Banner Witcoff

Jeffrey Chang volunteered to teach public school students in Washington, D.C., about the Constitution today as part of the American Constitution Society Constitution in the Classroom program. The DC Bar partnered with the DC Lawyer Chapter of the ACS to place volunteer attorneys and law students in public school classrooms. Mr. Chang and other volunteers were able…

Timothy C. Meece and Audra C. Eidem Heinze analyze the impact of the Supreme Court’s decision in Impression Products, Inc. v. Lexmark International, Inc., on the business and legal community for Bloomberg Law. Click here to read the article, “Patent Exhaustion in View of Impression Prods., Inc. v. Lexmark Int’l, Inc.”

Kirk A. Sigmon explains how startups can avoid or mitigate intellectual property traps if they avoid five common mistakes in World Intellectual Property Review. Click here to read the article, “5 common IP traps startups should avoid.” Subscription is required.

  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…

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…

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.”  

On May 22, 2018, Banner & Witcoff secured a jury verdict for client, Buc-ee’s, against a chain of travel centers in Texas. The 12-person jury returned a unanimous verdict that Buc-ee’s logo is famous and that the Defendants violated the law by using logos that were confusingly similar and likely to cause dilution of Buc-ee’s famous…