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Keystone's legal setback in Ford suit brings it down but not out.


For Keystone key·stone  
n.
1. Architecture The central wedge-shaped stone of an arch that locks its parts together. Also called headstone.

2. The central supporting element of a whole.
 Automotive Industries Automotive Industries, Ltd. (Hebrew: תעשיות רכב נצרת עלית, תע"ר  Inc., a distributor of parts used by auto repair shops, the action of late has taken place not on the road but in the courtroom--and it's been a roller-coaster ride.

The Pomona company is trying to break the hold of the Big Three automakers on the collision repair parts industry. Last month, the company lost a round in its legal tussle with Ford Motor Co. over Ford's allegations that it had infringed on the automaker's design patents. A federal administrative law judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies.  with the International Trade Commission ruled that Keystone had violated design patents on parts for Ford's F150 truck.

The ruling sent Keystone's stock price tumbling 15 percent to $30 per share. The company warned that should Ford ultimately prevail on appeal, it could open the floodgates for Ford and other automakers to challenge upstart companies like Keystone that have been trying to strengthen their foothold foot·hold  
n.
1. A place providing support for the foot in climbing or standing.

2. A firm or secure position that provides a base for further advancement.


foothold
Noun

1.
 in the $16 billion collision repair parts industry. Currently, the major automakers--known in the trade as original equipment manufacturers or OEMs--control more than 50 percent of the U.S. market for parts used by auto repair shops.

Keystone Chief Executive Richard Keister said the company plans to put up a "vigorous fight" against Ford. "It's certainly our thought that we are not going to be bullied around by the monopolistic tactics used by the OEMs," Keister told investment analysts in a conference call last fall.

For its part, Ford issued a statement saying it brought the action to protect its vehicle designs from foreign copying.

"The verdict by the ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium

ITC n abbr (BRIT) (= Independent Television Commission) →
 is an important milestone in design patent law," said Kristen Kinley, a Ford spokeswoman. "The ITC recognized that vehicle design, including the design of vehicle components, is protected from unauthorized copying."

The decision is to be reviewed by the full commission, which must decide the matter by March 5; in any event, the case is likely to end up in the federal courts. Kinley said Ford "will vigorously defend any appeal."

Contrast this with a year earlier, when Keystone was on the winning side of another major courtroom battle, this time with insurance giant State Farm Mutual Automobile Insurance Co. The Illinois Supreme Court reversed a lower court ruling that had awarded more than $1 billion to State Farm policy-holders that had filed a class action suit seeking to halt the use of generic parts in auto repairs. In response to the 1999 lower court ruling, State Farm, the nation's largest auto insurer, had stopped using generic auto parts Auto parts are components of automobiles. They mainly are, in alphabetic order (only car specific articles or articles with car section):
  • Air filter
  • Automobile self starter
  • Bell housing
  • Brakes
  • Bucket seat
  • Bumper
  • Buzzer
  • Battery
.

After the high court reversal, investors turned bullish Bullish

Word used to describe an investor's attitude. Bullish refers to an optimistic outlook, while bearish means a pessimistic outlook.


bullish 
 on the generic auto repair parts industry and Keystone's stock nearly doubled, topping out at $46 a share in March.

All this courtroom turmoil, analysts say, has masked key developments for Keystone on the ground. First and foremost, these analysts note that auto repair shops have become increasingly open to the use of generic parts, which can be up to 50 percent cheaper than parts from the major automakers. Typically, these parts are made offshore and shipped into the U.S. for distribution.

Indeed, in Keystone's most recent earnings statement for the company's second quarter ended in September, same-store sales Same-store sales is a business term which refers to the revenue generated by one of a retail chain's specific outlets during a certain period of time (often a fiscal quarter or a particular shopping season), compared to an identical period in the past, usually in the previous year.  rose 15 percent year-over-year.

Greater acceptance

"We're seeing greater acceptance of non-OEM parts at the body shops," said John Lawrence John Lawrence can refer to:
  • John Lawrence (Irish landowner), Irish landowner
  • John Lawrence (television presenter), Former presenter for the BBC's Look North
  • John Lawrence (musician) a.k.a.
, auto industry analyst with Morgan Keegan & Co. Inc. "First the shops try out the products, then they step up their orders, which is why the same-store sales have done so well."

