Brooks Kushman P.C.

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1000 Town Center
Twenty-Second Floor
Southfield, Michigan 48075-1238, United States
Phone: (248) 358-4400
Fax: (248) 358-3351
Areas of Practice
  • Commercial Law & Contracts
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Mergers & Acquisitions
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • Michigan
Number of Attorneys
50-100 Attorneys

Can And Should I Patent My Idea For An App?

Background- Last week, I had a welcome break in my patent law practice. A client told me about his idea for a mobile app – an application that runs on a mobile device (e.g., a smartphone or IPad). Apps are potentially big…more

App Developers, Mobile Apps, Patents

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Supreme Court Agrees To Review Challenge To Constitutionality Of AIA Inter Partes Review Proceedings

In a somewhat surprising decision, the U.S. Supreme Court granted certiorari on June 12, 2017 to hear a challenge to the legality of inter partes review (IPR) proceedings implemented by the Leahy-Smith America Invents Act in…more

America Invents Act, Article III, Inter Partes Review (IPR) Proceeding, Oil States Energy Services v Greene's Energy Group, Patent Trial and Appeal Board

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Supreme Court Interprets Provisions Of Biologics Price Competition And Innovation Act

Sandoz Inc. v. Amgen Inc., Case No. 15-1039 (U.S. June 12, 2017)- On June 12, 2017, in its final patent-related decision of the October 2016 term, the U.S. Supreme Court issued a unanimous decision interpreting two disputed…more

Biosimilars, BPCIA, FDA, Patent Infringement, Patent Litigation

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Supreme Court To Review PTAB Practice Of Reviewing Only Selected Challenged Claims

SAS Institute Inc. v. Lee, No. 16-969 (U.S. May 22, 2017). On May 22, 2017, the U.S. Supreme Court granted review in the first patent case accepted for the October 2017 term. The Court granted certiorari to review whether the…more

Claim Construction, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents

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Sixth Circuit Tackles “Metaphysical Quandary” Of Design Separability: Rules That Cheerleader Uniform Graphics Are Protected By Copyright

Varsity Brands, Inc. v. Star Athletica, LLC, Case No. 14-5237, 2015 WL 4934282 (6th Cir. Aug. 19, 2015). Addressing a subtle issue of copyright law that has perplexed other district and appeals courts, the U.S. Court of…more

Appeals, Chevron Deference, Copyright, Copyright Registration, Copyrightable Subject Matter

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Internet Service Providers Must Register DMCA Agents In Copyright Office’s New Online Registry

The Digital Millennium Copyright Act (“DMCA”) grants Internet service providers and intermediaries (collectively “ISPs”) a series of safe harbors that limit secondary liability for copyright infringement. 17 U.S.C. § 512…more

Copyright, Copyright Infringement, DMCA, Internet Service Providers (ISPs), Registration Requirement

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Update on Defend Trade Secrets Act: Courts Begin Interpreting and Applying New Federal Misappropriation Law

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law on May 12, 2016. The statute amends the Economic Espionage Act of 1996 to provide federal court jurisdiction for civil trade secret misappropriation claims and to…more

Asset Seizure, Continuous Applications, Corporate Counsel, Defend Trade Secrets Act (DTSA), Ex Parte

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In Rare Trademark Decision, Supreme Court Rules That “Tacking” Is A Jury Issue

On January 21, 2015, in its first substantive trademark case in over 10 years, the U. S. Supreme Court unanimously held that when a trademark owner attempts to establish priority based on an earlier use of a nearly-identical…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

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Federal Circuit Adopts USPTO Positions in Clarifying Ground Rules For CBM Review, Holds Versata Pricing Patent Invalid

The Leahy-Smith America Invents Act (AIA) introduced post-grant administrative proceedings as a new mechanism for challenging the validity of issued patents without the need to resort to federal court litigation. In a recent…more

Administrative Authority, America Invents Act, Covered Business Method Patents, Judicial Review, Patent Invalidity

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Federal Circuit Panel Reaffirms “Single Entity Rule” – One Infringer Must Be Responsible For Performing All Steps Of Methods Claims

On May 13, 2015, the U.S. Court of Appeals for the Federal Circuit again considered the circumstances in which a defendant may be liable for direct infringement under 35 U.S.C. § 271(a) when multiple actors carry out the…more

Akamai Technologies, Claim Construction, Covered Business Method Patents, Direct Infringement, Patent Infringement

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Patent Applicants Must Pay USPTO’s Legal Fees For Appeals To District Court Under 35 U.S.C. §145

Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In a 2-1 panel decision, the U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District…more

Appeals, Legal Fees, Patent Applications, Patent Litigation, Patents

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Statements Made In IPR Preliminary Responses May Trigger Later Prosecution Disclaimer

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner’s statements made in a preliminary statement during an AIA inter partes review (IPR) proceeding may create prosecution…more

America Invents Act, Apple, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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PTAB Establishes Criteria Governing Follow-On Petitions For AIA Post Grant Proceedings

