The United States Supreme Court refused to take up a request to revisit the Federal Circuit’s decision regarding design patents covering automotive repair parts. The Supreme Court’s denial to revisit the decision keeps the long-standing principles of functionality with regards to design patents unchanged. The decision stands, however, as a reminder of the importance and usefulness of design patents to protect repair parts in industries that have significant commercial interests in preventing third-parties from copying designs of repair parts.
In this case, the Automotive Body Parts Association (ABPA) filed a declaratory judgment action in the Eastern District of Michigan (case no. 2:15-cv-10137) seeking the invalidation of multiple design patents covering aspects of Ford Motor Company’s popular F-150 pick-up truck. Among the bases for the invalidation, the ABPA argued that Ford’s design patents covering repair parts were “functional” because the parts aesthetically matched the appearance of Ford’s vehicle. The District Court granted summary judgment in Ford’s favor and the ABPA appealed the decision to the Federal Circuit (case no. 18-1613).
On appeal, the Federal Circuit affirmed the decision and in no uncertain terms maintained the principles of design patents, namely, to protect the aesthetic appearance of products that may have functional purposes or functional aspects. The decision of the Federal Circuit, that stands unchanged in light of the Supreme Court’s refusal to revisit the decision, is a reminder of the importance of design patents as an additional tool to prevent the copying of a design owner’s designs. Indeed, design patents can provide significant protections for repair or maintenance parts that often provide continuing commercial value to original equipment manufacturers.