Brooks Kushman P.C.

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

Federal Trade Secret Legislation Gathers Momentum, But Questions Remain

In many ways, trade secret protection has been the “odd man out” among intellectual property rights. While patents, trademarks, and copyrights are dominated by federal statutes, trade secret rights arise under state law. In…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property

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
| Civil Procedure, Intellectual Property, Professional Malpractice

The Federal Circuit’s VirnetX Ruling Continues Its Focus On Requirements For Proving Patent Damages

The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

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
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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Areas of Practice
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Other U.S. Locations
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50-100 Attorneys

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