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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
FORD GLOBAL TECHNOLOGIES, LLC, Case No. 2:15-CV-10394-LJM-SDD
Plaintiff, HON. LAURIE J. MICHELSON v.
NEW WORLD INTERNATIONAL JURY TRIAL DEMANDED INC., AUTO LIGHTHOUSE PLUS, LLC, and UNITED COMMERCE CENTERS, INC.
Defendants.
SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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Plaintiff Ford Global Technologies, LLC (“FGTL”) by and through their undersigned counsel, as and for its Complaint against defendants United
Commerce Centers, Inc., New World International Inc., and Auto Lighthouse Plus,
LLC (collectively, “Defendants”) alleges as follows:
I. THE PARTIES
1. Ford Global Technologies LLC (hereinafter “FGTL”) is a limited 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. On information and belief, Defendant United Commerce Centers, Inc.
(hereinafter “UCC”) is a Texas Corporation, with a principal place of business at
1720 E. State Highway 356, Irving, TX 75060.
3. On information and belief, UCC is doing business as New World
International.
4. On information and belief, Peter Tsai is registered agent, president and treasurer of UCC and Grace Tsai is Director, Vice President and Secretary of
UCC.
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5. On information and belief, Defendant New World International Inc.
(hereinafter “NWI”) is a Texas Corporation, with a principal place of business at
1720 E. State Highway 356, Irving, TX 75060. New World is the d/b/a of UCC.
6. On information and belief, Peter Tsai is also known as Yao Hwa Tsai and is married to Grace Tsai also known as Li Hung Tsai (Chiang).
7. On information and belief, Yao Hwa (Peter) Tsai is the registered agent, President and Director of NWI, and Grace Tsai is the Vice President of
NWI.
8. On information and belief, Defendant Auto Lighthouse Plus, LLC.
(hereinafter “Auto Lighthouse”), is a limited liability company organized and existing under the laws of the State of Texas, having a principal place of business at 1720 E. State Highway 356, Irving, TX 75060.
9. On information and belief, Grace Tsai is registered agent of Auto
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. On information and belief, Auto Lighthouse operates under the assumed names autobodycarparts.com and autobodypartsnow.com. On information and belief, Auto Lighthouse operates virtual storefronts on the Amazon and eBay websites under the name Auto Lighthouse Plus and Auto Body Parts Express.
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II. JURISDICTION AND VENUE
11. This is an action for design patent infringement arising under the patent laws of the United States, 35 U.S.C. § 101 et seq.
12. 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. Venue and personal jurisdiction are appropriate in this Court under 28
U.S.C. § 1400 because Defendants have committed acts of infringement in this
District, and because a substantial part of the events giving rise to FGTL’s claims occurred in this District.
14. This court held venue and personal jurisdiction are appropriate for this case on June 16, 2016. (Dkt #62)
15. Defendants offer for sale and sell infringing goods to the 48 continental United States, including Michigan, through the activities of Auto
Lighthouse Plus in operating at least two retail websites and two virtual storefronts on Amazon and eBay.
16. Counsel for New World has made representations in correspondence 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
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Lighthouse makes a sale, it is of a part that Auto Lighthouse has purchased from
New World. So a sale by Auto Lighthouse necessarily means that New World has already made a sale of the same part.”
17. The websites and eBay and Amazon virtual storefronts of Defendants offering for sale and selling infringing goods have been accessed in the State of
Michigan. The Internet operations of Defendants are highly active and non- passive, permitting online purchase of goods for shipment to Michigan via executable on-line transactions with an exchange of money and goods.
III. FACTUAL ALLEGATIONS
A. FGTL’s Patents
18. Ford Motor Company (hereinafter “Ford”) is a manufacturer and seller, inter alia, of automobiles and automotive parts.
19. FGTL is a subsidiary of Ford Motor Company. FGTL owns and manages the intellectual property of Ford.
20. FGTL has filed and been issued numerous design patents to protect its valuable intellectual property in its automobiles, and its automotive part designs.
21. FGTL is the owner of the following U.S. Design Patents (collectively
“FGTL Design Patents-in-Suit”).
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U.S. Patent No. Title Ford Vehicle D493,552 Vehicle Headlamp 2004 F-150 D496,890 Vehicle Grill 2004 F-150 D493,753 Exterior of Vehicle Hood 2004 F-150 D496,615 Vehicle Exterior Side Mirror 2004 F-150
D498,444 Front Bumper Fascia 2005 Mustang D501,162 Front Bumper Fascia 2005 Mustang D510,551 Hood 2005 Mustang D539,448 Vehicle Taillamp 2005 Mustang D500,717 Vehicle Exterior Side Mirror 2005 Mustang D508,223 Exterior of Vehicle Fender 2005 Mustang D500,969 Rear Bumper 2005 Mustang D500,970 Rear Bumper 2005 Mustang D582,065 Vehicle Headlamp 2005 Mustang
2004 Ford F-150
22. In 2003, Ford introduced a newly designed 2004 model F-150 truck shown below. In a design effort that spanned over two years and cost millions of dollars, Ford overhauled its exterior design.
23. The 2004 F-150 design included, among other things, new designs for the vehicle headlamp, grille, hood and side-view mirror.
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24. Ford’s designers spent years meticulously crafting every detail of the 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 multi- step process was employed in the design of each part including the vehicle headlamp, grille and hood. 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 2004 F-150 parts.
25. U.S. Patent No. D493,552 (“the ‘552 patent”), entitled “Vehicle
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.
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 patent.
27. U.S. Patent No. D496,890 (“the ‘890 patent”), entitled “Vehicle
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 B.
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28. 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. U.S. Patent No. D493,753 (“the ‘753 patent”), entitled “Exterior of
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 C.
30. 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 753 patent.
31. U.S. Patent No. D496,615 (“the ‘615 patent”), entitled “Vehicle Side
View Mirror,” issued on September 28, 2004, names Craig Metros, Jeffery Nowak,
Patrick Schiavone, and Tyler Blake as inventors and is assigned to FGTL. A copy of the ‘615 patent is attached as Exhibit D.
32. Alternative side view mirror designs are offered for sale for use on
2004 F-150 vehicles that have a different aesthetic appearance than those covered by the ‘615 patent.
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2005 Ford Mustang
33. In 2004, Ford introduced a newly designed 2005 Ford Mustang shown below. In a design effort that spanned over two years and cost millions of dollars,
Ford overhauled its exterior design.
34. The 2005 Mustang design included, among other things, new designs for the front bumper fascia (two versions), hood, taillamp, side-view mirror, fender, rear bumper fascia (two versions), and headlamp.
35. Ford’s designers spent years meticulously crafting every detail of the 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 multi- step process was employed in the design of each part including the vehicle front bumper fascia (two versions), hood, taillamp, side-view mirror, fender, rear bumper fascia (two versions), and headlamp. This multi-step process includes hand sketches, computer aided drafting, computer modeling, clay modeling and
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prototype parts. This process was used to create aesthetically pleasing designs for the parts of the 2005 Mustang.
36. 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 E.
37. 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 F.
38. In addition to the two alternative designs covered by the ‘444 and
‘162 patents, other alternative front bumper designs offered for sale for use on
2005 Mustang vehicles provide a different aesthetic appearance.
39. 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 G.
40. 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.
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41. U.S. Patent No. D539,448 (“the ‘448 patent), entitled “Vehicle
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 H.
42. 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.
43. U.S. Patent No. D500,717 (“the ‘717 patent”), entitled “Sideview
Mirror,” issued on January 11, 2005, names J. C. Mays and Larry Erickson as inventors and is assigned to FGTL. A copy of the ‘717 patent is attached as
Exhibit I.
44. Alternative sideview mirror designs are offered for sale for use on
2005 Mustang vehicles that have a different aesthetic appearance than those covered by the ‘717 patent.
45. U.S. Patent No. D508,223 (“the ‘223 patent”), entitled “Fender,” issued on August 9, 2005, names J. C. Mays and Larry Erickson as inventors and is assigned to FGTL. A copy of the ‘223 patent is attached as Exhibit J.
46. Alternative fender designs are offered for sale for use on 2005
Mustang vehicles that have a different aesthetic appearance than those covered by the ‘223 patent.
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47. U.S. Patent No. D500,969 (“the ‘969 patent”), entitled “Rear Bumper
Fascia,” issued on January 18, 2005, names J. C. Mays and Larry Erickson as inventors and is assigned to FGTL. A copy of the ‘969 patent is attached as
Exhibit K.
48. U.S. Patent No. D500,970 (“the ‘970 patent”), entitled “Rear Bumper
Fascia,” issued on January 18, 2005, names J. C. Mays and Larry Erickson as inventors and is assigned to FGTL. A copy of the ‘970 patent is attached as
Exhibit L.
49. In addition to the two alternative designs covered by the ‘969 and
‘970 patents, other alternative rear bumper designs offered for sale for use on 2005
Mustang vehicles provide a different aesthetic appearance.
50. U.S. Patent No. D582,065 (“the ‘065 patent”), entitled “Headlamp,” names J.C. Mays and Larry Erickson as inventors and is assigned to FGTL. A copy of the ‘065 patent is attached as Exhibit M.
51. Alternative headlamp designs are offered for sale for use on 2005
Mustang vehicles that have a different aesthetic appearance than those covered by the ‘065 patent.
ITC Litigation
52. On December 2, 2005, FGTL filed a Complaint before the United
States International Trade Commission (“ITC”) alleging the unlawful sale for
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importation to the United States, importation into the United States, and the sale within the United States after importation, of F-150 automotive parts that infringed
FGTL’s valid and enforceable design patents, including the ‘552 and ‘890 patents noted above.
53. On June 6, 2007, the United States International Trade Commission entered a General Exclusion Order prohibiting the unlawful importation and sale of certain automotive parts that infringe FGTL’s design patents, including the ‘552 and ‘890 patents. Exhibit N – General Exclusion Order.
B. Defendant’s Infringing Activities
FGTL’s Design Patents
54. Defendants are distributors and marketers of aftermarket automotive parts and accessories.
55. Upon information and belief, Defendants have had actual knowledge of one or more of the FGTL Design Patents-in-Suit for many years.
56. Upon information and belief, Defendants have had knowledge of the
General Exclusion Order since 2007.
57. Despite this knowledge, Defendants have sold aftermarket parts for the 2004 Ford F-150 and the 2005 Ford Mustang that infringe the FGTL Design
Patents-in-Suit (hereinafter “Aftermarket Parts”).
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58. The Defendants have sold or offered for sale in the United States
Aftermarket Parts that were copied from Ford’s original equipment designs covered by the FGTL Design Patents-in-Suit.
59. The Defendants’ Aftermarket Parts include an identical ornamental design that was created through the use of computer-aided copying equipment.
60. The Defendants assert their Aftermarket Parts match the design of
Ford’s original equipment designs covered by the FGTL Design Patents-in-Suit.
61. On Information and belief, Defendants operate at least four active websites offering for sale aftermarket automotive parts, including autobodycarparts.com, autobodypartsnow.com, Quality-Parts.com, Quality-
Parts.us, auto_lighthouse eBay and Amazon online stores, and autobodypartsexpress eBay and Amazon online stores.
62. Defendants are jointly and severally liable for infringement of the
FGTL Design Patents-in-Suit.
63. Upon information and belief, Defendants’ Aftermarket Parts are not labeled as “refurbished,” “salvaged” or otherwise authorized by FGTL or its licensee LKQ Corporation.
64. Starting at least as early as 2011, FGTL has made numerous attempts to contact the Defendants to cease and desist from offering for sale, selling or importing products that infringe FGTL’s Design patents. Exhibit O is a
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September 28, 2011 letter to NWI from FGTL that includes a chart identifying all of the FGTL Design Patents-In-Suit.
65. Defendants ignored FGTL’s letter. On May 13, 2013, FGTL wrote again to NWI indicating that “New World International is still selling parts covered by FGTL’s design patents” and requesting acknowledgement Exhibit P is FGTL’s
May 13, 2013 letter to NWI from FGTL.
66. On May 15, 2013, NWI responded to FGTL’s letter on the letterhead of UCC requesting additional information about the purchase, who reported their sales of parts covered by FGTL’s patents and requesting a list of FGTL’s patents.
Exhibit Q is the May 15, 2013 letter to FGTL.
67. On May 21, 2013, FGTL’s counsel sent a letter to NWI identifying
NWI parts covered by FGTL’s patents that NWI had sold, and attaching another list of FGTL’s design patents. This list included the patents-in-suit. Exhibit R is the May 21, 2013 letter.
68. On June 11, 2013, FGTL’s counsel sent a letter to NWI stating that
NWI had not agreed to refrain from selling parts covered by FGTL’s design patents. Exhibit S is the June 11, 2013 letter.
69. On June 18, 2013, NWI’s attorney wrote to FGTL, stating that it is
“New World’s 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 T
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is the June 18, 2013 letter to FGTL. FGTL discovered that despite NWI”s assurances, websites associated with NWI were offering for sale patented parts identified in FGTL’s correspondence.
70. On November 13, 2013, FGTL wrote to NWI requesting “immediate action to cease and desist sales of the unauthorized products” from Defendants’ websites. FGTL’s 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 U is the November 13, 2013 letter and complete chart.
