Intellectual Property Litigation

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  • Attorneys

850+

Handled patent and trademark cases

160+

Appeals with the Federal Circuit

170+

PTAB Matters

Expert Intellectual Property Attorneys Delivering Legal Excellence

With a combination of technical know-how, legal skills, and a client-focused approach, Brooks Kushman is a national leader in IP litigation. Our IP litigation lawyers have earned a reputation for successfully handling complex cases through creative and innovative strategies, including cases involving some of the most recognizable brands in the world.

We believe in giving each company we work with a team of IP professionals carefully chosen to support the specific needs of their business. This ensures our clients work with people who have the right balance of talent and skills to put them at a strategic advantage, whether they’re trying to resolve a matter out of court or arguing a case before a judge.

Our IP litigation lawyers represent companies as both plaintiffs and defendants with experience trying cases before:

  • Federal District Courts nationwide
  • The Federal Circuit Court of Appeals
  • The U.S. Patent Trial and Appeal Board (PTAB)
  • The Trademark Trial and Appeal Board (TTAB)
  • The International Trade Commission (ITC)

Patent Litigation

For new inventions, scientific developments, and processes, a patent is intended to help protect those innovations. The majority of the members of our patent litigators entered the legal profession with backgrounds in engineering, giving them a strong understanding of both the technical and the legal sides of the cases they work on. They also have deep insights for the industries our clients work in, which allows them to work closely with clients to help them reach their business and R&D goals.

High-Stakes Mastery: Patent Litigation Attorneys Secure Legal Triumphs

This combination of technical and legal experience has brought the Brooks Kushman patent litigation practice national recognition for successfully handling high-stakes cases. We are sensitive to the pressures our clients face while managing legal costs, and our patent litigation attorneys use processes designed to improve efficiency every step of the way without losing sight of client needs, from initial case assessments and discovery through settlement negotiations, summary judgements, and litigation.

Trademark and Copyright Litigation

Protecting copyrighted and trademarked material is more important than ever before. Things like logos, branding, domain names, and product packaging are all things that consumers recognize as being distinct parts of your business and infringements on that IP can result in both financial and reputational damages. A comprehensive strategy is essential to protect your copyrights and trademarks both within the United States and around the world.

As the laws regarding trademarks and copyrights evolve, we are on top of the latest developments, ready to adapt strategies as needed to effectively protect and enforce copyrights and trademarks through litigation and through out-of-court resolutions and to protect companies against infringement claims. Our copyright and trademark litigators have extensive experience prosecuting and defending all types of trademark-related actions, including:

  • Infringement of Federally Registered Trademarks
  • Infringement of Common Law Trademarks
  • Trademark Dilution
  • Trade Dress
  • False Advertising
  • Right of Publicity
  • Trade and Product Disparagement
  • Unfair Competition
  • Opposition, Cancellation, and Other Administrative Proceedings

TTAB Litigation

When a Trademark Examiner refuses a registration, or when there is a dispute over a registration, the matter is taken to the USPTO Trademark Trial and Appeal Board (TTAB). Unlike many other firms who tout experience at the TTAB, we have successfully tried cases to completion and defended the results before the Federal Circuit.

We are experienced in all aspects of TTAB proceedings, including:

  • Preliminary notice and answer
  • Settlement conferences
  • Initial, expert, and pretrial disclosures
  • Creation and analysis of expert testimony and reports
  • Trial
  • Trademark opposition and cancellation proceedings
  • Ex parte appeals of final refusals issued by the Trademark Examiner
  • Concurrent Use Proceedings
  • Settlements via co-existence agreements and licensing agreements
  • Internet-related trademark matters, including domain name cybersquatters and content infringement claims

Our TTAB litigators have significant experience handling international trademark oppositions and cancellations, managing over 5,000 cases globally each year. We never take a one-size-fits-all approach to these cases. We work to understand the unique goals of every business we work with and act to help them reach those goals.

PTAB Litigation

The outcome of a post-grant challenge can have serious implications for a company. We fully understand the significance of these rulings and are in a unique position to help our clients navigate this complicated process. Our post-grant cases are strategically staffed with a blend of professionals that have extensive experience in patent prosecution and litigation. This allows us better to understand the prosecution history of asserted patents, and become more effective in technical arguments, procedural issues, and amending claims. We also work with our clients to coordinate efforts on parallel district court litigation and on appeals.

