Brinks Gilson & Lione

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NBC Tower, 455 N. Cityfront Plaza Drive
Suite 3600
Chicago, IL 60611, United States
Phone: 312.321.4200
Fax: 312.321.4299
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • D.C.
  • Florida
  • Illinois
  • Indiana
  • Michigan
  • North Carolina
  • Utah
Number of Attorneys
100+ Attorneys

Dietary Supplement Patents Swallowed by the Products of Nature Exception

It has been just over three years since the U.S. Supreme Court adopted a threshold test for determining patentable subject matter eligibility under §101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. 134 S. Ct. 2347 (2014). This…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Clarifies Standard To Prove Irreparable Harm For Injunctive Relief

On July 10, 2017, the Federal Circuit issued a decision in Genband US LLC v. Metaswitch Networks Corp. regarding the standard for proving irreparable harm for purposes of obtaining injunctive relief in a patent case...…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

[Webinar] Keeping Up With the PTAB: How to Win When the Rules Seem to Change - July 26th, 12:00pm CT

On Wednesday, July 26, 2017, at 12:00pm CT, Danielle Phillip, Allyn Elliott, and Peter Lee, attorneys with the Post-Grant Patent practice group, will present the webinar, "Keeping Up With the PTAB: How to Win When the Rules Seem…more
 /  Intellectual Property

Rarely Granted Motion to Amend Defeated in the Federal Circuit

In Shinn Fu Co. of Am. v. Tire Hanger Corp., No. 16-2250 (Fed. Cir. 2017), the Federal Circuit reviewed a successful motion to amend granted by the Patent Trial and Appeal Board (“Board”). This appeal arose from an inter partes…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Paying for Attorneys' Fees Whether you Win or Lose on Appeals from the PTAB

On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”) by bringing a civil action against the Director of the United States Patent & Trademark Office…more
 /  Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property

The Federal Circuit Gives Patent Owners A Fighting Chance: Due Process In IPR Proceedings

The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB. Procedural challenges should be…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Supreme Court Holds Statute Banning Registration of Disparaging Marks Violates the First Amendment

This past Monday, June 19, the Supreme Court unanimously ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), is unconstitutional under the First Amendment. Matal v. Tam, No. 15-1293, 582 U.S. ___ (2017). Section…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Constitutional Law, Intellectual Property

Is The Handwriting On The Wall For IPR's? Supreme Court To Decide…

On June 12, 2017, the U.S. Supreme Court announced a grant of cert for Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, on appeal from the Federal Circuit…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Federal Circuit Concludes Differently on Two Exceptional Case Actions

On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases. The two cases are Checkpoint Sys., Inc., v…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

How Far Is Too Far? Institution Decision to Final Written Decision

In making a final written decision of AIA proceedings, the Patent Trial and Appeal Board (“the Board”) is not bound by findings made in an institution decision. In three recent decisions, the Federal Circuit considered the…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Supreme Court Curtails Use of Patent Rights to Enforce Post-Sale Restrictions

On May 30, 2017, the United States Supreme Court issued a decision in Impression Products, Inc. v. Lexmark International, Inc. (Case No. 15-1189), limiting the use of patent rights to enforce post-sale restrictions on goods sold…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade

[Webinar] 2017 Litigation Update - June 14th, 12:00pm CT

On Wednesday, June 14, 2017, at 12:00pm CT, the Litigation practice group will present the webinar, "2017 Litigation Update." Attorneys David P. Lindner, James K. Cleland, Alex J. Fernandez, and Andrew McElligott will present…more
 /  Business Organizations, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Ninth Circuit Confirms GOOGLE Is Not Generic

On May 16, 2017, the Ninth Circuit affirmed the district court’s finding that the GOOGLE trademark had not become generic, providing guidance on preventing genericide. Elliott et al. v. Google, Inc., No. 15-cv-15809, 2017 US…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property

Supreme Court Alters the Landscape of Venue for Patent Infringement Litigation

On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation. The Supreme…more
 /  Business Organizations, Civil Procedure, Intellectual Property

Federal Circuit Maintains Pre-AIA Interpretation of the On-Sale Bar for Public Sales

In Helsinn Healthcare S.A., v. Teva Pharm. USA, Inc., the Federal Circuit recently held that, despite changes to the statutory language of § 102 under the Leahy-Smith America Invents Act (“AIA”), the Court’s pre-AIA…more
 /  Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology
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