Patent Vehicle Part AutoBodyCarParts.com http://autobodycarparts.com/ford-truck-f-series-light-duty- D493753 2004 F-150 Exterior of pickup-2004-2004-hood-panel-assy-aluminum--heritage- Vehicle Hood 26272 http://autobodycarparts.com/ford-truck-f-series-light-duty- D496890 2004 F-150 Grille pickup-2004-2004-grille-assy-xl-xlt-lariat--except-stx--w- honeycomb--black---heritage-26203 http://autobodycarparts.com/ford-truck-f-series-heritage- pickup-1999-2004-grille-assy-w-bright-frame-w-argent-- cross-bar-design--except-stx-26204 http://autobodycarparts.com/ford-truck-f-series-light-duty- D493552 2004 F-150 Headlamp pickup-2005-2005-right-rh-passenger-side-headlamp- headlight-assy-composite-3346
71. On November 20, 2013, NWI’s attorney responded that NWI “will not offer the listed parts for sale.” Exhibit V is the November 20, 2013 letter.
72. Notwithstanding their assurance otherwise, Defendants continued to sell parts identified in FGTL’s letters , at least via Defendants’ websites and/or the eBay or Amazon stores, in the United States.
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73. Defendants, have been, and continue to, infringe, actively induce others to infringe, and contributorily infringe FGTL’s Design Patents-In-Suit throughout the country.
74. It is reasonable to infer, based on the facts set forth above, that
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 FGTL’s 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.
75. FGTL has suffered damages as a result of the infringing activities of the Defendants and will continue to suffer such damages as long as those infringing activities continue.
76. FGTL has no adequate remedy at law. Unless enjoined by this Court,
Defendants will continue such willful acts of infringement, causing FGTL to incur substantial and irreparable damage.
77. Upon information and belief, Defendants are importing and selling additional automotive parts beyond those asserted in this complaint that infringe
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FGTL patents. Defendants have made attempts to conceal these infringing activities from FGTL.
IV. COUNT I - INFRINGEMENT OF FGTL ‘552 DESIGN PATENT
(2004 F-150 Vehicle Headlamp)
78. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
79. 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).
80. Following is a comparison of Figure 1 of the ‘552 patent and the
Aftermarket Part offered for sale by the Defendants.
‘552 Patent, Figure 1 Defendants’ Headlamp
81. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged
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herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
82. Defendants have engaged and are engaged in willful and deliberate 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 attorney’s fees pursuant to 35 U.S.C. § 285.
83. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘552 patent.
V. COUNT II - INFRINGEMENT OF FGTL ‘890 DESIGN PATENT
(2004 F-150 Vehicle Grille)
84. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
85. 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).
86. Following is a comparison of Figure 2 of the ‘890 patent and the
Aftermarket Part offered for sale by the Defendants on autobodypartsnow.com.
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‘890 Patent, Figure 2 Defendants’ Grille
87. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
88. Defendants have engaged and are engaged in willful and deliberate 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 attorney’s fees pursuant to 35 U.S.C. § 285.
89. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘890 patent.
VI. COUNT III - INFRINGEMENT OF FGTL ‘753 DESIGN PATENT
(2004 F-150 Exterior of Vehicle Hood)
90. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
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91. 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).
92. Following is a comparison of Figure 1 of the ‘753 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller name auto_lighthouse.
‘753 Patent, Figure 1 Defendants’ Hood
93. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
94. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘753 patent as described above. Such willful and deliberate infringement justifies an increase of three times the damages to be assessed
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pursuant to 35 U.S.C. § 284 and further qualifies this action as an exceptional case supporting an award of reasonable attorney’s fees pursuant to 35 U.S.C. § 285.
VII. COUNT IV – INFRINGEMENT OF FGTL ‘615 DESIGN PATENT
(2004 F-150 Exterior Side Mirror)
95. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
96. Defendants have infringed and continue to infringe the ‘615 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 ‘615 patent in violation of 35 U.S.C. § 271(a).
97. Following is a comparison of Figure 4 of the ‘615 patent and the
Aftermarket Part offered for sale by the Defendant on their eBay store with seller name auto_lighthouse.
‘615 Patent, Figure 4 Defendant’s Side Mirror
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98. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
99. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘615 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 attorney’s fees pursuant to 35 U.S.C. § 285.
VIII. COUNT V - INFRINGEMENT OF FGTL ‘444 DESIGN PATENT
(2005 Mustang Front Bumper Fascia (base))
100. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
101. 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).
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102. Following is a comparison of Figure 3 of the ‘444 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller name auto_lighthouse.
‘444 Patent, Figure 3 Defendants’ Bumper Fascia
103. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
104. Defendants have engaged and are engaged in willful and deliberate 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 attorney’s fees pursuant to 35 U.S.C. § 285.
105. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘444 patent.
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IX. COUNT VI - INFRINGEMENT OF FGTL ‘162 DESIGN PATENT
(2005 Mustang Front Bumper Fascia (GT))
106. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
107. 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).
108. Following is a comparison of Figure 3 of the ‘162 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller name auto_lighthouse.
‘162 Patent, Figure 3 Defendants’ Bumper Fascia
109. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
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110. Defendants have engaged and are engaged in willful and deliberate 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 attorney’s fees pursuant to 35 U.S.C. § 285.
111. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘162 patent.
X. COUNT VII - INFRINGEMENT OF FGTL ‘551 DESIGN PATENT
(2005 Mustang Hood)
112. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
113. 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).
114. Following is a comparison of Figure 1 of the ‘551 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller name auto_lighthouse.
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‘551 Patent, Figure 1 Defendants’ Hood
115. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
116. Defendants have engaged and are engaged in willful and deliberate 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 attorney’s fees pursuant to 35 U.S.C. § 285.
117. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘551 patent.
26
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XI. COUNT VIII - INFRINGEMENT OF FGTL ‘448 DESIGN PATENT
(2005 Mustang Vehicle Taillamp)
118. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
119. 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).
120. Following is a comparison of Figure 1 of the ‘448 patent and the
Aftermarket Part offered for sale by the Defendants on their website autobodypartsnow.com.
‘448 Patent, Figure 1 Defendants’ Tail Lamp
121. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged
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herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
122. Defendants have engaged and are engaged in willful and deliberate 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 attorney’s fees pursuant to 35 U.S.C. § 285.
123. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘448 patent.
XII. COUNT IX – INFRINGEMENT OF FGTL ‘717 DESIGN PATENT
(2005 Mustang Side Mirror)
124. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
125. Defendants have infringed and continue to infringe the ‘717 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 ‘717 patent in violation of 35 U.S.C. § 271(a).
28
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126. Following is a comparison of Figure 2 of the ‘717 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller name auto_lighthouse.
‘717 Patent, Figure 2 Defendant’s Side Mirror
127. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
128. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘717 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 attorney’s fees pursuant to 35 U.S.C. § 285.
129. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘717 patent.
29
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XIII. COUNT X – INFRINGEMENT OF FGTL ‘223 DESIGN PATENT
(2005 Mustang Exterior of Vehicle Fender)
130. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
131. Defendants have infringed and continue to infringe the ‘223 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 ‘223 patent in violation of 35 U.S.C. § 271(a).
132. Following is a comparison of Figure 4 of the ‘223 patent and the
Aftermarket Part offered for sale by the Defendants on their ebay store with the seller name autobodypartsexpress.
‘223 Patent, Figure 4 Defendant’s Fender
133. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged
30
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herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
134. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘223 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 attorney’s fees pursuant to 35 U.S.C. § 285.
135. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘223 patent.
XIV. COUNT XI – INFRINGEMENT OF FGTL ‘969 DESIGN PATENT
(2005 Mustang Rear Bumper (base))
136. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
137. Defendants have infringed and continue to infringe the ‘969 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 ‘969 patent in violation of 35 U.S.C. § 271(a).
31
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138. Following is a comparison of Figure 2 of the ‘969 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller names auto_lighthouse and autobodypartsexpress.
‘969 Patent, Figure 2 Defendant’s Rear Bumper
139. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
140. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘969 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 attorney’s fees pursuant to 35 U.S.C. § 285.
141. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘969 patent.
32
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XV. COUNT XII – INFRINGEMENT OF FGTL ‘970 DESIGN PATENT
(2005 Mustang Rear Bumper (GT))
142. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
143. Defendants have infringed and continue to infringe the ‘970 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 ‘970 patent in violation of 35 U.S.C. § 271(a).
144. Following is a comparison of Figure 3 of the ‘970 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with seller name auto_lighthouse.
‘970 Patent, Figure 3 Defendant’s Rear Bumper
145. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
33
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146. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘970 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 attorney’s fees pursuant to 35 U.S.C. § 285.
147. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘970 patent.
XVI. COUNT XIII – INFRINGEMENT OF FGTL ‘065 DESIGN PATENT
(2005 Mustang Vehicle Headlamp)
148. Plaintiff incorporates and realleges, as if fully set forth in this paragraph, the allegations of the foregoing paragraphs.
149. Defendants have infringed and continue to infringe the ‘065 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 ‘065 patent in violation of 35 U.S.C. § 271(a).
150. Following is a comparison of Figure 3 of the ‘065 patent and the
Aftermarket Part offered for sale by the Defendants on their eBay store with the seller names auto_lighthouse and autobodypartsexpress.
34
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‘065 Patent, Figure 3 Defendant’s Headlamp
151. FGTL is entitled to a complete accounting of all revenue and profits derived by Defendants, jointly and severally, from the unlawful conduct alleged herein, including without limitation, FGTL’s damages pursuant to 35 U.S.C. § 284 and/or Defendants total profit pursuant to 35 U.S.C. § 289.
152. Defendants have engaged and are engaged in willful and deliberate infringement of the ‘065 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 attorney’s fees pursuant to 35 U.S.C. § 285.
153. FGTL is entitled to a permanent injunction preventing Defendants from further infringing the ‘065 patent.
35
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully request that this Court:
A. A judgment that Defendants infringed the ‘552 patent;
B. A judgment that Defendants infringed the ‘890 patent;
C. A judgment that Defendants infringed the ‘753 patent;
D. A judgment that Defendants infringed the ‘615 patent;
E. A judgment that Defendants infringed the ‘444 patent;
F. A judgment that Defendants infringed the ‘162 patent;
G. A judgment that Defendants infringed the ‘551 patent;
H. A judgment that Defendants infringed the ‘448 patent;
I. A judgment that Defendants infringed the ‘717 patent;
J. A judgment that Defendants infringed the ‘223 patent;
K. A judgment that Defendants infringed the ‘969 patent;
L. A judgment that Defendants infringed the ‘970 patent;
M. A judgment that Defendants infringed the ‘065 patent;
N. Enter a preliminary and permanent injunction to enjoin Defendants 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;
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O. Enter a preliminary and permanent injunction to enjoin Defendants 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;
P. Enter a preliminary and permanent injunction to enjoin Defendants 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;
Q. Enter a preliminary and permanent injunction to enjoin Defendants and their officers, agents, attorneys and employees, and those acting in privity or concert with them, from infringing the ‘615 patent for the full term thereof;
R. Enter a preliminary and permanent injunction to enjoin Defendants 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;
S. Enter a preliminary and permanent injunction to enjoin Defendants 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;
T. Enter a preliminary and permanent injunction to enjoin Defendants 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;
37
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U. Enter a preliminary and permanent injunction to enjoin Defendants 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;
V. Enter a preliminary and permanent injunction to enjoin Defendants and their officers, agents, attorneys and employees, and those acting in privity or concert with them, from infringing the ‘717 patent for the full term thereof;
W. Enter a preliminary and permanent injunction to enjoin Defendants and their officers, agents, attorneys and employees, and those acting in privity or concert with them, from infringing the ‘223 patent for the full term thereof;
X. Enter a preliminary and permanent injunction to enjoin Defendants and their officers, agents, attorneys and employees, and those acting in privity or concert with them, from infringing the ‘969 patent for the full term thereof;
Y. Enter a preliminary and permanent injunction to enjoin Defendants and their officers, agents, attorneys and employees, and those acting in privity or concert with them, from infringing the ‘970 patent for the full term thereof;
Z. Enter a preliminary and permanent injunction to enjoin Defendants and their officers, agents, attorneys and employees, and those acting in privity or concert with them, from infringing the ‘065 patent for the full term thereof;
38
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AA. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘552 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
BB. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘890 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
CC. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘753 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
DD. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘615 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
EE. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘444 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
FF. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘162 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
39
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GG. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘551 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
HH. 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;
II. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘717 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
JJ. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘223 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
KK. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘969 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
LL. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘970 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
40
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MM. Award FGTL damages against Defendants adequate to compensate
FGTL for the infringement of the ‘065 patent pursuant to 35 U.S.C. § 284 and/or
35 U.S.C. § 289;
NN. Find that the Defendant’s infringement is deliberate and willful, and that the damages awarded to FGTL be trebled pursuant to 35 U.S.C. § 284;
OO. 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;
PP. Award FGTL interests and costs; and
QQ. Such other and further relief, including but not limited to, costs and attorney fees, as this Court deems appropriate.
JURY TRIAL DEMAND
Pursuant to Fed. R. Civ. P. 38(b) and 5(d), Plaintiff demands a jury trial of all issues triable by jury.
41
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Respectfully submitted,
BROOKS KUSHMAN P.C. Dated: November 17, 2016 /s/ Linda D. Mettes Marc Lorelli (P63156) Frank A. Angileri (P45611) Linda D. Mettes (P69182) Amy C. Leshan (P69328) 1000 Town Center, Twenty-Second Floor Southfield, Michigan 48075 Tel: (248) 358-4400 / Fax: (248) 358-3351 Email: [email protected] [email protected] [email protected] [email protected]
Attorneys for Plaintiff Ford Global Technologies LLC
42
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CERTIFICATE OF ELECTRONIC SERVICE
I hereby certify that on November 17, 2016, I electronically filed the foregoing SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT with the Clerk of the Court for the Eastern District of Michigan using the ECF System which will send notification to the registered participants of the ECF System as listed on the Court's Notice of Electronic Filing.