Lawrence said this underlying acceptance is the main reason why he remains bullish on the company's immediate prospects, despite the recent adverse ruling on the Ford truck patents. "Given the uncertainty regarding future actions by other manufacturers and the many chances for appeal, we believe the fundamentals for Keystone remain in place," he wrote in a report the day after the ruling was announced.

That view was seconded by another auto industry analyst, Craig Kennison, with Robert W. Baird Robert Wilson Baird (born April 1, 1883) helped found the financial services firm that bears his name and led it for more than 40 years.

Baird’s father was a professor of Greek literature at Northwestern University in Evanston, Illinois, where Baird grew up.
 & Co. But Kennison did say that if the case dragged on, litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 costs could eat into some of Keystone's profits.

Keystone CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  Keister downplayed the impact of the Ford ruling on company performance, saying the seven parts in question in the Ford truck case represent less than 1 percent of the company's total of $628 million in sales.

Meanwhile, analysts are watching another key development: Keystone's attempt to modernize mod·ern·ize  
v. mo·dern·ized, mo·dern·iz·ing, mo·dern·iz·es

v.tr.
To make modern in appearance, style, or character; update.

v.intr.
To accept or adopt modern ways, ideas, or style.
 its parts distribution network. In the past, Keystone imported parts and then had them sit in warehouses for weeks before shipping them out all at once to its repair shop customers.

But this setup meant that parts were not often available when auto repair shops needed them--not a good situation when the repair shops are under pressure from auto insurance companies to speed up their repair turnaround times (1) In batch processing, the time it takes to receive finished reports after submission of documents or files for processing. In an online environment, turnaround time is the same as response time. .

So, last year, the company began rolling out a hub-and-spoke distribution system, with more frequent parts shipments.

"Instead of carrying quantities of 20 or 30 of a part number every four weeks, we can get two or three Of a part number to our clients each day. It's much better for their turnover and inventory," Keister told investors in the recent conference call. The key is to make sure that when the repair shop needs a part, they either have it on hand or can have it shipped to them the next day, he said.

But the transition has not been without problems. It has proven more challenging than expected to set up the warehouses that serve as hubs. Also, Keister said the dramatic increase in the price of fuel last spring and summer hit the company hard.

"When you're hit with rising fuel costs, the prudent thing to do is to have fewer truck trips. This came at precisely the moment we were trying to increase truck trips. It's proven a difficult balancing act," he said.

Keister said the switch would take longer than originally expected. "We want to make sure we get it right."

Keystone has also been trying to build out its national client base. Last May, the company began shifting much of its administrative operations to Nashville to be closer to the majority of its clients.

At the same time, Keystone is looking to fill in some gaps in its client network of 25,000 body shops, especially on the West Coast and in the intermountain in·ter·moun·tain  
adj.
Located between mountains or mountain systems, especially lying between the Rocky Mountains and the Sierra Nevada or Cascade Range in the western United States.
 states. "We're on the lookout for in search of; looking for.

See also: Lookout
 acquisitions of major (generic parts) players in these areas." Keister told investors.

But much still hinges Hinges may refer to:
  • Plural form of hinge, a mechanical device that connects two solid objects, allowing a rotation between them.
  • Hinges, a commune of the Pas-de-Calais département, in northern France
 on the outcome of the Ford case and any subsequent cases as Keystone tries to solidify so·lid·i·fy  
v. so·lid·i·fied, so·lid·i·fy·ing, so·lid·i·fies

v.tr.
1. To make solid, compact, or hard.

2. To make strong or united.

v.intr.
 its foothold on the collision repair market. If Keystone ultimately loses its appeals, the gains it has made in penetrating this market could come to a screeching halt. That prospect could keep Keystone stock volatile for quite some time.
Keystone Automotive Industries Inc. (Nasdaq:KEYS)

YEAR (March 31/April 1)        2006    2005

Revenue (millions)             $628    $558
Total Expenses (millions)       593     537
Operating Income (millions)    35.6    20.9
Net Income (millions)          22.3    14.3
Earnings Per Share            $1.38   $0.90

SUMMARY

Business: Auto replacement parts
Headquarters: Pomona
CEO: Richard Keister
Market Cap: $558 million Dividend Yield: N/A
Total Liabilities: $50.9 million P/E Ratio: 23
Long-Term Debt: 0
COPYRIGHT 2007 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Corporate Focus; Keystone Automotive Industries Inc.; Ford Motor Co.
Author:Fine, Howard
Publication:Los Angeles Business Journal
Date:Jan 8, 2007
Words:1205
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