Publications

Client Alerts

USPTO Utility Patent Update Effective May 2025 – Accelerated Patent Issuance Timelines

Client Alerts

USPTO Design Patent Update Effective April 2025 – Suspension of Expedited Examination

Publications

On-Sale Bar Remains Unchanged Under AIA—But for How Long? Celanese Case Pushes Limits on U.S. Patent Law

Publications

The Federal Circuit Opened ITC Enforcement to Companies with Foreign Manufacturing

Publications

Comprehensive Guide to Patent Marking: Legal Principles, Methods, and Best Practices

Publications

Cybersecurity, Data Privacy & AI Compliance Highlights – A Year in Review and What’s Ahead for 2025 & Beyond

Publications

Litigation Year in Review: 2024 Intellectual Property Highlights

Publications

Bryan Hart Featured in The Patent Lawyer Magazine Highlighting the Potential Effect of PERA on Software Inventions

Client Alerts

New USPTO Requirements and Fees for IDS Practice

Client Alerts

2025 USPTO Trademark Fee Changes

Client Alerts

Final Rule on 2025 US Patent Fee Changes

Client Alerts

Brooks Kushman Secures Federal Circuit Affirmance for Ford Motor Company in Patent Dispute, Upholding PTAB Rulings that the Asserted Automobile Safety Patents are Unpatentable

Client Alerts

U.S. Patent and Trademark Office to Terminate After Final Consideration Pilot Program 2.0

Client Alerts

Brooks Kushman Secures Favorable Result at PTAB for Patent Owner Y. Evan Spero

Client Alerts

Redrawing the Obviousness Standard: Graham Factors Overrule Rosen-Durling for Design Patents

Client Alerts

Director Vidal Issues Favorable Ruling in Ford IPR

Client Alerts

Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company

Client Alerts

Current Lighting Wins at Patent Trial and Appeal Board

Client Alerts

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

Publications

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

Publications

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

Client Alerts

USPTO Transitions to eGrants from Paper Patents

Publications

The Impact of Bankruptcy on IP Licensor and Licensee Rights

Publications

Reza Roghani Esfahani’s Article Featured in the AIPLA Quarterly Journal Volume 50, Issue 3

Publications

Brooks Kushman Attorney Ben Stasa Published in The Licensing Journal

Publications

AI Article Published in The Patent Lawyer Magazine by Ben Stasa

Client Alerts

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

Client Alerts

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

Publications

The Overlap of Intellectual Properties in Product Design

Client Alerts

Arthrex Oral Arguments Suggest SCOTUS is Not Ready to Dismantle the IPR System

Client Alerts

Virginia Becomes Second State to Enact Comprehensive Data Protection Law

Publications

Brooks Kushman CEO Sangeeta Shah Published in ICLE on Boosting Diversity

Client Alerts

New USPTO Rules Coming by End of 2021 – Including Challenging Registrations for Non-Use

Client Alerts

Increased Trademark Fees at USPTO, Effective January 2, 2021

Client Alerts

The USPTO Recently Published a Final Rule on Fee Changes for Fiscal Year 2020

Client Alerts

CCPA Final Regulations Now In Full Effect

Client Alerts

Covered Business Method Patent Review Will End as of September 16, 2020

Publications

10 Things to Enhance Brand Protection at U.S. Borders and Ports

Publications

Strategies to Fight Black Hat Tactics on E-Commerce Platforms

Publications

What Patent Owners and Product Sellers Need to Know About Amazon’s Utility Patent Neutral Evaluation Procedure

Client Alerts

New USPTO Proposed Rule Addresses All-or-Nothing AIA Reviews, Patent Owner Reply Briefs, and Testimonial Evidence Standards in IPR, PGR, and CBM Proceedings

Client Alerts

The USPTO Issued a Second Notice of Extended Waiver for Patent Related Timing Deadlines Under the CARES Act

Publications

Brooks Kushman Shareholder John Rondini Published in Thomson Reuters Westlaw® Expert Analysis Publication

Client Alerts

USPTO Requires Brand Owner to Provide Email Address

Client Alerts

Supreme Court Rules that Proving Willfulness is not a Prerequisite to Recover Trademark Infringer’s Profits

Client Alerts

New USPTO Report Analyzes Impact of Guidance on Section 101 Patent Eligibility Standards

