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  • Article

    Three Ways To Challenge A Patent - Pro And Cons

    An inter partes review (IPR) is a newly established mechanism for challenging patent validity through an evidentiary proceeding before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Justice Characterizes Alice v. CLS Bank as Being on the Idea Of "Solvency," Or "Computer, Stop;" While All Justices Search Among King Tut, Scylla, Charybdis And Archimedes For Inspiration

    The Supreme Court heard oral argument in the case concerning whether inventions executed on computers are patent-eligible subject matter.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Decides "Golan v. Holder"

    Public Domain? – Maybe Not. When information enters the public domain it is free for anyone to use it – right? Maybe yes and maybe no.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    AIPLA CLE Webinar (Dec. 10): Constitutionality Of Protecting Product Designs Both As Design Patents And As Trade Dress

    On December 10, 2019 from 12:30 PM to 2:00 PM (Eastern Standard Time), the American Intellectual Property Law Association (AIPLA)...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Federal Circuit CLS Bank Decision On Computer-Implemented Inventions Just Handed Down

    The Federal Circuit has issued its CLS Bank decision on the eligibility of computer-implemented inventions for patenting.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Considers Intellectual Property Issues In Current Term

    During the current term, the Supreme Court has either heard or will be hearing oral arguments, and has either issued or will be issuing its ruling for three important intellectual property cases.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Motions To Amend In Inter Partes Review Proceedings – A Quick Reference

    Board approach to motions to amend highly restrictive.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    The USPTO Announces New Guidelines For Determining Subject Matter Eligibility Under 35 U.S.C. §101 In View Of "Myriad", "Prometheus" And "Chakrabarty"

    The USPTO issued guidelines for the examination of all claims reciting or involving laws of nature/natural principles, natural phenomena, and/or natural products.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    There’s The Devil Federal Circuit Reiterates: No Room For Error In Priority Claims

    The late Chief Judge Giles S. Rich, in an oft-quoted précis of U.S. patent law, remarked that "the name of the game is the claim."
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Who Is A Copyright Pirate?

    Maybe you, if you pay for a high speed Internet connection.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    An Introduction To The Children’s Online Privacy Protection Act

    Do you or your company have a web site?
    United StatesMedia, Telecoms, IT, Entertainment
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Patent Case Attorneys’ Fee Awards: The Supreme Court Characterizes Cases Argued Wednesday As "A Search For Adjectives;" Standards Likely To Change, Fees To Be Awarded More Readily

    The U.S. Supreme Court heard oral argument yesterday in its two cases on attorneys’ fees awards in patent infringement cases.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    "Octane Fitness v. Icon" And "Highmark v. Allcare" — Pivotal Changes To Court Awarded Attorney’s Fees In Patent Litigations

    In two unanimous decisions, the Supreme Court laid down a pair of pivotal changes to the rules governing court awarded attorney’s fees in patent litigations.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    U.S. Implementation Of The Hague Agreement For Industrial Designs: Not A "One-Size-Fits-All" System

    U.S. design patents have recently taken center stage as essential intellectual property assets showcased in the clash between Apple and Samsung and the fashion litigation between Lululemon Athletica and Calvin Klein. In December 2012, U.S. President Barack Obama enacted the Patent Law Treaties Implementation Act of 2012.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Be Prepared: The Importance Of Due Diligence In Choosing Between Bench And Jury Trials

    A complete due diligence effort and a well-crafted trial plan are essential in deciding whether to opt for a jury or bench trial in trademark matters.
    United StatesLitigation, Mediation & Arbitration
    Banner & Witcoff
    Banner & Witcoff
  • Article

    The Federal Circuit Upholds "Cybor’s" Rule That Claim Construction Is Subject To "De Novo" Appellate Review

    On Friday, the Federal Circuit reaffirmed 6–4 in "Lighting Ballast Control LLC v. Philips Electronics North America Corp.", that its holding in "Cybor Corp v. FAS Technologies" is still good law.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Quarterback Takes On College Athletics And Video Game Manufacturer

    The student athlete plaintiffs in a putative class action lawsuit against Electronic Arts, Inc (EA), the National Collegiate Athletic Association (NCAA) and the Collegiate Licensing Company (CLC) have a lot to be thankful for this Thanksgiving.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    The Google Books Case – Here’s The Skinny

    I’m sure many of us have fond memories of the venerable library card catalogue.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Rules Prometheus Personalized Medicine Claims Not Patent-Eligible

    On March 20, 2012, the U.S. Supreme Court issued its ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc., striking down patent claims directed to methods of optimizing patient treatment.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Five Considerations When Choosing How To Challenge Patent Validity

    Inter partes review is quickly becoming a popular choice for challenging the validity of a patent.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff

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