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
Y.
FGTL for the infringement of the 162 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
30
Z.
Pg ID 32
FGTL for the infringement of the 551 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
AA. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the 448 patent pursuant to 35 U.S.C. 284 and/or
35 U.S.C. 289;
BB. Find that the Defendants infringement is deliberate and willful, and
that the damages awarded to FGTL be trebled pursuant to 35 U.S.C. 284;
CC. A declaration that this is an exceptional case and an award of
attorneys fees, disbursements, and costs of this action pursuant to 35 U.S.C.
285;
DD. Award FGTL interests and costs; and
EE.
Such other and further relief, including but not limited to, costs and
31
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32
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Plaintiff,
v.
NEW WORLD INTERNATIONAL
INC., AUTO LIGHTHOUSE PLUS,
LLC, and UNITED COMMERCE
CENTERS, INC.
Defendants.
Description
U.S. Patent No. D493,552
U.S. Patent No. D501,685
U.S. Patent No. D496,890
U.S. Patent No. D489,299
U.S. Patent No. D493,753
U.S. Patent No. D498,444
U.S. Patent No. D501,162
U.S. Patent No. D510,551
U.S. Patent No. D539,448
General Exclusion Order
Letter to P. Tsai from D. Porcari, 9/28/11
Letter to P. Tsai from D. Porcari, 5/13/13
Letter to D. Porcari from S. Culver, 5/15/13
Letter to S. Culver from D. Porcari, 5/21/13
Letter to S. Culver from D. Porcari, 6/11/13
Letter to D. Porcari from V. Byrnes, 6/18/13
Letter to V. Byrnes from A. Leshan, 11/13/13
Letter to A. Leshan from V. Byrnes, 11/20/13
EXHIBIT A
Pg ID 35
Pg ID 36
USO0D493552S1
US D493,552 s
**
(US)
(**) Term:
14 Years
(51)
(52)
(58)
D26/28
(56)
References Cited
D481,144
D484,262 S
* 12/2003
Takei
......
CLAIM
DESCRIPTION
. . . . .. D26/28
OTHER PUBLICATIONS
(57)
D406,910 S
D479,755 S
1;
FIG. 5 is a top vieW of the vehicle headlamp of FIG. 1; and,
FIG. 6 is a perspective vieW of vehicle headlamp in accor
dance With another embodiment of the present invention.
The headlamp is intended for attachment to a vehicle, and
the broken lines in the drawings are not part of the claimed
design. The bottom and rear of the headlamp are not part of
Pg ID 37
US D493,552 s
Page 2
OTHER PUBLICATIONS
vieW.
View.
product brochure
product brochure
1980.
product brochure
1980.
product brochure
Pg ID 38
US D493,552 s
Page 3
Pg ID 39
US D493,552 s
Page 4
Accessories 88.
1987.
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1990 Aerostar Wagon and Van Major Product
Changes.
Pg ID 40
US D493,552 s
Page 5
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1991 Ranger Major Product Changes.
Ford Motor Company; excerpts from product brochure
entitled New 1991 Ford Explorer . . . .
brochure
brochure
brochure
brochure
brochure
brochure
brochure
Pg ID 41
US D493,552 s
Page 6
brochure
brochure
brochure
brochure
brochure
Explorer.
Ford Motor Company; excerpts from product brochure
entitled The Nineteen Hundred and Ninety Eight Expedi
tion.
product brochure
circa 2001.
product brochure
entitled FSeries Ninety Nine.
Ford Motor Company; excerpts from product brochure
1999.
Pg ID 42
US D493,552 s
Page 7
Equinox.
MaZda Motor Corporation; excerpts from product brochure
entitled In H 4x2; published circa 1998.
Anita and Paul Lienert; excerpts from neWspaper article
entitled TWo extra doors increase utility of MaZda B
1977.
Rachel Konrad of Free Press Autornotive Writer; excerpts
U.S. Patent
Sheet 1 of3
Fi ure 1
Fi ure 2
Pg ID 43
US D493,552 S
U.S. Patent
Sheet 2 of3
Pg ID 44
US D493,552 S
U.S. Patent
Sheet 3 of3
Pg ID 45
US D493,552 S
Pg ID 46
()n petition re uesting issuance of}; ceni?cate for correction of invenmrship pursuant to 35 U.SC. 256. it
has been found t at the above idennhed patent through error and Without any deceptive intcnL improperly
sets forth the inventorship.
Accordin ]y. it 15 hereby ceni?egi that the correct invemorship of this patent is: Craig Metros. Bloom?eld
MI (US): am'ck J. Schiavone, Blrmmghamr MI (US); Tyler Jon Blake. Dearborn. ~Ml (US): and Je?ery
Nowak, Huntington, MI (US).
Signed and Sealed this Twenty-?fth Day of September 2007.
