Anthony J. Fuga is a Partner in our
Chicago office.
Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828,
titled "Vehicle Control" against its competitor Bentley
Motors Limited. The patent is related to electronically controlling
the vehicle's subsystems (e.g., engine, brakes, traction
control) to operate in a manner that is suitable for driving on a
particular off-road surface. The driver would use an input to
select grass, gravel, snow, mud and so on.
Bentley filed a motion to dismiss, arguing that the '828
patent was directed to nothing more than the computerization of
what drivers already do – e.g. slow down when going downhill.
The Eastern District of Virginia, however, was unconvinced. The
court noted that at the pleading stage and construing the pleadings
in the light most favorable to JLR, the '828 patent is directed
to "how technology performs the ultimate function of adapting
to drive on different surfaces."