Between our legal expertise and strong understanding of technologies belonging to our clients, we know how to strategize and use available resources to protect patent portfolios, market opportunities, and a company’s bottom line. We offer a full range of PTAB litigation services, including:

  • Inter partes review
  • Post-grant review
  • Covered business methods
  • Reexaminations
  • Identifying, prioritizing, and pursuing or defending re-examination

Our track record of PTAB litigation success has made us leaders in this complex area of litigation.

Cases By Technology Area

Awards and Recognition

Insights

Articles

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Press Releases

Brooks Kushman Recognized by 2025 Chambers and Partners for Ninth Consecutive Year as Top Intellectual Property Firm

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Media Coverage

Determining Royalty Damages in Patent Litigation

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Publications

The Federal Circuit Opened ITC Enforcement to Companies with Foreign Manufacturing

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Publications

Litigation Year in Review: 2024 Intellectual Property Highlights

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Press Releases

Brooks Kushman Recognized as One of the Largest IP Law Firm in Michigan 2025

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Press Releases

Brooks Kushman Announces John Rondini and Christopher Smith Elected to Serve as Co-Chairs of Litigation

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Webinar

Year in Review: 2024 Intellectual Property Litigation

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Press Releases

Brooks Kushman Attorneys Honored as 2025 Leading Lawyers

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Press Releases

Brooks Kushman Announces Newest Shareholders Reza Roghani Esfahani, Fanqi Meng, and Dustin Zak

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Articles

The Fear of Partnering in Semiconductor Manufacturing: How to Mitigate Risk and Protect Your IP

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Press Releases

Three Brooks Kushman Attorneys Named as DBusiness “Top Lawyers” for 2025

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Press Releases

Brooks Kushman Ranked in the 2025 Best Law Firms List

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Media Coverage

Brooks Kushman’s Christopher Smith Featured in Law360 Interview for 2024 Intellectual Property MVP Recognition

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Press Releases

Christopher Smith Named to Law360’s MVPs of the Year for 2024

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Presentations

Hope Shovein and Erica Klazmer to Host Upcoming INTA Roundtable

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Articles

Function Over Form: Federal Circuit's New Guidance on Patent Claim Interpretation

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Press Releases

Five Brooks Kushman Attorneys Recognized in Best Lawyers: Ones to Watch

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Press Releases

Eight Brooks Kushman Attorneys Ranked As 2025 Best Lawyers; Frank Angileri Recognized As 2025 Lawyer of the Year

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Press Releases

Reza Roghani Esfahani Chosen as 2024 LCLD Detroit City Lead

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Press Releases

Nine Brooks Kushman Lawyers Named to 2024 Super Lawyers; Three Attorneys Honored As Rising Stars

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Presentations

Christopher Smith to Present at ACC CCU 2024 in Denver

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Press Releases

Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders Named “IP Stars”

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Press Releases

Brooks Kushman Attorneys Dustin Zak and Francesca Cusumano-Gibson Joining 2024-2025 Michigan Intellectual Property Inn of Court Executive Committee

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Press Releases

Brooks Kushman Recognized by 2024 Chambers and Partners for Eighth Consecutive Year as Top Intellectual Property Firm

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Client Alerts

Domino’s Pizza $2.7 Million Attorneys’ Fee Award Upheld on Appeal

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Press Releases

Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Seven Shareholders Named “IP Stars”

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Publications

An Update to "Marijuana and Patents: The Complicated Relationship Between Patent Rights and the Federal Criminalization of Marijuana"

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Publications

Human Creators vs. Generative AI: A Clash of Copyrights and Innovation

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Press Releases

Brooks Kushman President Frank Angileri Named 2023 Hall of Fame Honoree by Michigan Lawyers Weekly

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Press Releases

Brooks Kushman Announces Chelsea E. Pasquali as Newest Shareholder

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Press Releases

Brooks Kushman Welcomes Four New Associates, Expands Trademark, Patent Prosecution and Litigation Practice

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Press Releases

Brooks Kushman Shareholder Recognized as one of the 500 Most Powerful Business Leaders in Detroit

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Press Releases

Brooks Kushman Recognized as Gold-Standard Firm By 2022 IAM Annual Patent 1000 For The Ninth year In A Row; Eight Attorneys Recognized as Top Practitioners

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Press Releases

Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders Named “IP Stars”

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Presentations

Rachel Smith Presenting at ACC CCU 2022 in Nashville

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Client Alerts

In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases

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Press Releases

President Frank Angileri and CEO Sangeeta Shah Named in the IAM Strategy 300 as The World’s Leading IP Strategists

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Articles

2020 Supreme Court Intellectual Property Case Review

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Press Releases

Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year

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Client Alerts

Federal Circuit Upholds Validity of Design Patents for Automotive Replacement Parts

