Best Law Firms Rankings

Brooks Kushman P.C.

2 National Rankings & 4 Metro Rankings  |  Client Confirmed  |  Website

Significant Matters

  • 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. Summary Judgment on all patents were affirmed on appeal. Court later awarded $2.7M in fees to Domino’s.  Team Members Include: Frank Angileri, Thomas Cunningham, John Rondini

 

  • 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. The judgement was affirmed on appeal. Team Members Include: Marc Lorelli and Frank Angileri

 

  • Mag Automotive LLC V. Gadra Enterprises, Inc. (Summary Judgment – E.D. Michigan): Represented defendant Gadra in a trademark infringement matter relating to a numbering system on automotive equipment parts. Convinced the court that plaintiff did not have any enforceable trademark rights as the asserted trademarks were functional and had no secondary meaning, and the Court granted Summary Judgment  for Gadra. Also convinced the Court to deny Plaintiff Mag Automotive’ s  motion for Summary Judgment on Gadra’s counterclaims alleging false advertising, business and product disparagement, and tortious interference with business relationships and allow those claims to go to trial. The matter settled before trial. Team Members Include: Mark Cantor, Rebecca Cantor, and Marc Lorelli 

 

  • TMC Fuel Injection System, LLC v. Ford Motor Company (Summary Judgment – E.D. Pennsylvania) Lead counsel for defendant Ford in a patent infringement action involving automotive fuel injection systems. Lead counsel for numerous inter partes reviews filed by Ford based on obviousness. Ford used the proceedings before the Patent Office to encourage the district court to construe the claims similarly and grant summary judgment in Ford’s favor. Obtained affirmance on appeal to the Federal Circuit.  Team Members Include: Marc Lorelli and Frank Angileri

 

  • JTEKT Corp. V. GKN Automotive Ltd. The Federal Circuit Court of Appeals found in favor of Brooks Kushman’s client GKN Automotive Ltd. (GKN) on the issue of standing after Inter Partes Review (IPR).  Brooks Kushman shareholder Linda Mettes argued to the Federal Circuit that IPR petitioner JTEKT failed to establish the requisite Article III standing required to pursue an appeal of the PTAB decision against it.  The Federal Circuit agreed and dismissed the appeal in a precedential opinion.The Patent Trial and Appeal Board (PTAB) found that JTEKT Corp. failed to prove the obviousness of two claims related to GKN’s patent, U. S. No. 8,215,440. Brooks Kushman shareholder Sangeeta G. Shah and Kristin L. Murphy led the IPR team that resulted in this favorable PTAB decision that confirmed the patentability on important technology involving drivelines switchable between a four-wheel mode and a two-wheel mode.  This technology is instrumental to GKN Automotive’s all-wheel drive Twinster ® technology.   Team members include: Sangeeta G. Shah

 

  • 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. Team Members Include: Frank Angileri, Marc Lorelli, John Rondini, Andrew Turner, Sangeeta Shah, John Nemazi

 

  • Innovation Ventures, LLC d/b/a Living Essentials, v. N.V.E., Inc. (Jury Trial – E.D. Michigan): Represented Plaintiff Living Essentials in trademark infringement action involving plaintiff’s 5-Hour ENERGY trademark. The jury found that Defendant N.V.E.’s sale of a competing product named “6 Hour Power” infringed Plaintiff’s trademark and awarded $10.6 million in damages. The jury also awarded an additional $11.5 million in disgorgement of N.V.E.’s profits and fully rejected N.V.E.’s $60 million false advertising claim.  Team members include: Mark Cantor, Marc Lorelli, Chanille Carswell, Thomas Cunningham

 

  • 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.  Team members include: Frank Angileri and Thomas Cunningham

 

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