Banner Witcoff

THE IMPORT OF ELECTRONIC DATA:  FEDERAL CIRCUIT APPEARS UNLIKELY TO AFFIRM COMMISSION’S JURISDICTION OVER DIGITAL “ARTICLES” By Aaron Bowling The United States International Trade Commission (ITC or Commission) possesses unique powers under 19 U.S.C. § 1337 (Section 337). Upon finding that a party engaged in “unfair acts,” e.g., patent or trademark infringement, the ITC issues “exclusion…

THE USPTO ANNOUNCES ADDITIONAL GUIDELINES FOR DETERMINING SUBJECT MATTER ELIGIBILITY UNDER 35 U.S.C. § 101 By Brian J. Emfinger On July 30, 2015, the United States Patent and Trademark Office issued additional guidelines for use by USPTO personnel in determining subject matter eligibility under 35 U.S.C. § 101. These additional guidelines follow the public comments provided…

Richard S. Stockton points out in the Aug. 3, 2015, edition of the Daily Journalthat the long-running dispute between the Academy of Motion Picture Arts and Sciences and GoDaddy.com LLC could largely benefit trademark owners. “It’s important because trademark owners now have a vehicle for going right after the registrar as opposed to just the cybersquatter,” Mr.…

The American Bar Association’s Section of Intellectual Property Law (ABA-IPL) has named Darrell G. Mottley editor-in-chief of its Landslide magazine. Mr. Mottley previously served as deputy editor-in-chief and moved into his new role at the ABA Annual Meeting in Chicago, July 30-Aug. 4, 2015. He will serve a two-year term. The ABA-IPL publishes Landslide magazine six times a year, offering analysis,…

Charles W. Shifley discusses whether inter partes reviews could lead to a decrease in patent applications and litigation in the August 2015 issue of Chicago Lawyer magazine. Please click here to read, “Patently Dangerous: Rise of the ‘Death Squad.'”

In the July 27 article, Mr. Dannenberg weighs in on a lawsuit filed by the state of Georgia against a political activist for allegedly uploading and distributing copies of its annotated laws online. According to the state, the uploaded copies of the Official Code of Georgia Annotated (OCGA) infringe its copyright. Mr. Dannenberg points out that “laws,…

FEDERAL DISTRICT COURT AFFIRMS CANCELLATION OF “REDSKINS” MARKS ON SUMMARY JUDGMENT AND HOLDS THAT FIRST AMENDMENT DOES NOT CONTROL By Maurine L. Knutsson On July 8, 2015, the Federal District Court of the Eastern District of Virginia affirmed the Trademark Trial and Appeal Board’s cancellation of the REDSKINS federal trademark registrations owned by Pro-Football, Inc. Pro-Football Inc.…

Banner & Witcoff welcomes Benjamin Koopferstock and Javier A. Liceaga to the Washington, D.C., office as associates. Mr. Koopferstock focuses his practice on the preparation and prosecution of patent applications. He has prepared and prosecuted patent applications in the fields of computer software, electronic circuits, analytics, supply chain management, databases, user interfaces, consumer electronics, seismic…

FEDERAL CIRCUIT HOLDS CLAIMS INDEFINITE BASED ON PROSECUTION HISTORY IN TEVA PHARMACEUTICALS USA V. SANDOZ, INC. By R. Gregory Israelsen and Shawn P. Gorman On June 18, 2015, the United States Court of Appeals for the Federal Circuit released its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.i The case was on remand from the Supreme Court,…

Bradley J. Van Pelt and Brittany M. Martinez discuss how patent holders can prepare for the issue of obviousness in inter partes reviews in their Law360 Expert Analysis article, “Preparing for the Obvious at the PTAB.” In the article, they say precedent indicates that the Patent Trial and Appeal Board is twice as likely to invalidate claims…