CARUN D. VEYNAR
EXHIBIT B
Pg ID 47
Pg ID 48
USO0D501685S
US D501,685 s
14 Years
**
Feb. 8, 2005
(51)
(52)
(58)
References Cited
U.S. PATENT DOCUMENTS
D465,040 S
* 10/2002
D469,194
1/2003
D470,958 S
D476,757 S
*
*
2/2003
7/2003
Shih et al.
.... .. D26/28
Pfeiffer ...................... .. D26/28
.....
. . . . .. D26/28
OTHER PUBLICATIONS
(57)
CLAIM
DESCRIPTION
FIG. 1 is a perspective vieW of a vehicle head lamp in
accordance With an embodiment of the present invention;
FIG. 2 is a front vieW of the vehicle head lamp of FIG. 1;
FIG. 3 is a side vieW of the vehicle head lamp of FIG. 1;
FIG. 4 is a top vieW of the vehicle head lamp of FIG. 1; and,
FIG. 5 is a perspective vieW of a vehicle head lamp in
accordance With another embodiment of the present inven
tion.
The head lamp is intended for attachment to a vehicle, and
the broken lines in the drawings are not part of the claimed
Pg ID 49
US D501,685 s
Page 2
OTHER PUBLICATIONS
product brochure
1980.
product brochure
1980.
product brochure
circa 1978.
vieW.
vieW.
Pg ID 50
US D501,685 s
Page 3
Pg ID 51
US D501,685 s
Page 4
circa 1987.
1987.
Pg ID 52
US D501,685 s
Page 5
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1990 Aerostar Wagon and Van Major Product
Changes.
1992.
brochure
brochure
brochure
brochure
brochure
brochure
brochure
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1991 Ranger Major Product Changes.
Ford Motor Company; excerpts from product brochure
entitled New 1991 Ford Explorer . . . .
brochure
brochure
brochure
Chassis.
brochure
1992.
1992.
1992.
Pg ID 53
US D501,685 s
Page 6
tion.
product brochure
product brochure
product brochure
product brochure
entitled FSeries Ninety Nine.
Ford Motor Company; excerpts from product brochure
1999.
Explorer.
Pg ID 54
US D501,685 s
Page 7
circa 2001.
2000.
Equinox.
circa 2000.
1997.
Pg ID 55
US D501,685 s
Page 8
U.S. Patent
Feb. 8,2005
Sheet 1 of3
FIGZ
Pg ID 56
US D501,685 S
U.S. Patent
Pg ID 57
US D501,685 s
U.S. Patent
Feb. 8,2005
Sheet 3 of3
Pg ID 58
US D501,685 S
EXHIBIT C
Pg ID 59
Pg ID 60
Pg ID 61
Pg ID 62
Pg ID 63
Pg ID 64
Pg ID 65
Pg ID 66
Pg ID 67
Pg ID 68
EXHIBIT D
Pg ID 69
Pg ID 70
USO0D489299S
US D489,299 S
Metros et al.
**
May 4, 2004
(US)
14 Years
Dec. 2, 2002
(51)
(52)
(58)
References Cited
*
*
3/1998
3/2000
D437,270
2/2001
Yokomaku
6/2002
D489,281
.. .. ... .
. . . . ..
D12/173
OTHER PUBLICATIONS
(57)
CLAIM
DESCRIPTION
FIG. 1 is a perspective vieW of an exterior of vehicle hood
in accordance With an embodiment of the present invention;
FIG. 2 is a front vieW of the vehicle hood of FIG. 1;
FIG. 3 is a top vieW of the vehicle hood of FIG. 1; and,
FIG. 4 is a side vieW of the vehicle hood of FIG. 1.
The hood is intended for attachment to a vehicle, and the
broken lines in the drawings are for illustrative purposes
only and not part of the claimed design. The bottom vieW of
the hood is not part of the claimed design. The side vieWs of
the vehicle hood are mirror images of one another.
Pg ID 71
US D489,299 S
Page 2
OTHER PUBLICATIONS
vieW.
product brochure
product brochure
1980.
product brochure
1980.
product brochure
Pg ID 72
US D489,299 S
Page 3
Pg ID 73
US D489,299 S
Page 4
1987.
Changes.
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1990 Ford Recreation Vehicle and Trailer ToWing
Guide.
Pg ID 74
US D489,299 S
Page 5
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1991 Ranger Major Product Changes.
Ford Motor Company; excerpts from product brochure
entitled New 1991 Ford Explorer . . . .
brochure
brochure
brochure
Chassis.
brochure
1992.
circa 1991.
1992.
Pg ID 75
US D489,299 S
Page 6
brochure
brochure
brochure
brochure
brochure
brochure
Explorer.
Ford Motor Company; excerpts from product brochure
entitled The Nineteen Hundred And Ninety Eight Expedi
tion.
product brochure
product brochure
product brochure
product brochure
entitled FSeries Ninety Nine.
