BMW hits back at Texan NPE in GPS tech patent clash
BMW’s US subsidiary retaliates against an earlier suit filed against the German manufacturer | Car maker seeks declaratory judgment that its navigation systems do not infringe.
BMW North America is seeking a declaratory judgment that navigation technology used in its cars does not infringe patents held by a Texan non-practising entity (NPE).
The complaint—filed on June 16 at the US District Court for the Western District of Texas—is in response to a lawsuit filed by NorthStar Systems last December, accusing the company’s German parent of using patented technology in its vehicles without permission.
NorthStar originally sued manufacturer Bayerische Motoren Werke ( BMW AG) in the US District Court for the Eastern District of Texas, alleging infringement of several patents directed to GPS technology used in vehicles equipped with the BMW navigation and infotainment system, including BMW iDrive.
Casting a shadow
NorthStar, owned by investment company Intellectual Ventures, is disputing five patents in its portfolio—US patents 6,898,432; 8,014,943; 8,032,297; 8,478,527; and 8,805,416.
Although that lawsuit was filed against BMW AG, BMW North America stated that the December lawsuit has “placed a cloud” over the manufacture and sale of its affected vehicles.
The company pointed out in its June complaint that NorthStar, a company incorporated in December 2019, chose only to sue its German parent because BMW North America is an “indispensable party” to NorthStar’s allegations.
BMW North America, therefore, “has a reasonable apprehension” that NorthStar may also file an action against it, or that NorthStar “may dismiss the case without prejudice and refile an action against BMW North America in another district”, according to the complaint.
NorthStar’s December lawsuit has since been consolidated with complaints against Volkswagen, Hyundai and Kia.
BMW North America, founded in 1975, is a subsidiary of Germany-based manufacturer Bayerische Motoren Werke AG, founded in 1916.
WIPR has contacted counsel for BMW for comment. Lawyers have not yet appeared for NorthStar.
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