marc_lorelli

Marc Lorelli

Shareholder, Co-Chair Litigation

Michigan OfficeP (248) 226-2949

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Marc is the Co-Chair of Brooks Kushman's intellectual property litigation practice. He has been instrumental in building, developing, and growing the team. Throughout his career, Marc has successfully tried patent, trademark, trade secret and copyright cases in Federal Courts nationwide, the Federal Circuit Court of... see more >

Marc is the Co-Chair of Brooks Kushman's intellectual property litigation practice. He has been instrumental in building, developing, and growing the team. Throughout his career, Marc has successfully tried patent, trademark, trade secret and copyright cases in Federal Courts nationwide, the Federal Circuit Court of Appeals, and the International Trade Commission.

Marc has extensive litigation experience from 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.

As a registered patent attorney, Marc is authorized to practice before the U.S. Patent and Trademark Office. Marc’s litigation experience spans across various technologies and industries. Marc has handled cases in the automotive, consumer electronics, medical device, and appliance industries.

Marc’s current practice includes experience with Post-Grant Proceedings before the U.S. Patent and Trademark Office.  In the past, Marc was involved in several re-examination requests and the associated prosecution relating to patents in litigation.  Now, Post-Grant Proceedings are playing a major role in patent litigation in the United States, particularly Inter Partes Review. Litigating through these new forums and counseling clients on these procedures are becoming an increasing focus of Marc’s current practice.

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 Master’s 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. < see less

Education

J.D., University of Detroit Mercy, summa cum laude, Associate Editor, University of Detroit Mercy, Law Review, Frank Murphy Honor Society, Alpha Sigma Nu Honor Society

M.S., Mechanical Engineering, University of Michigan

B.S., Chemical Engineering, University of Notre Dame, magna cum laude, Tau Beta Pi Honor Society

INNOVATION VENTURES, LLC d/b/a LIVING ESSENTIALS, v. N.V.E., INC. – Jury Trial (E.D. Michigan 2016): Trial counsel for plaintiff in trademark infringement action involving plaintiff’s 5 hour ENERGY shot. The jury found that defendant N.V.E. infringed plaintiff’s trademark by its sale of a competing product named “6 Hour Power.”  The jury awarded $10.6 million in damages. Jury also awarded an additional $11.5 million for disgorgement of profits N.V.E. made on the infringing products, which is subject to further review.  The jury also fully rejected the claims brought by N.V.E. which included a $60 million false advertising claim.

Lumalier Corp., v. Infection Prevention Technologies LLC, No: 14-0138 (Fed. Cir. 2014): Lead trial counsel for Infection Prevention Technologies patent infringement action concerning ultraviolet sterilization devices. The District Court granted plaintiff`s summary judgment motion and found that plaintiff did not infringe Lumalier`s patents. Decision was upheld on appeal to Federal Circuit.

Reported Citations:  2014 U.S. App. LEXIS 11605; 2014 WL 2795230

Ancora Techs. v. Apple, Inc,. 744 F.3d 732 (Fed. Cir. 2014): Counsel for Ancora Technologies patent infringement action concerning computer software. Obtained a positive claim construction ruling for the patent holder on appeal to the Federal Circuit.

Robert Bosch LLC v. Corea Autoparts Producing Corporation et al., Civil Action No. 2:11-cv-14019 (E.D. Mich.): In re Certain Wiper Blades, lnv. No. 337-TA-816 (International Trade Commission): Lead trial counsel for Corea Autoparts (CAP) in multiple patent infringement actions concerning “bracket-less” or “beam” style wiper blades. Settlement was reached prior to trial.

Living Essentials v N2G, No. 08-10983 (E.D. Mich.): Trial counsel for plaintiff in trademark infringement action involving plaintiff`s 5 hour ENERGY “shot” drink. Plaintiff was granted summary judgment on secondary meaning and copyright infringement. The case proceeded to trial to resolve the issues raised in defendants` counterclaims of tortious interference with contractual relations; tortious interference with business relationships and expectancies; violation of the Michigan Consumer Protection Act and a declaratory judgment that defendants` trade dress is non-infringing. The jury found for the plaintiff concluding there was a likelihood of confusion between the plaintiff`s 5-hour ENERGY trademark and several of the N2G products, as well as the trade dress of the plaintiff`s product and a number of the defendants` products. The jury also found that the infringement was intentional and awarded plaintiff $1,750,000 in damages and also its attorney fees.
Reported Citations: 635 F.Supp.2d 632 (E.D. Mich. 2008); 779 F.Supp.2d 671 (E.D. Mich. 2011)

Infection Prevention Technologies LLC v. Lumalier, No. 10-12371 (E.D. Mich.): Lead counsel for plaintiff in patent infringement action involving room disinfection patents where reflected ultraviolet radiation is the method by which the room is disinfected. The Court granted plaintiff`s summary judgment motion and found that plaintiff did not infringe Lumalier’s patents.

