Brooks Kushman P.C.

Supreme Court Declines To Overrule Brulotte Rule: Post-Expiration Patent Royalties Remain Unlawful

Background - Fifty years ago, the U.S. Supreme Court ruled that a patent license agreement that requires the licensee to pay royalties after the expiration of the licensed patent is unlawful per se, because such payments…more

Brulotte, Expiration Date, Kimble v Marvel Enterprises, License Agreements, Patent Infringement

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Supreme Court Declines To Overrule Brulotte Rule: Post-Expiration Patent Royalties Remain Unlawful

Background - Fifty years ago, the U.S. Supreme Court ruled that a patent license agreement that requires the licensee to pay royalties after the expiration of the licensed patent is unlawful per se, because such payments…more

Brulotte, Expiration Date, Kimble v Marvel Enterprises, License Agreements, Patent Infringement

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Courts Applying Gunn v. Minton Must Distinguish “Forward-Looking” From “Backward-Looking” Patent Issues

One long-standing feature of the U.S. patent system is exclusive court jurisdiction over patent cases. Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit’s…more

Appeals, Federal Jurisdiction, Federal v State Law Application, Gunn v Minton, Patent Litigation

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Patent Protection - Businesses that fail to heed new provisions of the America Invents Act run the risk of losing their ideas to others

Originally published in January - February 2013 | dbusiness.com. The America Invents Act represents the most significant reform of the United States patent system in 60 years. Signed into law in the fall of 2011, a number…more

America Invents Act, Covered Business Method Patents, First-to-File, First-to-Invent, Patent Reform

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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 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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Commil USA, LLC v. Cisco Systems, Inc.: Defendant May Be Liable For Indirect Infringement Despite Good Faith Belief That Patent Is Invalid

Practice Points: - Supreme Court holds that a good faith belief that a patent is invalid is not a defense to active inducement of infringement under 35 U.S.C. § 271(b). The same result presumably holds for contributory…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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Provisional Patent Applications – Proceed with Caution

For inventors, start-ups and established business, patents are a key tool in protecting valuable assets. However, it is not always economically feasible to incur costs of preparing and filing one or more applications at the…more

Inventors, Patent Applications, Patents, Startups

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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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USPTO Announces Immediate Changes to AIA PTAB Page Limits

Responding to feedback from petitioners and patent owners, the USPTO disclosed a plan to revise the procedural rules governing post grant proceedings under the Leahy-Smith America Invents Act (“AIA”). USPTO Director Michelle K…more

America Invents Act, Inter Partes Review Proceedings, Modification, Patent Litigation, Patent Trial and Appeal Board

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May Court Decision Round-Up

Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015). U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp…more

Advertising, Arbitration, Breach of Contract, Breach of Duty, Competition

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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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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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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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Contact

1000 Town Center Twenty-Second Floor
Southfield, Michigan 48075-1238, United States

  • (248) 358-4400
  • (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

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