Frank A. Angileri Shareholder, Co-Chair Post-Grant Proceedings Michigan Office P (248)

Transcription

1 Frank Angileri Brooks Kushman Frank A. Angileri Shareholder, Co-Chair Post-Grant Proceedings Michigan Office P (248) fangileri@brookskushman.com 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 intellectual property and commercial litigation matters. His litigation experience spans across various technologies and industries including, automotive, consumer electronics, industrial technologies, food and beverage, and home appliances. Frank is also the Co-Chair of Brooks Kushman`s Post Grant Proceedings practice. He works with clients to challenge or defend patents via the new administrative trial procedures created under the America Invents Act (AIA). In addition to counseling clients, he has been a vital component to developing Brooks Kushman`s Post Grant Proceedings practice by mentoring and training other attorneys. Frank also serves on the Board of Directors for Challenge Detroit, a revitalization effort designed to attract and retain new talent into the City of Detroit. Practice Areas & Industries Post-Grant Review 1 of 8 10/7/16 3:20 PM

2 Consumer Products Covered Business Methods Ex Parte Reexamination Inter Partes Review IT Services & Solutions Litigation Overview Electrical & Computer Technology Life Science & Medical Device Food & Beverage Commercial Litigation Industrial Manufacturing Patent Litigation Trademark & Copyright Litigation Automotive Education J.D., University of Chicago B.S., Mechanical Engineering, University of Michigan Representative Matters I.E.E. International Electronics & Engineering, S.A. and IEE Sensing, Inc. v. TK Holdings Inc. and Takata-Petri A.G., Case No. 10-cv (E.D. Michigan 2015) Successfully defended IEE companies in patent infringement suit relating to capacitive occupant sensors. Obtained summary judgment of non-infringement of four patents asserted against IEE. Case concluded in a favorable settlement for our client in the amount of $1.1 Million. GeoTag, Inc. v. Domino s Pizza Inc, Case No. 10-cv-o572 (E.D. Tex 2014) Successfully defended Domino s Pizza in a patent infringement action in East Texas. Plaintiff brought suit against over 600 defendants for patent infringement. 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 difference grounds. Omega Patents, LLC v. General Motors LLC and OnStar, LLC, Case No. 12-cv-01192, (N.D. Georgia 2012). Lead counsel for GM and OnStar in successful resolution of case. 2 of 8 10/7/16 3:20 PM

3 Lear Corporation v. TS Tech USA Corporation, et al., Case No (S.D. Ohio 2011). Lead counsel for Lear in action for enforcement of Lear patents. Qaxaz v. BMW of North America, LLC, et al., Case No (D. Del. 2011). Lead counsel for Ford in successful resolution of patent claim. Tenneco Automotive Operating Company, Inc., v. Kingdom Auto Parts; Prime Choice Auto Parts, Case No , , U.S. Court of Appeals for the Sixth Circuit (2010). Lead counsel for Kingdom Auto Parts on appeal where Kingdom`s district court victory was affirmed. Latentier, LLC v. International Paper Co., 725 F.Supp.2d 795; 2010 WL , (E.D. Wis.) (NO. 08-C-501). Lead counsel for International Paper in successful defense of patent infringement action. Great American Restaurant Company v. Domino`s Pizza, Case No. 07-cv-00052, 2008 U.S. Dist. LEXIS (E.D. Texas April 21, 2008). Lead counsel for Domino`s in successful defense of various trademark claims relating to Domino`s sale of its Brooklyn-style pizza. In re Certain Automotive Parts, 337-TA-651, U.S. International Trade Commission (2009). Lead counsel for Ford Motor Company in its successful enforcement of eight design patents, covering automotive parts for 2005 Ford Mustang, against seven foreign and domestic manufacturers and distributors of aftermarket parts. Nartron Corporation v. Borg Indak, 2009 WL (Fed. Cir. 2009). Lead counsel for Nartron on appeal, where the U.S. Court of Appeals for the Federal Circuit reversed a lower court and found for Nartron on Borg Indak`s challenge to inventorship. ST Sales Tech Holdings, LLC v. Ford Motor Company, Case No. CIV.A. 6:07-CV-346, (E.D. Texas March 14, 2008). Lead counsel for Ford in successful defense of patent infringement action. z4 Technologies v. Microsoft Corp., 507 F.3d 1340 (Fed. Cir. 2007). Argued appeal where the U.S. Court of Appeals for the Federal Circuit affirmed a $140 million judgment in favor of client z4 Technologies. Microsoft sought certiorari before dismissing its Petition. In re Certain Automotive Parts, 337-TA-557, U.S. International Trade Commission; United States Court of Appeals for the Federal Circuit ( ). Successfully enforced seven design patents, covering automotive parts for the 2004 Ford F-150, against six foreign and domestic manufacturers and distributors of aftermarket parts. Domino`s Pizza PMC v. Caribbean Rhino, Inc., 453 F.Supp.2d 998 (E.D. Mich. 2006). Successfully enforced Domino`s trademarks rights relating to improper use of pizza cards. 3 of 8 10/7/16 3:20 PM

