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Brooks Kushman
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Tel: +1 248 358-4400
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Michigan MI 48075
United States
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...
By Christopher C. Smith, Frank Angileri
In its second patent decision of the October 2016 term, the U.S. Supreme Court ruled today that 35 U.S.C. § 271(f)(1)...
By John LeRoy
Open source software (OSS) is ubiquitous in software development today, enabling technical innovation, productivity gains, and touching everything from big data and cloud to mobile and embedded.
By Molly Crandall
One challenge nearly all start-up businesses face is the selection and protection of trademarks – the brand names for their goods and services.
By David Randall, Marc Lorelli, John Rondini
In a 8-0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's "total profits"...
By David Berry, Andrew Turner, Karen Feldman
Companies developing new products sometimes opt to outsource the fabrication of prototypes or the pilot-stage manufacture of products for beta testing.
By Martin Sultana, Isaac Slutsky, David Berry
In a recent case, the U.S. Court of Appeals for the Federal Circuit revisited the vexing problem of assessing patent eligibility for computer-related technologies.
By Lissi Mojica
In a recent panel decision that deviates from the Federal Circuit's current tendency to defer to the U.S. Patent and Trademark Office's interpretation of the Leahy-Smith America Invents Act...
By Frank Angileri, Marc Lorelli
Brooks Kushman Shareholders Frank Angileri and Marc Lorelli discuss several recent Court decisions that will have the greatest impact on intellectual property law.
By Marc Lorelli
Applying the Supreme Court's interpretation of the AIA's provision making inter partes review institution decisions "final and nonappealable," 35 U.S.C. § 314(d), . . .
By Elizabeth Janda
On September 29, the U.S. Supreme Court granted certiorari in a case involving the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), which bars the federal registration of disparaging trademarks.
By Christopher C. Smith
The US Supreme Court denied petitions for certiorari filed in two cases by parties challenging the constitutionality of post grant proceedings instituted under the Leahy-Smith America Invents Act.
By Frank Angileri, Marc Lorelli
The U.S. Court of Appeals for the Federal Circuit recently affirmed several rulings in favor of Apple Inc. in its ongoing smartphone patent war with Samsung.
By Marc Lorelli
On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB's strict requirements for amending claims.