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Rachel A. Smith

Electrical/Software Patent Prosecution & Open Source Software Compliance

Michigan

(248) 226-2734

rsmith@brookskushman.com

  • Overview
  • Background
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"My goal with each client is to understand how the legal aspects fit into their business. While understanding the technology is necessary, understanding how IP protection compliments a client’s business is most important."

Practice Areas

Industries

  • Financial Solutions
  • IT Services
  • Automotive
  • Autonomous and Mobility Technology
  • Electrical & Computer Technology
  • Life Science & Medical Device
  • Consumer Products
Rachel Smith has a wide range of knowledge stemming from her extensive experience over the past two decades. With a degree in Electrical Engineering, she focuses on software, supplier, and medical device businesses, aiming to ensure that their IP protection aligns with their business needs and goals. Rachel is a registered patent attorney and focuses primarily on domestic and foreign patent prosecution in the electrical arts. Rachel consults clients from Fortune 500 companies to start-ups. She enjoys working closely with clients to counsel them on how to best protect their intellectual property based on their specific business goals. Rachel has a deep understanding of various technologies in mechanical and electrical arts. In particular, she has extensive experience prosecuting patent applications in consumer electronics, automotive, medical device, and network technologies. Her practice further includes drafting patentability, infringement, validity and freedom to operate opinions. Rachel’s practice also includes consulting clients on open source software license agreements. She works with clients to understand complex software licenses and copyright matters. Rachel has worked with the firm’s open source team to perform software audits on complex systems and has advised clients on software license obligations while assisting in compliance solutions. To compliment her client’s needs, Rachel also has experience preparing, reviewing, and negotiating agreements involving intellectual property, including licenses, confidentiality agreements, master services agreements, and others, with a focus on open source and indemnification provisions often included therein. Rachel received a Juris Doctor from Wayne State University Law School and a Bachelor of Science degree in Electrical Engineering from Ohio Northern University. During law school Rachel was a member and officer of the Wayne State Intellectual Property Student Association (WIPSA) and earned the Silver Key Award for academic achievement. At Ohio Northern University she was active in several student groups holding numerous leadership positions. Rachel served as president of both the student chapter of the Institute of Electrical and Electronics Engineers (IEEE) and her social sorority. Prior to attending law school, Rachel gained electronics hardware and software experience while working as an intern at an avionics safety company in Columbus, OH. Rachel loves a good Disney Cruise (she's a Gold level member) and can be found on her Peloton bike.

Education

J.D., Wayne State University

B.S., Electrical Engineering, Ohio Northern University

Organizations & Affiliations

Leadership Council on Legal Diversity (LCLD) – 2020 Fellow

American Intellectual Property Law Association (AIPLA) Women in IP Law Committee

Michigan Intellectual Property Law Association, Past-Second Vice President, Past Secretary, Current Member

Intellectual Property Owners (IPO) Association – Women in IP Law Committee

State Bar of Michigan

United States Patent and Trademark Office

American Bar Association

Oakland County Bar Association

Women’s Bar Association of Oakland County

INForum

Michigan Science Center STEMinista Role Model

Recognitions

Best Lawyers in America, 2025

Michigan Super Lawyers, Intellectual Property, 2024

“Notable Woman in Law,” Crain’s Detroit Business, 2024

“IAM Patent 1000 Recommended Individual,” Intellectual Asset Management, 2024

“Notable Lawyer”, Managing Intellectual Property, 2021

Oakland County Executive’s Elite 40 Under 40, 2016 Class

“Up & Coming Lawyer,” Michigan Lawyers Weekly, 2015

“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2016-2020

“Top Lawyer,” DBusiness Magazine, 2017

Industries

  • Financial Solutions
  • IT Services
  • Automotive
  • Autonomous and Mobility Technology
  • Electrical & Computer Technology
  • Life Science & Medical Device
  • Consumer Products

Presentations

Moderator, “Masterclass: The IP Portfolio of the Future”, Auto IP USA, IAM, May 2024

Speaker, IP Presentation, Ohio Northern University, November 2023

Panelist, “Protecting Your Client’s IP”, Corporate Counsel University, ACC, June 2022-2023