Ford Motor Company; excerpts from product brochure
Pg ID 76
US D489,299 S
Page 7
Colorado;
Chevrolet; excerpts from product brochure entitled 2005
Equinox.
MaZda Motor Corporation; excerpts from product brochure
entitled In H 4x2; published circa 1998.
Anita and Paul Lienert; excerpts from newspaper article
entitled TWo extra doors increase utility increase utility of
MaZda B series; published Oct. 7, 1998.
MaZda Motor Corporation; excerpts from product brochure
entitled BSeries Trucks; published circa 1998.
MaZda Motor Corporation; excerpts from product brochure
entitled MaZda BSeries Truck; published circa 1997.
Dan Lienert; excerpts from neWspaper article entitled
AllneW MaZda truck on outside houses pure Ranger on the
* cited by exarniner
U.S. Patent
May 4, 2004
Sheet 1 0f 2
Pg ID 77
US D489,299 S
U.S. Patent
May 4, 2004
Sheet 2 0f 2
Pg ID 78
US D489,299 S
EXHIBIT E
Pg ID 79
US D493,753 s
Metros et al.
EXTERIOR OF VEHICLE HOOD
Pg ID 80
=1<=1<
Aug. 3, 2004
(US)
(73) Assignee: Ford Global Technologies, LLC,
Dearborn, MI (US)
(**) Term:
14 Years
(63)
Dec. 2, 2002.
(51)
(52)
(58)
References Cited
(57)
CLAIM
D437,270 S
D459,281 S
D472,857 S
*
*
*
OTHER PUBLICATIONS
DESCRIPTION
FIG. 1 is a perspective vieW of an exterior of vehicle hood
in accordance With an embodiment of the present invention;
FIG. 2 is a front vieW of the vehicle hood of FIG. 1;
FIG. 3 is a top vieW of the vehicle hood of FIG. 1; and,
FIG. 4 is a side vieW of the vehicle hood of FIG. 1.
The hood is intended for attachment to a vehicle, and the
broken lines in the drawings are not part of the claimed
design. The bottom vieW of the hood is not part of the
claimed design. The side vieWs of the vehicle hood are
mirror images of one another.
Pg ID 81
US D493,753 s
Page 2
OTHER PUBLICATIONS
vieW.
vieW.
Pg ID 82
US D493,753 s
Page 3
Pg ID 83
US D493,753 s
Page 4
circa 1987.
Accessories 88.
1987.
Changes.
Changes.
Pg ID 84
US D493,753 s
Page 5
Changes.
Ford Motor Company; excerpts from product brochure
entitled 1991 Ranger Major Product Changes.
Ford Motor Company; excerpts from product brochure
entitled New 1991 Ford Explorer . . . .
brochure
brochure
brochure
brochure
brochure
brochure
brochure
brochure
brochure
brochure
Chassis.
brochure
1992.
Pg ID 85
US D493,753 s
Page 6
1999.
Explorer.
Ford Motor Company; excerpts from product brochure
entitled The Nineteen hundred and Ninety Eight Expedi
tion.
Pg ID 86
US D493,753 s
Page 7
Equinox.
Mazda Motor Corporation; excerpts from product brochure
entitled IN H 4x2; published circa 1998.
Anita and Paul Lienert; excerpts from neWspaper article
entitled TWo extra doors increase utility of Mazda B
1997.
from Detroit Free Press article entitled Nissan steers neW
Pg ID 87
US D493,753 s
Page 8
* cited by eXarniner
U.S. Patent
Aug. 3, 2004
Sheet 1 of2
FIG. ]_
Pg ID 88
US D493,753 S
U.S. Patent
Aug. 3, 2004
Sheet 2 of2
FIGS
Pg ID 89
US D493,753 S
EXHIBIT F
Pg ID 90
Pg ID 91
Pg ID 92
Pg ID 93
EXHIBIT G
Pg ID 94
Pg ID 95
Pg ID 96
Pg ID 97
EXHIBIT H
Pg ID 98
Pg ID 99
Pg ID 100
Pg ID 101
EXHIBIT I
Pg ID 102
Pg ID 103
Pg ID 104
Pg ID 105
EXHIBIT J
Pg ID 106
Pg ID 107
In the Matterof
Inv. No. 337-TA-557
CERTAIN AUTOMOTIVE PARTS
Pg ID 108
question.
Accordingly, the Commissionhereby ORDERS
that:
1. Motorvehicle grilles coveredby the 890 patent are excludedfromentry into the UnitedStates
for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a warehousefor
consumption,for the remainingterm of the patent, except underlicense of the patent owneror as
provided by law.
2. Vehiclehead lampscoveredby the 552 patent are excludedfromentry into the UnitedStates
for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a warehousefor
consumption,for the remainingterm of the patent, except underlicense of the patent owneror as
provided by law.
