Litigation Overview
Brooks Kushman has a long track record of success representing businesses and individuals in intellectual property and technology litigation. We win difficult cases because our attorneys have the training and background to thoroughly understand complex technical issues, the courtroom skills to take cases to trial – if necessary, and a client-focused approach to developing strategies and budgets to achieve every client’s unique goals. We have the expertise, skills, and experience to handle virtually any technology dispute.
Our approach to litigation is premised on a simple philosophy:
Our paramount goal in any litigation matter – large or small – is to work in partnership with our client to attain the best possible outcome at an acceptable cost. We staff cases with attorneys with the skills and experience to provide zealous representation. We keep our clients continually advised of the status of litigation matters. Because of the inherent uncertainties in the litigation process, no firm can guarantee complete success in every matter. But we can pledge to place our client’s interests first and to adopt strategies to win whenever possible.
Brooks Kushman’s intellectual property and technology litigation practice has been a cornerstone of the firm since its founding. We do not use a cookie-cutter approach to litigation. We confer with our clients to select the right team of professionals and the best strategy for each dispute, considering the complexity of the issue, technology, business objectives, and budget. In most situations, the litigation team is a cohesive group of lawyers and support professionals that will handle the project in a coordinated effort.
Our litigators are well-versed in the technical issues at the heart of modern IP and technology disputes. Most of our litigation attorneys have advanced technical degrees and have extensive experience in technical areas, including automotive, electronics, computer science, telecommunications, medical devices, chemical engineering, pharma and biotech, food and beverage, and materials science. We strive to staff litigation with attorneys possessing an educational background or work experience in each client’s technological field.
Brooks Kushman’s trial lawyers are courtroom-tested. We have successfully tried hundreds of cases before juries and judges, in federal and state courts, administrative bodies such as the Patent and Trademark Office and the International Trade Commission (ITC), Patent Trial and Appeal Board (PTAB), and in a myriad of foreign tribunals. We have successfully handled numerous appeals before the U.S. Court of Appeals for the Federal Circuit and other federal and state appeals courts. Additionally, we have extensive experience in handling Post-Grant Reviews (PGRs) and Inter Parties Reviews (IPRs) before the PTAB.
Litigation Practice Areas:
- Patent Litigation
- Trademark & Copyright Litigation
- Trade Secrets and Noncompetition
- Copyright
- Technology Licensing
- Open Source Software
- Technology-Related Commercial Litigation
Brooks Kushman Recognized By 2020 Chambers and Partners for Fourth Consecutive Year As Top Intellectual Property Firm
SOUTHFIELD, Michigan- Brooks Kushman is proud to announce the firm’s inclusion in Chambers and Partners guide of 2020 top intellectual property firms. In addition to the firm’s recognition, Chambers and Partners has also recognized the work of firm President Frank Angileri, naming him in the highest level, Band 1, for his litigation experience. “I am honored to be recognized and...
Brooks Kushman Recognized As Gold-Standard Firm in the IAM Patent 1000 For The Seventh Year In A Row; Seven Attorneys Recognized As Top Practitioners
SOUTHFIELD, Mich. – Brooks Kushman is proud to announce the firm is once again listed in Intellectual Asset Management’s (IAM) annual IAM Patent 1000 guide as a gold-standard firm, and that seven Brooks Kushman attorneys were recognized as top IP practitioners. The IAM Patent 1000 is a standalone publication that identifies individual and firm expertise...
Brooks Kushman Shareholder Marc Lorelli Named Michigan’s Outstanding Litigator of the Year
SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that Shareholder Marc Lorelli has been named Michigan’s Outstanding Litigator of the Year for 2020 by Managing IP. The Managing IP awards program is the one of the most comprehensive and widely respected IP awards events in the world. The research for these...
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
SOUTHFIELD, Mich. – Brooks Kushman is proud to announce that the firm has been ranked in the 2020 edition of Best Lawyers list of Best Lawyers. Brooks Kushman President Frank Angileri, and shareholders Mark Cantor, Elizabeth F. Janda, John S. LeRoy, Thomas A. Lewry, Marc Lorelli, John E. Nemazi, David Randall, and Sangeeta G. Shah were listed as 2020 “Best Lawyers...
Brooks Kushman Recognized As Gold-Standard Firm By IAM Annual Patent 1000 For the Sixth Year in a Row; Six Attorneys Recognized As Top Practioners
SOUTHFIELD, Mich. – Brooks Kushman, a leading intellectual property (IP) and technology law firm, is proud to announce the firm is once again listed in Intellectual Asset Management`s (IAM) annual Patent 1000, a guide that recognizes the world`s top patent law firms and practitioners in key jurisdictions. Michigan firms were first included in the...
Brooks Kushman Recognized by 2019 Chambers and Partners for Third Consecutive Year as Top Intellectual Property Firm
SOUTHFIELD, Michigan- Brooks Kushman, a leading intellectual property (IP) and technology law firm, is proud to announce the firm’s inclusion in Chambers and Partners guide of 2019 Top intellectual property firms. In addition to the firm’s recognition, Chambers and Partners has also recognized the work of firm President Frank Angileri, naming him in the highest level, Band 1,...
Frank Angileri Named Michigan IP Litigator of the Year
SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Managing Intellectual Property has recognized Frank Angileri as Michigan’s Outstanding IP Litigator of the Year. This award is based on rigorous and impartial research completed through interviews with local firms and corporations. 2019 marks the fourth year Angileri received the award, being named Michigan’s Outstanding Litigator...
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...