Client Alerts

No Red Light: Fed. Circuit Opens Door for Registration of Multi-Color Product Packaging

Client Alerts

The USPTO Issued A Notice of Waiver For Patent Related Timing Under The CARES Act

Publications

Brooks Kushman Shareholder Christopher Smith Published in The Licensing Journal

Client Alerts

First Data Breach Lawsuit Filed Based On California Consumer Privacy Act

Client Alerts

USPTO Publishes Updated Guidance on its 2019 Patent Eligibility Guidelines

Publications

The Countdown Begins on California’s “Internet of Things” Law

Publications

Practical Considerations for “Article of Manufacture” in Design Patent Law After Curver Luxembourg, SARL v. Home Expressions Inc.

Client Alerts

PTAB Designates Two New Precedential Decisions and One Informative Decision Regarding Discretion to Institute Inter Partes Review

Client Alerts

Federal Circuit Upholds Validity of Design Patents for Automotive Replacement Parts

Client Alerts

PTAB Releases New Update to the AIA Trial Practice Guide

Client Alerts

Supreme Court Rules Trademark Act Prohibition Against Registration of “Immoral” and “Scandalous” Trademarks Unconstitutional

Client Alerts

Federal Court Criticizes Qualcomm Licensing Methods for SEP Patents, Finds Antitrust Violations

Publications

Preparing for a potential breach – Tips for creating an Incident Response Plan

Publications

Jaguar Land Rover Limited’s Bold Strategy Pays Off: China Court Enjoins Manufacture and Sale of Copy Range Rover Evoque SUV

Client Alerts

U.S. Supreme Court Rules Copyright Registration Required to Sue for Infringement

Client Alerts

USPTO Issues Revised Guidance in Effort to Address Patent Eligibility Concerns

Client Alerts

In Win for Brooks Kushman Client Ancora Technologies, Federal Circuit Rules that Software Security Invention Is Patent-Eligible

Client Alerts

USPTO Proposes New Procedures to Expand Availability of Claim Amendments During AIA Post Grant Proceedings

Client Alerts

USPTO Adopts Federal Court Claim Construction Standard For All AIA Post Grant Proceedings

Client Alerts

Federal Circuit Clarifies IPR Procedures In Trio Of Cases

Publications

Analytics and AI Monthly: Vol. II – Maintenance Fee Management

Client Alerts

Supreme Court Rules That § 284 Permits Lost Profits Damages Based on Lost Foreign Sales

Client Alerts

Federal Circuit Tackles Post-SAS Procedural Tangles – Rules That Patent Owner May Request Remand, Did Not Waive Challenge to Partial Final Written Decision

Publications

Fixing Patent Eligibility by Limiting Scope to Disclosed Embodiments

Publications

Measures to Copy Competitor’s Patent Claims

Client Alerts

Supreme Court Upholds Constitutionality of IPR Proceedings, But Strikes Down Partial PTAB Final Written Decisions

Client Alerts

PTAB Designates Two New Informative Decisions Addressing Its Discretion to Deny Review under 35 U.S.C. § 325(d) Based on Prior Examination

Client Alerts

Supreme Court to Consider Availability of Extraterritorial Patent Infringement Damages

Client Alerts

Federal Circuit Rules that PTAB Rejection of IPR Time-Bar Defense is Reviewable

Client Alerts

USPTO Announces Fee Increases Effective January 16, 2018

Client Alerts

New PTAB “Informative” Decisions Support Denial of Institution When Grounds Were Considered Previously

Client Alerts

Federal Circuit Rejects Some USPTO Requirements for Amending Claims During IPR Proceedings

Client Alerts

Federal Circuit Shoots Down Eastern District of Texas Patent Venue Test

Client Alerts

PTAB Establishes Criteria Governing Follow-On Petitions for AIA Post Grant Proceedings

Client Alerts

Programmable Computer Memory Are Patent-Eligible

Client Alerts

Supreme Court Strikes Down Lanham Act’s Prohibition of Registration of Disparaging Trademarks

