Michigan OfficeP (248) 226-2949mlorelli@brookskushman.com
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...
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.
Outside of the office, Marc enjoys family ski vacations out west, but otherwise stays busy with his three daughters who all play hockey. Marc plays hockey himself, and tries to catch the occasional round of golf is what little free time he has.
Practice Areas & Industries
- FRAND and Other Licensing Disputes
- Litigation Overview
- Trade Secrets
- Patent Litigation
- Automotive
- Trademark & Copyright Litigation
- Inter Partes Review
- Post-Grant Review
- Industrial Manufacturing
- Covered Business Methods
- Life Science & Medical Device
- Ex Parte Reexamination
- Commercial Litigation
- Financial Solutions & IT Services
- Consumer Products
- Chemistry
- International Trade Commission (ITC)
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
Ford Global Technologies, LLC v. New World International, Inc. (Jury Trial – N.D. Texas) – Represented Ford Global Technologies in a patent infringement matter that involved 13 design patents that relate to aftermarket auto parts including headlamps, hoods, mirrors, bumpers, and grills for the 2004 F-150 and 2005 Mustang models. Prior to trial, summary judgment was obtained on the issues of functionality, exhaustion, and infringement for all 13 patents. The jury trial erased remaining defenses of anticipation, obviousness, and indefiniteness. Ford obtained a jury verdict of willful infringement for all 13 patents with an award of defendants’ profits under 35 U.S.C. § 289 – precisely the number requested by Ford.
JM Enterprises, Inc. V. The Ames Companies, Inc. (summary judgment – M.D. Pennsylvania) – Successfully represented AMES Companies in patent infringement matter involving lawn and gardening tools. Soon after having the case transferred to the Middle District of Pennsylvania, the Judge granted defendants motion for summary judgment of noninfringement prior to conducting any discovery. AMES received a successful result in less than four months of litigation.
Innovation Ventures, LLC d/b/a Living ESSENTIALS, v. N.V.E., INC. – (Jury Trial – E.D. Michigan) – Represented Plaintiff Living Essentials in trademark infringement action involving plaintiff’s 5-Hour ENERGY trademark. The jury found that Defendant N.V.E.’s sale of a competing product named “6 Hour Power” infringed Plaintiff’s trademark and awarded $10.6 million in damages. The jury also awarded an additional $11.5 million in disgorgement of N.V.E.’s profits and fully rejected N.V.E.’s $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 – (Jury Trial – E.D. Michigan) – Represented Plaintiff Living Essentials in a trademark infringement action involving plaintiff`s 5-Hour ENERGY trademark. The Court granted Plaintiff summary judgment on secondary meaning and copyright infringement. At trial, the jury found for the Plaintiff on trademark and trade dress infringement. The jury also found that the infringement was intentional and awarded Plaintiff $1,750,000 in damages and 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 – (Jury Trial – E.D. Michigan) – Represented Plaintiff General Motors in an action against a toy manufacturer for unfair competition, trademark infringement, and trade dress infringement. Obtained over $1 million-dollar judgment, which included disgorgement of Defendant’s profits and royalties to General Motors, as well as $1million in attorney’s fees. Affirmed in the Sixth Circuit Court of Appeals.
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
Lawyer of the Year, Litigation – Intellectual Property, Best Lawyers, 2019
Michigan Super Lawyers, Intellectual Property, 2017-2018
“World Trademark Review 1000 Recommended individual,” Intellectual Asset Management, 2015 – 2018
Best Lawyers in America, 2015 – 2019
“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2012 – 2014
“Top Lawyer,” DBusiness Magazine, 2013, 2015 – 2016, 2019
“Up & Coming Lawyer,” Michigan Lawyers Weekly, 2009
Five Brooks Kushman Shareholders Recognized As Trademark Leaders, Firm Earns Gold Honor In World Trademark Review 1000 Listing
SOUTHFIELD, Mich. – Brooks Kushman has been recognized as a gold-standard trademark firm for the fifth consecutive year by Intellectual Asset Management’s (IAM) annual World Trademark Review 1000. Of the Michigan firms listed in the directory, Brooks Kushman is once again the only firm listed as a gold-standard trademark firm. The guide recognizes the world’s top...
