Michigan, Washington D.C. OfficeP (248) 226-2829fangileri@brookskushman.com
Frank’s practice focuses on intellectual property litigation. Frank has successfully tried patent, trademark, trade secret and copyright cases in Federal Courts nationwide, the Courts of Appeals for the Sixth and Federal Circuits, and the International Trade Commission. As a registered patent attorney, Frank is authorized... see more >
Frank has been lead counsel for a wide variety of clients, from individuals to major corporations, in intellectual property and commercial litigation matters. His litigation experience spans across various technologies and industries including, automotive, consumer electronics, industrial technologies, food and beverage, and home appliances.
Frank is also the Co-Chair of Brooks Kushman’s Post Grant Proceedings practice. He works with clients to challenge or defend patents via the new administrative trial procedures created under the America Invents Act (AIA). In addition to counseling clients, he has been a vital component to developing Brooks Kushman’s Post Grant Proceedings practice by mentoring and training other attorneys.
Early on in his career, Frank served as a law clerk to the Hon. Glenn L. Archer, Jr., former Chief Judge of the United States Court of Appeals for the Federal Circuit.
Frank also serves on the Board of Directors for Challenge Detroit, a revitalization effort designed to attract and retain new talent into the City of Detroit. < see less
Practice Areas & Industries
- Post-Grant Review
- Consumer Products
- Covered Business Methods
- Ex Parte Reexamination
- Inter Partes Review
- IT Services & Solutions
- Litigation Overview
- Electrical & Computer Technology
- Life Science & Medical Device
- Food & Beverage
- Commercial Litigation
- Industrial Manufacturing
- Patent Litigation
- Trademark & Copyright Litigation
- Automotive
Education
J.D., University of Chicago
B.S., Mechanical Engineering, University of Michigan
I.E.E. International Electronics & Engineering, S.A. and IEE Sensing, Inc. v. TK Holdings Inc. and Takata-Petri A.G., Case No. 10-cv-13487 (E.D. Michigan 2015) – Successfully defended IEE companies in patent infringement suit relating to capacitive occupant sensors. Obtained summary judgment of non-infringement of four patents asserted against IEE. Case concluded in a favorable settlement for our client in the amount of $1.1 Million.
GeoTag, Inc. v. Domino’s Pizza Inc, Case No. 10-cv-o572 (E.D. Tex 2014) Successfully defended Domino’s Pizza in a patent infringement action in East Texas. Plaintiff brought suit against over 600 defendants for patent infringement. After the other defendants settled, Domino’s was sole defendant left in case. Court granted summary judgment of non-infringement in favor of Domino’s on five difference grounds.
Omega Patents, LLC v. General Motors LLC and OnStar, LLC, Case No. 12-cv-01192, (N.D. Georgia 2012). Lead counsel for GM and OnStar in successful resolution of case.
Lear Corporation v. TS Tech USA Corporation, et al., Case No. 11-00245 (S.D. Ohio 2011). Lead counsel for Lear in action for enforcement of Lear patents.
Qaxaz v. BMW of North America, LLC, et al., Case No. 11-491 (D. Del. 2011). Lead counsel for Ford in successful resolution of patent claim.
Tenneco Automotive Operating Company, Inc., v. Kingdom Auto Parts; Prime Choice Auto Parts, Case No. 08-2276, 09-1920, U.S. Court of Appeals for the Sixth Circuit (2010). Lead counsel for Kingdom Auto Parts on appeal where Kingdom`s district court victory was affirmed.
Latentier, LLC v. International Paper Co., 725 F.Supp.2d 795; 2010 WL 1952855, (E.D. Wis.) (NO. 08-C-501). Lead counsel for International Paper in successful defense of patent infringement action.
Great American Restaurant Company v. Domino`s Pizza, Case No. 07-cv-00052, 2008 U.S. Dist. LEXIS 32495 (E.D. Texas April 21, 2008). Lead counsel for Domino`s in successful defense of various trademark claims relating to Domino`s sale of its Brooklyn-style pizza.
In re Certain Automotive Parts, 337-TA-651, U.S. International Trade Commission (2009). Lead counsel for Ford Motor Company in its successful enforcement of eight design patents, covering automotive parts for 2005 Ford Mustang, against seven foreign and domestic manufacturers and distributors of aftermarket parts.
