On August 11, 2026, the Federal Circuit denied a petition for rehearing en banc in Range of Motion Products, LLC v. Armaid Co. (An overview of the Federal Circuit opinion at issue can be found here). The Federal Circuit declined to revisit two pillars of design patent infringement law: whether the “plainly dissimilar”/”sufficiently distinct” language…
Banner Witcoff attorneys Zachary Getzelman, Robert Katz, Timothy C. Meece, Frederic M. Meeker, Mercedes Meyer, Ph.D., Justin Philpott and Pei Wu, Ph.D. are featured in the 2026 publication of IAM Strategy 300: The World’s Leading IP Strategists. The IAM Strategy 300 is a leading report which names the world’s greatest IP experts nominated by their peers…
By Andy Kim and Henry Millar So, what’s happening at the PTAB? Claim constructions of “first” and “second,” a delegated director review decision vacating a prior Board decision based on a jury verdict, inconsistent claim constructions, and more! First. Second. Different? Not necessarily. Apple Inc. v. MemoryWeb, LLC, PGR2022-00006, Paper 51 (July 8, 2026) (Repko,…
Banner Witcoff is proud to contribute to the latest edition of Panoramic: Designs (USA) by Lexology. Shareholders Alisa Abbott, Bradley Van Pelt, Robert Katz, and Sonia Okolie authored the U.S. chapter, providing insights into the current design patent landscape in the United States. The guide enables side-by-side comparison of local insights, including into the legal…
Banner Witcoff’s David Glass and Reilley Keane discuss the rapidly evolving field of subject matter eligibility at the U.S. Patent and Trademark Office and courts, and practical guidance for practitioners for Law360’s quarterly Patent Eligibility Bulletin. The installment explores a recent decision from the U.S. Court of Appeals for the Federal Circuit reinforcing the boundaries of patent…
Banner Witcoff is pleased to sponsor Lessons from the Bench: Judicial Perspectives on Litigating and Trying IP Cases, hosted by the American Bar Association (ABA) Intellectual Property Law Section and National Conference of Federal Trial Judges, on Thursday, July 30. The program will feature members of the federal judiciary and experienced practitioners to provide practical…
Banner Witcoff is pleased to share that Azuka Dike will be speaking at the National Bar Association Annual Convention on Monday, July 27, at 10:00 a.m. ET. Azuka will participate in the session “International IP Enforcement and Responding to Patent Trolls.” More information on the National Bar Association Annual Convention can be found by clicking…
By Jackson Lamb and Craig Kronenthal So, what’s happening at the PTAB? The effects of Phillips vs BRI constructions, written description and enablement issues, relying on YouTube as prior art, and more! Lost under BRI? Phillips gives you another try. Røde Microphones, LLC v. Zaxcom, Inc., IPR2025-00230, Paper 74 (June 11, 2026) (Quinn, joined by Arbes and Belisle). Previous IPRs…
Banner Witcoff secured a significant appellate victory for its client, Commerce Bank, when the U.S. Court of Appeals for the Eighth Circuit affirmed the district court’s denial of Revenue Management Solutions, LLC’s (RMS) motion for a preliminary injunction. RMS sought to enjoin Commerce Bank’s use of its RemitConnect healthcare payment-processing platform, but the Eighth Circuit…
Banner Witcoff is pleased to announce that four of the firm’s attorneys have been recognized in Legal 500’s Chicago Elite rankings for Intellectual Property. The Legal 500 City Elite rankings highlight leading lawyers in key regional markets across the United States, recognizing attorneys who are handling complex matters and making an impact within their practice…
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