Author: eightyeight

Is the Safe Harbor for Divisional Applications Shrinking? By Sarah A. Kagan In October, the U.S. Court of Appeals for the Federal Circuit heard arguments in a pair of related

Banner & Witcoff was recognized by Law360 for successfully representing NIKE, Inc., in inter partes reviews brought by adidas AG against two NIKE patents related to its FLYKNIT technology. Christopher Renk, Michael Harris,

Banner & Witcoff received a National Tier 1 ranking in intellectual property litigation, patent litigation and patent law in the 2018 edition of U.S. News & World Report and Best Lawyers’

Federal Circuit Discredits Special Disclosure Rule for Antibodies By Sarah A. Kagan For decades, patents claiming antibodies have enjoyed a charmed life. Rather than requiring a written description of the

Divided Infringement and Subject-Matter Eligibility: Are Mixed Diagnostic and Therapeutic Method Claims Viable and Valuable? By Sarah A. Kagan Until recently, diagnostic assay developers wanting to protect their innovations with

Subject-Matter Eligibility Swallows Infringement Litigation? By Lisa M. Hemmendinger and Sarah A. Kagan On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in

Banner & Witcoff was recognized by Law360 for its role in client YETI Coolers LLC’s lawsuit against Costco Wholesale Corp. for infringing its trademarks and design patents by selling unlicensed knockoffs of

Anna L. King and Luke S. Curran discuss why registration of sound marks is a key business strategy and will become more frequent at the U.S. Patent and Trademark Office in their article, “The Hidden Persuader:

Banner & Witcoff attorney Robert H. Resis was recognized by Law360 for his role in drafting the Intellectual Property Law Association of Chicago amicus brief “calling for the full Federal Circuit to review its panel

Obviousness: The Analytic Framework May Control the Outcome By Sarah A. Kagan Some aspects of the law of obviousness seem hard to apply, as they are repeatedly challenged on appeals