chris_smith

Christopher C. Smith

IP Litigation, Post-Grant Proceedings, Licensing, & Patentability Opinions

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Christopher Smith`s practice focuses on intellectual property litigation, with a primary emphasis on patent litigation. Additionally, Chris is involved with the prosecution of patent and trademark applications, and the preparation of invalidity and infringement opinions.

Chris is a registered patent attorney authorized to practice before the...

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Christopher Smith`s practice focuses on intellectual property litigation, with a primary emphasis on patent litigation. Additionally, Chris is involved with the prosecution of patent and trademark applications, and the preparation of invalidity and infringement opinions.

Chris is a registered patent attorney authorized to practice before the U.S. Patent and Trademark Office. He has represented clients from Fortune 500 companies to start-ups and individual inventors in a variety of industries. Chris is experienced in a wide range of technologies including: (1) automotive, including infotainment; (2) medical devices; (3) internet, including content deliver networks; and (4) telecommunications, including fiber optics.

Chris is also experienced in prosecuting patent applications. His experience in patent prosecution has helped him better understand the process of obtaining a patent, including analyzing file histories, which has been invaluable to him during litigation, especially in formulating claim construction and invalidity positions.

Prior to joining Brooks Kushman, Chris was a patent litigation attorney at Kirkland and Ellis in Los Angeles, where he was involved in a number of cases involving cutting-edge technologies. While doing so, he was a member of several trial teams which were able to win favorable outcomes for their clients.

Chris earned a Bachelor of Science in Engineering degree in Materials Science and Engineering from the University of Michigan and a law degree from UCLA. Additionally, Chris worked as a judicial extern for the Honorable R. Gary Klausner of the Central District of California, where he gained valuable insight into the inner workings of the federal judiciary.

Outside of the office, Chris enjoys fishing and swimming with his kids, bowling, and trying to avoid sand traps and water hazards on the golf course.

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Education

J.D., UCLA School of Law

B.S.E., Materials Science and Engineering, University of Michigan

Kar Enterprises v. Ford Motor Company (D. Mass. 2013): Counsel for defendant Ford Motor Company in patent infringement lawsuit involving speed limiting system for a vehicle. Chris was involved in all facets of the case including claim construction, inventor depositions and preparation of expert reports. The case concluded in a favorable settlement for Ford.

Omega Patents, LLC v. General Motors LLC et al. (N.D. GA 2013): Counsel for defendants General Motors and Onstar in a patent infringement lawsuit involving vehicle remote systems. Chris was involved in all facets of the case including preparation of defendants` invalidity defenses and claim construction arguments. The case concluded in a favorable settlement for defendants.

Omega Patents, LLC v. Lear Corp. (M.D. Fla. 2011): Counsel for defendant Lear Corporation in patent infringement lawsuit involving vehicle remote start technology. Chris` duties included preparation of the Markman brief and motions for summary judgment as well as several pre-trial filings. The case concluded in a favorable settlement.

Mallinckrodt, Inc. et al. v. E-Z-EM, Inc. (E.D. Tex. 2010): Counsel for plaintiffs Mallinckrodt, Inc. and Libel-Flarsheim Company in a patent infringement lawsuit involving contrast injector systems for CT scans and MRIs. Chris` duties included the preparation of inventor witnesses for deposition, the preparation of expert reports and the drafting of Markman briefing.

Rembrandt Data Techs., LP v. DirecTV, Inc. et al. (E.D. VA 2009): Counsel for defendant DirecTV in a patent infringement lawsuit involving modems used in satellite TVboxes. Chris` duties included inventor and expert depositions and the preparation of expert reports. Summary judgment was granted in favor of DirecTV.

Level 3 Comms., LLC v. Limelight Networks, Inc. (E.D. VA 2009): Counsel for defendant Limelight Networks in patent infringement lawsuit involving content delivery networks. Chris was an integral member of the trial team that obtained a jury verdict of non-infringement for defendant Limelight Networks. The jury verdict was affirmed on appeal.

