Charles W. Shifley presents on the challenges the Wright Brothers’ patent would face in contemporary law at the Pauline Newman IP American Inn of Court’s first meeting this term at the U.S. Patent and Trademark Office in Alexandria, Va. Mr. Shifley recently wrote an article on the Wright Brothers for the Journal of the Patent and Trademark…
Does Secret Prior Art Survive in the AIA? Twelve Interested Parties Weigh In By Sarah A. Kagan In May, a panel of the U.S. Court of Appeals for the Federal Circuit applied an on-sale bar under the America Invents Act (AIA) to Helsinn’s U.S. Patent No. 8,598,219 (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA,…
Company Founder Joined and Potentially Liable for Attorneys’ Fees — An Interesting Wrinkle in a Typical “Exceptional” Case By Scott M. Kelly and Apurv Gaurav In the wake of Octane Fitness, 134 S. Ct. 1749, 1756 (2014), courts have awarded attorneys’ fees if the opposing party’s conduct has been exceptional, based on a totality…
Full Panel of Fed. Cir. Clarifies that Even Voluntarily Dismissed Cases Start the Year Time-Bar Clock for Inter Partes Review By Bradley J. Van Pelt and Kevin C. Keenan The Court of Appeals for the Federal Circuit found that even patent suits that are voluntarily dismissed begin the one-year time period for filing a…
Kirk A. Sigmon presents “Tips and Tricks for Startups in Protecting Their Copyrights, Patents, and Trademarks” at Startup PATH 2018 in Bucharest, Romania. Startup PATH brings together universities, accelerators, investors and thought leaders to help build, feed and support the growth of a stronger entrepreneur community in Romania and Eastern Europe. Banner & Witcoff is also…
Joseph J. Berghammer, Timothy C. Meece, Jon O. Nelson, Binal J. Patel, Joseph M. Potenza, Christopher J. Renk, Charles W. Shifley and Bradley C. Wright are listed as leaders in intellectual property law in the 2019 edition of Best Lawyers in America. Inclusion in Best Lawyers® is based entirely on peer review. The methodology is designed to…
Standing to Appeal Comes into Focus By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit took another step toward defining the contours of standing to appeal an inter partes review (IPR) decision in JTEKT Corp. v. GKN Automotive LTD. (No. 2017-1828). JTEKT was an appeal of a review of a…
Michael S. Cuviello and Scott M. Kelly present “The State of the Art of Energy Storage and Current and Future Applications: What This Can Do to Your IP Portfolio and Freedom to Operate” at the American Intellectual Property Law Association Annual Meeting in Washington, D.C. Their panel is part of a joint presentation of the AIPLA Chemical…
Joseph J. Berghammer and Katie Laatsch Fink present “The Resurrection of Niche Fame” at the 2018 Midwest Intellectual Property Institute in Minneapolis. In this presentation, they will use their perspective as Buc-ee’s counsel to explain why companies should be creative when involved in trademark lawsuits by looking to all potential causes of action, including state law…
Scott M. Kelly, assistant editor of Banner & Witcoff’s PatentArcade.com, discusses how Dream Arcades emulation console, Dreamcade Replay, could potentially face issues with copyright infringement in GameDaily.biz. Click here to read the article, “The Dreamcade Replay all-in-one emulator re-sparks fiery debate over piracy as preservation.”
XThis website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Privacy Policy. Read MoreCookie settingsRejectAccept
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
This cookie is associated with Amazon Web Services and is used for managing sticky sessions across production servers.
JSESSIONID
Used by sites written in JSP. General-purpose platform session cookies that are used to maintain users' state across page requests.
viewed_cookie_policy
The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
This cookie is installed by Google Analytics. The cookie is used to calculate visitors, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assigns a randomly generated number to identify unique visitors.
_gid
This cookie is installed by Google Analytics. The cookie is used to store information on how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.
