Banner Witcoff

Banner & Witcoff client Airlite Plastics Co. (Airlite) has prevailed on appeal before the U.S. Court of Appeals for the Federal Circuit. The Court affirmed the district court’s issuance of summary judgment of non-infringement based on collateral estoppel. The Court agreed with Airlite that rulings of claim construction and non-infringement issued against the patent holder in an…

Robert F. Altherr Jr., Ross A. Dannenberg, Scott M. Kelly, Frederic M. Meeker, Chunhsi Andy Mu, Joseph M. Potenza and Bradley C. Wright were named to the 2017 Washington, D.C. Super Lawyers and Rising Stars lists for their work in intellectual property law. The Super Lawyers lists represent the top 5 percent of attorneys in…

Richard S. Stockton was recognized in the International Trademark Association’s INTA Bulletin for his role in the annual Saul Lefkowitz Moot Court Competition at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. Mr. Stockton served as this year’s chair of the Lefkowitz Committee. Seventy-one teams from 55 law schools across the country participated in the competition, and 10 teams…

Justices Set to Rule on Patent Venue By Paul M. Rivard On March 27, 2017, the Supreme Court heard arguments in TC Heartland LLC v. Kraft Foods Group Brands LLC. The specific question at issue is “[w]hether the patent venue statute, 28 U.S.C. § 1400(b), which provides that patent infringement actions ‘may be brought in…

On March 24, 2017, the U.S. District Court for the District of Delaware entered final judgment in favor of Banner & Witcoff client, Unum Group. In MPHJ Technology Investments, LLC v. Unum Group, Case No. 1:14-cv-00006-SLR, the district court entered final judgment in favor of Unum Group after Banner & Witcoff client Lexmark International, Inc.…

Supreme Court Weighs in on Apparel Design Copyrightability in Star Athletica v. Varsity Brands By Darrell G. Mottley On March 22, 2017, the U.S. Supreme Court, in a 6-2 decision, affirmed the August 2015, ruling by the U.S. Circuit Court of Appeals for the Sixth Circuit in Star Athletica LLC v. Varsity Brands Inc., and…

Darrell G. Mottley, who attended the Supreme Court’s arguments in Star Athletica v. Varsity Brands, discusses the justices’ decision that decorative elements on cheerleader uniforms can be protected by copyright law in the Law360 article, “5 Keys to High Court’s Cheerleader Uniform Ruling.” Mr. Mottley says in the article: “There were many different tests that different circuits…

“Raging Bull” Defeats the Patent Laches Defense By Ernest V. Linek Yesterday, the Supreme Court decided that laches cannot be interposed as a defense against damages where the infringement occurred within the six-year period prescribed by Section 286 of the Patent Act. The decision in SCA Hygiene Products AB et al. v. First Quality Baby…

Banner & Witcoff congratulates client Guard Llama Inc. for its upcoming appearance on ABC’s “Shark Tank” on April 14. CEO Joe Parisi founded the Chicago company to help people who are in danger but can’t call for help on their cell phone. By pressing a button on the Guard Llama, the device sends a signal…

Binal J. Patel, J. Pieter van Es and Kimberly S. Devine discuss the eight decisions where motions to amend claims in Patent Trial and Appeal Board post issuance review proceedings have been granted in their article, “Amending Claims at the PTAB — A Fool’s Errand?” Click here to read the article (subscription is required).