Nartron Corporation v. Borg Indak, 2009 WL 539912 (Fed. Cir. 2009). Lead counsel for Nartron on appeal, where the U.S. Court of Appeals for the Federal Circuit reversed a lower court and found for Nartron on Borg Indak`s challenge to inventorship.
ST Sales Tech Holdings, LLC v. Ford Motor Company, Case No. CIV.A. 6:07-CV-346, (E.D. Texas March 14, 2008). Lead counsel for Ford in successful defense of patent infringement action.
z4 Technologies v. Microsoft Corp., 507 F.3d 1340 (Fed. Cir. 2007). Argued appeal where the U.S. Court of Appeals for the Federal Circuit affirmed a $140 million judgment in favor of client z4 Technologies. Microsoft sought certiorari before dismissing its Petition.
In re Certain Automotive Parts, 337-TA-557, U.S. International Trade Commission; United States Court of Appeals for the Federal Circuit (2006-2009). Successfully enforced seven design patents, covering automotive parts for the 2004 Ford F-150, against six foreign and domestic manufacturers and distributors of aftermarket parts.
Domino`s Pizza PMC v. Caribbean Rhino, Inc., 453 F.Supp.2d 998 (E.D. Mich. 2006). Successfully enforced Domino`s trademarks rights relating to improper use of pizza cards.
Hewlett-Packard Company v. SBC Technology Resources, Inc.; SBC Technology Resources, Inc. v. Inrange Technologies Corp., et al. Successfully enforced SBC patents, covering storage network technology, against various manufacturers.
Ford Motor Company and Greenleaf LLC v. Technology Solutions Company. Obtained a multi-million dollar verdict and judgment on behalf of Ford and a former Ford subsidiary in a breach of warranty action against a software supplier.
AgentWare Systems, Inc. v. Sandalwood Enterprises, Inc, Smart Factory Software, Inc., ARKK Engineering, Inc., Erich Mau, Diane Moore, Kevin Kerwin, and Ford Motor Company. Obtained a defense verdict on a breach of contract claim, and summary judgment on thirteen other counts in a case where the plaintiff sought $400 million.
UltraPrecision v. Ford Motor Company, 411 F.3d 1369 (Fed. Cir. 2005); 338 F.3d 1353 (Fed. Cir. 2003). On behalf of Ford, defeated unjust enrichment and inventorship claims.
Soltech, Inc. v. StrandTek International, Inc. Enforced Owens Corning subsidiary`s patent relating to insulation structure for dishwashers.
Juicy Whip Inc. v. Orange Bang, Inc., 382 F.3d 1367 (Fed. Cir. 2004); 292 F.3d 728 (Fed. Cir. 2002); 185 F.3d 1364 (Fed. Cir. 1999). Enforced Juicy Whip`s patent on beverage dispenser technology, including three successful precedent setting appeals, on issues of patent utility, invalidity standards, and damages.
Robotic Vision Systems, Inc. v. View Engineering, Inc., 249 F.3d 1307 (Fed. Cir. 2001); 208 F.3d 981 (Fed. Cir. 2000). Successfully defended View Engineering against nine asserted patents relating to laser scanning technology. Obtained precedent setting Rule 11 sanctions and award of attorneys` fees on behalf of defendant client.
Founding President, Michigan Intellectual Property Inn of Court 2012-2013.
Intellectual Property Owner’s (IPO) Association – Trade Secrets Committee
PTAB Bar Association
Federal Bar Association
Federal Circuit Bar Association
Licensing Executives Society (LES)
American Intellectual Property Law Association
Michigan Intellectual Property Law Association
“Michigan Litigator of the Year”, Managing Intellectual Property, 2015
Best Lawyers in America, 2007-2017
“Leader in the Law”, Michigan Lawyers Weekly 2015
“IP Star”, Managing Intellectual Property, 2013 – 2015
Michigan Super Lawyers, Intellectual Property, 2007-2015
“Top Lawyer,” DBusiness Magazine, 2009, 2011-2013, 2015-2017
Six Brooks Kushman Shareholders Named “IP Stars” By Managing IP
Southfield, Mich. - Brooks Kushman is happy to announce six of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property (IP) Magazine. This comprehensive guide lists leading IP firms and lawyers, and covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are President Mark Cantor and Shareholders Frank...