Brooks Kushman Recognized by Chambers and Partners for Second Consecutive Year
SOUTHFIELD, Michigan- Brooks Kushman, a leading intellectual property (IP) and technology law firm, is proud to announce the firm’s inclusion in Chambers and Partners guide of 2018 Top intellectual property firms. In addition to the firm’s recognition, Chambers and Partners has also recognized the work of shareholder Frank Angileri, naming him in...
Brooks Kushman Shareholder Recognized as Michigan IP Litigator of the Year
SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce that Managing Intellectual Property has recognized Shareholder John LeRoy as Michigan’s Outstanding IP Litigator of the Year. This award is based on rigorous and impartial research, as well as nominations from both within an attorney’s firm and from outside competitive firms. With over 15 years...
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...
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 Attorneys Named "IP Stars" by Managing IP
SOUTHFIELD, Mich. - Brooks Kushman is pleased to announce five of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property Magazine. This comprehensive guide to leading intellectual property (IP) firms and lawyers covers more than 80 countries. Brooks Kushman attorneys recognized as IP Stars by the publication are...
Brooks Kushman Shareholder Named Michigan IP Litigator of the Year by Managing IP
SOUTHFIELD, Mich.-Brooks Kushman is pleased to announce that Shareholder Frank Angileri was named Michigan’s IP Litigator of the Year by Managing Intellectual Property Magazine. The award is given each year during the publication’s North American Awards dinner.Angileri was also named in Managing IP’s “IP Stars” listing, a comprehensive guide to leading IP firms and...
Federal Circuit Upholds Validity of Design Patents for Automotive Replacement Parts
On July 23, 2019, the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”) issued a precedential opinion affirming summary judgment in a case that challenged the validity and enforceability of design patents related to the Ford F-150 hood and headlamp. The case, Automotive Body Parts Association v....
Supreme Court to Consider Availability of Extraterritorial Patent Infringement Damages
On January 12, 2018, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States, or whether a presumption against any extraterritorial reach of U.S. law excludes recovery for foreign injuries....
Federal Circuit Panel Reaffirms Single Entity Rule One Infringer Must Be Responsible For Performing All Steps Of Methods Claims
On May 13, 2015, the U.S. Court of Appeals for the Federal Circuit again considered the circumstances in which a defendant may be liable for direct infringement under 35 U.S.C. § 271(a) when multiple actors carry out the required steps of a patented process. In a sharply divided panel decision,...
Supreme Court Orders Federal Circuit To Defer To District Court Factual Findings During Patent Claim Construction: Will Markman Strategies Change?
On January 20, 2015, the U.S. Supreme Court handed down its first patent decision of the current term, rejecting the U.S. Court of Appeals for the Federal Circuit’s long-standing practice of reviewing district court patent claim construction rulings, including subsidiary findings, without deference. See Cybor Corp. v. FAS Techs., Inc.,...
Courts Applying Gunn v. Minton Must Distinguish - Forward-Looking - From - Backward-Looking - Patent Issues
One long-standing feature of the U.S. patent system is exclusive court jurisdiction over patent cases. Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit’s exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law nationwide. Since the...
The Federal Circuits VirnetX Ruling Continues Its Focus On Requirements For Proving Patent Damages
The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on reliable economic evidence and establish direct causation of loss.[1] In recent years, the Federal Circuit has issued...
Federal Circuit Court Won’t Revisit Design Patent Decision and Affirms Decision In Favor Of Brooks Kushman Trial Victory
SOUTHFIELD, Mich.– Brooks Kushman Shareholder Marc Lorelli was mentioned in Law360’s September 8, 2020 article, “Fed. Circ. Won'r Revisit Ford's Design Patent Win." The Federal Circuit has declined to examine a recent order finding that New World International Inc. (“New World”), Auto Lighthouse Plus LLC, and United Commerce Centers Inc., marketers...
Frank Angileri Featured in Bloomberg BNA
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Frank A. Angileri was featured in Bloomberg BNA’s August 11, 2016 article, “Federal Judge Shortages Take Toll on Business Litigation.” The article discusses the potential impacts of the Senate’s sluggish pace in filling federal judicial vacancies have on the ability to resolve key cases, including...
Brooks Kushman Shareholder to Discuss Post-Grant Proceedings at IP Strategy Summit
SOUTHFIELD, Mich. – Brooks Kushman Shareholder Sangeeta Shah will serve on a panel at the Centerforce IP Strategy Summit in Chicago on May 12, 2015. The panel will focus on the proceedings for challenging patents created by the America Invents Act (AIA) and understanding how to best utilize the processes for effective defensive and enforcement strategies. Shah...
Brooks Kushman Shareholder to Discuss IP Litigation at InsideCounsel SuperConference
SOUTHFIELD, Mich. - Brooks Kushman Shareholder Frank Angileri will speak to attendees of the 15th annual InsideCounsel SuperConference on May 13, 2015 in Chicago. This annual conference helps legal professionals of all levels become strategic partners within their organizations.Angileri will discuss strategies for businesses to prepare for intellectual property litigation that help reduce risks and gain proactive...
Year in Review: 2019 Intellectual Property Litigation
2019 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, 2020 promises even more changes, as the Supreme Court already...
2018/2019 Supreme Court Intellectual Property Review
The U.S. Supreme Court has concluded their term and continues to issue significant decisions affecting intellectual property. While the Court was relatively quiet on the patent side, they did issue a number of landmark copyright and trademark decisions. During this one-hour webinar, Frank Angileri and Chanille Carswell discussed the Court’s...
Managing High-Stakes IP Litigation
Intellectual property assets, including patents, copyrights, trademark, and trade secrets, represent critical assets in today’s marketplace. Over the last several years, IP litigation has changed drastically and includes administrative proceedings that play a significant role in shaping your litigation strategy. In this webinar, Brooks Kushman IP litigators discussed how to prepare...
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...