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Press Releases

Brooks Kushman Recognized by Chambers and Partners for Second Consecutive Year

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Press Releases

Brooks Kushman Shareholder Recognized as Michigan IP Litigator of the Year

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Client Alerts

Supreme Court to Consider Availability of Extraterritorial Patent Infringement Damages

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Press Releases

Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer

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Press Releases

Frank Angileri Named IP Litigator of The Year

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Media Coverage

Frank Angileri Featured in Bloomberg BNA

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Press Releases

Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America

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Press Releases

Brooks Kushman Attorneys Named "IP Stars" by Managing IP

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Presentations

Brooks Kushman Shareholder to Discuss Post-Grant Proceedings at IP Strategy Summit

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Publications

Brooks Kushman President Featured in X-ology Magazine

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Client Alerts

Supreme Court Orders Federal Circuit To Defer To District Court Factual Findings During Patent Claim Construction: Will Markman Strategies Change?

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Media Coverage

Brooks Kushman President Featured in Crain's Detroit Business

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Client Alerts

Courts Applying Gunn v. Minton Must Distinguish - Forward-Looking - From - Backward-Looking - Patent Issues

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Press Releases

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

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Press Releases

Brooks Kushman Successfully Defends Patent Infringement Case for Domino's Pizza in Landmark Patent Litigation Case

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Press Releases

Brooks Kushman Announces New Co-Chair of Litigation

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Media Coverage

Five Brooks Kushman Attorneys Recognized as 2015 Best Lawyers in America ®

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Press Releases

Brooks Kushman Recognized as Leader in Patent Prosecution and IP Litigation in BTI`s IP Outlook Report

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Publications

Recent Developments in Information Technology Law – Second Quarter 2014

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Press Releases

Brooks Kushman Win is Affirmed in Appeal for Infection Prevention Technologies LLC

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Media Coverage

Brooks Kushman Shareholder Discusses Patent Trolls in Crain's Detroit Business

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Press Releases

Brooks Kushman Adds Three Associates

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Media Coverage

Brooks Kushman Earns Gold Honors in Patent 1000 Listing

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Media Coverage

Brooks Kushman, four attorneys named ‘IP Stars' by Managing IP

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Publications

Recent Developments in Information Technology Law – First Quarter 2014

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Presentations

Brooks Kushman`s Shah Discusses Inter Partes Review as a Strategic Tool

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Press Releases

Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky

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Press Releases

Brooks Kushman Hires Four Associates as Patent Prosecution and Litigation Practices Grow

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Press Releases

Four Brooks Kushman Attorneys Recognized as “2014 Top Lawyers”

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Publications

New Resource: Recent Developments in Information Technology Law – Third Quarter 2013

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Press Releases

Brooks Kushman Announces Four New Attorneys; Further Expands Medical Device and Trademark Practice Groups

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Media Coverage

Four Brooks Kushman Lawyers Named to 2013 Super Lawyers List; Ten Attorneys Honored as Rising Stars

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Press Releases

Four Brooks Kushman Shareholders Named 2013 Managing Intellectual Property IP Stars

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Press Releases

Brooks Kushman's Cantor and Angileri Recognized as 2014 “Best Lawyers in America”

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Bravo Sports vs. Nothpole (US) LLC

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Publications

Egyptian Goddess: Filing Down the Design Patent Infringement Test to Ensure a Picture Is Worth a Thousand Words

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Press Releases

Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars

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Publications

The State of the Computer and Internet Law - 2008

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Press Releases

Brooks Kushman's John Halan Named to Lawrence Tech Advisory Board

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Publications

Patent Law Under Siege: What Does it Mean?

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Press Releases

NorthPole Companies Secure Summary Judgment Against Bravo Sports, Inc.

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Press Releases

Brooks Kushman Lawyers Named to 2007 Super Lawyers List

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Press Releases

Brooks Kushman Hires Industry Veteran Daniel Stock, Enhances Corporate Transactions Expertise

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Publications

Michigan SuperLawyers 2006

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Publications

The State of Computer & Internet Law 2006

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Presentations

Legal Issues for Michigan Professional Engineers Seminar

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Media Coverage

The American Law Journal recognizes Ernie Brooks as one of the nation's top litigators

