2008-1158 Kuhl Wheels v. General Motors

Posted on | February 21, 2008 | No Comments

ED/MI 06-CV-15204

Kuhl owns 6,042,194 and 6,520,592.  Hayes Lemmertz had filed a declaratory judgment action that its Struktur Wheel didn’t infringe.  Counterclaims followed, and Kuhl attempted to add GM and Ford as infringers, arguing that the claims were virtually identical (apparently Ford and GM purchase wheels from Hayes).  That court denied the motion, so Kuhl filed this action which then was stayed pending the first.  After the other case determined that the Struktur Wheel did not infringe, this court issued an order to show cause why GM and Ford should not prevail.  Despite Kuhl’s argument that there was no evidence that Ford and GM purchase the Struktur Wheel or one materially identical, Judge Cleland granted judgment to Ford and GM based on issue preclusion (to the extent that Ford and GM did, in fact, purchase the Struktur wheel).  The court found also that Kuhl did not have a good faith basis under Rule 11 to continue the action.

Kuhl’s appeal of the Hayes action is docketed as 2008-1179.

Comments