Frank focuses his practice on intellectual property litigation and post-grant proceedings. He is well-known by clients and colleagues for his strategies to solve clients’ most challenging IP issues.
With over 25 years of experience, 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 to practice before the U.S. Patent and Trademark Office.
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’s practice also includes post-grant proceedings. He works with clients to challenge or defend patents through administrative trial procedures created under the America Invents Act (AIA). In addition to counseling clients, he has been a vital component in 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. This experience led to involvement in almost 100 appeals over the course of his career and Frank currently leads Brooks’ Appellate Litigation Group.
Frank also serves on the Board of Directors for Challenge Detroit, a revitalization effort designed to attract and retain new talent in the City of Detroit.
Representative District Court/ITC Matters
Lear Corporation v. NHK Seating of America Inc. (Settlement – E.D. Michigan): Only days into a federal jury trial, Lear Corp., represented by Brooks Kushman, and NHK Seating, informed a Michigan federal judge that the companies had reached a settlement in the patent infringement case involving headrest patents. Lear sued NHK Seating in 2013 saying the company infringed multiple patents for technology they used in their vehicle headrests. The case has been settled in its entirety.
Ford Motor Company v. TMC Fuel Injection, LLC (PTAB) – Representing Ford as a defendant in a patent lawsuit involving fuel injection technologies. BK employed IPR proceedings to obtain admissions regarding claim scope that led the district court to grant summary judgment of non-infringement, which the Federal Circuit affirmed.
Ford Global Technologies, LLC v. New World International, Inc. (Jury Trial – N.D. Texas): Trial counsel for plaintiff Ford in a patent lawsuit involving thirteen design patents. Obtained favorable summary judgment, claim construction, and other pre-trial rulings. The jury found willful infringement of all thirteen patents and against all invalidity challenges and awarded Ford the defendants’ total profits from the infringement. Obtained an award of almost $3 million in profits and attorneys’ fees as well as the entry of a permanent injunction. Case No. 3:17-cv-03201
In the matter of Certain Automotive Parts (ITC): 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. Inv. No. 337-TA-557
Ameranth, Inc. v. Domino’s Pizza, Inc. (Summary Judgment – S.D. California): Successfully defended Domino’s Pizza in a patent infringement suit relating to menu generation and synchronization of data for mobile devices. Obtained summary judgment of unpatentability on a patent asserted against Domino’s and 30 other parties. Also served as counsel for Covered Business Method proceedings where the Patent Trial and Appeal Board held three other asserted patents unpatentable.
Case No. 3:11-cv-01810
Automotive Body Parts Assoc. v. Ford Global Technologies, LLC (Summary Judgment – E.D. Michigan): Obtained summary judgment for Ford Global on plaintiff’s declaratory judgment claims concerning Ford Global’s design patents. Case No. 2:15-cv-10137
Ford Motor Company v. Paice LLC (PTAB): Represented Ford during the pendency of the 22 inter partes review proceedings challenging the validity of hundreds of claims across five separate patents. Managed proceedings through final written decision where the Patent Trial and Appeal Board held 273 patent claims were unpatentable. Case No. IPR2014-00571, IPR2014-00904, IPR2015-00722, IPR2015-00790
Paice LLC v. Ford Motor Company Representative (Federal Circuit): Successfully represented Ford in numerous appeals challenging the Patent Trial and Appeal Board decisions that had found hundreds of patent claims as being unpatentable. Case No. IPR2016-1412, IPR2016-1746, IPR2017-1387, IPR2017-1263
In re Certain Hybrid Electric Vehicles (ITC): Trial counsel for Ford Motor Company in multi-patent investigation directed to hybrid electric vehicles. Settlement after trial. Case No. 337-TA-1042
I.E.E. International Electronics & Engineering, S.A. and IEE Sensing, Inc. v. TK Holdings Inc. and Takata-Petri A.G. (Summary Judgment – E.D. Michigan): Successfully defended IEE companies in patent infringement suit relating to capacitive occupant sensors. Obtained summary judgment of non-infringement of four asserted patents. Case concluded in a favorable settlement for our client in the amount of $1.1 Million. Case No. 10-cv-13487
RawCar Group, LLC v. Grace Medical et. al. (Jury Trial – S.D. California): Successfully represented plaintiff in patent infringement action on two patents. Court found both patents valid and infringed on summary judgment. At trial, jury awarded damages and found defendants willful. Case No. 13-cv-01105
GeoTag, Inc. v. Domino’s Pizza Inc. (Summary Judgment – E.D. Texas): Successfully defended Domino’s Pizza in a patent infringement action in East Texas which also involved over 600 defendants. 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 different grounds. Case No. 10-cv-0572
Omega Patents, LLC v. General Motors LLC and OnStar, LLC (Settlement – N.D. Georgia): Lead counsel for GM and OnStar in successful resolution of case. Case No. 12-cv-01192