I also certify that I have mailed by United States Postal Service the paper to the following non-participants in the ECF System:
Robert G. Oake, Jr. Thomas G. Cardelli Oake Law Office Paul M. Kittinger 825 Market Street CARDELLI LANFEAR, P.C. Building M, Suite 250 Attorneys for Defendants Allen, TX 75013 322 W. Lincoln Royal Oak, MI 48067
Respectfully submitted,
BROOKS KUSHMAN P.C.
/s/ Linda D. Mettes Marc Lorelli (P63156) Frank A. Angileri (P45611) Linda D. Mettes (P69182) Amy C. Leshan (P69328) 1000 Town Center, Twenty-Second Floor Southfield, Michigan 48075 Tel: (248) 358-4400 / Fax: (248) 358-3351 Email: [email protected] [email protected] [email protected] [email protected]
Attorneys for Plaintiff Ford Global Technologies LLC
Case 3:17-cv-03201-N Document 79-1 Filed 11/17/16 Page 1 of 1 PageID 4022
INDEX OF EXHIBITS TO FORD GLOBAL TECHNOLOGIES, LLC SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
EXHIBIT DESCRIPTION
A D493552 B D496890 C D493753 D D496615 E D498444 F D501162 G D510551 H D539448 I D500717 J D508223 K D500969 L D500970 M D582065 N General Exclusion Order 6-6-07 O Letter Porcari to Tsai 9-28-11 P Letter Porcari to Tsai 5-13-13 Q Letter Culver to Porcari 5-15-13 R Letter Porcari to Culver 5-21-13 S Letter Porcari to Culver 6-11-13 T Letter Leshan to Byrnes 11-13-13 U Letter Byrnes to Porcari 6-18-13 V Letter Byrnes to Leshan 11-20-13
Case 3:17-cv-03201-N Document 79-2 Filed 11/17/16 Page 1 of 12 PageID 4023
EXHIBIT A
Case 3:17-cv-03201-N Document 79-2 Filed 11/17/16 Page 2 of 12 PageID 4024 USO0D493552S1
(12) United States Design Patent (10) Patent N0.2 US D493,552 s Metros et al. (45) Date of Patent: ** Jul. 27, 2004
(54) VEHICLE HEADLAMP Ford Motor Company; excerpts from product brochure entitled “Tough Ford pickups: America’s No. 1 seller.*”; (75) Inventors: Craig Metros, Bloom?eld, MI (US); published circa 1977. Patrick J. Schiavone, Birmingham, MI Ford Motor Company; excerpts from product brochure (US); Tyler Jon Blake, Dearborn, MI entitled “1978 Ford Recreation Vehicles”. (US) Ford Motor Company; excerpts from product brochure entitled “1978 Ford 4—Wheelers”. (73) Assignee: Ford Global Technologies, LLC, Ford Motor Company; excerpts from product brochure Dearborn, MI (US) entitled “1978 Ford Bronco”. Ford Motor Company; excerpts from product brochure (**) Term: 14 Years entitled “1978 Ford Club Wagons”. Ford Motor Company; excerpts from product brochure (21) Appl. No.: 29/190,325 entitled “Free Wheelin’ Ford Trucks”; published circa 1977. Ford Motor Company; excerpts from product brochure (22) Filed: Sep. 19, 2003 entitled “1978 Ford Econoline”. (51) LOC (7) Cl...... 26-04 Ford Motor Company; excerpts from product brochure entitled “1978 Ford Courier”. (52) US. Cl...... D26/28 (58) Field of Search ...... D26/28—36; 362/61, (List continued on next page.) 362/80, 81, 82, 83, 83.3, 267, 269, 275, 330—340 Primary Examiner—Marcus A. Jackson (74) Attorney, Agent, or Firm—Davis B. Kelley (56) References Cited (57) CLAIM U.S. PATENT DOCUMENTS The ornamental design for a vehicle headlamp, as shoWn and D406,910 S * 3/1999 Bangle ...... D26/28 described. D479,755 S * 9/2003 Yanada ...... D26/28
D481,144 S * 10/2003 Takei ...... D26/28 DESCRIPTION D484,262 S * 12/2003 Liao ...... D26/28 FIG. 1 is a perspective vieW of a headlamp for a vehicle in OTHER PUBLICATIONS accordance With one embodiment of the present invention; FIG. 2 is a front vieW of the vehicle headlamp of FIG. 1; Photographs of Commercial Parts, 6 pages, prior to Sep. 19, FIG. 3 is a side vieW of the vehicle headlamp of FIG. 1; 2003. FIG. 4 is another side vieW of the vehicle headlamp of FIG. Ford Motor Company; excerpts from product brochure 1; entitled “1978 Ford Pickups”. FIG. 5 is a top vieW of the vehicle headlamp of FIG. 1; and, Ford Motor Company; excerpts from product brochure entitled “’78 Ford Pickups. Tough All Over.” FIG. 6 is a perspective vieW of vehicle headlamp in accor Ford Motor Company; excerpts from product brochure dance With another embodiment of the present invention. entitled “Ford Truck Accessories and Specialties Catalog”; The headlamp is intended for attachment to a vehicle, and published 1978. the broken lines in the drawings are not part of the claimed Ford Motor Company; excerpts from product brochure design. The bottom and rear of the headlamp are not part of entitled “Nuovo Ford Transit”; published circa 1978. the claimed design. Ford Motor Company; excerpts from product brochure entitled “’78 Ford Courier”. 1 Claim, 3 Drawing Sheets
Case 3:17-cv-03201-N Document 79-2 Filed 11/17/16 Page 3 of 12 PageID 4025
US D493,552 s Page 2
OTHER PUBLICATIONS Ford Motor Company; excerpts from product brochure entitled “1981 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford Recreation Vehicles”. entitled “1981 Ford—The leadership lineup.” Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Club Wagon Van”; published circa 1978. entitled “1981 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford 4—Wheelers”. entitled “1981 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure entitled “1979 Ford Club Wagons”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford Courier”. entitled “’79 Free Wheelin’ Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from mail advertisement entitled “1981 Ford Pickup”. entitled “Ford Explorer Special Edition Sale”; published Ford Motor Company; excerpts from product brochure circa 1979. entitled “1981 Ford 4—Wheeler”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1978 Ford Courier”. entitled “1981 Ford Recreation Vehicles”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford Econoline”. entitled “1981 Ford Econoline Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Truck Accessories”; published circa 1978. entitled “1981 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford Bronco”. entitled “1981 Ford Courier”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford Pickups”. entitled “Econoline/Club Wagon—1981 Con?dential Pre Ford Motor Company; excerpts from product brochure vieW”. entitled “Ford 1980 Econoline Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Econoline Van/Club Wagon”. entitled “Pickup 4—Wheeler Bronco”; published circa 1979. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 F—Series”. entitled “1980 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Bronco”. entitled “Econoline/Club Wagon—1980 Con?dential Pre Ford Motor Company; excerpts from product brochure View”. entitled “F—Series—1981 Con?dential PrevieW”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1980 Bronco”. entitled “Ford Truck Accessories and Specialties Catalog”; Ford Motor Company; excerpts from product brochure published circa 1982. entitled “Ford 1980 Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’82 Ford Trucks”. entitled “Ford 1980 Courier”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’82 Ford 4—Wheeler”. entitled “1980 Free Wheelin’ Fords”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’82 Ford Club Wagon”. entitled “Ford 1980 4—Wheeler”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’82 Ford Econoline”. entitled “Ford 1980 Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’82 Ford Bronco”. entitled “The Captain’s Club Wagon”; published circa 1979. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 3000 1—Tonner”; published circa 1981. entitled “Courier—1980 Con?dential PrevieW”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Courier”. entitled “Ford 2400 Diesel 1—Tonner”; published circa 1981. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 F—Series”. entitled “’82 Ford F—Series Pickups”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Bronco”. entitled “’82 Ford Econoline Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Econoline”. entitled “1983 Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Bronco”. entitled “America’s Truck”; published circa 1982. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1980 Club Wagon”. entitled “1983 F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford A—Serie”; published circa 1980. entitled “1983 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Pickups Ford”; published circa 1980. entitled “1983 Econoline Van/Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford 4—Wheeler”. entitled “’83 Ford Bronco”.
Case 3:17-cv-03201-N Document 79-2 Filed 11/17/16 Page 4 of 12 PageID 4026
US D493,552 s Page 3
Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Trucks”. entitled “1985 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford 4—Wheelers”. entitled “1985 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1983 Ford Recreation Vehicles”. entitled “The Aussie Ute”; published circa 1984. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Chassis Cab”. entitled “1985 Ford Chassis—Ca ”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Econoline”. entitled “1985 F—Series Explorer Package‘A’”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1600 1—Tonner LWB”; published circa 1982. entitled “1985 Ford Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Show Your Stripes—Create Bronco II Excite entitled “Ford Bantam”; published circa 1984. ment”; published circa 1982. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Concept Aerostar”. entitled “’83 Ford F—Series Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1—Tonner”; published circa 1984. entitled “’83 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1—Tonner 1600”; published circa 1984. entitled “’83 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “F—Series Pickup”; published circa 1984. entitled “’83 Ford Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford Wagon”. entitled “Ford Bronco II—It’s A Brand NeW KickH”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1986 Ford Aerostar Wagon”. entitled “Accessories for Ford Light Trucks & Vans”; pub Ford Motor Company; excerpts from product brochure lished circa 1983. entitled “Ford Aerostar Wagon”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Wagons”. entitled “Ford Club Wagon”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Aerostar Wars”; published circa 1983. entitled “Ford Bronco”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Concept Aerostar”; published circa 1983. entitled “Ford Econoline”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’84 Ford Trucks”. entitled “Der Transit”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Econoline Van”. entitled “Der Econovan”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Club Wagon”. entitled “1986 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Introducing the all neW trim—siZe 1984 Ford entitled “Ford F—Series”; published circa 1985. Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Light trucks & Vans Accessories ’86”. entitled “1984 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Today’s CroWd Pleasers—Spectron, Spectron entitled “1984 Ford Ranger”. Spacer, Spectron 4WD”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford F—Series Pickup”. entitled “1986 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Bronco”. entitled “1986 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Chassis—Ca ”. entitled “Transportation Concept for the 80’s and Beyond”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Trucks”. entitled “1986 Ford F Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Explorer Program”. entitled “1986 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford Bronco II”. entitled “1986 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford RV & Trailering Guide”. entitled “1986 Ford Chassis—Cab”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford Trucks”. entitled “1986 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford Trucks”. entitled “1986 Aerostar”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford Econoline Van”. entitled “1986 Aerostar Wagon”.
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Ford Motor Company; excerpts from product brochure Jan A. Zverina of United Press International; excerpts from entitled “1986 Ford Ranger”. neWspaper illustrating 1989 Ford Bronco II. Ford Motor Company; excerpts from product brochure Ford Mortor Company; excerpts from magaZine advertise entitled “1986 Ford Trucks”. ment illustrating 1988 Ford Ranger entitled “Ranger Pickup Ford Motor Company; excerpts from product brochure Bed Cap”. entitled “1987 Advance Light Truck Facts Book”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Pre—Runner Ranger Packages—Accent entitled “1987 Ford Trucks”. Accessories 88”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “New Ford Courier 4WD”; published circa 1986. entitled “Electrically PoWered F—Series Rear WindoW For Ford Motor Company; excerpts from product brochure Pickups”; published circa 1988. entitled “The Big Aussie Six”; published circa 1986. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “F—Series LPO”; published circa 1988. entitled “1987 Ford Chassis—Ca ”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Trucks”. entitled “1987 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Light Trucks Accessories 89”. entitled “1987 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Bronco II”. entitled “1987 Ford Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Econoline/Club Wagon”. entitled “1987 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Ranger”. entitled “1987 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Aerostar”. entitled “1987 Ford Aerostar Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Commericals Oct. 1989”. entitled “1987 Ford Aerostar Van”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Club Wagon”. entitled “1987 Ford F—Series Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford F—Series”. entitled “1988 Ford Wagons”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Ranger”. entitled “New Ford F—Series”; published circa 1987. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Bronco”. entitled “Maverick Wagon”; published circa 1987. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Aerostar Wagon”. entitled “Maverick Cab Chassis/Pick—Up”; published circa Ford Motor Company; excerpts from product brochure 1987. entitled “1990 F—Series Major Product Changes”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Ranger”. entitled “1990 Econoline/Club Wagon Major Product Ford Motor Company; excerpts from product brochure Changes”. entitled “1988 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Aerostar Wagon and Van Major Product entitled “1988 Ford Bronco”. Changes”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Club Wagon”. entitled “1990 Ford Recreation Vehicle and Trailer ToWing Ford Motor Company; excerpts from product brochure Guide”. entitled “1988 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Aerostar 4—Wheel Drive”; published circa 1989. entitled “1988 Ford Chassis—Cab”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Trucks”; published circa 1989. entitled “Ford Taurus Wagon, Ford Bronco 4x4”; published Ford Motor Company; excerpts from product brochure circa 1987. entitled “Ford Club Wagon”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Aerostar Van”. entitled “Ford Aerostar Wagon”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Aerostar Wagon”. entitled “Ford Bronco II”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford F—Series Pickup”. entitled “1990 Ford F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ranger”; published circa 1987. entitled “1990 Ford Econolinie and Aerostar Vans”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Trucks”. entitled “1990 Ford Bronco”. UnknoWn Author; excerpts from neWspaper section entitled Ford Motor Company; excerpts from product brochure “Auto Focus”; illustrating 1988 Ford F—series truck. entitled “1990 Ford Ranger”.