Akamai Techs., Inc. et al. v. Limelight Networks, Inc. (D. Mass. 2009): Counsel for defendant Limelight Networks in patent infringement lawsuit involving content delivery networks. Chris was an integral member of trial team for defendant Limelight Networks. Chris worked on all facets of the case including discovery, trial and the preparation of post-trial briefing, which included preparation of a motion for reconsideration that was granted and resulted in overturning the jury verdict to find no infringement by Limelight.

Foremost In Packaging Sys. v. Cold Chain Techs., (C.D. Cal. 2006): Counsel for defendant Cold Chain Technologies in a patent infringement lawsuit involving transportation coolers for pharmaceuticals. Chris was an integral part of team that prepared successful motions for summary judgment in favor of Cold Chain Technologies.

State Bar of California

State Bar of Michigan

Intellectual Property Owners (IPO) Association – Vice Chair, IP Licensing Committee

United States Patent and Trademark Office

Court of Appeals for the Federal Circuit

“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2012 – 2018

  • Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
    Monday, September 10, 2018

    SOUTHFIELD, Mich. –Brooks Kushman is pleased to announce that twenty of the firm’s attorneys have been named to the 2018 Michigan Super Lawyers and 2018 Michigan Rising Stars list for their accomplishments in intellectual property law by Super Lawyers Magazine. The annual listing honors outstanding exceptional lawyers from more than 70 practice areas who...

  • Brooks Kushman Shareholder Elected Vice Chair of IPO IP Licensing Committee
    Thursday, January 04, 2018

    SOUTHFIELD, Mich., - Brooks Kushman Shareholder, Chris Smith, was recently elected Vice Chair of the Intellectual Property Owner Association (IPO) IP Licensing Committee. In his new role, he will help lead the efforts of the committee, which includes approximately 50 members from across the country, focusing on intellectual property licensing and...

  • Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
    Tuesday, September 19, 2017

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that twenty-two of the firm’s attorneys have been named to the 2017 Michigan Super Lawyers and 2017 Michigan Rising Stars list for their accomplishments in intellectual property law by Super Lawyers Magazine. The annual listing honors outstanding lawyers from more than 70 practice areas who...

  • Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
    Thursday, September 15, 2016

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that several of the firm’s attorneys have been named to the 2016 Super Lawyers and Rising Stars list for their work in intellectual property law. The annual listing honors outstanding lawyers from more than 70 practice areas who have attained a high degree of peer...

  • Brooks Kushman Attorney Named IPO Licensing Committee Secretary
    Monday, February 08, 2016

    Southfield, Mich. – Brooks Kushman attorney Christopher C. Smith has been chosen to serve as Secretary on the Intellectual Property Owners Association (IPO) IP Licensing Committee for the 2016 term. The committee which includes approximately 50 members from across the country, focuses on intellectual property licensing and related matters and...

  • Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars
    Wednesday, September 09, 2015

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that several of the firm’s attorneys have been named to the 2015 Super Lawyers and Rising Stars list for their work in intellectual property law. The annual listing honors outstanding lawyers from more than 70 practice areas who have attained a...

  • Brooks Kushman Congratulates Six New Shareholders
    Sunday, January 04, 2015

    Southfield, Mich. - Brooks Kushman is pleased to announce that Erin Bowles, Molly Crandall, Brian Doughty, John Rondini, Christopher Smith, and Martin Sultanahave all been promoted to Shareholders of the firm. Erin Bowles focuses her practice on domestic and foreign patent prosecution. Her practice also includes patentability investigations, infringement and right-to-use analysis and IP transactions and...

  • Sixteen Brooks Kushman Attorneys Named 2014 Super Lawyers and Rising Stars
    Monday, September 08, 2014

    SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that several of the firm`s attorneys have been named to the 2014 Super Lawyers and Rising Stars list for their work in intellectual property law. The annual listing honors outstanding lawyers from more than 70 practice areas who have attained a...

  • Christopher Smith to speak at ASM International Webinar on Patent Law
    Tuesday, May 31, 2011

    On June 7, Brooks Kushman associate Christopher Smith lead a webinar entitled, “Patent 101:  What Every Inventor Should Know”.  Do you have an idea that you think may be patentable?  Have you developed a new material or process and wish to protect it?  Learn how with this free webinar.  This...