3. Lowerbumpervalances coveredby the 135 patent are excludedfrom entry into the United
States for consumption,entry for consumptionfroma foreign trade zone, or withdrawalfrom a
warehousefor consumption,for the remainingterm of the patent, except under license of the patent
owneror as provided by law.
4. Lowerbumpervalances covered by the 579 patent are excludedfrom entry into the United
States for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a
warehousefor consumption,for the remainingterm of the patent, except under license of the patent
owneror as provided by law.
5. Vehicleside view mirrors coveredby the 615 patent are excludedfrom entry into the United
States for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a
warehousefor consumption,for the remainingterm of the patent, except under license of the patent
owneror as provided by law.
6. Vehicletail lampscoveredby the 561 patent are excludedfromentry into the UnitedStates
for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a warehousefor
consumption,for the remainingterm of the patent, except under license of the patent owneror as
Pg ID 109
provided by law.
7. Vehicle tail lampscoveredby the 044 patent are excludedfromentryinto the UnitedStates
for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a warehousefor
consumption,for the remainingterm of the patent, except under license of the patent owneror as
provided by law.
8. Notwithstandingparagraphs1 through7 of this Order, the aforesaid automotiveparts are
entitled to entry into the UnitedStates for consumption,entry for consumption
froma foreign trade zone,
or withdrawalfrom a warehousefor consumption,under bondin the amountof 100 percent of entered
value pursuant to subsection (j) of section 337 of the TariffAct of 1930, as amended
(19 U.S.C.
1337(j)), fromthe day after this Orderis received by the UnitedStates TradeRepresentative
delegatedby the President, 70 Fed. Reg. 43251(July 21, 2005), until such time as the UnitedStates
Trade Representativenotifies the Commission
that this Order is approvedor disapprovedbut, in any
event, not later than 60 daysafter the date of receipt of this Order.
9. At the discretion of U.S. Customsand Border Protection ("CBP")and pursuant to procedures
it establishes, personsseeking to importautomotiveparts that are potentially subject to this Ordermaybe
required to certify that theyare familiar with the terms of this Order, that they havemadeappropriate
inquiry, and thereuponstate that, to the best of their knowledge
andbelief, the productsbeing imported
are not excludedfromentry under paragraphs1 through 7 of this Order. At its discretion, CBPmay
require persons whohave providedthe certification described in this paragraphto furnish such records or
analysesas are necessaryto substantiate the certification.
10. In accordancewith 19 U.S.C. 1337(1), the provisions of this Order shall not apply
automotiveparts that are importedby and for the use of the UnitedStates, or importedfor, and to be used
for, the UnitedStates with the authorization or consent of the Government.
11. The Commission
maymodifythis Order in accordance with the procedures described in
section 210.76 of the Commissions
Rules of Practice and Procedure(19 C.F.R. 210.76).
Pg ID 110
12. TheSecretaryshall serve copies of this Orderuponeach party of record in this investigation
and uponthe Departmentof Health and Human
Services, the Departmentof Justice, the Federal Trade
Commission,and the Bureauof Customsand Border Protection.
13. Notice of this Ordershall be publishedin the FederalRegister.
By Order of the Commission.
Secretary
Pg ID 111
337-TA-557
al*ilyn RVAbbott,
Secretary
U.S. International Trade Commission
500 E Street, SW
Washington, DC20436
ON BEHALF OF COMPLAINANT FORD GLOBAL
TECHNOLOGIES:
EmieL. Brooks, Esq.
FrankA. Angileri, Esq.
Sangeeta, G. Shah, Esq.
BROOKS KUSHMANP.C.
1000 TownCenter
Twenty-SecondFloor
Southfield, Michigan48075
P-248-358-4400
F-248-358-3351
(
(
(
(
)
)
)
)
Via HandDelivery
Via OvernightMail
Via First Class Mail
Other:
V. JamesAdduciII, Esq.
ADDUCI, MASTRIANI & SCHAUMBERG
1200 17th Street, NW
Washington, DC20036
P-202-467-6300
F-202-466-2006
(
(
(
(
)
)
)
)
Via HandDelivery
Via OvernightMail
Via First Class Mail
Other:
EXHIBIT K
Pg ID 112
Pg ID 113
JACKSON, MS 392l$
Pg ID 114
Pg ID 115
F-150 Hood
INVOICE
...
- - - - - - - - - - - - - - - - - - - - - -
Pg ID 116
9/28/2011
- -
'Granted
-- ,Grante<:r 1
;Granted -rl=o2aoo185
::Grant~-- lfo~acff1as-Granted i
......