Brooks Kushman Shareholder Named 2017 Michigan IP Litigator of The Year By Managing IP for Third Consecutive Year
SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Shareholder Frank Angileri was named Michigan’s IP Litigator of the Year by Managing Intellectual Property Magazine. 2017 marks the third consecutive year Angileri has been the recipient of this award. Angileri, who also serves as Co-Chair of Brooks Kushman’s Post-Grant Proceedings practice, was awarded for...
Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
Southfield, Mich.,- Brooks Kushman is proud to announce the firm has been ranked in the 2017 edition of U.S. News and World Report-Best Lawyers list of Best Law Firms and Best Lawyers. Brooks Kushman holds a tier one ranking in IP litigation, patent litigation, patent law and trademark law in Detroit, as well...
Five Brooks Kushman Lawyers Named To 2017 Top Lawyers List
Southfield, Mich.–Brooks Kushman P.C. is pleased to announce that five attorneys have been recognized as “2017 Top Lawyers” by DBusiness magazine. The annual list honors the top attorneys in the metro Detroit area in various areas of practice. The complete list of Brooks Kushman attorneys honored as “2017 Top Lawyers” follows: Mark...
Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
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 Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
Southfield, Mich. -Brooks Kushman President Mark Cantor, and Shareholders Frank Angileri, Marc Lorelli, John LeRoy, Elizabeth Janda, Thomas Lewry and John Nemazi have been selected for inclusion in the 23rd edition of The Best Lawyers in America. Brooks Kushman attorneys were recognized as 2017 Best Lawyers across a variety of intellectual property (IP) practice areas, including: Mark Cantor – IP Litigation,...
Brooks Kushman Recognized as Gold-Standard Firm in Patent 1000 Listing for Third Consecutive Year
SOUTHFIELD, Mich. – For the third consecutive year, Brooks Kushman has been listed as a gold-standard patent firm in Intellectual Asset Management’s (IAM) annual Patent 1000 guide. The Patent 1000 recognizes the world’s top patent law firms and practitioners in key jurisdictions. Of six Michigan firms listed in the directory,...
Brooks Kushman Attorneys Named “IP Stars” by Managing IP
Southfield, Mich. - Brooks Kushman is pleased to announce six of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property (IP) Magazine. This comprehensive guide to leading IP firms and lawyers covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are President...
Brooks Kushman Ranked in Top 2015 PTAB Firms by Docket Navigator
SOUTHFIELD, Mich. — Brooks Kushman has been named one of the top Patent Trial and Appeal Board (PTAB) law firms in a 2015 annual report published by Docket Navigator. The list includes top law firms and corporate legal departments ranked by the number of inter partes review, covered business methods,...
Brooks Kushman Named Managing IP Patent Litigation Firm of the Year, Shareholder recognized as Michigan IP Litigator of the Year
SOUTHFIELD, Mich. — Brooks Kushman is pleased to announce it has been recognized as the Patent Litigation Firm of the Year in the Midwest by Managing Intellectual Property (IP) Magazine. In addition to the firm’s litigation recognition, Shareholder Frank Angileri has been named Michigan’s IP Litigator of the Year for the...
Brooks Kushman Recognized as 2016 Best Law Firm
Southfield, Mich. - Brooks Kushman is proud to announce the firm has been ranked in the 2016 edition of “U.S. News and World Report – Best Lawyers” list of Best Law Firms. Brooks Kushman holds a tier one ranking in IP litigation, patent litigation, patent law and trademark law in Detroit,...
Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars
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 Named One of the Most Active Firms at the PTAB During the First Half of 2015
Southfield, Mich. – Brooks Kushman was named as one of the most active firms in the Patent Trial and Appeal Board (PTAB) in a special report published by Managing IP during the first half of 2015. In addition to the firm’s listing, four of the firm’s attorneys were listed in...
Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America
Southfield, Mich. -Brooks Kushman President Mark Cantor, and Shareholders Frank Angileri, Marc Lorelli, John LeRoy and Elizabeth Janda have been selected for inclusion in the 22nd edition of The Best Lawyers in America. Brooks Kushman attorneys were recognized as 2016 Best Lawyers across a variety of intellectual property (IP) practice areas,...
Brooks Kushman Attorneys Named IP Stars by Managing IP
SOUTHFIELD, Mich. - Brooks Kushman is pleased to announce five of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property Magazine. This comprehensive guide to leading intellectual property (IP) firms and lawyers covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are...
