Brooks Kushman Shareholder Discusses Standing Issues Between Related Entities In Patent Cases In ACC Quick Counsel

Team Contact: Christopher Smith

commercial-litigation
Patent Prosecution

SOUTHFIELD, Mich. – In a recent Association of Corporate Counsel (ACC) Quick Counsel article, Brooks Kushman Shareholder Christopher Smith discusses the enforcement of rights for patents held by an intellectual property holding company (IPHC).

According to the article, “Although IPHC’s can provide some structural and tax advantages, they can also complicate the way an organization enforces its intellectual property.”

Smith describes best practices to ensure organizations are able to fully enforce their patent rights by transferring exclusive rights from the IPHC to the operating entity. If only a company’s IPHC has standing to enforce a patent rather than the operating entity, damages will most likely be limited to a reasonable royalty, often a smaller award than lost profits.

Smith’s practice focuses on intellectual property litigation, with a primary emphasis on patent litigation. Additionally, he is involved with the prosecution of patent and trademark applications, and the preparation of invalidity and infringement opinions.

To read the full article, please visit the ACC website.

Keep Reading

Client Alerts

Final Rule on 2025 US Patent Fee Changes

Press Releases

Three Brooks Kushman Attorneys Named as DBusiness “Top Lawyers” for 2025

Client Alerts

Brooks Kushman Secures Federal Circuit Affirmance for Ford Motor Company in Patent Dispute, Upholding PTAB Rulings that the…

Press Releases

Brooks Kushman Ranked in the 2025 Best Law Firms List

Media Coverage

Brooks Kushman’s Christopher Smith Featured in Law360 Interview for 2024 Intellectual Property MVP Recognition

Blog

Four Years Later: The SEC’s Latest Round of Enforcement Actions Following the SolarWinds Breach

Client Alerts

U.S. Patent and Trademark Office to Terminate After Final Consideration Pilot Program 2.0

Blog

From State to Global: Comparing U.S. State Laws to the EU’s Comprehensive Approach

Presentations

Brooks Kushman Shareholder, Isheeta Patel Laxmanan, to Speak at University of Michigan AIChE Chapter Luncheon

Press Releases

Brooks Kushman Attorneys Abdulai Rashid, Yasmeen Moradshahi and Cameron Anstess Passed the State Bar of Michigan

Press Releases

Christopher Smith Named to Law360’s MVPs of the Year for 2024

Blog

Navigating AI Compliance: How California’s AB 2013 Reshapes GenAI Operations