Six Brooks Kushman Shareholders Named To 2019 Top Lawyers List
Southfield, Mich.– Brooks Kushman is pleased to announce that six shareholders have been recognized by DBusiness magazine as “2019 Top Lawyers.” The annual list honors the top attorneys in the metro Detroit area in various areas of practice. Brooks Kushman attorneys recognized as 2019 Top Lawyers includes, Mark A. Cantor Frank A. Angileri ...
Federal Circuit Rules in Favor of Brooks Kushman Client Ancora Technologies, Inc.
Southfield, Mich. – On November 16, 2018, the U.S. Court Appeals for the Federal Circuit ruled that a software security patent owned by Ancora Technologies, Inc. is eligible for patent protection. The decision reverses a prior district court ruling. Brooks Kushman shareholders Marc Lorelli, Mark Cantor, John LeRoy and John...
Brooks Kushman Ranked In The 2019 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Southfield, Mich.,- Brooks Kushman is proud to announce the firm has been ranked in the 2019 edition of U.S. News and World Report list of Best Law Firms and Best Lawyers. In Detroit, Brooks Kushman holds a tier one ranking in intellectual property litigation (IP), patent litigation, and patent law. The firm was also recognized...
Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
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 Hosts Chinese Delegation in Partnership With Michigan State University
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....
Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that the firm has been ranked in the 2019 edition of U.S. News and World Report Best Lawyers list of Best Lawyers. Brooks Kushman President Mark A. Cantor, and shareholders Frank A. Angileri, David Randall, Elizabeth F. Janda, John S. LeRoy, Thomas A....
Five Brooks Kushman Shareholders Recognized as Trademark Leaders, Firm Earns Gold Honor in World Trademark Review 1000 Listing
SOUTHFIELD, Mich. – Brooks Kushman has once again been recognized as a gold-standard trademark firm for the fourth consecutive 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...
Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Southfield, Mich.,- Brooks Kushman is proud to announce the firm has been ranked in the 2018 edition of U.S. News and World Report-Best Lawyers list of Best Law Firms and Best Lawyers. In Michigan, Brooks Kushman holds a tier one ranking in IP litigation, patent litigation, patent law and trademark law...
Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
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...
Nine Brooks Kushman Attorneys Ranked as 2018 Best Lawyers
SOUTHFIELD, Mich.,- We are proud to announce that nine Brooks Kushman attorneys were recognized by there peers as 2018 Best Lawyers in America ®. Those included are: Mark Cantor(President) – IP Litigation, Patent Litigation, Patent Law, and Trademark law Frank Angileri(Shareholder; Co-Chair Post-Grant Proceedings) – IP Litigation, Patent Litigation, Patent Law, and...
5-hour ENERGY® Named “Top Verdicts of 2016”
Southfield, Mich. – VerdictSearch has issued their "Top 100 Verdicts of 2016" and the trademark infringement lawsuit litigated by Brooks Kushman, Innovation Ventures LLC v. N.V.E., Inc. involving the popular 5-hour ENERGY® shot, was listed as one of the top verdicts. The firm secured a $22,136,992 verdict on behalf of...
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...
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 Secures Largest Trademark Verdict in Michigan History for 5-Hour Energy
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
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
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
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
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
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
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
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
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
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
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
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"
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
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
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
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...
In Win for Brooks Kushman Client Ancora Technologies, Federal Circuit Rules that Software Security Invention Is Patent-Eligible
Ancora Technologies, Inc. v. HTC America, Inc., No. 2018-1404 (Fed. Cir. Nov. 16, 2018). On November 16, 2018, the U.S. Court Appeals for the Federal Circuit ruled that a software security patent owned by Ancora Technologies, Inc. claims eligible subject matter under 35 U.S.C. § 101. The decision reversed a district...
Supreme Court Rules That § 284 Permits Lost Profits Damages Based on Lost Foreign Sales
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...