Brooks Kushman Shareholder Named Michigan IP Litigator of the Year by Managing IP
SOUTHFIELD, Mich.-Brooks Kushman is pleased to announce that Shareholder Frank Angileri was named Michigan’s IP Litigator of the Year by Managing Intellectual Property Magazine. The award is given each year during the publication’s North American Awards dinner.Angileri was also named in Managing IP’s “IP Stars” listing, a comprehensive guide to leading IP firms and...
Brooks Kushman Intellectual Property Litigation Attorney Frank A. Angileri Honored as a 2015 Leader in the Law
SOUTHFIELD, Mich. – Brooks Kushman Shareholder, Frank A. Angileri, has been named a 2015 “Leader in the Law” by Michigan Lawyers Weekly. Angileri will be recognized along with 30 other honorees at the 2015 Leaders in the Law award ceremony hosted by Michigan Lawyers Weekly on March 26, 2015 in Troy. “We couldn’t be more thrilled for...
Brooks Kushman Attorneys Help Lead USPTO Pro Bono Efforts
Southfield, Mich. – Brooks Kushman Shareholder Frank Angileri and Of Counsel David Berry have both joined the U.S. Patent and Trademark Office’s (USPTO) Pro Bono Steering Committee. The committee leads the USPTO’s nationwide effort to establish pro bono programs for financially under-resourced inventors and small businesses. Angileri will serve as a member of the steering committee...
Brooks Kushman Recognized by U.S. News & World Report as a 2014 Best Law Firm; Five Shareholders Named as Best Lawyers
SOUTHFIELD, Mich. – Intellectual property (IP) and technology law firm, Brooks Kushman, is proud to announce their inclusion in the 2015 edition of “U.S. News and World Report – Best Lawyers`” list of Best Law Firms. Brooks Kushman holds a national tier one ranking in patent and IP litigation, patent law...
Brooks Kushman Hosts Intellectual Property Presentations at Accelerate Michigan Innovation Competition
SOUTHFIELD, Mich. – To help start-up companies understand the importance and value of intellectual property (IP), Brooks Kushman Shareholders Frank Angileri and Sangeeta Shah will host an IP panel at the Accelerate Michigan Innovation Competition, which the firm is also sponsoring. Angileri and Shah`s panel will take place on November 6,...
Brooks Kushman Successfully Defends Patent Infringement Case for Domino's Pizza in Landmark Patent Litigation Case
SOUTHFIELD, Mich., - Brooks Kushman patent litigators, Frank Angileri, Tom Cunningham, and Mark Jotanovic successfully defended Domino`s Pizza in the United States District Court for the Eastern District of Texas in a patent infringement case regarding the company`s store locator on its website. In 2010, GeoTag Inc., a non-practicing entity (“NPE”)...
Brooks Kushman Welcomes Challenge Detroit Year Three Fellow
SOUTHFIELD, Mich. – For the third consecutive year, Brooks Kushman is participating in the Challenge Detroit initiative and will welcome Challenge Detroit Fellow, Carmen Bojanowski, to the team. Launching year three of its program, Challenge Detroit is an urban revitalization project bringing innovative leaders to the city to live, work, play, give and...
Sixteen Brooks Kushman Attorneys Named 2014 Super Lawyers and Rising Stars
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...
Angileri Discusses First-Sale Doctrine and the Impact on Manufacturers for Inside Counsel
“The Nine: Costco v. Omega”Inside Counsel MagazineNovember 1, 2010 – Frank A. Angileri, litigation shareholder at Brooks Kushman was interviewed by Inside Counsel magazine regarding the U.S. Supreme Court copyright case, Costco v. Omega. The article discusses whether the first-sale doctrine applies to imported goods manufactured abroad.Angileri notes, “A lot...
Supreme Court’s TC Heartland Decision Will Have Far-Reaching Impact on Where Companies Can Be Sued For Patent Infringement
TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017) 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 for patent infringement only in its...
Federal Circuit Considers Offers For Sale Under AIA, Suggests That Congress Did Not Discard All Pre-AIA Prior Art Definitions
Helsinn Healthcare, SA v. Teva Pharmaceuticals USA, Inc., No. 2016-1284 (Fed. Cir. May 1, 2017) 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. The U.S. Patent and Trademark Office has instructed examiners...
Supreme Court Rules That Supplier Does Not Infringe Section 271(f)(1) By Exporting a Single Component Used to Fabricate Patented Device Outside U.S.