Digitech Information Systems, Inc. v. Ally Financial, et al., No. 11-cv-13999 (E.D. Mich.): Counsel for defendant in this patent infringement action. The patent-in-suit was held invalid as not meeting the statutory requirements of 35 U.S.C. § 101.  Decision was upheld in an appeal to the Federal Circuit.

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.

State Bar of Michigan

Michigan Intellectual Property Law Association, Board of Directors, Past-President 2009-2010.

American Intellectual Property Law Association

American Bar Association

Federal Bar Association

Federal Circuit Bar Association

“World Trademark Review 1000 Recommended individual,” Intellectual Asset Management, 2015 – 2016

Best Lawyers in America, 2015 – 2017

“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2012 – 2014

“Top Lawyer,” DBusiness Magazine, 2013, 2015 – 2016

“Up & Coming Lawyer,” Michigan Lawyers Weekly, 2009

  • Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
    Monday, November 21, 2016

    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
    Monday, November 21, 2016

    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...

  • Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
    Wednesday, August 17, 2016

    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 Secures Largest Trademark Verdict in Michigan History for 5-Hour Energy
    Monday, February 29, 2016

    SOUTHFIELD, MI – A team of Brooks Kushman trial attorneys secured a multi-million-dollar jury verdict for trademark infringement in favor of Innovation Ventures LLC, the makers of 5-hour Energy® shots, against N.V.E., Inc. of New Jersey. The verdict included an award of $10.6 million in damages for N.V.E.’s manufacture and...

  • Brooks Kushman Earns Gold Honors In World Trademark Review 1000 Listing
    Monday, January 25, 2016

    SOUTHFIELD, Mich. – Brooks Kushman has been recognized as a gold-standard trademark firm for the second year by Intellectual Asset Management’s (IAM) annual World Trademark Review 1000, a guide that recognizes the world’s top trademark law firms and practitioners in key jurisdictions. Of the Michigan firms listed in the directory,...

  • Brooks Kushman Recognized as 2016 Best Law Firm
    Wednesday, November 04, 2015

    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,...

  • Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America
    Wednesday, August 19, 2015

    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 Earns Gold Honors in World Trademark Review 1000 Listing
    Tuesday, January 27, 2015

    SOUTHFIELD, Mich. – Brooks Kushman, intellectual property and technology law firm, is now listed in Intellectual Asset Management’s (IAM) annual World Trademark Review 1000, a guide that recognizes the world’s top trademark law firms and practitioners in key jurisdictions. The 2015 IAM World Trademark Review 1000 issue marks the first time...

  • Brooks Kushman Recognized by U.S. News & World Report as a 2014 “Best Law Firm”; Five Shareholders Named as “Best Lawyers”
    Monday, November 03, 2014

    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 Announces New Co-Chair of Litigation
    Tuesday, September 30, 2014

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce Shareholder Marc Lorelli has recently been appointed to serve as the firm`s new Co-Chair of Litigation. Lorelli has been with Brooks Kushman since 2001, and has been instrumental in building, developing, and growing the firm`s IP litigation team. “We have nothing but high...

  • 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...

  • Brooks Kushman Win is Affirmed in Appeal for Infection Prevention Technologies LLC
    Wednesday, June 25, 2014

    SOUTHFIELD, Mich. – On Friday, June 20, 2014 the Federal Circuit Court of Appeals upheld a finding that Brooks Kushman`s client, Infection Prevention Technologies LLC (IPT), did not infringe two patents related to ultraviolet sterilization devices held by Lumalier Corp. This ruling came after an appeal by Lumalier Corp., on the...

  • Brooks Kushman Shareholder Discusses Patent Trolls in Crain's Detroit Business
    Tuesday, June 24, 2014

    SOUTHFIELD, Mich., - Brooks Kushman Shareholder, Marc Lorelli, was featured in an article discussing patent troll litigation in the U.S. Patent and Trademark Office. In the article, “Patent Trolls Take Their Toll,” Lorelli discusses how the Leahy-Smith America Invents Act protects companies against patent trolls, as well as ways that patent...

  • Brooks Kushman Shareholder Marc Lorelli to Discuss American Invents Act Proceedings at the Toledo Intellectual Property Law Association Spring Seminar
    Monday, March 24, 2014

    SOUTHFIELD, Mich., - Brooks Kushman, P.C. Shareholder and Patent Attorney, Marc Lorelli will serve as one of three panelists at the Toledo Intellectual Property Law Association`s spring seminar on Tuesday, March 25, 2014. The seminar will provide an overview of post-grant patent proceedings under the new American Invents Act (AIA). Lorelli`s...