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Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ford Chassis—Cab”. entitled “Ford Commercial Trucks ’93, Pickups & Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ranger Major Product Changes”. entitled “Ford ’93 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Bronco Major Product Changes”. entitled “1993 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Bronco II Major Product Changes”. entitled “1993 F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Aerostar Major Product Changes”. entitled “1993 Econoline/Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Ford Ranger”. entitled “1993 Aerostar”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Econoline/Club Wagon Major Product entitled “Utility Light Trucks & Vans Accessories”; pub Changes”. lished circa 1992. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Ranger Major Product Changes”. entitled “Ford ’93, Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “New 1991 Ford Explorer . . . ”. entitled “Roll Along, CreW Cab DRW”; published circa Ford Motor Company; excerpts from product brochure 1992. entitled “1991 Ford Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Roll Along, Super Cab SRW”; published circa entitled “1991 Ford Trucks”. David SedgWick; excerpts from Detroit NeWs entitled 1992. “Explorer puts ford sport utility in driver’s seat”; published Ford Motor Company; excerpts from product brochure circa 1991. entitled “Roll Along, CreW Cab 4x4”; published circa 1992. Al Haas of Knight—Ridder NeWspapers; excerpts from Ford Motor Company; excerpts from product brochure neWspaper article entitled “Sport—utility vehicles brighten entitled “Roll Along, Super Cab DR ”; published circa dark sales year”; published circa 1991. 1992. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Ford F—Series”. entitled “Roll Along, Bronco”; published circa 1992. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Commercials—1992 Edition TWo”. entitled “Roll Along, Super Cab 4x4”; published circa 1992. James V. Higgins; excerpts from Detroit NeWs article James V. Higgins; excerpts from Detroit NeWs article entitled “Ford’s neW Flareside pickups near—perfect entitled “1993 Ranger redesign makes a ?rst—class pickup F—series addition”; published circa 1992. better”; published Jan. 20, 1993. Paul Lienert; excerpts from neWspaper article entitled “Club Russ Devault of Atlanta Journal Constitution; excerpts from Wagon sets the standard”; published circa 1992. Detroit Free Press article entitled “Sporty components give Paul Eisenstein; excerpts from Detroit NeWs article entitled the Lightning ?exibility”; published Mar. 4, 1993. “Ford to boost production on hot Explorers”; published circa UnkoWn Author; excerpts from neWspaper article illustrat 1992. ing a Ford Ranger XLT SuperCab 4x4; article entitled “Ford Ford Motor Company; excerpts from product brochure Ranger is unchallenged . . . ”; published Feb. 25, 1993. entitled “1992 Ford Trucks”. James V. Higgins; excerpts from Detroit NeWs article Ford Motor Company; excerpts from product brochure entitled “It’s thumbs up for Lightning, but doWn for Mus entitled “1992 Ford Club Wagon”. tang Cobra”; published May 13, 1993. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Commercial Trucks 1992, Vans”. entitled “F—Series”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, Aerostar Wagon”. entitled “1990 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, Bronco”. entitled “Ford 1992 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1992 Ford F—Series, Flareside”. entitled “Ford Trucks 1992 Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, Explorer”. entitled “Ford 1992 Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Trucks 1992, Ranger”. entitled “1992 Ford F—Series Flareside”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, F—Series”. entitled “Ford 1992 F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford ’93 F—Series”. entitled “Ford ’93, F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford ’93 Ford Trucks”. entitled “Ford 1994 F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1993 Ranger”. entitled “Ford 1994 Pickups & Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford ’93 Ranger”. entitled “Ford 1994 Explorer”.
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Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1994 Ranger”. entitled “2001 Explorer Sport Trac”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1994 Ford F—150 Lightning”. entitled “Ranger”; published circa 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “F—Series Pickup”; published circa 1993. entitled “2001 SupercreW”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Ranger”. entitled “Super Duty F—Series”; published circa 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1995 Ford Bronco”. entitled “F—Series, 1000 F—150 Series”; published circa Ford Motor Company; excerpts from product brochure 1999. entitled “1995 Ford Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Super Duty, 200 F—250/350 F—Series Pickups”; entitled “1996 Ford F—Series”. published circa 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1997 F—Series”. entitled “Windstar”; published circa 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “The All—NeW 1997 Fords F—150”. entitled “Ford, 2000 Windstar”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1997 F—150 Accessories”. entitled “Ford, 2000 (Commercial Vehicles)”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1997 Ranger”. entitled “The Great Escape”; published circa 2000. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “The Nineteen Hundred and Ninety Eight Ranger”. entitled “2001 FordSVT F—150 Lightning”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “The Nineteen Hundred and Ninety Eight entitled “Over The Edge Ranger”; published circa 2000. Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Excursion Sightseer”; published circa 2000. entitled “The Nineteen Hundred and Ninety Eight Expedi Ford Motor Company; excerpts from product brochure tion”. entitled “Out Here, There Are No Boundaries”; published Ford Motor Company; excerpts from product brochure circa 2001. entitled “Expedition Ninety Nine”. Toyota Motor Corporation; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Toyota 1996 4Runner”. entitled “Ranger Ninety Nine”. Toyota Motor Corporation; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Toyota 1997 T100”. entitled “Explorer Ninety Nine”. Toyota Motor Corporation; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Toyota Tacoma”. entitled “F—Series Ninety Nine”. Mark Williams; excerpts from Four Wheeler magaZine Ford Motor Company; excerpts from product brochure article entitled “Three pickups battle terrain—and each entitled “Harley—Davidson F—150”; published circa 1998. other—for the golden priZe”; published circa 1997. Ford Motor Company; excerpts from product brochure Toyota Motor Corporation; excerpts from product brochure entitled “CustomiZed Ford F—150 SuperCreW”; published entitled “Toyota Tundra”; published circa 1998. circa 1998. Toyota Motor Corporation; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1998 Toyota Rav4”. entitled “2001 Escape”. Toyota Motor Corporation; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1999 4Runner”. entitled “Excursion”; published circa 1999. Toyota Motor Corporation; excerpts from product brochure Tony SWan; excerpts from neWspaper illustrating 2000 Ford entitled “1999 Land Cruiser”. Excursion; published Aug. 5, 1999. Toyota Motor Corporation; excerpts from product brochure Anita and Paul Lienert; excerpts from neWspaper illustrating entitled “2002 Tacoma”. 2000 Ford Excursion. General Motors Corporation; excerpts from product bro Ford Motor Company; excerpts from product brochure chure entitled “2000 Shopper’s Guide”. entitled “Expedition”; published circa 1999. General Motors Corporation; excerpts from product bro Ford Motor Company; excerpts from product brochure chure entitled “Professional Grade Sierra”; published circa entitled “2000 Ford Expedition XLT, XLT With Premium 1999. Sport Appearance Group, Eddie Bauer”. General Motors Corporation; excerpts from product bro Ford Motor Company; excerpts from product brochure chure entitled “GMC Product Guide”; published circa 1999. entitled “Explorer 4 Door”; published circa 1999. General Motors Corporation; excerpts from product bro Ford Motor Company; excerpts from product brochure chure entitled “Introducing the Sierra Sport Special Edi entitled “Explorer Sport”; published circa 1999. tion”; published circa 2000. Ford Motor Company; excerpts from product brochure General Motors Corporation; excerpts from product bro entitled “Explorer sport”; published circa 1999. chure entitled “Safari, Quick Facts”; published circa 2000. Ford Motor Company; excerpts from product brochure General Motors Corporation; excerpts from product bro entitled “Ford, 2000—01 (Explorer), Sport”. chure entitled “Jimmy, Quick Facts”; published circa 2000. Ford Motor Company; excerpts from product brochure General Motors Corporation; excerpts from product bro entitled “Ford, 2000 (Explorer), XLS, XLS Sport, XLT, XLT chure entitled “Yukon Denali, Quick Facts”; published circa Sport, Eddie Bauer, Limited”. 2000.
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General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “Corn chure entitled “Sonorna, Quick Facts”; published circa 2000. rnercial Trucks”; published circa 2001. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled chure entitled “Yukon, Quick Facts”; published circa 2000. “Tracker”; published circa 2001. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “Trail chure entitled “Sierra Heavy Duty, Quick Facts”; published BlaZer EXT”; published circa 2001. circa 2000. Chevrolet; excerpts from product brochure entitled “Trail General Motors Corporation; excerpts from product bro Blazer”; published circa 2001. chure entitled “Sierra Light Duty, Quick Facts”; published Chevrolet; excerpts from product brochure entitled “Ava circa 2000. lanche”; published circa 2001. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “2004 chure entitled “2002 Envoy”. Colorado”. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “2005 chure entitled “2002 Yukon/Yukon Denali”. Equinox”. General Motors Corporation; excerpts from product bro MaZda Motor Corporation; excerpts from product brochure chure entitled “2002 Sierra”. entitled “In H 4x2”; published circa 1998. The Dodge Corporation; excerpts from product brochure Anita and Paul Lienert; excerpts from neWspaper article entitled “Sport Utility De?ned”; published circa 1997. entitled “TWo extra doors increase utility of MaZda B The Dodge Corporation; excerpts from product brochure series”; published Oct. 7, 1998. entitled “More poWer. More torque. More toWing. More MaZda Motor Corporation; excerpts from product brochure payload. More room”; published circa 1997. entitled “B—Series Trucks”; published circa 1998. The Dodge Corporation; excerpts from product brochure MaZda Motor Corporation; excerpts from product brochure entitled “1998 Dakota, The NeW Dodge”. entitled “MaZda B—Series Truck”; published circa 1997. The Dodge Corporation; excerpts from product brochure Dan Lienert; excerpts from neWspaper article entitled “All— entitled “1998 Ram Pickup, The NeW Dodge”. neW MaZda truck on outside houses pure Ranger on the The Dodge Corporation; excerpts from product brochure inside”; published Aug. 6, 1977. entitled “Different to the Maxx”; published circa 1999. MaZda Motor Corporation; excerpts from product brochure The Dodge Corporation; excerpts from product brochure entitled “1998 MaZda B4000 4><4 SE Cab Plus”. entitled “1998 Durango, The NeW Dodge”. MaZda Motor Corporation; excerpts from product brochure The Dodge Corporation; excerpts from product brochure entitled “The B—Series Trucks By MaZda”; published circa entitled “2001 Durango”. 1977. The Dodge Corporation; excerpts from product brochure Rachel Konrad of Free Press Autornotive Writer; excerpts entitled “2001 Ram”. from Detroit Free Press article entitled “Nissan steers neW The Dodge Corporation; excerpts from product brochure vehicles toWard turn—around”; published Dec. 31, 1998. entitled “Ram 1500 2002”. Tony SWan; excerpts from neWspaper article entitled “Fron The Dodge Corporation; excerpts from product brochure tier CreW Cab shoWs that Nissan still has good ideas”; entitled “Rarn 2500/3500 2002”. published Apr. 29, 1999. Chevrolet; excerpts from product brochure entitled “Subur Paul Lienert; excerpts from Detroit NeWs article entitled ban”; published circa 2001. “Nissan peers into the future”; published Aug. 5, 1998. Chevrolet; excerpts from product brochure entitled “2002”. Nissan Motor Company; excerpts from product brochure Chevrolet; excerpts from product brochure entitled “BlaZ entitled “1999 Nissan Frontier”. er”published circa 2001. Nissan Motor Company; excerpts from product brochure Chevrolet; excerpts from product brochure entitled “Tahoe”; entitled “Nissan Cars & Trucks 1998”. published circa 2001. Nissan Motor Company; excerpts from product brochure Chevrolet ; excerpts from product brochure entitled “Sil entitled “Nissan Frontier 1998”. verado”; published circa 2001. Nissan Motor Company; excerpts from product brochure Chevrolet; excerpts from product brochure entitled “Corn entitled “2000 Frontier”. rnercial Vehicles”; published circa 2001. Photographs of Commercial Parts, 47 pages. Chevrolet; excerpts from product brochure entitled “S10”; published circa 2001. * cited by exarniner
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Fi ure 1
Fi ure 2
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UNITED STATES PATENT AND TRADEMARK OFFICE Certi?cate Patent No. D493.552 S Patented: July 27. 2004 ()n petition re uesting issuance of}; ceni?cate for correction of invenmrship pursuant to 35 U.S‘C. 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 Supervisory Patent Examiner An Unit 2913
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EXHIBIT B
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EXHIBIT C
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(12) United States Design Patent (10) Patent N0.2 US D493,753 s Metros et al. (45) Date of Patent: =1<=1< Aug. 3, 2004
(54) EXTERIOR OF VEHICLE HOOD Ford Motor Company; excerpts from product brochure entitled “’78 Ford Courier”. (75) Inventors: Craig Metros, Bloom?eld, MI (US); Ford Motor Company; excerpts from product brochure Patrick J. Schiavone, Birmingham, MI entitled “Tough Ford pickups: America’s No. 1 sellers.*”; (US); Tyler Jon Blake, Dearborn, MI published circa 1977. (US) Ford Motor Company; excerpts from product brochure entitled “1978 Ford Recreation Vehicles”. (73) Assignee: Ford Global Technologies, LLC, Ford Motor Company; excerpts from product brochure Dearborn, MI (US) entitled “1978 Ford 4—Wheelers”. (**) Term: 14 Years Ford Motor Company; excerpts from product brochure entitled “1978 Ford Bronco”. (21) Appl. No.: 29/173,451 Ford Motor Company; excerpts from product brochure entitled “1978 Ford Club Wagons”. (22) Filed: Dec. 30, 2002 Ford Motor Company; excerpts from product brochure entitled “Free Wheelin’ Ford Trucks”; published circa 1977. Related US. Application Data Ford Motor Company; excerpts from product brochure (63) Continuation-in-part of application No. 29/171,892, ?led on entitled “1978 Ford Econoline”. Dec. 2, 2002. Ford Motor Company; excerpts from product brochure entitled “1978 Ford Courier”. (51) LOC (7) Cl...... 12-16 (52) US. Cl...... D12/173 (List continued on next page.) (58) Field of Search ...... D12/173, 90—92, D12/196; 180/6921, 69.2; 296/185 Primary Examiner—Melody N. BroWn (74) Attorney, Agent, or Firm—David B. Kelley (56) References Cited (57) CLAIM U.S. PATENT DOCUMENTS The ornamental design for an exterior of vehicle hood, as D399,463 S * 10/1998 Grabo et a1...... D12/173 shoWn and described. D437,270 S * 2/2001 Yokomaku ...... D12/173 D459,281 S * 6/2002 SinkWitZ ...... D12/173 DESCRIPTION D472,857 S * 4/2003 Weber etal...... D12/173 FIG. 1 is a perspective vieW of an exterior of vehicle hood OTHER PUBLICATIONS in accordance With an embodiment of the present invention; Photographs of Commercial Parts, 6 Pages. FIG. 2 is a front vieW of the vehicle hood of FIG. 1; Photograph of commercial parts—38 pages. FIG. 3 is a top vieW of the vehicle hood of FIG. 1; and, Ford Motor Company; excerpts from product brochure FIG. 4 is a side vieW of the vehicle hood of FIG. 1. entitled “1978 Ford Pickups”. The hood is intended for attachment to a vehicle, and the Ford Motor Company; excerpts from product brochure broken lines in the drawings are not part of the claimed entitled “’78 Ford Pickups. Tough All Over.” design. The bottom vieW of the hood is not part of the Ford Motor Company; excerpts from product brochure claimed design. The side vieWs of the vehicle hood are entitled “Ford Truck Accessories and Specialties Catalog”; mirror images of one another. published 1978. Ford Motor Company; excerpts from product brochure entitled “Nuovo Ford Transit”; published circa 1978. 1 Claim, 2 Drawing Sheets
