Banner Witcoff

Ernest V. Linek reviews the significance of the U.S. Court of Appeals for the Second Circuit’s decision in The Authors Guild et al. v. Google, Inc. inIntellectual Property Magazine. Linek says in the article that the Oct. 16, 2015, decision “highlights the fact that the fair use deference to a charge of copyright infringement requires…

HEIGHTENED PATENT PLEADING STANDARD, DISCOVERY PROPORTIONALITY, AND OTHER RECENT AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURE By Jeffrey H. Chang Amendments made by the Supreme Court to the Federal Rules of Civil Procedure (Rules) took effect December 1, 2015. The amendmentsfundamentally change litigation in federal courts, including heightening the standard for pleading direct patent…

FEDERAL CIRCUIT HEARS ORAL ARGUMENTS INMCRO V. NAMCO BANDAI: WILL PATENT-ELIGIBILITY OF COMPUTER SOFTWARE SURVIVE? By Ross A. Dannenberg In the wake of the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank, courts have been struggling to define the line between abstract idea and patent-eligible invention. The Federal Circuit on Friday, December 11, heard oral…

John M. Fleming explains that buyers and sellers can both use due diligence to determine benefits and potential issues with patent assets in the December/January 2016 issue of Today’s General Counsel. Please click here to read, “How Due Diligence Analysis Drives a Negotiation.”

REVISED FEDERAL RULES OF CIVIL PROCEDURE ABROGATE RULE 84 AND ELIMINATE APPENDIX OF FORMS By Saranya Raghavan The revised Federal Rules of Civil Procedure contain changes that may impact patent litigation at the district court level. The revised rules went into effect on December 1, 2015. The revised rules were approved by the United States…

On November 24, 2015, the U.S. District Court for the District of Nevada issued an order adopting all of Banner & Witcoff’s proposed claim constructions in connection with the patent infringement suit by Rembrandt Gaming Technologies, LP against Banner & Witcoff, Ltd.’s clients WMS Gaming, Inc., Aria Resort & Casino Holdings, LLC, Bellagio, LLC, Caesars…

Mr. Katz discusses how creators can protect themselves against virtual design theft through design patent, trademark and copyright laws in the December 2015 issue of Design Management Review. Please click here to read the article, “Modern Infringements: The Unsavory Side of 3D Printing and Digital Replicas.” A preview is available, but purchase is required to view…

COPYRIGHT OFFICE FOCUSES ON FUTURE WITH STRATEGIC PLAN By Nigel Fontenot and Christopher Galfano “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” — CONSTITUTION OF THE UNITED STATES [ARTICLE 1, SECTION 8]…

In its December 2015 edition, the ABA Journal features Banner & Witcoff’s Patent Arcade in the 9th Annual Blawg 100, its list of 100 excellent legal blogs. According to the ABA Journal, Patent Arcade is “a resource for gamers and IP enthusiasts interested in the current case law and legal issues surrounding the video game industry. The blog also contains news…

Robert F. Altherr Jr., Matthew P. Becker, Joseph J. Berghammer, Scott A. Burow, Marc S. Cooperman, Ross A. Dannenberg, John P. Iwanicki, Ernest V. Linek, Erik S. Maurer, Timothy C. Meece, Frederic M. Meeker, Janice V. Mitrius, Jon O. Nelson, Binal J. Patel, Joseph M. Potenza, Thomas K. Pratt, Christopher J. Renk, Charles W. Shifley, J. Pieter…