Client Alerts

AIA Inter Partes Review Proceedings Challenged

Client Alerts

Supreme Court To Review PTAB Practice Of Reviewing

Client Alerts

Authorized Product Sale Exhausts Patent Rights Worldwide

Client Alerts

Supreme Court’s TC Heartland Decision Impact

Client Alerts

Statements Made in IPR Preliminary Responses

Client Alerts

Federal Circuit Considers Offers For Sale Under AIA

Client Alerts

Supreme Court Expands Copyright Protection

Client Alerts

Laches Not A Defense To Patent Infringement Damages

Client Alerts

Exporting Single Part Doesn’t Violate Section 271(F)(1)

Client Alerts

Supreme Court Limits Design Patent Damages, Vacates Apple’s $399 Million Award Against Samsung

Client Alerts

Federal Circuit Firmly Rejects PTAB Criteria For Covered Business Method Review

Client Alerts

First Amendment Challenge to Lanham Act’s Bar

Client Alerts

Federal Circuit Reverses Course on Obviousness– Affirms Apple Victory in Smartphone Battle

Client Alerts

Federal Circuit Grants En Banc Review of PTAB Amendment Practice

Publications

Brooks Kushman Shareholder Featured in Detroit Legal News

Client Alerts

Supreme Court’s Cuozzo Decision Endorses AIA Trial Proceedings, But Preserves Key Roles for both the PTAB and Federal Courts in Patent Disputes

Client Alerts

Federal Circuit Rules That PTAB May Base AIA Trial Decision on Facts Outside Petition for Review

Client Alerts

Supreme Court Affirms “Broadest Reasonable Interpretation” Claim Construction Standard and Limited Appeals For AIA Trials

Client Alerts

Supreme Court Relaxes Standard for Willful Infringement – Higher Risk of Enhanced Damage Awards May Require Clients to Reassess Strategies

Client Alerts

“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016

Client Alerts

Supreme Court Hears Oral Arguments In First Appeal From AIA Post-Grant Proceeding: Justices Focus on Practical Consequences of Dual Claim Construction Standards

Client Alerts

USPTO Issues Scaled-Down Revised Rules For PTAB Trials

Client Alerts

Federal Circuit Okays PTAB Practice of Reviewing Fewer Than All Challenged Claims in IPR

Client Alerts

Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on “Redundancy”

Client Alerts

B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

Client Alerts

B&B Hardware – District Courts Consider Impact on Both Trademark and Patent Litigation

Client Alerts

PTAB Panel Allows Joinder of Multiple IPR Proceedings Filed by Same Petitioner, Sharpens Disparity Between Panels Interpreting 35 U.S.C. § 315(c)

Client Alerts

Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury

Client Alerts

USPTO Proposes New Rules For PTAB Trial Proceedings

Client Alerts

Federal Circuit Limits Divided Infringement Defense Precise Contours Of Direct Infringement Remain Uncertain

Client Alerts

Federal Circuit Judges Disagree On Correct Claim Construction Standard For AIA Post-Grant Proceedings, But Decline En Banc Review

Client Alerts

Supreme Court Declines To Overrule Brulotte Rule: Post-Expiration Patent Royalties Remain Unlawful

Client Alerts

Federal Circuit Panel Reaffirms Single Entity Rule – One Infringer Must Be Responsible For Performing All Steps Of Methods Claims

Client Alerts

Federal Circuit Panel Reaffirms “Single Entity Rule” – One Infringer Must Be Responsible For Performing All Steps Of Methods Claims

Publications

Brooks Kushman Shareholder Discusses Standing Issues Between Related Entities In Patent Cases In ACC Quick Counsel

Publications

Brooks Kushman President Featured in X-ology Magazine

Client Alerts

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

Publications

Brooks Kushman Senior Attorney Featured in Michigan Probate and Estate Planning Journal

Client Alerts

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

Publications

Brooks Kushman Attorneys Discuss Open Source Software Compliance

Client Alerts

The Federal Circuit’s VirnetX Ruling Continues Its Focus On Requirements For Proving Patent Damages

Client Alerts

The Federal Circuit’s VirnetX Ruling Continues Its Focus On Requirements For Proving Patent Damages

Publications

Recent Developments in Information Technology Law – Third Quarter 2014

Publications

Brooks Kushman Shareholder Molly Crandall Discusses Marijuana Industry Brand Protection in Law360

