Brooks Kushman P.C.

Supreme Court Hears Oral Arguments In First Appeal From AIA Post-Grant Proceeding: Justices Focus on Practical Consequences of Dual Claim Construction Standards

On April 25, 2016, the U.S. Supreme Court heard oral arguments in its first appeal from a decision by the USPTO’s Patent Trial and Appeal Board (“PTAB” or “Board”) in an inter partes review proceeding (“IPR”) under the…more
| Administrative Law, Civil Procedure, Intellectual Property

USPTO Issues Scaled-Down Revised Rules For PTAB Trials

On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised rules arise from comments received from…more
| Civil Procedure, Intellectual Property

Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on “Redundancy”

In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses…more
| Administrative Law, Civil Procedure, Intellectual Property

B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

In B&B Hardware v. Hargis Industries, the Supreme Court held that, under some circumstances, determinations by the USPTO Trademark Trial and Appeal Board could have preclusive effect in subsequent federal court litigation…more
| Administrative Law, Civil Procedure, Communications & Media Law, Intellectual Property

PTAB Panel Allows Joinder of Multiple IPR Proceedings Filed by Same Petitioner, Sharpens Disparity Between Panels Interpreting 35 U.S.C. § 315(c)

An expanded panel of the USPTO Patent Trial and Appeal Board (“PTAB” or “Board”) recently exercised its discretion under 35 U.S.C. § 315(c) to grant a motion to join an inter partes review proceeding with an already-initiated…more
| Administrative Law, Civil Procedure, Intellectual Property

Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury

The U.S. Court of Appeals for the Federal Circuit recently ruled that a plaintiff not named as a joint inventor on several patents and pending patent applications has standing to maintain an action to correct inventorship under…more
| Civil Procedure, Commercial Law & Contracts, 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, Civil Remedies, Intellectual Property

Federal Circuit Holds That Laches is Defense To Equitable Relief and Pre-Filing Damages In Patent Infringement Actions

In a recent en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that laches resulting from a delay in filing suit for patent infringement is a statutory defense, and may bar a patentee from obtaining…more
| Civil Procedure, Civil Remedies, Intellectual Property

Sixth Circuit Tackles “Metaphysical Quandary” Of Design Separability: Rules That Cheerleader Uniform Graphics Are Protected By Copyright

Varsity Brands, Inc. v. Star Athletica, LLC, Case No. 14-5237, 2015 WL 4934282 (6th Cir. Aug. 19, 2015). Addressing a subtle issue of copyright law that has perplexed other district and appeals courts, the U.S. Court of…more
| Administrative Law, Civil Procedure, Intellectual Property

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
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