Banner Witcoff

  A Theory of Invalidity is Not Enough to Invalidate a Patent By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed on different grounds a lower court’s dismissal for lack of jurisdiction under the Declaratory Judgment Act of AbbVie’s lawsuit seeking a judgement of invalidity of MedImmune’s U.S. Patent No.…

On February 6,  18 attorneys and staff in our Washington, D.C. office put together nearly 250 sandwiches for Martha’s Table to use on McKenna’s Wagon, its mobile food truck that provides its downtown neighbors with a healthy meal 365 days a year. Click here for more information.

  The Safe Harbor for Divisional Applications Shrinks By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed on January 23, 2018, the U.S. Patent and Trademark Office Patent Trial and Appeal Board’s decision that the re-examined claims of Janssen Biotech and New York University’s U.S. Patent 6,284,471 (’471) are unpatentable…

Heather R. Smith-Carra examines several noteworthy updates and decisions to the Digital Millennium Copyright Act in the IPWatchdog article, “DMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases.” Click here to read the article.

Matthew P. Becker, Joseph J. Berghammer, Aaron Bowling, Scott A. Burow, Marc S. Cooperman, Azuka C. Dike, Audra C. Eidem Heinze, Katie Laatsch Fink, Sean J. Jungels, Kevin C. Keenan, Michael L. Krashin, Erik S. Maurer, Matthew J. May, Timothy C. Meece, Janice V. Mitrius, Jon O. Nelson, Binal J. Patel, Justin M. Philpott, Thomas K.…

Heather R. Smith-Carra examines why video game companies are seeking Digital Millennium Copyright Act exemptions for online video game preservation in IPWatchdog. Ms. Smith-Carra co-wrote the article with IPWatchdog editor Gene Quinn. Click here to read the article.

Matthew P. Becker examines the U.S. Court of Appeals for the Federal Circuit’s recent decision in Exmark Manufacturing Company v. Briggs & Stratton Power, and how it signals a continued shift in the court’s application of the entire market value rule in the Law360 article, “Exmark And The Erosion Of The Entire Market Value Rule.” Click here…

Banner & Witcoff is pleased to note that it has joined with other IP lawyers in representing the American Bar Association as amicus curiae in a case in the U.S. Court of Appeals for the Federal Circuit. The ABA is contributing to analysis in the case, NantKwest, Inc. v. Matal. The parties are working to…

Banner & Witcoff is recognized as a top firm in the 2018 edition of the World Trademark Review 1000, a standalone publication that recommends leading individual practitioners and their firms in the trademark field in more than 70 global jurisdictions. Helen Hill Minsker, Christopher J. Renk and Richard S. Stockton also received top individual rankings in the 2018 edition. According to World…

  Step One and Done to Patent Eligibility: Finjan, Inc. v. Blue Coat Systems, Inc. By Aseet Patel and Peter Nigrelli The U.S. Court of Appeals for the Federal Circuit in Finjan, Inc. v. Blue Coat Systems, Inc., appeal no. 2016-2520 (Fed. Cir. Jan. 10, 2018), affirmed the U.S. District Court for the Northern District…