4 Hewlett-Packard Company v. SBC Technology Resources, Inc.; SBC Technology Resources, Inc. v. Inrange Technologies Corp., et al. Successfully enforced SBC patents, covering storage network technology, against various manufacturers. Ford Motor Company and Greenleaf LLC v. Technology Solutions Company. Obtained a multi-million dollar verdict and judgment on behalf of Ford and a former Ford subsidiary in a breach of warranty action against a software supplier. AgentWare Systems, Inc. v. Sandalwood Enterprises, Inc, Smart Factory Software, Inc., ARKK Engineering, Inc., Erich Mau, Diane Moore, Kevin Kerwin, and Ford Motor Company. Obtained a defense verdict on a breach of contract claim, and summary judgment on thirteen other counts in a case where the plaintiff sought $400 million. UltraPrecision v. Ford Motor Company, 411 F.3d 1369 (Fed. Cir. 2005); 338 F.3d 1353 (Fed. Cir. 2003). On behalf of Ford, defeated unjust enrichment and inventorship claims. Soltech, Inc. v. StrandTek International, Inc. Enforced Owens Corning subsidiary`s patent relating to insulation structure for dishwashers. Juicy Whip Inc. v. Orange Bang, Inc., 382 F.3d 1367 (Fed. Cir. 2004); 292 F.3d 728 (Fed. Cir. 2002); 185 F.3d 1364 (Fed. Cir. 1999). Enforced Juicy Whip`s patent on beverage dispenser technology, including three successful precedent setting appeals, on issues of patent utility, invalidity standards, and damages. Robotic Vision Systems, Inc. v. View Engineering, Inc., 249 F.3d 1307 (Fed. Cir. 2001); 208 F.3d 981 (Fed. Cir. 2000). Successfully defended View Engineering against nine asserted patents relating to laser scanning technology. Obtained precedent setting Rule 11 sanctions and award of attorneys` fees on behalf of defendant client. Organizations And Affiliations Founding President, Michigan Intellectual Property Inn of Court Intellectual Property Owner s (IPO) Association Trade Secrets Committee PTAB Bar Association Federal Bar Association Federal Circuit Bar Association Licensing Executives Society (LES) 4 of 8 10/7/16 3:20 PM

5 American Intellectual Property Law Association Michigan Intellectual Property Law Association Recognitions Michigan Litigator of the Year, Managing Intellectual Property, 2015 Best Lawyers in America, Leader in the Law, Michigan Lawyers Weekly 2015 IP Star, Managing Intellectual Property, Michigan Super Lawyers, Intellectual Property, Top Lawyer, DBusiness Magazine, 2009, , Press Releases Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars Thursday, September 15, 2016 SOUTHFIELD, Mich. Brooks Kushman is pleased to announce that several of the firm s attorneys have been named to the 2016 Super Lawyers and Rising Stars list for their work in intellectual property law. The annual listing honors outstanding lawyers from more than 70 practice areas who have attained a high degree of peer... Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America Wednesday, August 17, 2016 Southfield, Mich. -Brooks Kushman President Mark Cantor, and Shareholders Frank Angileri, Marc Lorelli, John LeRoy, Elizabeth Janda, Thomas Lewry and John Nemazi have been selected for inclusion in the 23rd edition of The Best Lawyers in America. Brooks Kushman attorneys were recognized as 2017 Best Lawyers across a variety of intellectual property (IP) practice areas, including: Mark Cantor IP Litigation,... Brooks Kushman Recognized as Gold-Standard Firm in Patent 1000 Listing for Third Consecutive Year Monday, June 06, 2016 SOUTHFIELD, Mich. For the third consecutive year, Brooks Kushman has been listed as a 5 of 8 10/7/16 3:20 PM

