Brooks Kushman P.C.

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
| Civil Procedure, Intellectual Property

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Data Shows Spike In Patent Attorney Fee Motions And Awards After Octane

Prior to last year’s Supreme Court decisions in Octane Fitness LLC v. Icon Health & Fitness, Inc, 134 S. Ct. 1749 (2014) and Highmark, Inc. v. Allcare Health Mgmt. Sys., 134 S. Ct. 1744 (2014), district courts awarded attorney…more
| Civil Procedure, Civil Remedies, Intellectual Property

Federal Circuit’s Initial Reaction to Teva

In the nearly three months since the U.S. Supreme Court ruled that subsidiary factual findings in claim construction proceedings must be reviewed for clear error, the U.S. Court of Appeals for the Federal Circuit has decided a…more
| Civil Procedure, Intellectual Property

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
| Administrative Law, Civil Procedure, Intellectual Property

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
| Civil Procedure, Elections & Politics, Intellectual Property

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
| Intellectual Property, International Law & Trade

After 15 Years, International Applications Under Hague Agreement Available To U.S. Applicants Beginning May 15, 2015

On February, 13, 2015, the U.S. took a major step towards implementing the Hague Agreement Concerning the International Registration of Industrial Designs by depositing an instrument of ratification with World Intellectual…more
| Intellectual Property, International Law & Trade

Will Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. Change Patent Litigation?

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

Congress To Revisit Patent Litigation Reform With New “Innovation Act”

In January, the 114th Congress arrived in Washington, D.C., with Republicans controlling both the Senate and the House of Representatives for the first time since 2006. On February 5, 2015, a group of legislators launched a new…more
| Bankruptcy, Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property

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
| Civil Procedure, Communications & Media Law, Intellectual Property

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

Looking Ahead: Top IP and Technology Trends for 2015

2015 promises to be a challenging year for intellectual property law. Here is Brooks Kushman’s list of significant IP and technology law trends that clients should be prepared for in 2015…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Supreme Court 2014 Patent Preview

On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and 2001,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Canadian Trademark Requirements Will Create Challenges, Opportunities For Brand Owners

Beginning in 2015, significant changes to Canadian trademark law likely will go into effect. Because the United States is by far Canada’s most important trading partner, and Canada is the leading destination for U.S. exports,…more
| Commercial Law & Contracts, Intellectual Property, International Law & Trade
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