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!0497338
---~-:o5o31-3s---
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oVoooooU~oUoUooo{
Granted i
:Granted IF61o931o5
:0503135
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.0503135
;o497579
'!549i579''
v'""'~~Granted
]o~Q3T~5
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'Gi-anied FcHoes2osv
,F"6'1693164~
Grani
----- eC:t -woTo93 fo4c
-- '--
------------~~---------
Granted IF01095205
~~=~~~~~-------~--;;~~~~01 ~~~-~~~-~;~~~,!;~,g :.r::~:r;~~:---- ______ ,1anted 1F_()~-~?g~_:_ __
:Granted 'F()19~!)205V
-Granted
Pg ID 117
9/28/2011
Pg ID 118
9/28/2011
G
81045955 2664F-156.
!ho459s1l20M F==1so l=ord
B1o4596i20o4 F-156i=ord
810.45962!2Q04 F-150 Ford
'AU
>~u,=UN=NhoUN~
'<ho>NNNNNMo>'
'C
C0 hU
oWNNo'"''"-'~NmM
8 ~ Q4 7_~ ~J~qq~~~~fl~~J!i~J=5>rd
0511772004 F-150 Ford
. EXTERIOR OF VEH
!Granted
06-Jul-041 BUMPER
---------------lEXTERf6R6FVEHICLE..FR-5NT ...... + ......
+.Q~92_~?.!..
;Q_?:I?E:!:9?[
<:3.!Ci~t~~- JfQ.~QQQ!).!C:::
06-Jui-04IBUMPER
____
------~-~EXTERI5R~6FVEFiiCLE.FRCfNT
i
06-Jui-04!BUMPER
Granted :F01000561PP
...... TEXTERIOR 6F.VEHICLE.FRONT ....... -~--- -----l.
06-Jui-04IBUMPER
.....
...... ~ iEXTE~RIOR OFVEHICLEFR6NT
.0492627
02-Dec-oi
0492627
02-0ec-02
0492627
02-0ec-021
.... I.
0492627
02-0ec-02'
0492627
06-Jul-04; BUMPER
. TEXTERfbR OF VEHICLEFFH)Nf ....
. BUMPER
EXTERI6FfOF \lEHIClE FRONT.
uu-..ouu-.,BUMPER
. EXTERiOR 5i=vEFifcLEi=R5Nf.
'Gra.n~~s!. 'F01000561V
'Granted
F01000562C
Granted
BUMPER
:F01000584
Pg ID 119
9/28/2011
0492627
F-150 Ford
0492627
0492627
F01102352
F011 02352PP
0501809
F01102353
0501809
F01102353PP
0501809
F01102354
0501809
F01102354PP
0501809
F01102355
---------~-----~--~
Pg ID 120
9/28/2011
Pg ID 121
9/28/2011
crownviC1oria ForCi"~"
Crown Victoria Ford
-;;.-+2'""'o'"'o'6,_~, Jiifi>Unfain-eer:Me-rcli"~
Pg ID 122
9/28/2011
Pg ID 123
9/28/2011
Pg ID 124
9/28/2011
F'616ob613
F62562231
o25oi231c~~~
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~~
F02503231 ~ .
i=o25o32:Hc
Ford
c..~~ t=or:a~
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Lv--ruu:Lu\Jo
. . ~::.z:~;~~=~~fJ:~~~~~~~~~~~b~~.'::'.""~~o~...... ~r:antecf
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Escape Ford
Escape.'Far<:r ~
4 2668 E.scape.F'6rd~
1
.8::.1~'1;;2=.6::.5=74T2o58 Escapefara~
81.!?6~~9[?ool!~e~~hi.onc:>E.d.
81126630!2007 Expedition Ford
I272;~C>Q:~.~uper buJY.<?.~9
...... 1??2l2QQ~ ~Ljper [).llty F~<:>rct
.~1J?~?~?i?99~~~llfierJ:>IJ!Y:.~<:>r<f~~
........ .
'Granted
~ ~Granted
~-~~
rGranted rFo2502229 ~~ -~
:<3rantecrtr=o2503229.
!Granted rr=o1ooo63o
~ :Granted tFo1ooo631.
.TGranted ii=612oo456 ..
Granted :'Fo12oo459
: Grantea rr=o1~2~oo4a2
;Granted Tt=o12oo497.
.. .....I~!anie4 . :F'cH2oo499
:Granted
'Grantecf
81~ 1. ?~!~+,?Q!?_~.s~~...I?.LJ~E.<:>~.c!. _
2ooa~sup:e,yg~if.F.<:>r~:f
Ford
Granted
WcHoo24o5~
'Granted !F02502217
tGranted' Ti=o2so2243~
Granted
TF'o25o2243v
"-~+-w~ wwww
!Granted !F02503217
~iGrantecf
!F'62563243
"1<:31-a.nted ~1F02503243\l.
