Supreme Court Case Could Make Patent Lawsuits Easier on Domestic Automakers

Matt Posky
by Matt Posky

A Supreme Court ruling between two food companies may benefit the Detroit Three and its many domestic suppliers.

The case of TC Heartland LLC v. Kraft Foods Group Brands focused on where plaintiffs in an intellectual property or patent infringement dispute can file a lawsuit. Current U.S. law dictates that the plaintiff may file a patent infringement suit in any court district where the defendant does business. This has saturated the Eastern District of Texas with countless patent and I.P. lawsuits. Plaintiffs prefer the region because rural Texas juries are more likely to rule against big businesses and the district is known for expediting proceedings.

According to a January study by the Stanford Technology Law Review, only about 15 percent of cases heard in the court actually involved a patent invented within the district or had an accused party that had an office in the area. However, the Supreme Court is expected to put the kibosh on the practice by forcing plaintiffs to try cases near the defendant’s headquarters — meaning domestic automakers could have the home field advantage in future legal proceedings. “The U.S. court system is set up to give the defendant an advantage of being at home, except in these cases,” said Joseph Barber, a Royal Oak-based IP attorney, speaking to Crain’s Detroit Business. “Patent trolls were really able to manipulate the system down in Texas with the use of a quick court that hindered a defendant’s prep time and [less sophisticated] rural jurors.”

Assuming the Supreme Court rules in favor of changing the jurisdiction guidelines, Detroit automakers will also save on legal fees. The Eastern District of Texas mandates the use of a local lawyer, so automotive companies typically keep some on retainer while also sending highly-paid consultants from other firms nearer to their home base.

Barber believes that the Eastern District of Michigan court could see as many as three dozen additional patent cases annually if the Supreme Court rules against venue shopping, with more to come as vehicles continue to adopt more technology.

“Cars are becoming computers on wheels,” Barber said. “Moving these cases to Detroit would provide [automakers] a more knowledgeable bench of judges and stable of jurors, many of which are engineers understanding the complex nature of these cases.”

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Erikstrawn Erikstrawn on Mar 29, 2017

    "the Supreme Court is expected to put the kibosh on the practice by forcing plaintiffs to try cases near the defendant’s headquarters" For legal purposes our headquarters is in Detroit. For tax purposes our headquarters is in Jamaica. For marketing purposes our headquarters is in sunny California. For investment purposes our headquarters is in Silicon Valley...

  • 05lgt 05lgt on Mar 29, 2017

    I seem to have overheard differing explanations for the popularity or East texas Courts somewhere, something about judges who value the community income from the local lawyer rule and general corruptness. Not sure where I heard it and I certainly have no opinion of my own on the topic.

  • W Conrad I'm not afraid of them, but they aren't needed for everyone or everywhere. Long haul and highway driving sure, but in the city, nope.
  • Jalop1991 In a manner similar to PHEV being the correct answer, I declare RPVs to be the correct answer here.We're doing it with certain aircraft; why not with cars on the ground, using hardware and tools like Telsa's "FSD" or GM's "SuperCruise" as the base?Take the local Uber driver out of the car, and put him in a professional centralized environment from where he drives me around. The system and the individual car can have awareness as well as gates, but he's responsible for the driving.Put the tech into my car, and let me buy it as needed. I need someone else to drive me home; hit the button and voila, I've hired a driver for the moment. I don't want to drive 11 hours to my vacation spot; hire the remote pilot for that. When I get there, I have my car and he's still at his normal location, piloting cars for other people.The system would allow for driver rest period, like what's required for truckers, so I might end up with multiple people driving me to the coast. I don't care. And they don't have to be physically with me, therefore they can be way cheaper.Charge taxi-type per-mile rates. For long drives, offer per-trip rates. Offer subscriptions, including miles/hours. Whatever.(And for grins, dress the remote pilots all as Johnnie.)Start this out with big rigs. Take the trucker away from the long haul driving, and let him be there for emergencies and the short haul parts of the trip.And in a manner similar to PHEVs being discredited, I fully expect to be razzed for this brilliant idea (not unlike how Alan Kay wasn't recognized until many many years later for his Dynabook vision).
  • B-BodyBuick84 Not afraid of AV's as I highly doubt they will ever be %100 viable for our roads. Stop-and-go downtown city or rush hour highway traffic? I can see that, but otherwise there's simply too many variables. Bad weather conditions, faded road lines or markings, reflective surfaces with glare, etc. There's also the issue of cultural norms. About a decade ago there was actually an online test called 'The Morality Machine' one could do online where you were in control of an AV and choose what action to take when a crash was inevitable. I think something like 2.5 million people across the world participated? For example, do you hit and most likely kill the elderly couple strolling across the crosswalk or crash the vehicle into a cement barrier and almost certainly cause the death of the vehicle occupants? What if it's a parent and child? In N. America 98% of people choose to hit the elderly couple and save themselves while in Asia, the exact opposite happened where 98% choose to hit the parent and child. Why? Cultural differences. Asia puts a lot of emphasis on respecting their elderly while N. America has a culture of 'save/ protect the children'. Are these AV's going to respect that culture? Is a VW Jetta or Buick Envision AV going to have different programming depending on whether it's sold in Canada or Taiwan? how's that going to effect legislation and legal battles when a crash inevitibly does happen? These are the true barriers to mass AV adoption, and in the 10 years since that test came out, there has been zero answers or progress on this matter. So no, I'm not afraid of AV's simply because with the exception of a few specific situations, most avenues are going to prove to be a dead-end for automakers.
  • Mike Bradley Autonomous cars were developed in Silicon Valley. For new products there, the standard business plan is to put a barely-functioning product on the market right away and wait for the early-adopter customers to find the flaws. That's exactly what's happened. Detroit's plan is pretty much the opposite, but Detroit isn't developing this product. That's why dealers, for instance, haven't been trained in the cars.
  • Dartman https://apnews.com/article/artificial-intelligence-fighter-jets-air-force-6a1100c96a73ca9b7f41cbd6a2753fdaAutonomous/Ai is here now. The question is implementation and acceptance.
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