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OTHER PUBLICATIONS Ford Motor Company; excerpts from product brochure entitled “Pickups Ford”; published circa 1980. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford Recreation Vehicles”. entitled “1981 Ford 4—Wheeler”. Ford Motor Company; excerpts from article entitled “Ford Ford Motor Company; excerpts from product brochure Club Wagon Van”; published circa 1978. entitled “1981 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford 4—Wheelers”. entitled “1981 Ford—The leadership lineup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1979 Ford Club Wagons”. entitled “1981 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “79 Free Wheelin’ Ford Trucks”. entitled “1981 Ford Club Wagon”. Ford Motor Company; excerpts from rnail advertisernent Ford Motor Company; excerpts from product brochure entitled “Ford Explorer Special Edition Sale”; published entitled “1981 Ford Courier”. circa 1978. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford Pickup”. entitled “1979 Ford Courier”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford 4—Wheeler”. entitled “1979 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford Recreation Vehicles”. entitled “Ford Truck Accesories”; published circa 1978. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford Econoline Chassis”. entitled “1979 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford Econoline”. entitled “1979 Ford Pickups”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Ford Courier”. entitled “Ford 1980 Econoline Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Econoline/Club Wagon—1981 Con?dential Pre entitled “Pickup 4—Wheeler Bronco”; published circa 1979. vieW”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Bronco”. entitled “1981 Econoline Van/Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Econoline/Club Wagon—1980 Con?dential Pre entitled “1981 F—Series”. vieW”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1981 Bronco”. entitled “Ford 1980 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “F—Series—1981 Con?dential PrevieW”. entitled “Ford 1980 Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Truck Accessories and Specialties Catalog”; entitled “Ford 1980 Courier”. published circa 1982. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Free Wheelin’ Fords”. entitled “’82 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1980 4—Wheeler”. entitled “’82 Ford 4—Wheeler”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1980 Econoline”. entitled “’82 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “The Captain’s Club Wagon”; published circa 1979. entitled “’82 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Courier—1980 Con?dential PrevieW”. entitled “’82 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Courier”. entitled “Ford 3000 1—Tonner”; published circa 1981. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 F—Series”. entitled “Ford 2400 Diesel 1—Tonner”; published circa 1981. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Bronco”. entitled “’82 Ford F—Series Pickups”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Econoline”. entitled “’82 Ford Econoline Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1980 Ford Bronco”. entitled “1983 Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1980 Club Wagon”. entitled “Arnerica’s Truck”; published circa 1982. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford A—Serie”; published circa 1980. entitled “1983 F—Series”.
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Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1983 Bronco”. entitled “1985 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1983 Econoline Van/Club Wagon”. entitled “1985 Ford RV & Trailering Guide”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Bronco”. entitled “1985 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Trucks”. entitled “1985 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford 4—Wheelers”. entitled “1985 Ford Econoline Van”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1983 Ford Recreation Vehicles”. entitled “1985 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Chassis Cab”. entitled “1985 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’83 Ford Econoline”. entitled “The Aussie Ute”; published circa 1984. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1600 1—Tonner LWB”; published circa 1982. entitled “1985 Ford Chassis—Cab”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Show Your Stripes—Create Bronco II Excite entitled “1985 F—Series Explorer Package ‘A’”. ment”; published circa 1982. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Ford Ranger”. entitled “’83 Ford F—Series Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Bantam”; published circa 1984. entitled “’83 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1985 Concept Aerostar”. entitled “’83 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1—Tonner”; published circa 1984. entitled “’83 Ford Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1—Tonner 1600”; published circa 1984. entitled “Ford Bronco II—It’s A Brand NeW KickH”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “F—Series Pickup”; published circa 1984. entitled “Accessories for Ford Light Trucks & Vans”; pub Ford Motor Company; excerpts from product brochure lished circa 1983. entitled “1985 Ford Wagons”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Wagons”. entitled “1986 Ford Aerostar Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Aerostar Wars”; published circa 1983. entitled “Ford Aerostar Wagon”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Concept Aerostar”; published circa 1983. entitled “Ford Club Wagon”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “’84 Ford Trucks”. entitled “Ford Bronco”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Econoline Van”. entitled “Ford Econoline”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Club Wagon”. entitled “Der Transit”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Introducing the all neW trim—siZe 1984 Ford entitled “Der Econovan”; published circa 1985. Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1986 Ford Bronco”. entitled “1984 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford F—Series”; published circa 1985. entitled “1984 Ford Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Light Trucks & Vans Accessories ’86”. entitled “1984 Ford F—Series Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Today’s CroWd Pleasers—Spectron, Spectron entitled “1984 Ford Bronco”. Spacer, Spectron 4WD”; published circa 1985. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Chassis—Ca ”. entitled “1986 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Ford Trucks”. entitled “1986 Ford Econoline”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1984 Explorer Program”. entitled “Transportation Concept for the 80’s and Beyond”.
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Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1986 Ford Series”. entitled “1988 Ford Chassis—Cab”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1986 Ford Bronco II”. entitled “Ford Taurus Wagon, Ford Bronco 4x4”; published Ford Motor Company; excerpts from product brochure circa 1987. entitled “1986 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Aerostar Van”. entitled “1986 Ford Chassis—Cab”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Aerostar Wagon”. entitled “1986 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford F—Series Pickup”. entitled “1986 Aerostar”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ranger”; published circa 1987. entitled “1986 Aerostar Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Trucks”. entitled “1986 Ford Ranger”. UnknoWn Author; excerpts from neWspaper section entitled Ford Motor Company; excerpts from product brochure “Auto Focus”; illustrating 1988 Ford F—series truck. entitled “1986 Ford Trucks”. Jan A. Zverina of United Press International.; excerpts from Ford Motor Company; excerpts from product brochure neWspaper illustrating 1989 Ford Bronco II. entitled “1987 Advance Light Truck Facts Book”. Ford Motor Company; excerpts from magaZine advertise Ford Motor Company; excerpts from product brochure ment illustrating 1988 Ford Ranger entitled “Ranger Pickup entitled “1987 Ford Trucks”. Bed Cap”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “New Ford Courier 4WD”; published circa 1986. entitled “Ford Pre—Runner Ranger Packages—Accent Ford Motor Company; excerpts from product brochure Accessories 88”. entitled “The Big Aussie Six”; published circa 1986. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Electrically PoWered F—Series Rear WindoW For entitled “1987 Ford Chassis—Ca ”. Pickups”; published circa 1988. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1987 Ford Bronco”. entitled “F—Series LPO”; published circa 1988. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1987 Ford Econoline”. entitled “1989 Ford Trucks”. Ford Motor Company; excerpts from product brochure entitled “1987 Ford Ranger”. Ford Motor Company; excerpts from product brochure entitled “Ford Light Trucks Accessories 89”. Ford Motor Company; excerpts from product brochure entitled “1987 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Bronco II”. entitled “1987 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Econoline/Club Wagon”. entitled “1987 Ford Aerostar Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Ranger”. entitled “1987 Ford Aerostar Van”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Aerostar”. entitled “1987 Ford F—Series Pickup”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Commericials Oct. 1989”. entitled “1988 Ford Wagons”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Club Wagon”. entitled “New Ford F—Series”; published circa 1987. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford F—Series”. entitled “Maverick Wagon”; published circa 1987. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1989 Ford Ranger”. entitled “Maverick Cab Chassis/Pick—Up”; published circa Ford Motor Company; excerpts from product brochure 1987. entitled “1989 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Ranger”. entitled “1989 Ford Aerostar Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Bronco II”. entitled “1990 F—Series Major Product Changes”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1988 Ford Bronco”. entitled “1990 Econoline/Club Wagon Major Product Ford Motor Company; excerpts from product brochure Changes”. entitled “1988 Ford Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Aerostar Wagon and Van Major Product entitled “1988 Ford Econoline”. Changes”.
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Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ford Recreation Vehicle and Trailer Towing entitled “1992 Ford Club Wagon”. Guide”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Commercial Trucks 1992, Vans”. entitled “Aerostar 4—Wheel Drive”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, Aerostar Wagon”. entitled “Ford Trucks”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, Bronco”. entitled “Ford Club Wagon”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1992 Ford F—Series, Flareside”. entitled “Ford Aerostar Wagon”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1992, Explorer”. entitled “Ford Bronco II”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford Trucks 1992, Ranger”. entitled “1990 Ford F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ford Econolinie and Aerostar Vans”. entitled “Ford 1992, F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ford Bronco”. entitled “Ford ’93 F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ford Ranger”. entitled “Ford ’93 Ford Trucks”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ford Chassis—Cab”. entitled “1993 Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Ranger Major Product Changes”. entitled “Ford ’93 Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Bronco Major Product Changes”. entitled “Ford Commercial Trucks ’93, Pickups & Chassis”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1990 Bronco II Major Product Changes”. entitled “Ford ’93 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Aerostar Major Product Changes”. entitled “1993 Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Ford Ranger”. entitled “1993 F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Econoline/Club Wagon Major Product Changes”. entitled “1993 Econoline/Club Wagon”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1991 Ranger Major Product Changes”. entitled “1993 Aerostar”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “New 1991 Ford Explorer . . . ”. entitled “Utility Light Trucks & Vans Accessories”; pub Ford Motor Company; excerpts from product brochure lished circa 1992. entitled “1991 Ford Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford ’93, Explorer”. entitled “1991 Ford Trucks”. Ford Motor Company; excerpts from product brochure David SedgWick; excerpts from Detroit NeWs article entitled entitled “Roll Along, CreW Cab DRW”; published circa “Explorer puts ford sport utility in driver’s seat”; published 1992. circa 1991. Ford Motor Company; excerpts from product brochure Al Haas of Knight—Ridder NeWspapers; excerpts from entitled “Roll Along, Super Cab SRW”; published circa neWspaper article entitled “Sport—utility vehicles brighten 1992. dark sales year”; published circa 1991. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Roll Along, CreW Cab 4x4”; published circa 1992. entitled “1991 Ford F—Series”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Roll Along, Super Cab DRW”; published circa entitled “Commercials—1992 Edition TWo”. 1992. James V. Higgins; excerpts from Detroit NeWs article Ford Motor Company; excerpts from product brochure entitled “Ford’s neW Flareside pickups near—perfect entitled “Roll Along, Bronco”; published circa 1992. F—series addition”; published circa 1992. Ford Motor Company; excerpts from product brochure Paul Lienert; excerpts from neWspaper article entitled “Club entitled “Roll Along, Super Cab 4x4”; published circa 1992. Wagon sets the standard”; published circa 1992. James V. Higgins; excerpts from Detroit NeWs article Paul Eisenstein; excerpts from Detroit NeWs article entitled entitled “1993 Ranger redesign makes a ?rst—class pickup “Ford to boost production on hot Explorers”; published circa better”; published Jan. 20, 1993. 1992. Russ DeVault of Atlanta Journal Constitution; excerpts from Ford Motor Company; excerpts from product brochure Detroit Free Press article entitled “Sporty components give entitled “1992 Ford Trucks”. the Lightning ?exibility”; published Mar. 4, 1993.
