MIT accuses Ford of wilful patent infringement
Ford Motor Company has been named in a patent suit for allegedly infringing technology owned by Massachusetts Institute of Technology (MIT).
In a complaint filed at the US District Court for the District of Delaware on Wednesday, January 30, MIT claimed Ford had wilfuly infringed four of its patents.
Ethanol Boosting Systems, an engine technology company created by three MIT researchers (John Heywood, Leslie Bromberg and Danial Cohn) who are listed as inventors of the patents, also made the allegations against Ford.
The filing claimed Ford had infringed four patents (US number 8,069,839; 9,255,519; 9,810,166; and 10,138,826).
According to MIT and EBS, the patents are for the inventions of engine and fuel management systems which “improve prior art”, as they increase engine efficiency and reduce emissions through their incorporation of dual injection technology.
MIT and EBS claimed that Ford used the patented dual injection technology in several of its “highly profitable” vehicles. The parties alleged EBS had told Ford the technology was patented, but Ford said it did not require a licence as it “would not be incorporating the dual injection technology into its vehicles”.
The two parties said Ford had notice of the invention since 2014. In their evidence, MIT and EBS said that on October 30, 2014, Heywood emailed Ford and asked the motor company if it would like to discuss possible licensing of the technology.
According to the filing, Ford did not respond to the invitation. Heywood then sent a follow-up email on January 23, 2015, notifying Ford that EBS had “significantly enhanced” its technology and IP portfolio since October, and attached an updated description.
EBS again was met with silence. On February 13, 2015, Heywood wrote another email to Ford, saying that it had held off in contacting other organisations while awaiting Ford’s response, the filing said.
“At this point we need to know if Ford will meet with us. If not, we will pursue other pathways for moving forward,” he concluded, according to the complaint.
After further back and forth, representatives from Ford agreed to meet with EBS in person at MIT on April 17, 2015. From April to November 2015, the parties engaged in several licensing conversations.
In November, Ford’s global engine IP counsel told EBS that Ford was not interested in licensing the offered technology and patents. Ford also said it had no plans to use the patented technology in its vehicles, the filing alleged.
But, according to MIT and EBS, Ford had “imminent plans to use EBS’ patented technology” and incorporated the infringing dual port and direct injection systems into a number of its engines.
“Ford was already incorporating the technology into its engines and fuel management systems at the same time it was telling EBS that it had no plans to use the technology,” the complaint said.
EBS and MIT further added that Ford itself “touted” the use of the infringing technology, citing press releases by the motor company which said the new technology delivers the “capability and efficiency” Ford’s customers are looking for. The filing also referred to an article published by Forbes which included details about Ford’s new engines.
The filing added that Ford had made “substantial revenues and profits” from the infringing products.
In their evidence, EBS and MIT said it was reported in June 2018 that Ford’s F-series pickup trucks, which allegedly incorporate the patented technology, would generate $42 billion in revenue that year.
WIPR has contacted Ford for comment.
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