6 gold-standard patent firm in Intellectual Asset Management s (IAM) annual Patent 1000 guide. The Patent 1000 recognizes the world s top patent law firms and practitioners in key jurisdictions. Of six Michigan firms listed in the directory,... 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 Wednesday, July 06, 2016 In Cuozzo Speed Techs., LLC v. Lee,[1] the U.S. Supreme Court rejected the patent owner s challenge to the U.S. Patent and Trademark Office s implementation of the Leahy-Smith America Invents Act s new post grant proceedings. The Court held that Cuozzo could not challenge the Patent Trial and Appeal Board s decision to... USPTO Issues Scaled-Down Revised Rules For PTAB Trials Tuesday, April 05, 2016 On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised rules arise from comments received from practitioners over the last two years that existing PTAB procedures put patent owners at... Federal Circuit Judges Voice Concern Over PTAB Practice of Denying AIA Petitions Based on Redundancy Monday, December 07, 2015 In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered redundant of other grounds in a petition. The USPTO conceded that it uses redundancy to control its docket without substantive review of the grounds presented in a petition,... Media Coverage Brooks Kushman Shareholder Featured in Bloomberg BNA Tuesday, August 16, 2016 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... 6 of 8 10/7/16 3:20 PM

7 Brooks Kushman Shareholders mentioned in Law360 Monday, November 23, 2015 A Law360 article ( Ford wins PTAB challenge over hybrid vehicle tech ) on Ford Motor Company s victory at the Patent Trial and Appeal Board (PTAB) featured Brooks Kushman Shareholders Frank Angileri, Sangeeta Shah, John Nemazi, John Rondini and Erin Bowles. The matter at stake was Ford Motor Company s recent inter partes review... Ford Wins More Hybrid Vehicle Patent Appeal Board Reviews- Brooks Kushman Tuesday, November 10, 2015 Brooks Kushman Shareholders Frank Angileri, John Nemazi, John Rondini and Christopher Smith were mentioned in Law360 s November 10, 2015 article, Ford Wins More Hybrid Vehicle Patent Appeal Board Reviews. The article discusses the Brooks Kushman intellectual property litigation team s recent successful request for four different inter partes reviews (IPR) of a... Publications Supreme Court s Cuozzo Decision Endorses AIA Trial Proceedings, But Preserves Key Roles for both the PTAB and Federal Courts in Patent Disputes Wednesday, July 06, 2016 In Cuozzo Speed Techs., LLC v. Lee,[1] the U.S. Supreme Court rejected the patent owner s challenge to the U.S. Patent and Trademark Office s implementation of the Leahy-Smith America Invents Act s new post grant proceedings. The Court held that Cuozzo could not challenge the Patent Trial and Appeal Board s decision to... Presentations Brooks Kushman Shareholder to Discuss Securing 360-degree Protection at IP in the Auto Industry Conference Thursday, April 28, 2016 Southfield, Mich. - Brooks Kushman Shareholder Frank Angileri will serve on a panel at the IP in the Auto Industry conference on May 3, The conference provides IP legal professionals working in the auto industry with greater insight into the strategies and operational efficiencies to maintain a competitive edge. Angileri... Brooks Kushman Shareholder to Discuss IP Litigation at InsideCounsel 7 of 8 10/7/16 3:20 PM

8 SuperConference Thursday, May 07, 2015 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... Brooks Kushman Hosts Intellectual Property Presentations at Accelerate Michigan Innovation Competition Wednesday, October 29, 2014 SOUTHFIELD, Mich. To help start-up companies understand the importance and value of intellectual property (IP), Brooks Kushman Shareholders Frank Angileri and Sangeeta Shah will host an IP panel at the Accelerate Michigan Innovation Competition, which the firm is also sponsoring. Angileri and Shah`s panel will take place on November... COPYRIGHT 2016 BROOKS KUSHMAN P.C. BKPOSTGRANT.COM - SITEMAP - RESOURCES - LEGAL DISCLAIMER - ATTORNEY LOGIN 8 of 8 10/7/16 3:20 PM