10
Pg ID 125
9/28/2011
11
Pg ID 126
9/28/2011
12
Pg ID 127
9/28/2011
13
Pg ID 128
9/28/2011
--------------------------------------------
14
Pg ID 129
9/28/2011
15
'"
' 18-Dec-08!
, 18-Dec~cfa:
~-"~--~~~---- '<~
18-Dec-081
-
,,., ''12:Jan-o9t,
, 10-Mar-09 1
Pg ID 130
9/28/2011
16
Pg ID 131
9/28/2011
fecEx
4025 NORTHVIEW DR
us
601-321-1933
Page 2 of2
Shipment Receipt
Address Information
Ship to:
Mr. Peter Tsai
New World International
JACKSON, MS
39206-5208
Pg ID 132
Ship from:
Damian Porcari
Ford Global Technologies,
LLC
330 Town Center Drive
Suite 800
Dearborn, MI
48126
us
3138455101
Shipping Information
Tracking number: 797567940276
Ship date: 09/28/2011
Estimated shipping charges: 4.89
Package Information
Service type: Standard Overnight
Package type: FedEx Envelope
Number of packages: 1
Total weight: 0.50LBS
Declared value: O.OOUSD
Special Services:
Pickup/Drop-off: Use an already scheduled pickup at my location
Billing Information
Bill transportation to: MyAccount-281
Your reference:
P.O. no.:
Invoice no.:
Department no.:
Please Note
Fed Ex will not be responsible for any claim in excess of$100 per package, whether the result of Joss, damage, delay, non-delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your
actual loss and file a timely claim. Umitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs,
and other forms of damage whether direct, incidental, consequential, or speical is fimited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is
$500, e.g., jewelry, precious metals, negotiable instruments and other items lised in our Service Guide. \Mitten daims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details.
The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. ConsuH the app~cable FedEx Servjce Gutde or the Fed Ex Rate Sheets
for details on how shipping charges are calculated.
https://www.fedex.com/shipping/html/en//PrintiFrame.html
9/28/2011
EXHIBIT L
Pg ID 133
Pg ID 134
Re: Ford Record 83208930 Cease and Desist New World International
Dear Mr. Tsai,
Ford Global Technologies wrote to you in September 2011. It has been reported
to me that New World International is still selling parts covered by Ford design patents.
To avoid further action, you must acknowledge receipt of this letter by Friday,
May 17th, 2013.
Sincerely,
EXHIBIT M
Pg ID 135
Pg ID 136
EXHIBIT N
Pg ID 137
Pg ID 138
Pg ID 139
Pg ID 140
Pg ID 141
Pg ID 142
Pg ID 143
Pg ID 144
Pg ID 145
"
Pg ID 146
Pg ID 147
"
Pg ID 148
"
Pg ID 149
Pg ID 150
"
Pg ID 151
&
Pg ID 152
'
Pg ID 153
Pg ID 154
Pg ID 155
Pg ID 156
Pg ID 157
Pg ID 158
Pg ID 159
Pg ID 160
Pg ID 161
Pg ID 162
Pg ID 163
Pg ID 164
Pg ID 165
Pg ID 166
Pg ID 167
Pg ID 168
Pg ID 169
Pg ID 170
Pg ID 171
Pg ID 172
'
Pg ID 173
Pg ID 174
Pg ID 175
'
Pg ID 176
'
Pg ID 177
Pg ID 178
'
Pg ID 179
'
Pg ID 180
'
Pg ID 181
'
Pg ID 182
Pg ID 183
'
Pg ID 184
'
Pg ID 185
Pg ID 186
Pg ID 187
Pg ID 188
Pg ID 189
Pg ID 190
Pg ID 191
Pg ID 192
'
Pg ID 193
Pg ID 194
Pg ID 195
Pg ID 196
Pg ID 197
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Pg ID 199
Pg ID 200
Pg ID 201
Pg ID 202
'
Pg ID 203
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EXHIBIT O
Pg ID 208
Pg ID 209
EXHIBIT P
Pg ID 210
Pg ID 211
EXHIBIT Q
Pg ID 212
Pg ID 213
Ernie L. Brooks
1942-2007
Vicki Byrnes
Maris & Lanier
3710 Rawlins Street, Suite 1550
Dallas, Texas 75219
Re: Unauthorized Use Of Ford Intellectual Property
Our File No.: 83208930 FMCL0240A
Dear Ms. Byrnes:
We received your letter of November 6, 2013. Ford is extremely disappointed to find
that, after over a year of correspondence, and our most recent letter, your client continues to
RIIHU SURGXFWV IRU VDOH FRYHUHG E\ )RUGV design patents ZLWKRXW )RUGV DXWKRUL]DWLRQ 2XU
FOLHQWVSDWLHQFHKDVZRUQWKLQ
We cannot continue any further discussions toward a resolution of this matter until your
client takes immediate action to cease and desist sales of the unauthorized products. Attached is
a list of unauthorized items we have identified on autobodyparts.com to date. By no later than
November 20, 2013, these items must be UHPRYHGIURP1:,VZHEVLWHVDQGyou must provide
your written assurance that they will no longer be offered for sale. If not, Ford will be forced to
consider all avenues available to protect and enforce its intellectual property rights.