  • Patent Law: A Career Alternative or an Engineering Tool
    Tuesday, March 01, 2011

    Brooks Kushman patent litigation attorney, Christopher Smith offers insight to ASM News on the career path to becoming a patent attorney. Patent Law: A Career Alternative or an Engineering Tool It was my sophomore year in college and I started taking courses in materials science – my declared major. But as time went...

  • Brooks Kushman Hires Smith as Associate as Litigation Practice Grows
    Monday, May 17, 2010

    Brooks Kushman P.C., a specialized intellectual property (IP) and commercial law firm, recently hired Christopher C. Smith as an associate to further strength the firm`s litigation practice. The announcement was made by Mark Cantor, president of the firm. Smith will be based in the firm`s Southfield, Mich. office, but will...

    • Supreme Court Rules That § 284 Permits Lost Profits Damages Based on Lost Foreign Sales
      Monday, June 25, 2018

      In a decision considering the extraterritorial effect of the U.S. Patent Act, the Supreme Court has ruled that damages for patent infringement under 35 U.S.C. § 271(f)(2) can – in at least some cases – include damages for lost profits suffered outside the United States. The decision raises the possibility...

    • Authorized Product Sale Exhausts Patent Rights Worldwide
      Tuesday, May 30, 2017

      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. In so holding, the Court rejected cases, such as Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700 (1992), which...

    • Exporting Single Part Doesn't Violate Section 271(F)(1)
      Wednesday, February 22, 2017

      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), which can create infringement liability when “all or a substantial part of the components” of an invention patented in the United States are exported for assembly outside the country, does...

    • Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury
      Thursday, October 08, 2015

      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 35 U.S.C. § 256, despite the fact that he previously assigned all rights...

    • Federal Circuit Limits “Divided Infringement” Defense – Precise Contours Of Direct Infringement Remain Uncertain
      Monday, August 17, 2015

      In this latest chapter of a long-running litigation involving the direct infringement of patent claims involving multiple actors, the U.S. Court of Appeals for the Federal Circuit recently concluded that a defendant can be liable for direct infringement when it “conditions participation in an activity or receipt of a benefit...

      • IP Provisions Made Simple
        Wednesday, May 23, 2018

        In-house counsel sometimes feel intimidated by IP clauses, especially if they lack the background.  This Webcast will discusses and analyzes IP considerations that arise in common business transactions, including how to identify, address, and analyze key intellectual property issues in a transaction.  The Webcast reviews sample clauses to use, identifies...

      • Quarterly Review: Impacts on Intellectual Property
        Wednesday, August 02, 2017

        Brooks Kushman Shareholders Chris Smith and Thomas Lewry discuss several recent Court decisions that will have the greatest impact on intellectual property law. Since the last quarterly webinar, the Supreme Court has issued several significant IP rulings, including decisions that will affect on-going discussions concerning important issues. The webinar reviews and provide...

        Featured, “Ford Wins More Hybrid Vehicle Patent Appeal Board Reviews,” Law360, November 2015

        Featured, “2013 Rising Stars List,” Super Lawyers, September 2013

        Author, “A Spoonful of Licensing Helps the Medicine Go Down: Avoiding Standing Problems Between Related Entities in Patent Cases,” Association of Corporate Counsel, May 2015

        Author, “Patent Law: A Career Alternative or an Engineering Tool,” ASM News, March 2011

        Author, “The Submarine Defense System Misfires: Patent Prosecution Laches After Symbol Technologies,” 40 Gonz. L. Rev. 236 (2004/2005)

        Moderator, “All Bark, No Bite: An Analysis of IP Contractual Terms That Are Unenforceable or Result in Unintended Consequences,” Intellectual Property Owners Association 45th Annual Meeting, September 2017

        Presenter, “Licensing Strategies with an Eye Towards Litigation,” Intellectual Property Owners IP Licensing Committee, March 2016

        Speaker, “Intellectual Property Law and Patent Litigation,” University of Michigan – Michigan Materials Society, April 2014

        Speaker, “I.P. Law 101” presented at the University of Michigan Materials Science Department Luncheon, March 2013

        Speaker, “Patent 101: What Every Inventor Should Know,” ASM International Emerging Professionals Committee Webinar, June 2011