Hey Gang
Got the following news release today. Thought it might be of interest
to some of you -- especially those who might have '05 Mustangs on order.
John (Old Fartz & TLS #37) Lieberman
Preliminary Injunction Motion Filed Against Ford's 2005 Mustang
Los Angeles, CA (PRWEB) January 19, 2005 -- A motion for preliminary
injunction was filed today in the patent infringement case against
Ford's 2005 Mustang currently pending in the U.S. District Court for the
Central District of California as Civil Action No. CV-04-08630 CBM
(SHx). The motion, filed by the patent owner Frank Weyer, seeks an order
from the Court enjoining "Ford, and its officers, agents, servants,
employees, attorneys, and all those in active concert with Ford" from
"making, using, selling, or offering to sell the 2005 model year Mustang
automobiles with the "MyColor" feature.
The "MyColor" feature is an option available on 2005 Mustangs that
allows the driver to change the color of the instrument panel lighting.
Ford calls the "MyColor" feature "the industry's first
driver-configurable instrument panel lighting that lets you choose from
125 colors." According to the prelimary injuction motion, the 2005
Mustang's "MyColor" feature infringes U.S. Patent No. 5,975,728 issued
to Weyer on Nov. 2, 1999 for "Method and Apparatus for Providing User
Selectable Multi-Color Automobile Instrument Panel Illumination."
The "MyColor" feature is part of the "Interior Upgrade Package" sold by
Ford for the 2005 Mustang.According to reports from Mustang enthusiast
websites, 80% of buyers of the 2005 Mustang are ordering the Interior
Upgrade Package.
Numerous buyers are complaining, however, that their orders for
Mustang's with the Interior Upgrade Package are being delayed by Ford,
without explanation. Several have contacted Weyer by e-mail, anxious
about their orders and asking whether Ford has made any effort to settle
the patent issue so that they can take delivery of their Mustangs.
"All that Ford has done so far," Weyer says, "is ask for more time to
answer the complaint." Weyer has had only one conversation with Ford's
attorneys, shortly after the complaint was filed. "I told them that all
that I was seeking was a very reasonable royalty for their use of the
patent." Weyer says. "It is my understanding that Ford charges around
$750 for Interior Upgrade Package as a whole, and the MyColor feature
accounts for probably half of that. At a 10% royalty, that would be
approximately $4 for each Interior Upgrade Package sold. I'm surprised
the Ford is making its customers, who have paid $25,000 to $30,000 for
their new Mustangs, wait rather than pay a mere $4 for a patent license."
The hearing for the preliminary injunction motion has been set for
February 28, 2005.
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