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UnkoWn Author; excerpts from newspaper article illustrat Ford Motor Company; excerpts from product brochure ing a Ford Ranger XLT SuperCab 4x4; article entitled “Ford entitled “F—Series Ninety Nine”. Ranger is unchallenged . . . ”; published Feb. 25, 1993. Ford Motor Company; excerpts from product brochure James V. Higgins; excerpts from Detroit NeWs article entitled “Harley—Davidson F—150”; published circa 1998. entitled “It’s thumbs up for Lightning, but doWn for Mus Ford Motor Company; excerpts from product brochure tang Cobra”; published May 12, 1993. entitled “Customized Ford F—150 SuperCreW”; published Ford Motor Company; excerpts from product brochure circa 1998. entitled “F—Series”; published circa 1989. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “2001 Escape”. entitled “1990 Ford Bronco II”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Excursion”; published circa 1999. entitled “Ford 1992 Bronco”. Tony SWan; excerpts from neWspaper illustrating 2000 Ford Ford Motor Company; excerpts from product brochure Excursion; published Aug. 5, 1999. entitled “Ford Trucks 1992 Ranger”. Anita and Paul Lienert; excerpts from neWspaper illustrating Ford Motor Company; excerpts from product brochure 2000 Ford Excursion. entitled “Ford 1992 Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Expedition”; published circa 1999. entitled “1992 Ford F—Series Flareside”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “2000 Ford Expedition XLT, XLT With Premium entitled “Ford 1992 F—Series”. Sport Appearance Group, Eddie Bauer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford ’93, F—Series”. entitled “Explorer 4 Door”; published circa 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1994 F—Series”. entitled “Explorer Sport”; published circa 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1994 Pickups & Chassis”. entitled “2000—01 Explorer Sport”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1994 Explorer”. entitled “Ford, 2000 (Explorer), Sport”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford 1994 Ranger”. entitled “Ford, 2000 (Explorer), XLS, XLS Sport, XLT, XLT Ford Motor Company; excerpts from product brochure Sport, Eddie Bauer, Limited”. entitled “1994 Ford F—150 Lightning”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “2001 Explorer Sport Trac”. entitled “F—Series Pickup”; published circa 1993. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ranger”; published circa 1999. entitled “1995 Ford Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “2001 SuperCreW”. entitled “1995 Ford Bronco”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Super Duty F—Series”; published circa 1999. entitled “1995 Ford Explorer”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “F—Series, 1000 F—150 Series”; published circa entitled “1996 Ford F—Series”. 1999. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “1997 F—Series”. entitled “Super Duty, 200 F—250/350 F—Series Pickups”; Ford Motor Company; excerpts from product brochure published circa 1999. entitled “The All—NeW 1997 Ford F—150”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Windstar”; published circa 1999. entitled “1997 F—150 Accessories”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford, 2000 Windstar”. entitled “1997 Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Ford, 2000 (Commercial Vehicles)”. entitled “The Nineteen Hundred and Ninety Eight Ranger”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “The Great Escape”; published circa 2000. entitled “The Nineteen Hundred and Ninety Eight Ford Motor Company; excerpts from product brochure Explorer”. entitled “2001 FordSVT F—150 Lightning”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “The Nineteen hundred and Ninety Eight Expedi entitled “Over The Edge Ranger”; published circa 2000. tion”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Excursion Sightseer”; published circa 2000. entitled “Expedition Ninety Nine”. Ford Motor Company; excerpts from product brochure Ford Motor Company; excerpts from product brochure entitled “Out Here, There Are No Boundaries”; published entitled “Ranger Ninety Nine”. circa 2001. Ford Motor Company; excerpts from product brochure Toyota Motor Corporation; excerpts from product brochure entitled “Explorer Ninety Nine”. entitled “Toyota 1996 4Runner”.
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Toyota Motor Corporation; excerpts from product brochure The Dodge Corporation; excerpts from product brochure entitled “Toyota 1997 T100”. entitled “2001 Durango”. Toyota Motor Corporation; excerpts from product brochure The Dodge Corporation; excerpts from product brochure entitled “Toyota Tacoma”. entitled “2001 Ram”. Mark Williams; excerpts from Four Wheeler magazine The Dodge Corporation; excerpts from product brochure article entitled “Three pickups battle terrain—and each entitled “Ram 1500 2002”. other—for the golden prize”; published circa 1997. The Dodge Corporation; excerpts from product brochure Toyota Motor Corporation; excerpts from product brochure entitled “Ram 2500/3500 2002”. entitled “Toyota Tundra”; published circa 1998. Chevrolet; excerpts from product brochure entitled “Subur Toyota Motor Corporation; excerpts from product brochure ban”; published circa 2001. entitled “1998 Toyota RAV4”. Chevrolet; excerpts from product brochure entitled “2002”. Toyota Motor Corporation; excerpts from product brochure Chevrolet; excerpts from product brochure entitled entitled “1999 4Runner”. “Blazer”; published circa 2001. Toyota Motor Corporation; excerpts from product brochure Chevrolet; excerpts from product brochure entitled “Tahoe”; entitled “1999 Land Cruiser”. published circa 2001. Toyota Motor Corporation; excerpts from product brochure Chevrolet; excerpts from product brochure entitled “Sil entitled “2002 Tacoma”. verado”; published circa 2001. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “Com chure entitled “2000 Shopper’s Guide”. mercial Vehicles”; published circa 2001. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “S10”; chure entitled “Professional Grade Sierra”; published circa published circa 2001. 1999. Chevrolet; excerpts from product brochure entitled “Com General Motors Corporation; excerpts from product bro mercial Trucks”; published circa 2001. chure entitled “GMC Product Guide”; published circa 1999. Chevrolet; excerpts from product brochure entitled General Motors Corporation; excerpts from product bro “Tracker”; published circa 2001. chure entitled “Introducing The Sierra Sport Special Edi tion”; published circa 2000. Chevrolet; excerpts from product brochure entitled “Trail General Motors Corporation; excerpts from product bro Blazer EXT”; published circa 2001. chure entitled “Safari, Quick Facts”; published circa 2000. Chevrolet; excerpts from product brochure entitled “Trail General Motors Corporation; excerpts from product bro Blazer”; published circa 2001. chure entitled “Jimmy, Quick Facts”; published circa 2000. Chevrolet; excerpts from product brochure entitled “Ava General Motors Corporation; excerpts from product bro lanche”; published circa 2001. chure entitled “Yukon Denali, Quick Facts”; published circa Chevrolet; excerpts from product brochure entitled “2004 2000. Colorado”. General Motors Corporation; excerpts from product bro Chevrolet; excerpts from product brochure entitled “2005 chure entitled “Sonoma, Quick Facts”; published circa 2000. Equinox”. General Motors Corporation; excerpts from product bro Mazda Motor Corporation; excerpts from product brochure chure entitled “Yukon, Quick Facts”; published circa 2000. entitled “IN H 4x2”; published circa 1998. General Motors Corporation; excerpts from product bro Anita and Paul Lienert; excerpts from neWspaper article chure entitled “Sierra Heavy Duty, Quick Facts”; published entitled “TWo extra doors increase utility of Mazda B circa 2000. series”; published Oct. 7, 1998. General Motors Corporation; excerpts from product bro Mazda Motor Corporation; excerpts from product brochure chure entitled “Sierra Light Duty, Quick Facts”; published entitled “B—Series Trucks”; published circa 1998. circa 2000. Mazda Motor Corporation; excerpts from product brochure General Motors Corporation; excerpts from product bro entitled “Mazda B—Series Truck”; published circa 1997. chure entitled “2002 Envoy”. Dan Lienert; excerpts from neWspaper article entitled “All— General Motors Corporation; excerpts from product bro neW Mazda truck on outside houses pure Ranger on the chure entitled “2002 Yukon/Yukon Denali”. inside”; published Aug. 6, 1997. General Motors Corporation; excerpts from product bro Mazda Motor Corporation; excerpts from product brochure chure entitled “2002 Sierra”. entitled “1998 Mazda B4000 4><4 SE Cab Plus”. The Dodge Corporation; excerpts from product brochure Mazda Motor Corporation; excerpts from product brochure entitled “Sport Utility De?ned”; published circa 1997. entitled “The B—Series Trucks By Mazda”; published circa The Dodge Corporation; excerpts from product brochure 1997. entitled “More poWer. More torque. More toWing. More Rachel Konrad of Free Press Automotive Writer; excerpts Payload. More room.”; published circa 1997. from Detroit Free Press article entitled “Nissan steers neW The Dodge Corporation; excerpts from product brochure vehicles toWard turn—around”; published Dec. 31, 1998. entitled “1998 Dakota, The NeW Dodge”. Tony SWan; excerpt from neWspaper article entitled “Fron The Dodge Corporation; excerpts from product brochure tier CreW Cab shoWs that Nissan still has good ideas”; entitled “1998 Ram Pickup, The NeW Dodge”. published Apr. 29, 1999. The Dodge Corporation; excerpts from product brochure Paul Lienert; excerpt from The Detroit NeWs article entitled entitled “Different to the Maxx”; published circa 1999. “Nissan peers into the future”; published Aug. 5, 1998. The Dodge Corporation; excerpts from product brochure Nissan Motor Company; excerpts from product brochure entitled “1998 Durango, The NeW Dodge”. entitled “1999 Nissan Frontier”.
Case 3:17-cv-03201-N Document 79-4 Filed 11/17/16 Page 9 of 11 PageID 4053
US D493,753 s Page 8
Nissan Motor Company; excerpts from product brochure Nissan Motor Company; excerpts from product brochure entitled “Nissan Cars & Trucks 1998”. entitled “2000 Frontier”. Nissan Motor Company; excerpts from product brochure entitled “Nissan Frontier 1998”. * cited by eXarniner
Case 3:17-cv-03201-N Document 79-4 Filed 11/17/16 Page 10 of 11 PageID 4054 U.S. Patent Aug. 3, 2004 Sheet 1 of2 US D493,753 S
FIG. ]_
Case 3:17-cv-03201-N Document 79-4 Filed 11/17/16 Page 11 of 11 PageID 4055 U.S. Patent Aug. 3, 2004 Sheet 2 of2 US D493,753 S
FIGS
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 1 of 10 PageID 4056
EXHIBIT D
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 2 of 10 PageID 4057
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 3 of 10 PageID 4058
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 4 of 10 PageID 4059
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 5 of 10 PageID 4060
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 6 of 10 PageID 4061
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 7 of 10 PageID 4062
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 8 of 10 PageID 4063
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 9 of 10 PageID 4064
Case 3:17-cv-03201-N Document 79-5 Filed 11/17/16 Page 10 of 10 PageID 4065
Case 3:17-cv-03201-N Document 79-6 Filed 11/17/16 Page 1 of 4 PageID 4066
EXHIBIT E
Case 3:17-cv-03201-N Document 79-6 Filed 11/17/16 Page 2 of 4 PageID 4067
Case 3:17-cv-03201-N Document 79-6 Filed 11/17/16 Page 3 of 4 PageID 4068
Case 3:17-cv-03201-N Document 79-6 Filed 11/17/16 Page 4 of 4 PageID 4069
Case 3:17-cv-03201-N Document 79-7 Filed 11/17/16 Page 1 of 4 PageID 4070
EXHIBIT F
Case 3:17-cv-03201-N Document 79-7 Filed 11/17/16 Page 2 of 4 PageID 4071
Case 3:17-cv-03201-N Document 79-7 Filed 11/17/16 Page 3 of 4 PageID 4072
Case 3:17-cv-03201-N Document 79-7 Filed 11/17/16 Page 4 of 4 PageID 4073
Case 3:17-cv-03201-N Document 79-8 Filed 11/17/16 Page 1 of 4 PageID 4074
EXHIBIT G
Case 3:17-cv-03201-N Document 79-8 Filed 11/17/16 Page 2 of 4 PageID 4075
Case 3:17-cv-03201-N Document 79-8 Filed 11/17/16 Page 3 of 4 PageID 4076
Case 3:17-cv-03201-N Document 79-8 Filed 11/17/16 Page 4 of 4 PageID 4077
Case 3:17-cv-03201-N Document 79-9 Filed 11/17/16 Page 1 of 4 PageID 4078
EXHIBIT H
Case 3:17-cv-03201-N Document 79-9 Filed 11/17/16 Page 2 of 4 PageID 4079
Case 3:17-cv-03201-N Document 79-9 Filed 11/17/16 Page 3 of 4 PageID 4080
Case 3:17-cv-03201-N Document 79-9 Filed 11/17/16 Page 4 of 4 PageID 4081
Case 3:17-cv-03201-N Document 79-10 Filed 11/17/16 Page 1 of 4 PageID 4082
EXHIBIT I
Case 3:17-cv-03201-N Document 79-10 Filed 11/17/16 Page 2 of 4 PageID 4083
Case 3:17-cv-03201-N Document 79-10 Filed 11/17/16 Page 3 of 4 PageID 4084
Case 3:17-cv-03201-N Document 79-10 Filed 11/17/16 Page 4 of 4 PageID 4085
Case 3:17-cv-03201-N Document 79-11 Filed 11/17/16 Page 1 of 4 PageID 4086
EXHIBIT J
Case 3:17-cv-03201-N Document 79-11 Filed 11/17/16 Page 2 of 4 PageID 4087
Case 3:17-cv-03201-N Document 79-11 Filed 11/17/16 Page 3 of 4 PageID 4088
Case 3:17-cv-03201-N Document 79-11 Filed 11/17/16 Page 4 of 4 PageID 4089
Case 3:17-cv-03201-N Document 79-12 Filed 11/17/16 Page 1 of 4 PageID 4090
EXHIBIT K
Case 3:17-cv-03201-N Document 79-12 Filed 11/17/16 Page 2 of 4 PageID 4091
Case 3:17-cv-03201-N Document 79-12 Filed 11/17/16 Page 3 of 4 PageID 4092
Case 3:17-cv-03201-N Document 79-12 Filed 11/17/16 Page 4 of 4 PageID 4093
Case 3:17-cv-03201-N Document 79-13 Filed 11/17/16 Page 1 of 4 PageID 4094
EXHIBIT L
Case 3:17-cv-03201-N Document 79-13 Filed 11/17/16 Page 2 of 4 PageID 4095
Case 3:17-cv-03201-N Document 79-13 Filed 11/17/16 Page 3 of 4 PageID 4096
Case 3:17-cv-03201-N Document 79-13 Filed 11/17/16 Page 4 of 4 PageID 4097
Case 3:17-cv-03201-N Document 79-14 Filed 11/17/16 Page 1 of 5 PageID 4098
EXHIBIT M
Case 3:17-cv-03201-N Document 79-14 Filed 11/17/16 Page 2 of 5 PageID 4099
Case 3:17-cv-03201-N Document 79-14 Filed 11/17/16 Page 3 of 5 PageID 4100
Case 3:17-cv-03201-N Document 79-14 Filed 11/17/16 Page 4 of 5 PageID 4101
Case 3:17-cv-03201-N Document 79-14 Filed 11/17/16 Page 5 of 5 PageID 4102
Case 3:17-cv-03201-N Document 79-15 Filed 11/17/16 Page 1 of 6 PageID 4103
EXHIBIT N
Case 3:17-cv-03201-N Document 79-15 Filed 11/17/16 Page 2 of 6 PageID 4104
UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.
