Category: NEWS

Inherent Risks to a Common Prosecution Strategy By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. District Court for the

Brian Emfinger comments on the strategies applicants use to secure patents on computer software inventions in Law360. In the article, “More Patent Applicants Go Shopping to Combat Alice,” he discusses why, “in

Is a Product-by-Process Limitation a Fig Leaf? By Sarah A. Kagan Patent applicants may claim their product inventions using product-by-process recitations. These can be useful when one has no analysis

Helen Hill Minsker moderated a mini-seminar that focused on the coffee industry on Nov. 7 at the U.S. Patent and Trademark Office in Alexandria, Va. Ms. Minsker, a member of the

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