Banner Witcoff

FEDERAL CIRCUIT LIMITS ITC JURISDICTION TO “MATERIAL THINGS” By Benjamin M. Koopferstock The Court of Appeals for the Federal Circuit has limited the scope of 19 U.S.C. § 1337 (Section 337) to “material things,” which does not include electronic transmissions of digital data. ClearCorrect Operating, LLC v. ITC, No. 2014-1527, (Fed. Cir., Nov. 10, 2015).…

Joseph M. Potenza and Bradley C. Wright are recognized in the 2016Washington, D.C.’s Best Lawyers magazine, a special edition that features Washington, D.C. lawyers from the 2016 Best Lawyers lists. Please click here for more information and access to the digital version.

Michael S. Cuviello and Adam J. College examine the pros and cons of the U.S. Patent and Trademark Office’s proposed changes to the Patent Trial and Appeal Board’s post-issuance proceedings in World Intellectual Property Review. In the article, Mr. Cuviello and Mr. College specifically consider one of these proposed changes – permitting a single judge, instead of…

Banner & Witcoff ranks ninth in Vault’s list of 2016 Best Intellectual Property Boutique Law Firms. The firm is also featured in its list of 2016 Top 150 Under 150 law firms. According to Vault, rankings are based on exclusive insider information from verified employees in the law industry. Each year, Vault surveys thousands of law professionals. Please click here…

Ernest V. Linek discusses the Library of Congress’ new exemptions to the Digital Millennium Copyright Act in JD Supra Perspectives. In the article, Mr. Linek explains that the LOC reported a new set of regulations regarding exemptions to the DMCA provision that prohibits circumvention of technological measures that control access to copyrighted works. He provides more details…

Brian Emfinger discusses the U.S. Patent and Trademark Office’s increased scrutiny of patent eligibility following the Supreme Court’s decision in Alice v. CLS Bank, and how companies are responding to the higher standard, inLaw360. Please click here to read, “Wave of USPTO Alice Rejections Has Cos. Tweaking Strategies.”

Banner & Witcoff received a National Tier 1 ranking in intellectual property litigation, patent litigation and patent law in the 2016 edition of U.S. News & World Report and Best Lawyers’ “Best Law Firms.” Tier 1 rankings are determined through feedback from clients and peers, as well as from information provided in law firm survey responses.…

Bradley C. Wright discusses the Federal Circuit case, In re: TC Heartland LLC, and its potential to change the standard for where patent cases are heard in Bloomberg. In the article, Mr. Wright said, “It could be an uphill battle. The statute does have a broad definition of residency.” Please click here to read, “Water Flavorings…

John P. Iwanicki and Ernest V. Linek were named as 2015 Massachusetts Super Lawyers for their work in intellectual property law. Super Lawyers’ lists represent the top 5 percent of attorneys in each state. These attorneys are selected through peer nominations and evaluations, and third-party research by Thomson Reuters. Please click here for more information.

Richard S. Stockton points out that a design patent should be considered when the product’s features drive commercial success or when product activities extend beyond the U.S. in the Law360 article, “5 Times to Consider Filing for Design Patents.” Please click here to read the article.