Brooks Kushman P.C.

Supreme Court Orders Federal Circuit To Defer To District Court Factual Findings During Patent Claim Construction: Will Markman Strategies Change?

On January 20, 2015, the U.S. Supreme Court handed down its first patent decision of the current term, rejecting the U.S. Court of Appeals for the Federal Circuit’s long-standing practice of reviewing district court patent claim…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Markman Hearing

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Congress to Consider Alternative Patent Litigation Reform Bill

Last month, a bipartisan group of legislators introduced the so-called “Innovation Act of 2015” (H.R. 9) in the U.S. House of Representatives. That bill proposes numerous reforms to the U.S. patent system, including heightened…more

America Invents Act, Innovation Act, Inter Partes Review Proceedings, Patent Infringement, Patent Reform

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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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Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry

"Often [intellectual property] is the most valuable asset to the company, bar none, more than the building, more valuable than the land that it sits on." -The Recorder, November 30, 2006 What does it take to get a trademark,…more

Business Formation, Copyright, Patent Applications, Small Business, Startups

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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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Outsourcing Manufacturing and the Pre-AIA On-Sale Bar

United States patent law prior to the America Invents Act (AIA) implementation provides that an invention is unpatentable if it is on sale more than one year before a patent application is filed. The on-sale bar is triggered…more

America Invents Act, Foreign Corporations, Manufacturers, Outsourcing, Patents

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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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