Linda D. Mettes

Patent, Trade Secret, & Trademark Litigation

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Linda Mettes specializes in intellectual property litigation.  With nearly 25 years of experience, Linda has litigated patent, trademark, and copyright cases nationwide, including Delaware, California, Texas, Illinois, Michigan, Pennsylvania, New York, New Jersey, Utah, Florida, Ohio, Indiana, and the Federal Circuit, Ninth Circuit and Sixth...

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Linda Mettes specializes in intellectual property litigation.  With nearly 25 years of experience, Linda has litigated patent, trademark, and copyright cases nationwide, including Delaware, California, Texas, Illinois, Michigan, Pennsylvania, New York, New Jersey, Utah, Florida, Ohio, Indiana, and the Federal Circuit, Ninth Circuit and Sixth Circuit Court of Appeals.

Linda has extensive experience in managing litigation from pre-suit investigation through trial/appeal, including fact discovery, expert discovery, and mock jury research.  Linda has deposed over 100 witnesses, including inventors, experts, and company officers. Linda has briefed and/or argued over 100 motions and appeals, including summary judgment, Daubert, Markman, and sanctions motions.

Linda is a registered patent attorney whose technical ability cuts through various technology.  She has led cases in a wide array of technology such as computer hardware, control systems and software, silicon wafer and semi-conductor technology, consumer products and electronics, cell phones, televisions, medical and neurosurgical devices, vaccines, birth control pills and other pharmaceuticals, ophthalmic surgical equipment, stents, mass spectrometry, medical imaging, metal casting, automotive components,  financial products, Internet advertising, and polyethylene foam.

While adept at communicating mechanical, electrical, chemical and pharmaceutical technologies to a court or jury, Linda also has a depth of experience on the damages side, for both plaintiffs and defendants. Linda has successfully precluded damage claims on behalf of defendants and defended the client’s ability to advance significant damage claims on behalf of plaintiffs.

Linda has also worked on many IPRs (Inter Partes Review), as well as prosecuted patents, particularly in reexamination and continuation practice for patents asserted or about to be asserted in litigation.  Linda has also provided legal opinions, conducted due diligence and negotiated and drafted licensing agreements.

As a devoted mentor to many throughout her career, Linda is an ardent proponent of diversity and inclusion. Linda teaches patent litigation as an adjunct professor at Michigan State University and serves as Detroit City Lead for the Leadership Council on Legal Diversity.  Linda has also been integral in STEM for Girls scholarships and programming in association with the American Heart Association. Linda was recognized as a 2018 Women in the Law by Michigan Lawyers Weekly in recognition of her work this arena.

Prior to joining Brooks Kushman, Linda was a partner at another Detroit-area law firm and Kenyon & Kenyon in New York City.  She has also worked as a mechanical engineer for an automotive OEM in a rotational program involving product design, testing, manufacturing and advance R&D.

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Education

J.D., Northwestern University School of Law, cum laude

B.S., General Engineering, University of Illinois

JTEKT Corp. v. GKN Auto. Ltd., 898 F.3d 1217 (Fed. Cir 2018): Briefed and argued successful dismissal of appeal of IPR decision for lack of standing; counsel of record in opposition to JTEKT petition for certiorari.

New World v. Ford Global Techs, 2015 U.S. Dist. LEXIS 145971, 2017 U.S. Dist. LEXIS 41067, 859 F.3d 1032, 714 Fed. Appx. 1021: Led successful motion for Rule 11 sanctions and motions to dismiss Ford Global for lack of personal jurisdiction in Texas and for res judicata (with dismissals affirmed on appeal).

Mercado v. Indio Products, 2013 WL 2898224, 2018 U.S. Dist. LEXIS 120147:  Led motion to dismiss copyright claim and successful motion for summary judgment on trade dress claims.

In the Matter of CERTAIN HYBRID ELECTRIC VEHICLES AND COMPONENTS THEREOF (International Trade Commission 2017) (settled): Led effort at trial on technical prong concerning engine/motor control system and led successful oppositions to motion seeking deposition of CEO and motion seeking sanctions.

Signal IP, Inc. v. Ford Motor Co., 2014 WL 4783537: Led successful motion to transfer Ford from CA to EDMI and through discovery and claim construction until settlement.

ABPA v. Ford Global Techs, 2014 U.S. Dist. LEXIS 187238, 293 F. Supp. 3d 690: Led successful motions to transfer Ford from TX to EDMI and toward summary judgment in favor of Ford on ABPA declaratory judgment invalidity claims.

