Marc’s practice at Brooks Kushman focuses on litigation. Marc’s experience includes: jury selection; presenting opening statements; examining (direct and cross) fact and expert witnesses; giving closing arguments; conducting Markman hearings; successfully arguing preliminary injunction motions; drafting successful discovery briefs, claim construction briefs, summary judgment briefs, and appeal briefs; managing electronic discovery activities; coordinating large document productions; and negotiating settlement, licensing and acquisition agreements.

Marc graduated from the University of Detroit Mercy School of Law in 2001. Marc was the valedictorian of his graduating class and was an editor of the Law Review. Marc has a Masters Degree in Mechanical Engineering from the University of Michigan, and an undergraduate degree in Chemical Engineering from the University of Notre Dame, where he graduated magna cum laude. Marc’s degrees and work experience in both mechanical and chemical engineering allow him to handle cases involving many different technologies.

Prior to joining Brooks Kushman in 2001, Marc Lorelli was a patent agent at an automotive corporation. During his three years in that role, he gained extensive experience in preparing and prosecuting chemical, mechanical and electrical patent applications. Marc understands how to meet his clients’ patent prosecution needs, since he was a client himself. Marc learned first-hand about client expectations and how best to service clients. This experience is invaluable to Marc’s current practice, which involves a great deal of client counseling in both prosecution and litigation matters.

Representative Matters

P&M Services, Inc. v. Martin Gubb, No. 04-72432 (E.D. Mich.): Lead trial counsel for defendant in patent infringement action concerning paper converting technology. Plaintiff was seeking $7.2 million in damages for infringement of multiple patents. After a three week trial, a favorable jury verdict of $14,167 was obtained for our client.  Obtained affirmance of the judgment on appeal at the Federal Circuit.

Magnadyne Corp. v. Best Buy, et. al., No. 09-1763; 09-1937 (C.D. Cal.): Lead trial counsel for plaintiff Magnadyne  in a patent infringement action involving the design of cellular phone chargers.  Obtained a positive claim construction ruling for the patent holder as well as positive summary judgment result.  This success led to the settlement of the matter just prior to trial.

Elmotec Statomat, Inc. v. Visteon Corp., No. 07-13884 (E.D. Mich.): Counsel for defendant Visteon defending claims of breach of contract, correction of inventorship of several patents, and related claims concerning alternator technologies.  Obtained a favorable summary judgment dismissing plaintiff’s claims.
Reported Citations: 2009 WL 1034929 (E.D. Mich. 2009).

In the matter of Certain Automotive Parts, Investigation No. 337-TA-557 (U.S. International Trade Commission): Trial counsel for Ford Motor Company in a design patent lawsuit directed to vehicle replacement parts. Obtained infringement finding and upheld validity of seven design patents and obtained a General Exclusion Order preventing any infringing parts from entering the United States.

SPX Corp. v. Bartec USA, LLC, et. al., No. 06-14888 (E.D. Mich.): Lead trial counsel for plaintiff in a patent infringement action.  Obtained a positive claim construction ruling for the patent holder as well as an Order excluding evidence of certain prior art from the defendants.  These successes led to the settlement of the matter.
Reported Citations: 574 F.Supp.2d 748 (E.D. Mich. 2008); 557 F.Supp.2d 810 (E.D. Mich. 2008).

Excellent Inventions, Inc. v. FKA Distributing, et al., No. H-04-4543, (S.D. Tex.): Counsel for defendant HoMedics (FKA Distributing) in a patent infringement action with multiple patents concerning control schemes for personal wellness products. Successfully defended plaintiff’s claim for a preliminary injunction. Successfully argued at the Markman hearing for a claim scope that rendered the patents invalid. Our success at the Markman hearing led to a favorable settlement for our client.
Reported Citations: 2005 U.S. Dist. LEXIS 36174 (S.D. Tex. 2005).

Ultra-Precision Manufacturing v. Ford Motor Company, No. 01-70302 (E.D. Mich.): Trial counsel for Ford Motor Company defending claims of breach of contract, unjust enrichment, commercial misappropriation and inventor fraud related to compressor technologies. Plaintiff was seeking tens of millions in damages. Through trial and multiple appeals, obtained and upheld a finding of no liability for our client.
Reported Citations: 411 F.3d 1369 (Fed. Cir. 2005); 388 F.3d 1353 (Fed. Cir. 2003).

General Motors Corporation, et al. v. Lanard Toys, Inc., et al., Nos. 01-71103 and 03-72731 (E.D. Mich.): Trial Counsel for General Motors in an action against a toy manufacturer for unfair competition, trademark infringement, and trade dress infringement. Obtained over $1 million dollar recovery which included disgorgement of defendants’ profits and royalties lost by General Motors. Obtained affirmance from the Sixth Circuit.
Reported Citations: 468 F.3d 405 (6th Cir. 2006).

Elite Logistics Services, Inc., et al. v. ATX Technologies, Inc., et al., No. 02-866, (S.D. Tex.): Counsel for defendant Ford in a patent infringement lawsuit concerning vehicle telematics. Successfully defended plaintiff’s claim for a preliminary injunction and claim for tens of millions in damages. Obtained summary judgment ruling of non-infringement for our client.
Reported Citations: 2007 U.S. Dist. LEXIS 49670 (S.D. Tex.).

Scott Clare, et al. v. Ford Motors Company, et al., No. 02-325 (E.D. Tex.) Counsel for defendant Ford Motor Company concerning pick-up truck designs. Obtained favorable settlement for our client prior to trial.

Hilgraeve Corporation v. Symantec Corporation, No. 97-40370 (E.D. Mich.) Counsel for plaintiff in a patent infringement action involving anti-virus software. Secured a $62.5 million settlement for our client on the eve of trial.
Reported Citations: Hilgraeve Corp. v. Symantec Corp., 265 F.3d 1336 (Fed. Cir. 2001).

Richard J. Ditzik v. Viewsonic Corporation, et al., No. 03-74043 (E.D. Mich.) Counsel for individual/sole proprietorship patentee in lawsuit against large computer monitor manufacturers for infringement of multiple patents.

Honors & Awards

"Up & Coming Lawyer," Michigan Lawyers Weekly, 2009.

Publications

Book Chapter Author, "New Challenges for Today's Lawyers in Litigation Patent Cases," Insides the Minds:  Litigation Strategies for Intellectual Property Cases, June 2011.

Co-Author, "How to Manage an Intellectual Property Litigation," Institute of Continuing Legal Education, February 2004.

Author, "What A Patentee Must Do To Prove Infringement and Damages of a Method Claim For Computer Software," Michigan Computer Lawyer, January 2001.

Author, "How Trademark Litigation Over Internet Domain Names Will Change After Section 43(d) of the Lanham Act," University of Detroit Mercy Literary Review, January 2000.

Speaking Engagements

Speaker, "Intersection of Trademark & Design Patent Law," Federal Bar Association Law Clerk Program, October 2011.

Speaker, "Trademark and Trade Dress Fundamentals," Members of the U.S. District Court for the Eastern District of Michigan, January 2006.

Speaker, "Overview of Claim Interpretation Under Markman," Intellectual Property Law Institute Judge’s Seminar, January 2002.