General Plastic Industrial Co. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017)- A familiar strategy in inter partes (“IPR”) review proceedings under the America Invents Act (“AIA”) is for petitioners to…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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PTAB Obviousness Decision Must Provide “Reasoned Explanation” For Motivation To Combine References

In a recent pair of decisions, the Federal Circuit has tightened the procedural and substantive requirements for Board decisions on obviousness. In Nuvasive, the Federal Circuit vacated a PTAB final decision that challenged…more

Administrative Procedure Act, Appeals, Due Process, Inter Partes Review (IPR) Proceeding, Obviousness

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PTAB Decisions Add Some Clarity to Estoppel in AIA Post-Grant Proceedings

The Leahy-Smith America Invents Act (“AIA”) created three new mechanisms for members of the public, including competitors, to challenge the validity of an issued U.S. Patent. As of June 30, 2015, 3,160 petitions for inter partes…more

America Invents Act, Claim Preclusion, CLS Bank v Alice Corp, Covered Business Method Patents, Estoppel

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Design Protection Goes Global: The Hague Agreement Will Change Industrial Design Strategies

The Hague Agreement Concerning the International Registration of Industrial Designs, more commonly known as the “Hague Agreement,” is a treaty that establishes an international filing system for industrial design applications…more

Damages, Design Patent, Hague Agreement, Industrial Design, Patent Filings

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Method For Preserving Hepatocytes Patent-Eligible, Despite Use Of Newly-Discovered Natural Cell Characteristics

Rapid Litigation Management, Inc. v. CellzDirect, Inc., No. 2015-1570 (Fed. Cir. July 5, 2016) - The Federal Circuit recently held that a patent covering a process for producing a preparation of frozen liver cells…more

CLS Bank v Alice Corp, Life Sciences, Method Claims, Myriad-Mayo, Patent-Eligible Subject Matter

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Rejecting Pendency of Related Cases as a Dominant Factor, Federal Circuit Orders ED Texas to Transfer Patent Infringement Case to ND California

In re Google, Inc., Case No. 2017-107 (Fed. Cir. Feb. 23, 2017)(nonprecedential). The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of…more

Appeals, Google, Motion to Transfer, Patent Infringement, Patent Litigation

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Federal Circuit Reverses PTAB, Reaffirms Requirement That Anticipating Reference Disclose Every Element of Claimed Invention

The Federal Circuit reversed the Patent Trial and Appeal Board’s final written decision that a challenged claim in a patent relating to systems for controlling torque in electromagnetic motors was unpatentable due to…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation…more

B&B Hardware v Hargis Industries, Collateral Estoppel, Infringement, Issue Preclusion, Likelihood of Confusion

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PTAB Establishes Criteria Governing Follow-On Petitions For AIA Post Grant Proceedings

General Plastic Industrial Co. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017)- A familiar strategy in inter partes (“IPR”) review proceedings under the America Invents Act (“AIA”) is for petitioners to…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible

Visual Memory LLC v. NVIDIA Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017)- The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the…more

Computer-Related Inventions, Federal Rule 12(b)(6), Nvidia, Patent Infringement, Patent-Eligible Subject Matter

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Rejecting Pendency of Related Cases as a Dominant Factor, Federal Circuit Orders ED Texas to Transfer Patent Infringement Case to ND California

In re Google, Inc., Case No. 2017-107 (Fed. Cir. Feb. 23, 2017)(nonprecedential). The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of…more

Appeals, Google, Motion to Transfer, Patent Infringement, Patent Litigation

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Alice And The Abstract Idea

On June 19, 2014 the U.S. Supreme Court in Alice Corporation Pty. Ltd. v. CLS Bank International, 573 U.S. _____ (2014) (Alice) struck down method claims related to mitigating “settlement risk” in financial transactions as being…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Federal Circuit Rules that Patents Directed to Collecting and Filtering Network Data Are Eligible, Further Refining Alice/Mayo Test

Amdocs (Israel) Ltd. v. Openet Telecom, Inc., No. 2015-1180 (Fed. Cir. Nov. 1, 2016) - In a recent case, the U.S. Court of Appeals for the Federal Circuit revisited the vexing problem of assessing patent eligibility for…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Computer-Related Inventions, Judgment on the Pleadings

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Recent Developments In Information Technology Law – Third Quarter 2014

The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues. Over the past few months, the Court issued a number of patent law related opinions covering ground from claim…more

CLS Bank v Alice Corp, Highmark v. Allcare, Limelight Networks, Nautilus Inc. v. Biosig Instruments, Octane Fitness v. ICON

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Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible

Visual Memory LLC v. NVIDIA Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017)- The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the…more

Computer-Related Inventions, Federal Rule 12(b)(6), Nvidia, Patent Infringement, Patent-Eligible Subject Matter

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Supreme Court To Review PTAB Practice Of Reviewing Only Selected Challenged Claims

SAS Institute Inc. v. Lee, No. 16-969 (U.S. May 22, 2017). On May 22, 2017, the U.S. Supreme Court granted review in the first patent case accepted for the October 2017 term. The Court granted certiorari to review whether the…more

Claim Construction, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents

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