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By Kyler Kappes and Elizabeth Yang So, what’s happening at the PTAB?  Functional language, establishing priority, adding new annotations in Reply, and more! Heads I win, tails you lose—argue functional language both ways. Samsung Elecs. Co. v. Harbor Island Dynamic, LLC, IPR2024-01404, Paper 32 (Mar. 11, 2026) (Jung, joined by Anderson and Peslak). Because Petitioner’s anticipation…

Banner Witcoff is pleased to share that Anna King and our Design Patent team were named finalists by Managing IP’s annual MIP Americas Awards! Anna was recognized as a finalist for Trademark Prosecutor of the Year – Midwest, and our Design Patent team was nominated for Design Patent Firm of the Year.

By Grace Beach, Zach Getzelman, and Victoria Webb In a landmark copyright law decision, the U.S. Supreme Court unanimously reversed a $1 billion jury verdict and shielded internet service provider (ISP) Cox Communications, Inc. (Cox) from contributory copyright liability. Cox Commc’ns, Inc. v. Sony Music Ent., 146 S. Ct. 959 (2026). The Court limited contributory…

By Robert S. Katz and Sonia M. Okolie The USPTO will soon be issuing updated guidelines for applicants and examiners for design patent applications directed to computer-generated interfaces (e.g. GUIs) and icons. The incoming Guidelines change course from the prior Supplemental Guidance issued in November 2023, which was later incorporated into the Manual of Patent…

By Craig Kronenthal and Elizabeth Yang So, what’s happening at the PTAB?  Privy and RPI issues, explaining inconsistent claim constructions, the particularity requirement, and more! 2 degrees of separation from Petitioner – not a privy.  Semiconductor Components Industries, LLC v. Greenthread, LLC, IPR2024-00264, Paper 78 (February 78, 2026) (Praiss, joined by Obermann and Belisle) The…

Banner Witcoff is pleased to announce that shareholder Azuka Dike has been elected to serve on the American Bar Association Intellectual Property Law (ABA-IPL) Section’s Board of Trustees of the Intellectual Property Law Foundation for a three-year term. Azuka is an active member of the ABA-IPL Section, currently serving as the Liaison to the ABA…

By Richard Stockton, Principal Shareholder “Plain dissimilarity,” the U.S. design law assessment that enables judges to decide design patent infringement issues before trial based on allegedly clear visual differences between claimed designs and accused products, continues to gather steam following a new Federal Circuit opinion. But one judge thinks plain dissimilarity has gone too far.…

By Craig Kronenthal and Daniel Moon So, what’s happening at the PTAB?  Design law changes impacting institution decisions, successful rehearing, Director Squires addressing parallel petitions, and more! New Standard, New Review: Change in Design Patent Law Thwarts Discretionary Denial. Top Glory Trading Group Inc. v. Cole Haan LLC, IPR2025-01395, Paper 18 (January 12, 2026) (Director…