Press Releases
Jennifer Harris
jharris@clovisinc.com
312.346.1700
CHICAGO – A team of attorneys from Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., recently won an appeal for a U.S. Air Force veteran who had been denied disability benefits by the U.S. Dept. of Veterans Affairs (VA).
In a rare decision, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the case back to the Board of Veteran Appeals. Brinks attorneys Meredith Martin Addy, Janet A. Pioli and John E. Haugen represented veteran Wayne J. Gardin in the appeal at the Federal Circuit.
The case arose when Gardin sought disability benefits for diabetes from the VA. The VA Claims department, the Board of Veteran Appeals, and the U.S. Court of Veterans Appeals rejected Gardin's request on the basis that Gardin had not shown that his disability arose during his time of service.
The Brinks team argued that the U.S. Court of Appeals for Veterans Claims erred by affirming a decision disregarding independent medical evidence because the physician did not review Gardin's Air Force medical records. Janet Pioli argued before the Court; with her on the briefs were Meredith Martin Addy and John E. Haugen. Writing for the panel, Federal Circuit Judge Arthur J. Gajarsa agreed, and vacated and remanded the case.
"It is unusual for the Federal Circuit to review a Veterans case on the merits, let alone vacate and remand,” said Meredith Martin Addy, chair of Brinks’ Appellate Group. "We are extremely pleased to have won this appeal on behalf of our pro bono client."
Brinks Hofer Gilson & Lione is one of the largest intellectual property law firms in the United States and serves the intellectual property needs of clients around the world. Brinks has 170 attorneys, scientific advisors and patent agents who specialize in intellectual property litigation and all aspects of patent, trademark and copyright law. The firm also advises on issues relating to intellectual asset management, trade secret, unfair competition, and technology and licensing agreements. Brinks routinely handles assignments for companies in the electrical, chemical, and mechanical engineering sectors; the biotechnology, pharmaceutical and nanotechnology industries; and for companies whose work relates to Internet and computer technology law. The firm’s trademark practice works on behalf of clients who deal in a wide variety of products and services. Founded in 1917, Brinks is based in Chicago and has five additional offices across the country, including its new office in Washington D.C. More information is available at www.usebrinks.com.