Lear Corporation v. TS Tech USA Corporation, et al. (Settlement – S.D. Ohio): Lead counsel for Lear in action for enforcement of Lear patents. Case No. 11-cv-00245
Qaxaz v. BMW of North America, LLC, et al. (Settlement – D. Delaware): Lead counsel for Ford in successful resolution of patent claim. Case No. 11-cv-491
Tenneco Automotive Operating Company, Inc., v. Kingdom Auto Parts; Prime Choice Auto Parts (Federal Circuit): Lead counsel for Kingdom Auto Parts on appeal where Kingdom`s district court victory was affirmed. Case No. 08-cv-2276; 09-cv-1920
Latentier, LLC v. International Paper Co. (Summary Judgment – E.D. Wisconsin & Federal Circuit): Lead counsel for International Paper in successful defense of patent infringement action. Case No. 08-cv-501
Great American Restaurant Company v. Domino’s Pizza (Jury Trial – E.D. Texas): Lead counsel for Domino`s in successful defense of various trademark claims relating to Domino`s sale of its Brooklyn-style pizza. Plaintiff withdrew claims during trial. Case No. 07-cv-00052
In re Certain Automotive Parts (ITC): 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. Inv. No. 337-TA-651
Nartron Corporation v. Borg Indak (Federal Circuit): 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. Case No. 12-cv-1292
ST Sales Tech Holdings, LLC v. Ford Motor Company (Summary Judgment – E.D. Texas): Lead counsel for Ford in successful defense of patent infringement action. Case No. 6-07-cv-346
z4 Technologies v. Microsoft Corp. (Federal Circuit): 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. Case No. 507 F.3d 1340
Ford Motor Company and Greenleaf LLC v. Technology Solutions Company (Jury Trial – Wayne County Circuit Court ): Obtained a $2.3 million dollar verdict and judgment on behalf of Ford and a former Ford subsidiary in a breach of warranty action against a software supplier. Case No. 01-123853-CK
AgentWare Systems, Inc. v. Ford Motor Company (Jury Trial – E.D. Michigan): Defended Ford in trade secrets case relating to computer software for assembly line visualization. AgentWare sought $400 million from Ford in damages. The court and the jury found for Ford, rejecting AgentWare’s claims. Case No. 02-CV-71959 DT
UltraPrecision v. Ford Motor Company (Federal Circuit): On behalf of Ford, defeated unjust enrichment and inventorship claims. Case No. 411 F.3d 1369, 338 F.3d 1353
Juicy Whip Inc. v. Orange Bang, Inc. (Federal Circuit): Enforced Juicy Whip`s patent on beverage dispenser technology, including three successful precedent setting appeals, on issues of patent utility, invalidity standards, and damages. Case No. 382 F.3d 1367; 292 F.3d 728; 185 F.3d 1364
Robotic Vision Systems, Inc. v. View Engineering, Inc. (Federal Circuit): 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. Case No: 249 F.3d 1307; 208 F.3d 981
Benedict v. General Motors (Summary Judgment – E.D. Michigan): Successfully defended General Motors patent litigation in the Northern District of Florida with over $25 million at stake; patent was declared invalid on summary judgment. Case No. 01-cv-73026; 184 F. Supp.2d 11997
Omega Patents, LLC v. Lear Corp. (Settlement – M.D. Florida): Counsel for defendant Lear Corporation in patent infringement lawsuit involving vehicle remote start technology. The case concluded in a favorable settlement. Case No. 6-07-cv-1422
Education
J.D., University of Chicago
B.S., Mechanical Engineering, University of Michigan
Organizations & Affiliations
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 Association (MIPLA), Member
Recognitions
“Super Lawyers,” Super Lawyers, 2007-2026
“Lawyer of the Year,” Best Lawyers, 2013, 2016-2018, 2020-2022, 2024-2026
“IAM Patent 1000 Recommended Individual,” Intellectual Asset Management, 2014 – 2026
“The Best Lawyers in America,” Best Lawyers 2007-2027
“Leading Individuals,” Chambers USA, 2017-2026
“IP Star,” Managing Intellectual Property, 2013-2025
“IAM Strategy 300,”Intellectual Asset Management, 2021-2025
“Leading Individuals,” Chambers USA, 2017-2026
“Hall of Fame,” Michigan Lawyers Weekly, 2023
“Leading Lawyer,” Leading Lawyer Magazine, 2014-2019, 2025
“Michigan Litigator of the Year,” Managing Intellectual Property, 2015-2017
“Leader in the Law,” Michigan Lawyers Weekly 2015
“Top Lawyer,” DBusiness Magazine, 2009, 2011-2013, 2015-2017, 2019-2021, 2026
“Legal 250 IP Law,” Michigan Lawyers Weekly, 2026
Presentations
Panelist, “Alice & Mayo: How CAFC & District Courts Treat 101 Absent Congressional Intervention,” Patent Masters™ Litigation 2021, IPWatchdog, June 2021
Moderator, “State of Play: Who Owns What and What are the Implications,” Auto IP Event, Intellectual Asset Management and Brooks Kushman P.C., September 2020
Co-Presenter, “2018-2019 Supreme Court Intellectual Property Review” BK Webinar, July 2019
Panelist, “IAM Boardroom: PTAB,” Intellectual Asset Management, Chicago, IL, May 2018
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
Publications
Co-Author, “Redrawing the Obviousness Standard: Graham Factors Overrule Rosen-Durling for Design Patents,” Brooks Kushman Client Alerts, May 2024
Co-Author, “Current Lighting Wins at Patent Trial and Appeal Board,” Brooks Kushman Client Alerts, October 2023
Co-Author, “Domino’s Pizza $2.7 Million Attorneys’ Fee Award Upheld on Appeal,” Brooks Kushman Client Alerts, September 2023
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
