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
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

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
 /  Civil Procedure, Constitutional Law, Intellectual Property

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
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Intellectual Property, Science, Computers, & Technology

Patent Claims, Not Embodiments Disclosed in Specification or Litigation Strategy, Determine Eligibility for Covered Business Method Review

A divided Federal Circuit panel recently vacated a Patent Trial and Appeal Board final decision ruling that challenged patent claims were unpatentable, by holding that the patent was not eligible for review under the…more
 /  Administrative Law, Civil Procedure, Intellectual Property

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
 /  Civil Procedure, Intellectual Property

NPE’s Warning Letters, In-Person Meeting with Accused Infringer, and Prior Lawsuits Are Sufficient To Establish Person Jurisdiction in Unfavorable Forum

In a recent case applying the constitutional limits of personal jurisdiction in a declaratory judgment action filed by an accused patent infringement against a foreign non-practicing entity, the U.S. Court of Appeals for the…more
 /  Civil Procedure, Intellectual Property, International Law & Trade

Federal Circuit Rules That Not All Petitioners Have Standing to Appeal Adverse IPR ResultsFederal Circuit Rules That Not All Petitioners Have Standing to Appeal Adverse IPR Results

The Federal Circuit recently dismissed an appeal from an inter partes review proceeding where the appellant/petitioner failed to establish that it had constitutional standing to maintain an appeal. Phigenix, Inc. v. Immunogen,…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

Full Federal Circuit To Consider Appealability of PTAB Decision On Timeliness of IPR Petition

The Federal Circuit has ordered en banc review to consider whether the timeliness of a petition for inter partes review (IPR) can be appealed following the Patent Trial and Appeal Board’s decision to institute review. Wi-Fi One,…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Full Federal Circuit To Consider Appealability of PTAB Decision On Timeliness of IPR Petition

The Federal Circuit has ordered en banc review to consider whether the timeliness of a petition for inter partes review (IPR) can be appealed following the Patent Trial and Appeal Board’s decision to institute review. Wi-Fi One,…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Supreme Court to Review Forum Shopping in Patent Infringement Litigation

In a development that may signal a major change in patent litigation practice, the U.S. Supreme Court has granted certiorari to hear a challenge to the rules governing where patent owners can file infringement actions against…more
 /  Civil Procedure, Intellectual Property

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 Law, Civil Procedure, Intellectual Property
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