Moderator, “How New Guidance Will Affect Practice,” AIPLA Roadshow (Houston), April 2019

Co-Presenter, “Employing Analytics to Drive Results,” BK and ChIPs Hosted Webinar, May 2019

Publications

Co-Author, “The Broad Implications of Warner Chappel Music, Inc. v. Nealy on Copyright Damage Recovery,” Brooks Kushman Trending IP Blog, May 2024

Co-Author, “USPTO Transitions to eGrants from Paper Patents,” Brooks Kushman Client Alerts, March 2023

Co-Author, “USPTO Will Continue To Apply Lower In Re Packard Indefiniteness Standard During Examination,” October 2017

Co-Author, “Alice Corporation Pty. Ltd. V. CLS Bank International,” June 2014

Insights

Press Releases

Eight Brooks Kushman Attorneys Ranked As 2025 Best Lawyers; Frank Angileri Recognized As 2025 Lawyer of the Year

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Press Releases

Nine Brooks Kushman Lawyers Named to 2024 Super Lawyers; Three Attorneys Honored As Rising Stars

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Press Releases

Brooks Kushman Recognized as Gold-Standard Firm By 2024 IAM Annual Patent 1000 For The Eleventh Year In A Row; Ten Attorneys Recognized as Top Practitioners

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Blog

The Broad Implications of Warner Chappell Music, Inc. v. Nealy on Copyright Damage Recovery

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Presentations

Rachel Smith and John Rondini as Moderators for Upcoming Auto IP Event

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Press Releases

Brooks Kushman Shareholder Named in Crain’s Notable Women in Law

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Presentations

Rachel Smith Presented at ACC CCU 2023 in Minneapolis

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Client Alerts

USPTO Transitions to eGrants from Paper Patents

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Presentations

Rachel Smith Presenting at ACC CCU 2022 in Nashville

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Press Releases

Brooks Kushman Shareholder Rachel Smith Appointed as 2020 Leadership Council on Legal Diversity Fellow

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Press Releases

Brooks Kushman Shareholders Rachel Smith and Michael MacCallum Named “Rising Stars”

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Press Releases

Six Brooks Kushman Lawyers Named To 2019 Super Lawyers List; Seven Attorneys Honored as Rising Stars

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Webinar

Employing Analytics to Drive Results

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Presentations

Rachel Smith to Moderate Panel at AIPLA Roadshow

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Webinar

Defining and Navigating Patent Eligibility Concerns Under Alice/Mayo

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Press Releases

Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars

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Presentations

Brooks Kushman Shareholder Marc Lorelli To Serve As Panelist At 2018 ACC Corporate Counsel University

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Press Releases

Brooks Kushman Shareholder Appointed President of MIPLA

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Press Releases

Brooks Kushman Shareholder to Speak at IP Counsel Café Annual Silicon Valley Conference; Four Shareholders to Attend

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Blog

USPTO Will Continue to Apply Lower In re Packard Indefiniteness Standard During Examination

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Press Releases

Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars

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Press Releases

10th Anniversary AIPLA Women In IP Networking Event

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Press Releases

Brooks Kushman Hosts Workshop For Girl Scouts

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Press Releases

Girl Scouts To Earn IP Patch At USPTO Detroit

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Press Releases

Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars

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Press Releases

Brooks Kushman partners with Girl Scouts to Promote Diversity in STEM Education

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Press Releases

Brooks Kushman Attorneys Named to MIPLA Officer Positions

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Press Releases

Brooks Kushman Hosts Workshop For Girl Scouts To Earn IP Patch At USPTO Detroit Office

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Press Releases

Brooks Kushman Associate Honored as WLAM Member of the Month

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Press Releases

Brooks Kushman Associate Named 2016 Oakland County Executive’s Elite 40 Under 40

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Press Releases

Rachel A. Smith Named 2015 Up & Coming Lawyer

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Press Releases

Brooks Kushman Hosts Women in IP Global Networking Event

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Publications

Brooks Kushman Associates Discuss Implications of Alice Corporation Pty. Ltd. v. CLS Bank International

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Press Releases

Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky

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Press Releases

Brooks Kushman Announces Four New Attorneys; Further Expands Medical Device and Trademark Practice Groups

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