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

PTAB Designates Two New Informative Decisions Addressing IPR Filing Issues

The PTAB recently designated two decisions as informative that concern the time bar to filing an inter partes review (IPR). Under 35 U.S.C. § 315(b), “An inter partes review may not be instituted if the petition requesting the…more
 /  Administrative Law, International Law & Trade, Science, Computers, & Technology

Federal Circuit Rules That PTAB Rejection Of IPR Time-Bar Defense Is Reviewable

In an en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that the appeals court may review the Patent Trial and Appeal Board’s determination, in connection with a decision to institute inter partes review…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Rules That Scandalous And Immoral Trademarks May Be Registered

Earlier this year, the U.S. Supreme Court ruled that the Lanham Act’s prohibition on the registration of disparaging trademarks was unconstitutional. Matal v. Tam, 137 S.Ct. 1744 (2017). The Court in Tam ruled that trademarks…more
 /  Constitutional Law, Intellectual Property, Science, Computers, & Technology

PTAB Issues Guidance On Claim Amendments Caused By Aqua Products Decision

In a November 21, 2017 memorandum, David P. Ruschke, the PTAB’s Chief Administrative Patent Judge, issued new guidance affecting pending and future motions to amend claims in inter partes review proceedings. The guidance…more
 /  Intellectual Property, Science, Computers, & Technology

USPTO Announces Fee Increases Effective January 16, 2018

United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings (Please click here to see the USPTO’s table showing the fee changes relative…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

New PTAB “Informative” Decisions Support Denial Of Institution When Grounds Were Considered Previously

The petitioner challenged multiple claims of U.S. Patent 5,523,791, which discloses technology for superimposing images over scenes displayed on a television. The petition listed three obviousness grounds for unpatentability…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

USPTO Will Continue To Apply Lower In Re Packard Indefiniteness Standard During Examination

The USPTO Patent Trial and Appeal Board announced that it will continue to reject claims as indefinite under 35 U.S.C. § 112(b) when they contain words or phrases whose meaning is “unclear,” instead of applying the higher…more
 /  Intellectual Property, Science, Computers, & Technology

Federal Circuit Rejects Some USPTO Requirements For Amending Claims During IPR Proceedings

On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board) limiting a patent owner’s ability to…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Shoots Down Eastern District Of Texas Patent Venue Test

September 21, 2017. On a petition for writ of mandamus, the Federal Circuit ordered the U.S. District Court for the Eastern District of Texas to transfer venue of a patent action—rejecting the four-part venue test proposed by…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

PTAB Establishes Criteria Governing Follow-On Petitions For AIA Post Grant Proceedings

General Plastic Industrial Co. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017)- A familiar strategy in inter partes (“IPR”) review proceedings under the America Invents Act (“AIA”) is for petitioners to…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Rules That Claims For Programmable Tiered Computer Memory Are Patent-Eligible

Visual Memory LLC v. NVIDIA Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017)- The U.S. Court of Appeals for the Federal Circuit reversed a district court ruling dismissing a patent infringement action on the ground that the…more
 /  Intellectual Property, Science, Computers, & Technology

Patent Applicants Must Pay USPTO’s Legal Fees For Appeals To District Court Under 35 U.S.C. §145

Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In a 2-1 panel decision, the U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District…more
 /  Intellectual Property, Science, Computers, & Technology

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
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