Publications

Brooks Kushman Associates Discuss Implications of Alice Corporation Pty. Ltd. v. CLS Bank International

Client Alerts

Alice Corporation Pty. Ltd. v. CLS Bank International

Publications

Recent Developments in Information Technology Law Second Quarter 2014

Publications

Brooks Kushman Shareholder Kristin Murphy discusses strategies for patent filing in MichBio article

Publications

Recent Developments in Information Technology Law First Quarter 2014

Publications

Brooks Kushman Shareholder reviews first year of First-Inventor-to-File Patent System in Law360

Publications

Cushion and Bowles Discuss Lessons Learned in the PTAB’s Final Decision on Group of Inter Partes Review Trials

Publications

Murphy and Rondini Review Liberty Mutual Covered Business Method Cases in Law360 Article

Publications

Outsourcing Manufacturing and the Pre-AIA On-Sale Bar

Publications

Kristin Murphy Shares Advice for Small Businesses Planning for the New Year

Publications

Preparing for Your Company’s Future – Defensive IP Due Diligence

Publications

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

Publications

New Resource: Recent Developments in Information Technology Law Second Quarter 2013

Publications

Brooks Kushman Shareholder Contributes Chapter to Intellectual Property Law 2013

Publications

New Resource: Recent Developments in Information Technology Law First Quarter 2013

Publications

Patent Protection

Publications

The “Secrets” to Maintaining a Sometimes Unrecognized Business Asset: Trade Secrets

Publications

The State of the Computer and Internet Law – 2010

Publications

How to Sell and License Post-Quanta

Publications

GFO: Disposal of a Power-Challenged Satellite with an Attitude (Control) Problem

Publications

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

Publications

Retail ambiance: is it protectable?

Publications

Declaratory Judgments – Trademark cases not immune from MedImmune: The potential for increased trademark infringement litigation?

Publications

The State of the Computer and Internet Law – 2008

Publications

Patent Law Under Siege: What Does it Mean?

Publications

Patent Licenses Versus Covenants Not to Sue: What Are the Consequences?

Publications

Trademarks in the Internet Age: Use of Trademarks by Search Engine Ad Programs

Publications

Protecting the Crown Jewels: Patent and Trademark Protection

Publications

Protecting the Crown Jewels: Intangible Company Assets – Trademark Protection

Publications

Michigan SuperLawyers 2006

Publications

The State of Computer & Internet Law 2006

Publications

Don’t Let Others Trade Your Secrets

Publications

Significant Patent Law Reform Legislation Pending

Publications

Protecting Trade Secrets: Steps Every Employer Should Know

Publications

Protecting Trade Secrets: Steps Every Trade Secret Owner Should Know

Publications

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

Publications

Federal Circuit Overrules Longstanding “Adverse Inference” Rule

Publications

Customs Brokerage Industry Narrowly Escapes Restructuring

Publications

Protection of Slogans – Part of Everyday Speech and Related Issues

Publications

Protection of Slogans – Part of Everyday Speech

Publications

The Provisional Priority Land Mine

Publications

The Secret of Trade Dress Protection

Publications

Settlement Negotiators Beware: Verbal Negotiations May Have Unintended Consequences

Publications

Restriking the Balance: The Uniform Computer Information Transactions Act (UCITA) and Reverse Engineering

Publications

Make Your Mark on Israel: Registering Your Trademark

Publications

Recent Developments in Computer Law (1990-2002)

Publications

What a Patentee Must Do to Prove Infringement and Damages of a Method Claim for Computer Software

Publications

Design and Assembly of a Flexible Cylinder Head Assembly Cell for Comparison to the Conventional Assembly Line

Publications

Wrongful Seizure Under the U.S. Trademark Counterfeiting Act

Publications

How Trademark Litigation Over Internet Domain Names Will Change After Section 43(d) of the Lanham Act

Publications

Taking an Aggressive Stance Against Counterfeiters: An Overview of Trademark Counterfeiting Litigation Under the Lanham Act

Publications

Recovery of Muscle Transfers Replacing the Total Plantarflexor Muscle Group in Rats

Publications

Patent Exemption for Medical Procedures: A Mixed Blessing

Publications

Patent Reexamination Reexamined

Publications

Block v. Rutherford: Pretrial Detainee Rights at Bat — Strike Two