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Press Releases

Brooks Kushman Secures $133 Million Jury Verdict Against Microsoft and Autodesk

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Presentations

Trade Secret Litigation

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Publications

Don't Let Others Trade Your Secrets

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Presentations

Trademark and Trade Dress Fundamentals

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Media Coverage

Fortune 250 Name Brooks Kushman as a Top 10 IP Firm

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Media Coverage

Brooks Kushman Listed as Top 10 IP Firm According to the Fortune 250

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Publications

Bringing Out the Big Gun: Invoking the Sherman Act in Patent Litigation

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Media Coverage

Go Abroad for Cheap Tunes? Global Sites Offer Cheap Music But Questionable Legal Issues

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Publications

Federal Circuit Overrules Longstanding "Adverse Inference" Rule

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Publications

Customs Brokerage Industry Narrowly Escapes Restructuring

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Presentations

Intellectual Property Breakout Session

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Publications

Protection of Slogans - Part of Everyday Speech and Related Issues

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Publications

Protection of Slogans - Part of Everyday Speech

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Media Coverage

Many See Patent Law as Last Big-Ticket Litigation Area

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Presentations

How to Manage an Intellectual Property Litigation

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Media Coverage

Novell Will Pay Some Legal Costs for Linux Customers (Update2)

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Media Coverage

RIAA Can't Subpoena Identities of File Traders, D.C. Cir. Says

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Presentations

Auditing Your Intellectual Property

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Presentations

Federal Court Rules and Procedures: Ethical Considerations

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Presentations

Proving, Protecting and Policing The Patented Invention

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Free Downloading Not Freeloading, College Students Say

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Media Coverage

Peace Offering for File Traders?

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Press Releases

Hilgraeve Inc. Wins $62.5 Million Settlement Against Symantec Brooks Kushman represented Hilgraeve in patent suit

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Media Coverage

Content Cops

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Media Coverage

Verizon Loses First Round With RIAA; ISPs Brace for More Subpoenas

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Publications

Settlement Negotiators Beware: Verbal Negotiations May Have Unintended Consequences

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Media Coverage

DMCA Creates Legal Exposure for Universities

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Media Coverage

Lawyer for MTU Student Says Grokster Decision Applies

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Shields v. Zuccarini: The Role of the Anticybersquatting Consumer Protection Act in Fighting Typosquatting

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Presentations

Overview of Claim Interpretation Under Markman

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Presentations

Pretrial Practice - Markman Hearings

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Presentations

Patenting or Copyrighting Software: Which to Choose

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Presentations

Doctrinal Trends in IP Litigation

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William Abbatt

Patent Prosecution & Patent Litigation

Michigan

Frank Angileri

Intellectual Property Litigation & Post-Grant Proceedings

Michigan

Cameron Anstess

Chemical/Materials Patent Prosecution & Litigation

Michigan

Rebecca Cantor

Patent, Trademark, Trade Secret Litigation, & Trademark Office Proceedings

Michigan

Mark Cantor

Shareholder & General Counsel

Michigan

Thomas Cunningham

Patent, Trademark, Copyright, & Trade Secret Litigation

Michigan

Francesca Cusumano-Gibson

Intellectual Property Litigation

Michigan

John Halan

Patent & Trade Secret Litigation & Post-Grant Proceedings

Michigan

Matthew Jakubowski

Chair of the Executive Committee, Patent Prosecution, Patent Litigation, Intellectual Property Agreement Drafting & Negotiation

Michigan

John LeRoy

Executive Committee Member

Michigan

Amy Leshan

Patent, Trademark, Trade Secret Litigation & Trademark Enforcement/Anti-counterfeiting

Michigan

Thomas Lewry

Chair Emeritus - Litigation

Michigan

Marc Lorelli

Co-Chair Litigation

Michigan

Yasmeen Moradshahi

Electrical/Mechanical Patent Prosecution & Litigation

Michigan

Chelsea E. Pasquali

Intellectual Property Litigation

Michigan

Abdulai Rashid

Patent Prosecution & Intellectual Property Litigation

Michigan

Reza Roghani Esfahani

Intellectual Property Litigation

Michigan

John Rondini

Co-Chair Cybersecurity, Co-Chair Litigation, & Post-Grant Proceedings

Michigan

Sangeeta Shah

President & Co-Chair Post-Grant Proceedings

Michigan

Christopher Smith

Co-Chair Litigation, Post-Grant Proceedings, Licensing, & Patentability Opinions

Michigan

Andrew Turner

Co-Chair Post-Grant Proceedings, Electrical, & Mechanical Patent Prosecution, Opinions

Michigan

Robert Tuttle

Patent, Trade Secret, Trademark Litigation & Post-Grant Proceedings

Michigan

Dustin Zak

Chemical/Materials Patent Prosecution & Online Enforcement

Michigan

Brooks Kushman
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