In the Matter of Inv. No. 337-TA-557 CERTAIN AUTOMOTIVE PARTS
GENERAL EXCLUSION ORDER
TheCommission has determinedthat there is a violation of section 337 of the Tariff Act of 1930
(19 U.S.C.§ 1337)m the unlawfulimportation and sale of certain automotiveparts that infringe the following design patents:
1. D496,890("the ’890 patent") coveringa vehicle grille;
2. D493,552("the ’552 patent’) covering a vehicle head lamp;
3. D503,135("the" 135 patent") covennga bumperlower valance;
4. D497,579("the ’579 patent") covennga bumperlower valance;
5 D496,615("the ’615 patent") covering a vehicle side viewmirror;
6. D502,561(’the ’561 patent’) coveringa vehicle tail lamp;and
7. D492,044("the ’044 patent") covennga vehicle tail lamp.
Havingreviewed the record in this investigation, including the written submissionsof the parties, the Commissionhas madeits determinationon the issues of remedy,the public interest, and bonding.
TheCommission has determinedthat a general exclusion l~omentry for consumptionis necessary to prevent circumventionof an exclusion order limited to products of namedpersons and becausethere is a pattern of violation of section 337. Accordingly,the Commissionhas determinedto issue a general exclusionorder prohibiting the unlicensedimportation of infringing automotiveparts.
TheCommission has further determinedthat the public interest factors enumeratedin 19 U.S.C.
§ 1337(d)do not preclude issuance of the general exclusion order, and that the bondduring the
Presidential reviewperiod shall be in the amountof 100 percent of the entered value of the articles in
Case 3:17-cv-03201-N Document 79-15 Filed 11/17/16 Page 3 of 6 PageID 4105
question.
Accordingly, the Commissionhereby ORDERSthat:
1. Motorvehicle grilles coveredby the ’890 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 underlicense of the patent owneror as
provided by law.
2. Vehiclehead lampscovered by the ’552 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 underlicense of the patent owneror as
provided by law.
3. Lowerbumper valances covered by the’ 135 patent are excluded from 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.
4. Lowerbumper valances covered by the ’579 patent are excluded from 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 covered by 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 lampscovered by the ’561 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
Case 3:17-cv-03201-N Document 79-15 Filed 11/17/16 Page 4 of 6 PageID 4106
provided by law.
7. Vehicle tail lampscovered by the ’044 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.
8. Notwithstandingparagraphs 1 through7 of this Order, the aforesaid automotiveparts are entitled to entry into the United States for consumption,entry for consumptionfrom a foreign trade zone, or withdrawalfrom a warehousefor consumption,under bond in 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 United States TradeRepresentative
delegatedby the President, 70 Fed. Reg. 43251(July 21, 2005), until such time as the United States
Trade Representativenotifies the Commissionthat 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 importautomotive parts that are potentially subject to this Ordermay be
required to certify that theyare familiar with the terms of this Order, that they have madeappropriate
inquiry, and thereuponstate that, to the best of their knowledgeand belief, the products being imported
are not excluded fromentry 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 United States, or importedfor, and to be used
for, the UnitedStates with the authorization or consent of the Government.
11. The Commissionmay modifythis Order in accordance with the procedures described in
section 210.76 of the Commission’sRules of Practice and Procedure(19 C.F.R. § 210.76).
Case 3:17-cv-03201-N Document 79-15 Filed 11/17/16 Page 5 of 6 PageID 4107
12. TheSecretary shall serve copies of this Orderupon each party of record in this investigation and upon the Departmentof Health and HumanServices, the Departmentof Justice, the Federal Trade
Commission,and the Bureau of Customsand Border Protection.
13. Notice of this Ordershall be publishedin the FederalRegister.
By Order of the Commission.
Secretary
Issued: June 6, 2007
Case 3:17-cv-03201-N Document 79-15 Filed 11/17/16 Page 6 of 6 PageID 4108
CERTAIN AUTOMOTIVE PARTS 337-TA-557
CERTIFICATE OF SERVICE
I, MarilynR. Abbott, herebycertify that the attached Notice of Final Determinationhas been served by hand upon the CommissionInvestigative Attorney, Juan Cockbum,Esq., andthe following parties as indicated, on June 6,2007 .
al*ilyn RVAbbott,Secretary U.S. International Trade Commission 500 E Street, SW Washington, DC 20436
ON BEHALF OF COMPLAINANT FORD GLOBAL TECHNOLOGIES:
EmieL. Brooks, Esq. ( ) Via HandDelivery Frank A. Angileri, Esq. ( ) Via Overnight Mail Sangeeta, G. Shah, Esq. ( ) Via First Class Mail BROOKS KUSHMANP.C. ( ) Other: 1000 TownCenter Twenty-SecondFloor Southfield, Michigan48075 P-248-358-4400 F-248-358-3351
V. JamesAdduci II, Esq. ( ) Via HandDelivery ADDUCI, MASTRIANI & SCHAUMBERG ( ) Via Overnight Mail 1200 17th Street, NW ( ) Via First Class Mail Washington, DC 20036 ( ) Other: P-202-467-6300 F-202-466-2006
Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 1 of 21 PageID 4109
EXHIBIT O
Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 2 of 21 PageID 4110
Ford Global Technologies, LLC 330 Town Center Drive [email protected] Suite 800 South p313.845.51 01 Dearborn, Michigan 48126-2762 f313.322.7162 September 28, 2011
PeterTsai New World International 4025 Northview Drive Jackson, MS 39206
601-321-1933
Re: Ford Record 83208930 Cease and Desist New World International
Dear Mr. Tsai,
I oversee enforcement of Ford's patent portfolio. We have successfully enforced our patents before the United States International Trade Commission. Our investigations have uncovered that your company is selling components for Ford vehicles that may infringe one or more of Ford's US patents. Attachment A of this letter are receipts of articles purchased from your company. These items are protected by Ford patents. Attachment B of this letter is a list of patented parts. I have included both the Ford and Aftermarket Part Numbers to assist you in indentifying the infringing products.
Ford has granted LKQ Corporation the exclusive right to import and sell aftermarket products covered by the patents in Attachment B. LKQ has informed Ford that neither they, nor their distributors, have provided authorized products to New World International. The parts are not labeled as "refurbished", "salvaged" or otherwise authorized parts. Authorized parts should have a red sticker saying "Non-Original Equipment Aftermarket". Therefore, we ask that you immediately cease and desist from offering for sale, selling or importing products that infringe the patents in Attachment B. 1 We also ask that you confirm in writing, no later that October 10 h, 2011, which products you have removed from your inventory or other sales or marking literature. Our search of the Mississippi Secretary of State records did not list any company doing business under the New World International name so I could not directly communicate with your legal representative or registered agent. I would be happy to speak with your counsel if they have any questions.
Damian Porcari, Esq. Director, Enforcement and Licensing
Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 3 of 21 PageID 4111
Attachment A Mustang Fenders
-'lin WORLD INTERNAnONAL ta 4025 NOATHVIEW DRIVE . JACKSON, MS 392•l$ (801) 321-1933 • FAX (601'1 321·1937 TOLL FREE (866) ~0303
Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 4 of 21 PageID 4112
F-150 Hood INVOICE
.•.. WliARiNar"UI'CIN$&!! 1'01'1 baJiiWS ~ DoWAGii4 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 5 of 21 PageID 4113 Ford Design Patents 9/28/2011 'Granted -- ,Grante<:r 1 ;Granted -rl=o2aoo185 ·· --- ··::Grant~-- lfo~acff1as-- ·Granted i Granted·~·_...... ) : • ' oVoo»»oo»oU~oUoUooo««•{•••» »» !0497338 Granted i ·---~·-:o5o31-3s·------:Granted IF61o931o5 :0503135 -_]§ra~~s!~.J~6ib952o§_ · ·]o~Q3T~5 'Granted 'F01095206C .0503135 'Gi-anied FcHoes2osv ;o497579 v'""'~~Granted ,F"6'1693164~ '!549i579'' ·GranieC:t -woTo93 fo4c '--Granted------~~------IF01095205-- - ~~=~~~~~------~--;;~~~~ ~~~-~·~~-~;~~~,!;~,g :·.r::~:r;~~:---- ______,¢1anted 1F_()~-®~?g~_¢:_ __ 01 :Granted 'F()19~!)205V -Granted Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 6 of 21 PageID 4114 Ford Design Patents 2 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 7 of 21 PageID 4115 Ford Design Patents 3 9/28/2011 G 81045955 2664F-156. !ho459s1l20M ··F==1so l=ord B1o4596i20o4 F-156i=ord 'AU >~u•,=•UN=NhoUN~ '· 8 ~ Q4 7_~ §~J~qq~~~~fl~~J!i~J=5>rd 0511772004 F-150 Ford . EXTERIOR OF VEH 06-Jul-041 BUMPER !Granted ····------·-----lEXTERf6R6FVEHICLE.. FR-5NT ...... +· ..••.... +.Q~92_~?.!.. ;Q_?:I?E:!£:9?[ 06-Jui-04IBUMPER ____ <:3.!Ci~t~~- JfQ.~QQQ!).§!C::: · ------~-~EXTERI5R~6FVEFiiCLE.FRCfNT i 06-Jui-04!BUMPER •Granted :F01000561PP ...•...TEXTERIOR 6F.VEHICLE.FRONT ...... -~------l. 06-Jui-04IBUMPER ..... 'Gra.n~~s!. 'F01000561V ...... ··········~ iEXTE~RIOR OFVEHICLEFR6NT .0492627 · 02-Dec-oi 06-Jul-04; BUMPER . TEXTERfbR OF VEHICLEFFH)Nf .... 0492627 02-0ec-02 . BUMPER 'Granted •F01000562C EXTERI6FfOF \lEHIClE FRONT. 81072039!2004 F-150 Ford 0492627 02-0ec-021 uu-..ou•··u-.,BUMPER Granted .... ··I·. . EXTERiOR 5i=vEFifcLEi=R5Nf. 81072039;2004 F-150 Ford 0492627 02-0ec-02' BUMPER 0492627 :F01000584 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 8 of 21 PageID 4116 Ford Design Patents 4 9/28/2011 0492627 F-150 Ford 0492627 0492627 F01102352 F011 02352PP 0501809 F01102353 0501809 F01102353PP 0501809 F01102354 0501809 F01102354PP 0501809 F01102355 ------~-----~--~ Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 9 of 21 PageID 4117 Ford Design Patents 5 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 10 of 21 PageID 4118 Ford Design Patents 6 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 11 of 21 PageID 4119 Ford Design Patents 7 9/28/2011 crownviC1oria ForCi"~" Crown Victoria Ford -;;.-+2'""'o'"'o'6,_~, Jiifi>Unfain-eer:Me-rcli"~ Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 12 of 21 PageID 4120 Ford Design Patents 8 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 13 of 21 PageID 4121 Ford Design Patents 9 9/28/2011 F'616ob613 F62562231 o25oi231c~~~ F'o25o22~3Tv ~~ F02503231 ~· . i=o25o32:Hc Ford .... ~::.z:~;·~~·=~~fJ:~~~~~~~~~·~~b~~.'::'.""~~o~...... ·· ···· ····· · ·~r:antecf ·c..~·~···· t=or:a~· · · · · !Giinteid ·· .·~c:·~,~~ .cT·~·cc c Lv--ruu:Lu\Jo Escape Ford ···'Granted ····~············· ...... Escape.'Far<:r ~ ··· ···~ ~Granted· 4 2668 E.scape.F'6rd~ rGranted rFo·2502229· ~~ -~ 1 .8::.1~'·1;;2=·.6::.5=·7 4T2o58 ·Escapefara·~· ~-~·~····· :<3rantecr·tr=o2503229. 81.!?6~~9[?ool!~e~~hi.on £c:>E.d. ·· · !Granted rr=o1ooo63o 81126630!2007 Expedition Ford · ·· ~ ··:Granted ··tFo1ooo631. · I2§7§2;~C>Q:~.~uper buJY£.rct ·· Granted ·:'Fo12oo459··· ~.1.1??.?~?2Q08 §LjE~.r::.Duty For~. ·: G·rantea ·· rr=o1~2~oo4a2 811.26762i?Q08 s.uP.~r [)LjtyFgr~ ···;Granted Tt=o12oo497. · 81126762:2008 Super Duty Ford ...... I~!anie4 . :F'cH2oo499 · .• ~1J?~?~?i?99~··~~llfierJ:>IJ!Y:.