Easton Technical Products v. Eastman Outdoors, 2:15-cv-00126 (D. Utah 2015) (settled): Lead counsel in contract dispute related to allegations of trademark infringement.

Indio Products, Inc. v. Camao, Inc., 16-cv -07688 (C.D. Cal. 2016) (settled): Lead counsel on copyright and infringement case.

RFA Brands, LLC v. Beauvais, 2014 WL 7780975: Led successful motion for summary judgment of liability and damages related to consumer products.

MEMC Elec. Materials, Inc. v. Mitsubishi Materials Silicon Corp., 2007 U.S. App. LEXIS 22434 (Fed. Cir. 2007):  Authored appeal to obtain affirmance of Daubert exclusion of technical expert and non-infringement ruling on silicon wafer technology.

Parental Guide of Texas, Inc. v.  Sony Corp., et al. (E.D. Tex.): Led pre-trial filings and motions leading to settlement for client regarding television technology.

Vulcan Engineering Co. v. FATA Aluminium, Inc., 278 F.3d 1366 (Fed. Cir. 2002):  Led strategy through discovery and Markman to obtain verdict against infringer; authored appeal brief to obtain affirmance by CAFC with additional price erosion damages awarded.

Polytorx, LLC v. Sambo Machine Co., Dong Joo Kim, Ji Yong Kim, et al., 2017 Mich. App. LEXIS 537: Briefed and argued successful dismissal motion and appeal for trade secret case on behalf of Korean company and two employees.

Island Intellectual Property LLC v. Deutsche Bank AG, 2012 U.S. Dist. LEXIS 21742 (SDNY 2012) (settled after successful defense of damages expert).

Dow Chem. Co. v. Astro-Valcour, Inc., 267 F.3d 1334 (Fed. Cir. 2001): Implemented a strategy to place plaintiff in a catch-22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

Aptargroup, Inc. v. Summit Packaging Systems, 1998 U.S. App. LEXIS 28047 (Fed. Cir. 1998): Obtained a denial of lost profits at trial and sanctions prior to trial with affirmance by CAFC.

Ford Global Techs v. New World Int’l, 2017 U.S. Dist. LEXIS 72517: Led successful defense against motion to dismiss for lack of jurisdiction and led discovery and summary judgment briefing on New World invalidity defenses, ultimately resulting in summary judgment on defenses and a jury verdict of willful infringement.

St. Clair Intellectual Prop. Consultants v. Acer, Inc., 2012 U.S. Dist. LEXIS 111021: Authored successful Markman claim construction briefing and summary judgment briefing and successfully defended Daubert challenge to damages and technical experts.

Lens.com, Inc. v. 1-800 Contacts, Inc., 2010 TTAB LEXIS 212 (TTAB 2010), aff’d at 686 F.3d 1376 (August 3, 2012):  Determined an approach to obtain cancellation of mark and implemented it through a strategic deposition followed up by a successful motion for cancellation, later affirmed by CAFC.

1-800 Contacts, Inc. v. Lens.com, Inc., 2008 U.S. Dist. LEXIS 43428, 2008 U.S. Dist. LEXIS 99940, 2009 U.S. Dist. LEXIS 56412 (D. Utah 2008/2009):  Obtained repeated sanctions for discovery obstruction.

Evans Med. v. American Cyanamid Co., 11 F. Supp. 2d 338 (SDNY 1998), aff’d, 1999 U.S. App. LEXIS 18436 (Fed. Cir. Aug. 9, 1999): Authored brief resulting in summary judgment of non-infringement for defendant, affirmed by CAFC.

Aesculap AG & Co. KG v. Walter Lorenz Surgical, Inc. (N.D. Cal.):  Prosecuted continuation applications, conducted discovery and authored successful claim construction ruling wholly in favor of plaintiff.

Johnson & Johnson v. American Home Products Corp. (E.D. Penn.):  After vigorous discovery and thorough mock research, wrote successful in limine and Daubert motions excluding an expert’s billion-dollar damages opinion in pre-trial phase, leading to favorable settlement.

Henkel Corp v. Sika Corp (E.D. Mich.): Developed non-infringement theory and evidence leading to successful settlement.

Advanced Medical Optics Inc. v. Alcon Manufacturing (D. Del.):  Taking over matter after an adverse jury verdict, developed and advanced new evidence of invalidity leading to favorable settlement.

Alcon Manufacturing Ltd v. Advanced Medical Optics Inc. (N.D. Tex.) (settled).

