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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…

  Can a Potential Infringer Use an IPR to Gain Access to Article III Courts? By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit heard arguments in a case that will clarify an important aspect of the inter partes review (IPR) process: who has standing to appeal an adverse decision? On…

  Did the Supreme Court Bless Claims to Methods of Treating? By Sarah A. Kagan At the U.S. Court of Appeals for the Federal Circuit oral argument in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals (Case Nos. 16-2707 and 16-2708) on Dec. 5, Judge Lourie challenged each side to defend its position on the subject-matter eligibility…

Heather R. Smith-Carra offers five ways companies can stay in compliance with the Digital Millennium Copyright Act in IPWatchdog. This includes electronically designating a new online service provider agent by December 31, 2017, to benefit from the law’s safe harbor protection. Click here to read her article.

Helen Hill Minsker was recognized in the International Trademark Association’s INTA Bulletin for her role in the Government Officials Training Committee’s second United States Patent and Trademark Office training. Ms. Minsker moderated the panel, which focused on the coffee industry this year. Click here for more information.

Robert S. Katz and Alisa S. Abbott examine protecting and enforcing design rights in the United States in their chapter in Designs: A Global Guide 2018. The guide, published by World Trademark Review, offers practitioners a reference guide to design rights in 15 jurisdictions, including the United States. Click here to read their chapter.

  Is Infringement Required to Generate a Case or Controversy for Declaratory-Judgment Jurisdiction? By Sarah A. Kagan Ten years ago, MedImmune successfully sought an expanded scope of declaratory-judgment jurisdiction, asking the U.S. Supreme Court to permit a suit challenging validity of a patent of which it was a paying licensee. MedImmune Inc., v. Genentech Inc.…