Nothing in this letter is intended to waive any rights, remedies, or claims of Ford, all of
which are expressly reserved.
Very truly yours,
BROOKS KUSHMAN P.C.
Amy C. Leshan
Enclosures
ABPA_00000116
Pg ID 214
Patent
Vehicle
Part
AutoBodyCarParts.com
D494517
2003
Expedition
Ford
2003
Grand
Marquis
Mercury
Side
View
Mirror
Side
View
Mirror
http://autobodycarparts.com/ford-truck-expedition-2003-2004-right-rhpassenger-side-mirror-outside-rear-view-power--heated--w-signal-indicator-w-puddle-lamp-26519
2003
Grand
Marquis
Mercury
2003
Grand
Marquis
Mercury
2003
Grand
Marquis
Mercury
2003
Grand
Marquis
Mercury
2003 Grand
Marquis
Mercury
Vehicle
Hood
D493552
2004
F-150
Head
Lamp
D501685
2004
F-150
2004
F-150
Head
Lamp
Head
Lamp
D493753
2004
F-150
D489299
2004
F-150
D492044
2004
F-150
Exterior
of
Vehicle
Hood
Exterior
of
Vehicle
Hood
Tail
Lamp
D496890
2004
F-150
Grille
D569017
2005
Ford
Escape
Head
Lamp
D493755
D496611
D493393
D489656
D493752
D493239
D492801
http://autobodycarparts.com/mercury-grand-marquis-2003-2008-right-rhpassenger-side-mirror-outside-rear-view-non-heated-power-remote-24426
http://autobodycarparts.com/mercury-grand-marquis-2003-2008-left-lh-driverside-mirror-outside-rear-view-non-heated-power-remote-24430
http://autobodycarparts.com/mercury-grand-marquis-2003-2008-right-rhpassenger-side-mirror-outside-rear-view-heated-power-remote-24418
http://autobodycarparts.com/mercury-grand-marquis-1998-2011-hood-panelassy-steel-13358
Left
Front
Fender
http://autobodycarparts.com/mercury-grand-marquis-2003-2011-left-lh-driverside-front-fender-assy-13326
Right
Front
Fender
http://autobodycarparts.com/mercury-grand-marquis-2003-2011-right-rhpassenger-side-front-fender-assy-13324
Rear
Bumper
http://autobodycarparts.com/mercury-grand-marquis-2003-2006-rear-bumpercover-marauder--prime-24235
Head
Lamp
http://autobodycarparts.com/mercury-grand-marquis-2005-2005-right-rhpassenger-side-headlamp-headlight-assy-composite-2728
http://autobodycarparts.com/mercury-grand-marquis-2005-2005-left-lh-driverside-headlamp-headlight-assy-composite-2729
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2005right-rh-passenger-side-headlamp-headlight-assy-composite-3346
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2005left-lh-driver-side-headlamp-headlight-assy-composite-3348
1
http://autobodycarparts.com/ford-truck-f-series-heritage-pickup-2001-2004right-rh-passenger-side-headlamp-headlight-assy-composite-xlt-lariat-xl--w-ostx--w-o-heritage-edition-3
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2004-2004hood-panel-assy-aluminum--heritage-26272
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2004-2004hood-panel-assy-steel--heritage-13810
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2005right-rh-passenger-side-taillamp-tail-light-assy-flareside-3468
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2006left-lh-driver-side-taillamp-tail-light-assy-flareside-3470
http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2004-2004grille-assy-xl-xlt-lariat--except-stx--w-honeycomb--black---heritage-26203
http://autobodycarparts.com/ford-truck-f-series-heritage-pickup-1999-2004grille-assy-w-bright-frame-w-argent--cross-bar-design--except-stx-26204
http://autobodycarparts.com/ford-truck-escape-2004-2004-right-rh-passengerside-headlamp-headlight-lens-housing-3074
http://autobodycarparts.com/ford-truck-escape-2004-2004-left-lh-driver-sideheadlamp-headlight-lens-housing-3076
ABPA_00000117
D541708
D558102
D541709
D591214
D539708
D541711
D541712
D533816
D540720
D546736
D532728
D562201
D561067
D573068
D561070
Pg ID 215
2006
Ford
Explore
2006
Ford
Explore
Grille
http://autobodycarparts.com/ford-truck-explorer-2006-2010-grille-assy-w-xltmodel-w-o-ironman-package--w-limited-model-25269