DuPont Pharmaceutical Co. v. Nycomed Amersham Imaging (D. Del.) (settled after claim construction hearing).

Cephalon Inc. v. Teva Pharmaceuticals USA Inc., et al. (DNJ) (settled).

IBM v. Conner Peripherals (ND. Cal.) (20 patent case directed to computer hard drives, which the court referred to as “the largest patent litigation in history” at the time).

 

National Asian Pacific American Bar Association, Women’s Leadership Network

Leadership Council on Legal Diversity, Detroit City Lead

American Intellectual Property Law Association

Intellectual Property Owner’s Association, Women in IP Committee

State Bar of Michigan

State Bar of New York

United States Patent and Trademark Office Registered Attorney

Women’s Bar Association of Oakland County

“Women in Law”, Michigan Lawyers Weekly, 2018

 

 

  • Brooks Kushman Hosts Chinese Delegation in Partnership With Michigan State University
    Friday, September 07, 2018

    SOUTHFIELD, Mich. – Brooks Kushman, in partnership with Michigan State University (MSU), hosted a Chinese Delegation for a roundtable discussion on Friday, September 7, 2018 in Southfield, Michigan. The roundtable focused on recent developments with U.S. patent challenges and trade secrets. It was moderated by Brooks Kushman shareholder Kristin L....

  • Brooks Kushman Attorney Named Among 2018 “Women in Law” By Michigan Lawyers Weekly
    Friday, August 10, 2018

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Linda Mettes has been named one of Michigan Lawyers Weekly’s 2018 “Women in Law”. This award recognizes 30 women in Michigan’s legal community for their commitment to excellence in the practice of law, leadership in the profession, mentoring and dedication...

  • Federal Circuit Decision Upholds Validity of GKN Automotive Patent
    Tuesday, August 07, 2018

    Brooks Kushman serves as legal counsel to uphold critical claims in GKN Automotive’s patent Auburn Hills, MI (August 6, 2018) – The United States Court of Appeals for the Federal Circuit recently dismissed JTEKT’s challenges of GKN Automotive Ltd.’s patent claims in US 8,215,440, upholding the novelty and non-obviousness findings for...

  • Linda Mettes Appointed LCLD City Lead
    Thursday, June 29, 2017

    SOUTHFIELD, Mich., - Brooks Kushman Shareholder Linda Mettes was recently appointed as the as the Detroit City Lead  by the Fellows Alumni of the Leadership Council on Legal Diversity (LCLD) as part of their Diversity Program Development Committee. LCLD is a national organization committed to advancing diversity issues in the legal...

  • Brooks Kushman Appoints Shareholder Linda Mettes as 2016 Leadership Council on Legal Diversity Fellow
    Tuesday, February 16, 2016

    SOUTHFIELD, Mich. – Brooks Kushman Shareholder Linda Mettes has been selected to represent the firm as a member of the Leadership Council on Legal Diversity’s (LCLD) 2016 class of Fellows. This landmark program identifies, trains, and focuses on the development of the industry’s next generation of professional leaders. The LCLD Fellows...

  • Brooks Kushman Adds Five Shareholders; Expands Leadership as Firm Continues to Grow
    Wednesday, January 08, 2014

    SOUTHFIELD, Mich. – Brooks Kushman P.C. – a nationally ranked intellectual property and technology law firm – recently promoted five attorneys, Maria F. Angileri, Chanille Carswell, Michael D. Cushion, Linda D. Mettes, and Kristin L. Murphy to Shareholders as the firm continues to grow. “Maria, Chanille, Michael, Linda, and Kristin all...

  • Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky
    Tuesday, December 03, 2013

    SOUTHFIELD, Mich. – Brooks Kushman P.C. – a nationally ranked intellectual property (IP) and technology firm – is pleased to announce that Isaac Slutsky has joined the firm`s Southfield, Mich. office. The announcement was made by Mark Cantor, president of the firm.“Isaac has a significant amount of experience in computer...

  • Brooks Kushman Announces Four New Attorneys; Further Expands Medical Device and Trademark Practice Groups
    Wednesday, October 16, 2013

    SOUTHFIELD, Mich. – Building upon the firm`s expertise and diversity, Brooks Kushman P.C. – a nationally ranked intellectual property (IP) and technology law firm – has hired Kristin L. Murphy, Linda D. Mettes, Rachel A. Smith and Dorne J. McKinnon-Rybicki, adding more than 60 years of combined legal experience at...

    Speaker, “Evolving Procedural Challenges Associated With AIA,”Managing Intellectual Property PTAB Forum, May 2018