  • Twelve Brooks Kushman Attorneys Selected as DBusiness “Top Lawyers” for 2013
    Tuesday, October 16, 2012

    Southfield, Mich., October 16, 2012 – Intellectual property law firm Brooks Kushman P.C. is proud to announce that 12 of the firm`s attorneys have been recognized as “2013 Top Lawyers” by DBusiness magazine. The annual list honors the top attorneys in the metro Detroit area in various areas of practice....

  • Brooks Kushman Win for Client and Maker of 5-Hour Energy Drink Named to the "Top Verdicts, Settlements of 2011"
    Tuesday, February 21, 2012

    Crain's Detroit Business Southfield, Mich. – Crain's Detroit Business has issued their "Top Verdicts, Settlements of 2011" and the trademark infringement lawsuit, Innovation Ventures LLC v. N2G Distributing Inc. involving the popular 5-Hour Energy® drink, made the list of big cases.  In November 2011, Michigan intellectual property law firm Brooks Kushman...

  • Angileri, Lorelli and Sparschu Speak at the 2011 Federal Law Clerk Program
    Wednesday, October 19, 2011

    Shareholders Frank Angileri, Marc Lorelli and Mark Sparschu from the intellectual property law firm Brooks Kushman spoke at the "Federal Law Clerk Program" presented by the Intellectual Property Committee and the Law Clerk Committee of the Federal Bar Association.  The seminar was held on Wednesday, October 19, 2011at the Federal...

  • Lorelli Authors Book Chapter on Litigation Strategies for Intellectual Property Cases
    Monday, June 27, 2011

    Brooks Kushman litigation shareholder, Marc Lorelli, contributed to the Inside the Minds book, "Litigation Strategies for Intellectual Property Cases" with the chapter, "New Challenges for Today's Lawyers in Litigating Patent Cases."  Lorelli highlights the following areas in the book chapter:New Developments and Key Issues in Recent Patent LitigationNew Considerations in Patent...

  • Brooks Kushman's Lorelli Appointed President of Michigan Intellectual Property Law Association
    Wednesday, September 23, 2009

    Brooks Kushman's Marc Lorelli was recently appointed president of the Michigan Intellectual Property Law Association (MIPLA), an organization that consists of Michigan intellectual property (IP) attorneys, patent agents and law students who are interested in IP issues. In this role, Lorelli, a shareholder at Brooks Kushman, will be responsible for...

      • Five Brooks Kushman Attorneys Recognized as 2015 Best Lawyers in America ®
        Wednesday, August 20, 2014

        Southfield, Mich. – Brooks Kushman is pleased to announce that President Mark A. Cantor, and Shareholders Frank A. Angileri, Marc Lorelli, John S. LeRoy and Elizabeth F. Janda have all been selected for inclusion in The Best Lawyers in America ® 2015. Brooks Kushman attorneys were recognized as 2015 Best Lawyers across a...

      • Brooks Kushman Shareholder Discusses Patent Trolls in Crain's Detroit Business
        Tuesday, June 24, 2014

        SOUTHFIELD, Mich., - Brooks Kushman Shareholder, Marc Lorelli, was featured in an article discussing patent troll litigation in the U.S. Patent and Trademark Office. In the article, “Patent Trolls Take Their Toll,” Lorelli discusses how the Leahy-Smith America Invents Act protects companies against patent trolls, as well as ways that patent...

      • Four Brooks Kushman Lawyers Named to 2013 Super Lawyers List; Ten Attorneys Honored as Rising Stars
        Friday, September 06, 2013

        SOUTHFIELD, Mich. – Brooks Kushman P.C. is proud to announce that several of the firm`s attorneys have been named to the 2013 Super Lawyers list for their work in the intellectual property arena. The annual Super Lawyers listing honors outstanding lawyers from more than 70 practice areas who have attained...

      • Brooks Kushman Win for Client and Maker of 5-Hour Energy Drink Named to the "Top Verdicts, Settlements of 2011"
        Tuesday, February 21, 2012

        Crain's Detroit Business Southfield, Mich. – Crain's Detroit Business has issued their "Top Verdicts, Settlements of 2011" and the trademark infringement lawsuit, Innovation Ventures LLC v. N2G Distributing Inc. involving the popular 5-Hour Energy® drink, made the list of big cases.  In November 2011, Michigan intellectual property law firm Brooks Kushman...

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