Tail
Light
Lens
http://autobodycarparts.com/2006-2009-ford-truck-explorer-suv-left-taillampassembly--insurance-higher-quality--40715
http://autobodycarparts.com/2006-2009-ford-truck-explorer-suv-righttaillamp-assembly--insurance-higher-quality--40714
2006
Ford
Explore
2006
Mountaineer
Mercury
Vehicle
Bumper
http://autobodycarparts.com/ford-truck-explorer-2006-2010-front-bumpercover-xlt--prime-24993
Grille
2006
Mountaineer
Mercury
2006
Mountaineer
Mercury
Vehicle
Bumper
Cover
Vehicle
Mirror
http://autobodycarparts.com/mercury-mountaineer-2002-2005-grille-assybright---silver-25267
http://autobodycarparts.com/mercury-mountaineer-2006-2010-front-bumpergrille-25256
http://autobodycarparts.com/mercury-mountaineer-2006-2010-front-bumpermolding-center--w-o-chrome-pkg-25029
2006
Ford
Fusion
2007
Lincoln
MKX
2007
Lincoln
MKX
2007
Lincoln
MKX
2007
Ford
Edge
2007
Ford
Edge
Lower
Grille
http://autobodycarparts.com/ford-fusion-2006-2009-grille-mounting-panel13912
Lower
Bumper
http://autobodycarparts.com/lincoln-mkx-2007-2010-front-bumper-air-shieldlower-25227
Lower
Bumper
http://autobodycarparts.com/lincoln-mkz-2007-2009-front-bumper-air-shieldlower-26664
Upper
Front
Bumper
Grille
http://autobodycarparts.com/lincoln-mkx-2007-2010-front-bumperreinforcement-25033
Upper
Front
Bumper
Cover
Vehicle
Hood
http://autobodycarparts.com/ford-truck-edge-2007-2010-front-bumperreinforcement-25032
Fender
http://autobodycarparts.com/ford-flex-2009-2012-right-rh-passenger-sidefront-fender-inner-panel-39451
http://autobodycarparts.com/ford-flex-2009-2012-left-lh-driver-side-frontfender-inner-panel-39452
http://autobodycarparts.com/ford-flex-2009-2012-front-bumper-grille-18683
2008
Ford
Escape
2008
Ford
Flex
2008
Ford
Flex
2008
Ford
Flex
2008
Grille
Front
Bumper
Cover
Rear
http://autobodycarparts.com/mercury-mountaineer-2006-2010-right-rhpassenger-side-mirror-outside-rear-view-power--non-heated---p--25642
http://autobodycarparts.com/mercury-mountaineer-2006-2010-left-lh-driverside-mirror-outside-rear-view-power--non-heated---p--25647
http://autobodycarparts.com/mercury-mountaineer-2006-2010-left-lh-driverside-mirror-outside-rear-view-power--heated-25639
http://autobodycarparts.com/mercury-mountaineer-2006-2010-right-rhpassenger-side-mirror-outside-rear-view-power--heated--w-puddlelamp-25636
http://autobodycarparts.com/ford-truck-edge-2007-2010-front-bumper-grillematte-black-25255
http://autobodycarparts.com/ford-truck-escape-hybrid-2008-2012-hood-panelassy-25421
http://autobodycarparts.com/ford-flex-2009-2012-front-bumper-deflector18687
http://autobodycarparts.com/ford-flex-2009-2012-rear-bumper-reinforcement-
ABPA_00000118
2008
Ford
Flex
2008 Crown
Vic
Rear
Bumper
Cover
Grille
D555556
2008 Focus
Fender
D620849
2008 Focus
Grille
D573071
2009
Lincoln
MKS
Side
Mirror
D607785
2010
Ford
Fusion
Grille
D539194
Pg ID 216
http://autobodycarparts.com/ford-flex-2009-2012-rear-bumper-reinforcement27785
http://autobodycarparts.com/ford-crown-victoria-ltd-1998-2011-grille-assybase-model-lx-police--black---bright-13341
http://autobodycarparts.com/ford-crown-victoria-ltd-2003-2011-grille-assybase-model-lx--matte-black-24312
http://autobodycarparts.com/ford-focus-2008-2011-right-rh-passenger-sidefront-fender-inner-panel-24445
http://autobodycarparts.com/ford-focus-2008-2011-left-lh-driver-side-frontfender-inner-panel-24446
http://autobodycarparts.com/ford-focus-2009-2011-front-bumper-grille-coupe24557
http://autobodycarparts.com/lincoln-mkz-2007-2009-left-lh-driver-side-mirroroutside-rear-view-27924
http://autobodycarparts.com/lincoln-mkz-2007-2009-right-rh-passenger-sidemirror-outside-rear-view-27922
http://autobodycarparts.com/ford-fusion-2010-2011-front-bumper-grille-sport26678
ABPA_00000119
EXHIBIT R
Pg ID 217
Pg ID 218