Brooks Kushman PC

IAM Research

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A Michigan-headquartered outfit with a national practice and international reputation, Brooks Kushman never fails to impress. “It offers more affordable rates than big market law firms but with a level of quality that is on par if not better than anything available elsewhere.” The ensemble has been on an excellent run of form in patent litigation and added a number of notable accomplishments to its résumé: Marc Lorelli and Frank Angileri secured a Federal Circuit affirmance of a summary judgment decision in favour of Ford against New World International, which was found to have wilfully infringed design patents related to hood and headlamps on the Ford F-150 truck. Getting in among the most complex issues, these two lawyers demonstrate exceptional clarity of strategic thought. John LeRoy is another senior litigator on deck and a favourite among automotive clients for support on matters involving standard essential patents. The prosecution side, meanwhile, has flourished; long-term patrons continue to select the group to steer their efforts in procuring business-critical patents. Masco Corporation works with Sangeeta Shah and Tiffany Fidler; Harman International calls on Martin Sultana; and Ford instructs Ben Stasa. As the CEO of Brooks Kushman, Shah has been tremendously successful in growing the firm’s influence beyond the Midwest; she has outstanding leadership credentials. So, too, Fidler, one of the youngest co-chairs – she co-heads the prosecution group. Sultana has a rich mix of drafting, negotiation and strategic thinking skills, and is a lawyer who “goes the extra mile for his clients and shows a genuine and sincere engagement in their business and innovation”. Stasa is as knowledgeable as anyone in the area of artificial intelligence. Another valuable name for the address book is Michael Brodbine, a key contact for several global entities, who tap his veteran expertise on strategic matters.

Firm Profile

Brooks Kushman PC is a full-service IP firm, serving clients nationally and internationally from offices in Michigan and California. With more than 90 IP professionals who specialise in various technical disciplines, we proudly represent many of the world’s largest corporations and major educational institutions, as well as small to medium-sized companies.

Brooks Kushman has earned a reputation over 30 years for providing leading IP strategy and counselling with a keen focus on clients’ business objectives. We work with clients around the globe and across many industries to protect, enforce and monetise their intellectual property, including patents, trademarks, copyright and trade secrets.

Our mission is to generate value for our clients’ businesses, which we achieve through superior IP counsel, supportive working relationships and the drive to earn our reputation every day.

Patent prosecution

Brooks Kushman operates one of the largest patent prosecution practices in the Midwest, harnessing the combined technical expertise and legal prowess of our experienced patent attorneys, who are trained in a variety of technical disciplines. Our attorneys strive to obtain the most effective and efficient patent protection for our clients, leveraging our vast technical experience across a wide array of sectors to secure patents for innovations involving mechanical, electrical, chemical, computer software, life sciences, biomedical and product design arts.

We have earned a reputation for being both tenacious and flexible before the USPTO, seeking the best possible protection while always keeping the client’s business objectives in mind.

IP litigation

Brooks Kushman’s skilled and experienced litigators are known for achieving outstanding results in a cost-efficient manner. We pursue litigation strategies that consistently deliver desired outcomes by focusing squarely on the key elements that will achieve positive results. Our attorneys take an aggressive, thorough and efficient approach to litigation, rejecting the expensive and wasteful ‘no stone unturned’ or ‘scorched earth’ approach sometimes favoured by other firms.

Representing both plaintiffs and defendants, we litigate patent infringement, trademark infringement and trade secret misappropriation cases before juries and judges in federal and state courts and administrative bodies such as the USPTO and the ITC. We have also handled dozens of appeals before the US Court of Appeals for the Federal Circuit and submitted amicus briefings in landmark cases before the US Supreme Court and the Federal Circuit.

Post-grant proceedings

We understand the intricacies and implications of post-grant challenges, how to staff them, what resources to deploy and the technical issues at the heart of each matter. Our attorneys know what it takes to prevail in inter partes reviews, ex parte re-examination, post-grant reviews and covered business method reviews.

When appropriate, we coordinate post-grant efforts with parallel district court litigation and appeals, always keeping in mind the effect that a decision can have on a patent portfolio, market opportunities and the bottom line. Preventively, our prosecution team develops and implements client-specific strategies to help insulate a patent portfolio from post-grant challenges. Our patent searchers track related post-grant proceedings, monitor patent filings from our clients’ competitors and search for and examine relevant prior art to anticipate potential future challenges and institute measures to minimise potential risk.

Broad perspective

Brooks Kushman attorneys hold numerous master’s and doctorate degrees in a wide range of technical disciplines, including chemical engineering, biomedical engineering, cellular and molecular biology, computer science and electrical and mechanical engineering. We bring this knowledge to bear as we work with clients across many different industries, including chemical and biotechnology, cybersecurity and privacy, construction and home improvement, consumer products, electrical and computer technology, e-commerce, food and beverage, IT services and solutions, life sciences, medical devices and mechanical and industrial manufacturing.

Further enhancing our perspective is a wealth of practical client-side experience: nearly one-third of our attorneys have served as in-house counsel and many others have worked as engineers before joining the firm.

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