Supreme Court’s TC Heartland Decision Impact
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...
Statements Made in IPR Preliminary Responses
Aylus Networks, Inc. v. Apple Inc., No. 2016-1599 (Fed. Cir. May 11, 2017) In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner’s statements made in a preliminary statement during an AIA inter partes review (IPR) proceeding may create prosecution...
Laches Not A Defense To Patent Infringement Damages
In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. (2014), the Supreme Court ruled that the equitable defense of laches is not available when a copyright owner brings a claim for damages under the Copyright Act within the Act’s three-year statute of limitations period. The Court left unresolved whether laches is...
Supreme Court Limits Design Patent Damages, Vacates Apple’s $399 Million Award Against Samsung
In a 8-0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant’s “total profits” from the article of manufacture that contains the patented design, which may only be one component of a commercial product, rather than...
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...
Federal Circuit Limits Divided Infringement Defense Precise Contours Of Direct Infringement Remain Uncertain
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 Litigation in 2019: Key Developments from 2018 and Predictions for the New Year
2018 was another eventful year for intellectual property litigation. In addition to developments in AIA post-grant trials before the PTAB, the Supreme Court and Federal Circuit issued several landmark decisions affecting both IP owners and accused infringers. By all indications, 2019 promises even more changes, as the Supreme Court already...
Second Quarter Supreme Court and Federal Circuit IP Review
At the end of each quarter, we review significant appellate decisions during the quarter that will have the greatest impact on Intellectual Property law and practice. Watch this video to hear BK attorneys discuss the practical implications of multiple important recent rulings from the Supreme Court and the Federal Circuit,...
Quarterly Review - Intellectual Property Impact
At the end of each quarter, the speakers will review the appellate decisions during the quarter that will have the greatest impact on Intellectual Property law. Since the last quarterly webinar, the Supreme Court and Federal Circuit have issued several significant IP rulings, including decisions that will affect on-going discussions concerning...
Second Quarter 2016 Supreme Court and Federal Circuit Update
Brooks Kushman Shareholders Frank Angileri and Marc Lorelli discuss several recent Court decisions that will have the greatest impact on intellectual property law. During the second quarter of 2016, the U.S. Supreme Court and Federal Circuit issued several significant IP rulings, including decisions that will affect on-going discussions concerning important...
Featured, “Open Source Software: Great for Engineers, Tougher for In-House Attorneys” ,” Corporate Counsel, June 2018
Featured, “2015 Best Lawyers in America,” Best Lawyers, August 2014
Featured, “Patent trolls take their toll,” Crain’s Detroit Business, June 2014
Featured, “2013 Rising Stars List,” Super Lawyers, September 2013
Featured, “Top Verdicts, Settlements of 2011,” Crain’s Detroit Business, February 2012
Book Chapter Author, “The Evolution of United States Patent Law Under the America Invents Act,” Intellectual Property Law 2013 Aspatore Thought Leadership series, March 2013
Book Chapter Author, “New Challenges for Today’s Lawyers in Litigation Patent Cases,” Insides the Minds: Litigation Strategies for Intellectual Property Cases, June 2011
Author, “How to Manage an Intellectual Property Litigation,” Institute of Continuing Legal Education, February 2004
Co-author, “Trademark and Trade Dress Fundamentals,” On behalf of Michigan Intellectual Property Law Association to members of the US District Court for the Eastern District of Michigan, January 2006
Author, “Overview of Claim Interpretation Under Markman,” Intellectual Property Law Institute Judge’s Seminar, January 2002
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
Panelist, “IAM Boardroom: PTAB,” Intellectual Asset Management, Chicago, IL, May 2018
Panelist, “Protecting Your Client’s IP,” Association of Corporate Counsel’s (ACC) Corporate Counsel University, 2014 – 2018
Panelist, “Post-grant patent proceedings under the new American Invents Act (AIA),” Toledo Intellectual Property Law Association, March 2014
Speaker, “Intersection of Trademark & Design Patent Law,” Federal Bar Association Law Clerk Program, October 2011