Brooks Kushman P.C.

USPTO Proposes New Rules For PTAB Trial Proceedings

Practice Points: USPTO responds to public comments on PTAB trial procedures, publishes several proposed rule changes for 60 day comment period…more
| Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Limits “Divided Infringement” Defense – Precise Contours Of Direct Infringement Remain Uncertain

Practice Points - Federal Circuit finds Limelight liable for direct infringement even though Limelight’s customers performed certain steps of Akamai’s patented process. - Defendants may be liable as direct…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

IP Law Tracker Docket Review

Each month, we review 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 and Western District of Michigan. Below is the summary…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

PTAB Decisions Add Some Clarity to Estoppel in AIA Post-Grant Proceedings

The Leahy-Smith America Invents Act (“AIA”) created three new mechanisms for members of the public, including competitors, to challenge the validity of an issued U.S. Patent. As of June 30, 2015, 3,160 petitions for inter partes…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Adopts USPTO Positions in Clarifying Ground Rules For CBM Review, Holds Versata Pricing Patent Invalid

The Leahy-Smith America Invents Act (AIA) introduced post-grant administrative proceedings as a new mechanism for challenging the validity of issued patents without the need to resort to federal court litigation. In a recent…more
| Administrative Law, Civil Procedure, Intellectual Property

IP Law Tracker Docket Review

Each month, we review 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 and Western District of Michigan. Below is the summary…more
| Business Torts, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

June Court Decision Round-Up

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations of…more
| Civil Procedure, Intellectual Property

Federal Circuit Judges Disagree On Correct Claim Construction Standard For AIA Post-Grant Proceedings, But Decline En Banc Review

Practice Points: - Federal Circuit denies en banc review of a key issue arising in AIA inter partes review proceedings. - In an unusual step, judges issued opinions sparring over whether the PTAB should construe…more
| Civil Procedure, Intellectual Property

Federal Circuit Reaffirms Kessler Doctrine As A Patent Infringement Defense For Customers

Applying a doctrine dating to Kessler v. Eldred, 206 U.S. 285 (1907), the U.S. Court of Appeals for the Federal Circuit recently ruled that when a patentee’s infringement action against the manufacturer of an accused product…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Civil Remedies, Intellectual Property

Recent Cases Consider Patent Eligibility Under Mayo/Alice “Two-Step” Test: Invoking Routine and Conventional Elements Is Not Enough

In a series of cases addressing whether inventions are eligible for patent protection under 35 U.S.C. § 101, the U.S. Supreme Court has adopted a two-step analysis. Two recent decisions by the U.S. Court of Appeals for the…more
| Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

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
| Business Torts, Civil Procedure, Civil Remedies, Intellectual Property, Labor & Employment Law

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

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
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