Banner Witcoff

Banner & Witcoff client LMK Technologies LLC’s recent win against BLD Services LLC at the Patent Trial and Appeal Board is featured in the Law360 article, “PTAB Says Rehashed Args. Sink Pipe Rehab Patent Reviews.” In the article, Christopher L. McKee, who represents LMK, says “this is a well-deserved victory for LMK,” and that the PTAB “properly exercised its discretion…

Michael S. Cuviello discusses the U.S. Patent and Trademark Office’s proposed pilot program that would require one group of judges to decide whether to institute an inter partes review and another group of judges to determine the patent’s validity with World Intellectual Property Review. Please click here to read the article, “USPTO calls for feedback on PTAB judge pilot programme.”

On August 24, 2015, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board ruled in favor of firm client LMK Technologies, LLC, declining institution of inter partes reviews on two petitions filed by BLD Services, LLC. The decisions issued in IPR2015-00723 (Paper 7) and IPR2015-00721 (Paper 9). The LMK patents at issue pertain to trenchless…

On August 22, 2015, Banner & Witcoff clients Microsoft Corp. and NIKE Inc. were recognized for their design excellence at the Industrial Designers Society of America’s 2015 International Design Excellence Awards Gala in Seattle. Microsoft received the Silver Award for its Microsoft Start Experience Windows 10 in the Digital Design category. NIKE was honored with…

The Chicago Daily Law Bulletin highlights Helen Hill Minsker’s participation in “Trademark Law and Its Challenges 2015,” the sixth annual symposium presented by The McCarthy Institute for Intellectual Property and Technology Law, the International Trademark Association and Microsoft Corp., on Sept. 26, 2015, in San Francisco. The symposium brings together brand owners, trademark attorneys, and public policymakers…

The July 2015 edition of Managing Intellectual Property features the busiest companies and law firms at the Patent Trial and Appeal Board so far this year. According to the article, “Data: PTAB Petitioners, Patent Owners and Law Firms in the First Half of 2015,” MIP used Docket Navigator to analyze PTAB petitions filed in the first half of 2015…

AKAMAI V. LIMELIGHT: FEDERAL CIRCUIT FINDS DIRECT INFRINGEMENT OF METHOD CLAIMS WHERE STEPS PERFORMED BY OR ATTRIBUTABLE TO SINGLE ENTITY By Jeffrey H. Chang A unanimous en banc Federal Circuit held that, despite some of the claimed method steps being performed by Limelight’s customers, substantial evidence supported the jury’s finding that Limelight directly infringed a method claim because…

Joseph J. Berghammer, Peter D. McDermott, V. Bryan Medlock Jr., Jon O. Nelson, Joseph M. Potenza, Christopher J. Renk, Charles W. Shifley and Bradley C. Wright are listed as leaders in intellectual property law in the 2016 edition of Best Lawyers in America. Inclusion in Best Lawyers® is based entirely on peer review. The methodology is designed to…

Mr. Porter explains how the Federal Circuit’s en banc decision in Akamai v. Limelight may impact how parties draft patents in the Law360 article, “Limelight case widens scope of direct infringement.” He also discusses how the case may give patent applicants more flexibility in meeting Section 101 of the Patent Act relating to patentable subject matter. Please click here to read the article (subscription required).

SUPREMA, INC. V. ITC: ITC CAN EXCLUDE, UNDER INDUCEMENT THEORY, IMPORTED PRODUCTS THAT ONLY INFRINGE AFTER IMPORTATION By Jeffrey H. Chang On August 10, 2015, an en banc Court of Appeals for the Federal Circuit held that the International Trade Commission’s interpretation of Section 337 was reasonable and therefore that the ITC has the authority to exclude, under a…