~<:>r Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 14 of 21 PageID 4122 Ford Design Patents 10 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 15 of 21 PageID 4123 Ford Design Patents 11 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 16 of 21 PageID 4124 Ford Design Patents 12 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 17 of 21 PageID 4125 Ford Design Patents 13 9/28/2011 ------ Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 18 of 21 PageID 4126 Ford Design Patents 14 9/28/2011 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 19 of 21 PageID 4127 Ford Design Patents 15 9/28/2011 ' 18-Dec-08! , 18-Dec~cfa: '" •• ••••«••• ~-···"~--~~~---- -· '<«··~ 18-Dec-081 ,, , ''12:Jan-o9t, .. ·-~ ~""~" =,-~. ~-~~-~ , 10-Mar-091 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 20 of 21 PageID 4128 Ford Design Patents 16 9/28/2011 Page 2 of2 Case 3:17-cv-03201-N Document 79-16 Filed 11/17/16 Page 21 of 21 PageID 4129 Shipment Receipt fecEx Address Information Ship to: Ship from: Mr. Peter Tsai Damian Porcari New World International Ford Global Technologies, LLC 4025 NORTHVIEW DR 330 Town Center Drive Suite 800 JACKSON, MS Dearborn, MI 39206-5208 48126 us us 601-321-1933 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.: Thank you for shipping online with Fedex ShipManager at fedex.com. 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 Case 3:17-cv-03201-N Document 79-17 Filed 11/17/16 Page 1 of 2 PageID 4130 EXHIBIT P Case 3:17-cv-03201-N Document 79-17 Filed 11/17/16 Page 2 of 2 PageID 4131 Ford Global Technologies, LLC 330 Town Center Drive [email protected] Suite 800 South p313.845.5101 Dearborn, Michigan 48126-2762 f313.322.7162 May 13, 2013 Peter Tsai New World International 1720 E State Highway 356 Irving, Texas 75060 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 17 th , 2013. Sincerely, Damian Porcari, Esq. Director, Enforcement and Licensing Cc: Peter Tsai 201 West Hill Hewitt, TX 76643 Case 3:17-cv-03201-N Document 79-18 Filed 11/17/16 Page 1 of 2 PageID 4132 EXHIBIT Q Case 3:17-cv-03201-N Document 79-18 Filed 11/17/16 Page 2 of 2 PageID 4133 Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 1 of 71 PageID 4134 EXHIBIT R Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 2 of 71 PageID 4135 ✙ ✚ ✛ ✙ ✜ ✢ ✢ ✢ ✢ ✢ ✯ ✢ ✣ Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 3 of 71 PageID 4136 ✙ ✚ ✛ ✙ ✜ ✢ ✢ ✢ ✢ ✢ ✯ ✢ ✯ Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 4 of 71 PageID 4137 ☎ ☎ ☎ ☎ ☎ ✆ ✝ ✝ ✁ ✂ ✄ Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 5 of 71 PageID 4138 ✞ ✟ ✠ ✞ ✡ ☛ ☛ ☛ ☛ ☛ ☞ ✌ ✍ Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 6 of 71 PageID 4139 ✎ ✏ ✑ ✎ ✒ ✓ ✓ ✓ ✓ ✓ ✔ ✕ ✖ Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 7 of 71 PageID 4140 ✎ ✏ ✑ ✎ ✒ ✓ ✓ ✓ ✓ ✓ ✔ ✕ ✗ Case 3:17-cv-03201-N Document 79-19 Filed 11/17/16 Page 8 of 71 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Brooks 1942-2007 Brooks Kushman P.C. 1000 Town Center, Twenty-Second Floor Southfield, Michigan 48075-1238 USA Tel (248) 358-Ɣ)D[ -3351 www.brookskushman.com November 13, 2013 Via Overnight Courier and Email: [email protected] 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\ )RUG¶V design patents ZLWKRXW )RUG¶V DXWKRUL]DWLRQ 2XU FOLHQW¶VSDWLHQFHKDVZRUQWKLQ 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 Case 3:17-cv-03201-N Document 79-21 Filed 11/17/16 Page 3 of 5 PageID 4209 Patent Vehicle Part AutoBodyCarParts.com D494517 2003 Side http://autobodycarparts.com/ford-truck-expedition-2003-2004-right-rh- Expedition View passenger-side-mirror-outside-rear-view-power--heated--w-signal-indicator-- w-puddle-lamp-26519 Ford Mirror D493755 2003 Side http://autobodycarparts.com/mercury-grand-marquis-2003-2008-right-rh- Grand View passenger-side-mirror-outside-rear-view-non-heated-power-remote-24426 http://autobodycarparts.com/mercury-grand-marquis-2003-2008-left-lh-driver- Marquis Mirror side-mirror-outside-rear-view-non-heated-power-remote-24430 Mercury http://autobodycarparts.com/mercury-grand-marquis-2003-2008-right-rh- passenger-side-mirror-outside-rear-view-heated-power-remote-24418 D496611 2003 Vehicle http://autobodycarparts.com/mercury-grand-marquis-1998-2011-hood-panel- Grand Hood assy-steel-13358 Marquis Mercury D493393 2003 Left http://autobodycarparts.com/mercury-grand-marquis-2003-2011-left-lh-driver- Grand Front side-front-fender-assy-13326 Marquis Fender Mercury D489656 2003 Right http://autobodycarparts.com/mercury-grand-marquis-2003-2011-right-rh- Grand Front passenger-side-front-fender-assy-13324 Marquis Fender Mercury D493752 2003 Rear http://autobodycarparts.com/mercury-grand-marquis-2003-2006-rear-bumper- Grand Bumper cover-marauder--prime-24235 Marquis Mercury D493239 2003 Grand Head http://autobodycarparts.com/mercury-grand-marquis-2005-2005-right-rh- Marquis Lamp passenger-side-headlamp-headlight-assy-composite-2728 http://autobodycarparts.com/mercury-grand-marquis-2005-2005-left-lh-driver- Mercury side-headlamp-headlight-assy-composite-2729 D493552 2004 Head http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2005- F-150 Lamp right-rh-passenger-side-headlamp-headlight-assy-composite-3346 D501685 2004 Head http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2005- F-150 Lamp left-lh-driver-side-headlamp-headlight-assy-composite-3348 D492801 2004 Head 1 F-150 Lamp http://autobodycarparts.com/ford-truck-f-series-heritage-pickup-2001-2004- right-rh-passenger-side-headlamp-headlight-assy-composite-xlt-lariat-xl--w-o- stx--w-o-heritage-edition-3 D493753 2004 Exterior http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2004-2004- F-150 of hood-panel-assy-aluminum--heritage-26272 Vehicle Hood D489299 2004 Exterior http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2004-2004- F-150 of hood-panel-assy-steel--heritage-13810 Vehicle Hood D492044 2004 Tail http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2005- F-150 Lamp right-rh-passenger-side-taillamp-tail-light-assy-flareside-3468 http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2005-2006- left-lh-driver-side-taillamp-tail-light-assy-flareside-3470 D496890 2004 Grille http://autobodycarparts.com/ford-truck-f-series-light-duty-pickup-2004-2004- F-150 grille-assy-xl-xlt-lariat--except-stx--w-honeycomb--black---heritage-26203 http://autobodycarparts.com/ford-truck-f-series-heritage-pickup-1999-2004- grille-assy-w-bright-frame-w-argent--cross-bar-design--except-stx-26204 D569017 2005 Head http://autobodycarparts.com/ford-truck-escape-2004-2004-right-rh-passenger- Ford Lamp side-headlamp-headlight-lens-housing-3074 http://autobodycarparts.com/ford-truck-escape-2004-2004-left-lh-driver-side- Escape headlamp-headlight-lens-housing-3076 ABPA_00000117 Case 3:17-cv-03201-N Document 79-21 Filed 11/17/16 Page 4 of 5 PageID 4210 D535221 2006 Grille http://autobodycarparts.com/ford-truck-explorer-2006-2010-grille-assy-w-xlt- Ford model-w-o-ironman-package--w-limited-model-25269 Explore D525387 2006 Tail http://autobodycarparts.com/2006-2009-ford-truck-explorer-suv-left-taillamp- Ford Light assembly--insurance-higher-quality--40715 http://autobodycarparts.com/2006-2009-ford-truck-explorer-suv-right- Explore Lens taillamp-assembly--insurance-higher-quality--40714 D541708 2006 Vehicle http://autobodycarparts.com/ford-truck-explorer-2006-2010-front-bumper- Ford Bumper cover-xlt--prime-24993 Explore D558102 2006 Grille http://autobodycarparts.com/mercury-mountaineer-2002-2005-grille-assy- Mountaineer bright---silver-25267 http://autobodycarparts.com/mercury-mountaineer-2006-2010-front-bumper- Mercury grille-25256 D541709 2006 Vehicle http://autobodycarparts.com/mercury-mountaineer-2006-2010-front-bumper- Mountaineer Bumper molding-center--w-o-chrome-pkg-25029 Mercury Cover D591214 2006 Vehicle http://autobodycarparts.com/mercury-mountaineer-2006-2010-right-rh- Mountaineer Mirror passenger-side-mirror-outside-rear-view-power--non-heated---p--25642 http://autobodycarparts.com/mercury-mountaineer-2006-2010-left-lh-driver- Mercury side-mirror-outside-rear-view-power--non-heated---p--25647 http://autobodycarparts.com/mercury-mountaineer-2006-2010-left-lh-driver- side-mirror-outside-rear-view-power--heated-25639 http://autobodycarparts.com/mercury-mountaineer-2006-2010-right-rh- passenger-side-mirror-outside-rear-view-power--heated--w-puddlelamp-25636 D539708 2006 Lower http://autobodycarparts.com/ford-fusion-2006-2009-grille-mounting-panel- Ford Grille 13912 Fusion D541711 2007 Lower http://autobodycarparts.com/lincoln-mkx-2007-2010-front-bumper-air-shield- Lincoln Bumper lower-25227 MKX D541712 2007 Lower http://autobodycarparts.com/lincoln-mkz-2007-2009-front-bumper-air-shield- Lincoln Bumper lower-26664 MKX D533816 2007 Upper http://autobodycarparts.com/lincoln-mkx-2007-2010-front-bumper- Lincoln Front reinforcement-25033 MKX Bumper D540720 2007 Grille http://autobodycarparts.com/ford-truck-edge-2007-2010-front-bumper-grille- Ford matte-black-25255 Edge D546736 2007 Upper http://autobodycarparts.com/ford-truck-edge-2007-2010-front-bumper- Ford Front reinforcement-25032 Edge Bumper Cover D532728 2008 Vehicle http://autobodycarparts.com/ford-truck-escape-hybrid-2008-2012-hood-panel- Ford Hood assy-25421 Escape D562201 2008 Fender http://autobodycarparts.com/ford-flex-2009-2012-right-rh-passenger-side- Ford front-fender-inner-panel-39451 http://autobodycarparts.com/ford-flex-2009-2012-left-lh-driver-side-front- Flex fender-inner-panel-39452 D561067 2008 Grille http://autobodycarparts.com/ford-flex-2009-2012-front-bumper-grille-18683 Ford Flex D573068 2008 Front http://autobodycarparts.com/ford-flex-2009-2012-front-bumper-deflector- Ford Bumper 18687 Flex Cover D561070 2008 Rear http://autobodycarparts.com/ford-flex-2009-2012-rear-bumper-reinforcement- ABPA_00000118 Case 3:17-cv-03201-N Document 79-21 Filed 11/17/16 Page 5 of 5 PageID 4211 D561070 2008 Rear http://autobodycarparts.com/ford-flex-2009-2012-rear-bumper-reinforcement- Ford Bumper 27785 Flex Cover D539194 2008 Crown Grille http://autobodycarparts.com/ford-crown-victoria-ltd-1998-2011-grille-assy- Vic base-model-lx-police--black---bright-13341 http://autobodycarparts.com/ford-crown-victoria-ltd-2003-2011-grille-assy- base-model-lx--matte-black-24312 D555556 2008 Focus Fender http://autobodycarparts.com/ford-focus-2008-2011-right-rh-passenger-side- front-fender-inner-panel-24445 http://autobodycarparts.com/ford-focus-2008-2011-left-lh-driver-side-front- fender-inner-panel-24446 D620849 2008 Focus Grille http://autobodycarparts.com/ford-focus-2009-2011-front-bumper-grille-coupe- 24557 D573071 2009 Side http://autobodycarparts.com/lincoln-mkz-2007-2009-left-lh-driver-side-mirror- Lincoln Mirror outside-rear-view-27924 http://autobodycarparts.com/lincoln-mkz-2007-2009-right-rh-passenger-side- MKS mirror-outside-rear-view-27922 D607785 2010 Grille http://autobodycarparts.com/ford-fusion-2010-2011-front-bumper-grille-sport- Ford 26678 Fusion ABPA_00000119 Case 3:17-cv-03201-N Document 79-22 Filed 11/17/16 Page 1 of 2 PageID 4212 EXHIBIT U Case 3:17-cv-03201-N Document 79-22 Filed 11/17/16 Page 2 of 2 PageID 4213 Case 3:17-cv-03201-N Document 79-23 Filed 11/17/16 Page 1 of 2 PageID 4214 EXHIBIT V Case 3:17-cv-03201-N Document 79-23 Filed 11/17/16 Page 2 of 2 PageID 4215