Contributor Page
Brooks Kushman
 
Email  |  Website  |  Articles
Contact Details
Tel: +1 248 358-4400
Fax: +1 248 358-3351
1000 Town Center
22nd Floor
Southfield
Michigan MI 48075
United States
By Sangeeta G. Shah, Michael N MacCallum
A familiar strategy in inter partes ("IPR") review proceedings under the America Invents Act ("AIA") is for petitioners to file multiple petitions challenging claims in an issued patent...
By Bernard Tomsa, Isaac Slutsky
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 asserted claims were not patent-eligible under Alice Corp. Pty...
By Thomas Lewry
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 Court for the Eastern District of Virginia under 35 U.S.C. §145 must pay the USPTO's legal fees in defending the appeal...
By David Berry
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 provisions in the Biologics Price Competition and Innovation Act of 2009, 42 U.S.C. § 262(l).
By Mark A. Cantor, Elizabeth Janda
The U.S. Supreme Court has held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), is unconstitutional as a violation of the First Amendment's protection of free speech.
By Alan Gocha
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.
By Christopher C. Smith, David Randall
The U.S. Court of Appeals for the Federal Circuit issued a writ of mandamus ordering the U.S. District Court for the Eastern District of Texas to transfer a patent infringement action...
By Frank Angileri, Sangeeta G. Shah
Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712 (U.S. June 12, 2017).
By Erin K. Bowles, Andrew Turner
On May 22, 2017, the U.S. Supreme Court granted review in the first patent case accepted for the October 2017 term.
By Christopher C. Smith, David Berry
The U.S. Supreme Court has held that a patent owner's sale of a patented product exhausts its ability to bring infringement claims against the purchaser, or subsequent owners, of the product.
By Frank Angileri, Marc Lorelli
The U.S. Supreme Court has rejected the prevailing interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and held in an 8-0 decision that a domestic corporation defendant may be sued...
By Marc Lorelli, John Rondini
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner's statements made in a preliminary statement during an AIA IPR proceeding may create...
By Frank Angileri, David Randall
The Leahy Smith America Invents Act ("AIA") amended the Patent Act's novelty provisions for all applications having an effective filing date on or after March 16, 2013.
By Mark A. Cantor, Anna Robinson
On March 22, 2017, the Supreme Court established a standard for determining whether a design element incorporated into a useful article can be protected as a pictorial, graphic...
By Marc Lorelli, David Randall
In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. (2014), the Supreme Court ruled that the equitable defense of laches is not available when a copyright owner brings a claim for damages...