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...
Federal Circuit Reverses Course on Obviousness– Affirms Apple Victory in Smartphone Battle
In an unusual en banc decision rendered without requesting briefing from the parties, the United States, or interested amici curiae, 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. Apple Inc. v. Samsung...
Supreme Court’s Cuozzo Decision Endorses AIA Trial Proceedings, But Preserves Key Roles for both the PTAB and Federal Courts in Patent Disputes
In Cuozzo Speed Techs., LLC v. Lee,[1] the U.S. Supreme Court rejected the patent owner’s challenge to the U.S. Patent and Trademark Office’s implementation of the Leahy-Smith America Invents Act’s new post grant proceedings. The Court held that Cuozzo could not challenge the Patent Trial and Appeal Board’s decision to...
USPTO Issues Scaled-Down Revised Rules For PTAB Trials
On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised rules arise from comments received from practitioners over the last two years that existing PTAB procedures put patent owners at...
Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on Redundancy
In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses “redundancy” to control its docket without substantive review of the grounds presented in a petition,...
Federal Circuit Judges Disagree On Correct Claim Construction Standard For AIA Post-Grant Proceedings, But Decline En Banc Review
On June 8, 2015, the U.S. Court of Appeals for the Federal Circuit again considered one of the earliest final decisions from the USPTO’s Patent Trial and Appeal Board (“PTAB” or “Board”) in an inter partes review proceeding under the Leahy-Smith America Invents Act of 2011 (“AIA”). In a set...
Supreme Court Declines To Overrule Brulotte Rule: Post-Expiration Patent Royalties Remain Unlawful
Fifty years ago, the U.S. Supreme Court ruled that a patent license agreement that requires the licensee to pay royalties after the expiration of the licensed patent is unlawful per se, because such payments effectively extend the patent monopoly beyond the statutory term and prevent the invention from becoming part...
Supreme Court Orders Federal Circuit To Defer To District Court Factual Findings During Patent Claim Construction: Will Markman Strategies Change?
On January 20, 2015, the U.S. Supreme Court handed down its first patent decision of the current term, rejecting the U.S. Court of Appeals for the Federal Circuit’s long-standing practice of reviewing district court patent claim construction rulings, including subsidiary findings, without deference. See Cybor Corp. v. FAS Techs., Inc.,...
The Federal Circuits VirnetX Ruling Continues Its Focus On Requirements For Proving Patent Damages
The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on reliable economic evidence and establish direct causation of loss.[1] In recent years, the Federal Circuit has issued...
Featured, “Federal Judge Shortages Take Toll on Business Litigation,” Bloomberg BNA, August 2016
Featured, “Ford Wins More Hybrid Vehicle Patent Appeal Board Reviews,” Law360, November 2015
Featured, “USPTO Rules For Ford In Dispute Over Hybrid Vehicle Tech,” Law360, September 2015
Featured, “Stakeholders Provide Suggestions to Prepare for Changes in Practice After Patent Reform,” BNA – Patent, Trademark & Copyright Law Daily, September 2011
Featured, “Nine Supreme Court Cases In-House Counsel Should Be Watching,” Inside Counsel, November 2010
Quoted, “Redrawing the Drawing Board: Patent Attorneys Gear Up for Major Changes,” Michigan Lawyers Weekly, September 2011
Quoted, “Stakeholders Provide Suggestions to Prepare for Changes in Practice After Patent Reform,” BNA – Patent, Trademark & Copyright Law Daily, September 2011
Quoted, “Something Fierce: Legal Departments Confront Today’s Rough-and-Tumble IP Arena,” Inside Counsel, January 2011
Quoted, “The Nine: Copyright – Costco v. Omega,” Inside Counsel, November 2010
Panelist, “Ex Parte and Inter Partes Patent Appeals Concerning Obviousness” The Intersection of the PTO Practice and the Courts, Federal Circuit Bar Association, April 2017
Panelist, IP in the Auto Industry Conference, May 2016
Speaker, Inside Counsel Super Conference, May 2015
Panelist, “6 Mistakes Start-Ups Commonly Make,” Accelerate Michigan Innovation Competition, November 2014
Speaker, “Enforcement of Trademark Rights,” Federal Bar Association Law Clerk Program, October 2011
Moderator, “Acquire, Enforce & Defend Global Intellectual Property,” Crain’s General & In-House Counsel Summit, May 2011