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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).

Law360 highlights the Intellectual Property Owners Association’s support of Banner & Witcoff client Lexmark International Inc. in its case against Impression Products Inc. at the Supreme Court in its Feb. 24 article, “IP Owners Group Backs Lexmark In Patent Exhaustion Row.” Law360 reports that the IPO argued in its amicus brief that the Supreme Court…

Quantity Trumps Quality: Supreme Court Decides Life Technologies v. Promega By Ernest V. Linek The question before the Supreme Court in this case was simple: did the Federal Circuit err when it decided that shipment outside the United States of one component of a multicomponent invention could violate 35 U.S.C. §271(f)(1)? The Supreme Court held on…

Phillip Articola examines the U.S. Court of Appeals for the Federal Circuit’s Feb. 15 decision in Xilinx Inc. v. Papst Licensing GmBH & Co., in the article, “Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx.” The Federal Circuit held that California’s long-arm statute conferred personal jurisdiction over a patent licensing firm that sent cease-and-desist letters to a California…

Banner & Witcoff shareholders Robert H. Resis and Michael J. Harris were recognized in the BTI Client Service All-Stars 2017 for IP litigation. They were two of 319 attorneys nationwide who were named individually, and unprompted, by clients for delivering the best client service. Mr. Resis was nominated by a global industrial manufacturing giant, and Mr.…

The Supreme Court Set to Hear Arguments in Lexmark International, Inc. v. Impression Products, Inc. Relating to the Doctrine of Patent Exhaustion By Jason S. Shull In March 2017, the Supreme Court will hear oral arguments in a key case regarding the scope of the “patent exhaustion doctrine,” as it relates to: (1) sales of…

Banner & Witcoff was recognized by the Industrial Designers Society of America for breaking its own record for the most design patent grants in a single year. U.S. Patent and Trademark Office records show Banner & Witcoff procured 1,032 U.S. design patents in 2016. The firm set the prior record in 2008, with 959 U.S. design patents. Click here to read the article.