Find Lawyers in Southfield, Michigan for Litigation - Intellectual Property
Practice Area Overview
IP is protected by specific laws relating to patents, trademarks, copyrights, and trade secrets; these laws acknowledge an innovator’s ownership of his or her novel creation and give that innovator the exclusive right, for a defined period of time, to use and benefit from it.
Litigation of IP matters takes several forms. One involves patents, which cover inventions on designs and products, as well as the processes through which they are manufactured or used. Patent infringement refers to the unauthorized use of a patented invention, at which point litigation can arise. A “Hatch-Waxman” litigation is a particular kind of patent dispute involving generic versus brand pharmaceutical products and processes and infringement of the patent(s) covering these.
Trademarks and copyrights also can be infringed. A trademark can be a symbol, logo, word, sound, color, or name that identifies the source of a product and distinguishes it from that of others. Copyrights protect works of authorship, such as writings, music, and art. Copyrights and trademarks grant holders exclusive rights to use their works, and an unauthorized use can lead to litigation. Trade secrets are information that companies keep secret to give them an advantage over competitors. Misappropriation of trade secrets is a typical litigation scenario when such information is taken without authority.
Licensing disputes can arise that relate to any of these protections. A licensing agreement is essentially a contract between an IP rights owner and an entity authorized to use such rights, usually in exchange for an agreed upon fee or royalty. The extent to which parties do or do not follow the terms of that contract often engenders this type of litigation.
Other kinds of IP litigation can include variations of the above, including trademark dilution, “cybersquatting,” pirated and “knock-off” commercial goods, domain name disputes, domestic and foreign customs seizures, and unfair competition.
IP assets are a valuable foundation of any successful venture, so when unauthorized use occurs, disputes are bound to arise.
Corporate Law & Commercial Litigation Legal Guide 2023View Legal Guide
Frank’s practice focuses on intellectual property litigation. Frank has successfully tried patent, trademark, trade secret and copyright cases in Federal Courts nationwide, the Courts of Appeals for the Sixth and Federal Circuits, and the International Trade Commission. As a registered patent attorney, Frank is authorized to practice before the U.S. Patent and Trademark Office. Frank has been lead counsel for a wide variety of clients, from individuals to major corporations, in intellec...
Mark is one of the founders of Brooks Kushman and has served as the President since 2007. Under his stewardship, the firm has grown from 50 to over 80 lawyers, patent agents, and technical specialists. He was instrumental in opening our Los Angeles office and in expanding our practice nationally and internationally. In his intellectual property litigation practice, Mark has handled major litigation in all technology areas and tried cases relating to patents, trademarks, trade secrets and copy...
John joined Brooks Kushman in 1999. His focus is federal patent litigation and appeals in the software, electrical, and mechanical arts. He holds an M.S. degree in Electrical Engineering, a B.S. degree in Mechanical Engineering. He litigates patent cases nationwide. He is admitted to practice before the Federal Circuit Court of Appeals, the Sixth Circuit Court of Appeals, and U.S. District Courts in Delaware, California, Texas, Illinois, Florida, Massachusetts, Michigan, and Wisconsin. John i...
Marc is the Co-Chair of Brooks Kushman’s intellectual property litigation practice. He has been instrumental in building, developing, and growing the team. Throughout his career, Marc has successfully tried patent, trademark, trade secret and copyright cases in Federal Courts nationwide, the Federal Circuit Court of Appeals, and the International Trade Commission. Marc has extensive litigation experience from jury selection; presenting opening statements; examining (direct and cross) fa...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.