Litigation
When challenges arise before or after a patent is granted by the United States Patent and Trademark Office (USPTO), BSKB’s intellectual property attorneys are there to help. BSKB’s litigation practice group counsels and represents its clients before trial and appellate courts, the Patent Trial and Appeal Board (PTAB), and the Trademark Trial and Appeal Board (TTAB). BSKB attorneys also have experience in patent opposition proceedings in foreign countries.
BSKB attorneys have represented both plaintiffs and defendants in patent litigation in district courts and the Court of Appeals for the Federal Circuit (CAFC). BSKB also has extensive experience practicing before the PTAB both prior to and after the institution of the America Invents Act. Current and former matters before the PTAB include inter partes reviews and post-grant proceedings, patent interference proceedings, and various types of reexaminations. Our attorneys have a broad range of technical backgrounds and our firm is regularly involved in proceedings involving patents in a variety of technical areas.
We are well-versed in the rules and procedures governing trademark oppositions and petitions for cancellation before the TTAB and litigation of trademark disputes in the courts.
Our broad technical expertise, deep knowledge of the substantive law, and significant experience with adversarial proceedings enables us to effectively advocate on our clients’ behalf, to establish their right to priority of invention, and to negotiate advantageous settlements.
Attorneys and Professionals
Insights
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June 21, 2022
Who Owns ‘Skin’? Kardashian’s ‘SKKN’ Facing Trademark Ambiguity
Bloomberg Law
BSKB Partner Michael T. Smith was quoted recently in an article regarding Kim Kardashian's new skin care line, "SKKN by Kim".
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April 26, 2022
Label Ruling Upends Generic Medicine Makers
WIPR
The effects of the ‘skinny label’ decision are being felt across pharma. MaryAnne Armstrong of Birch, Stewart, Kolasch & Birch revisits GSK v Teva.
Related Presentations
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May 24, 2023
UCB v. Actavis Laboratories – Relying on range limitations in claims to distinguish from prior art
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May 10, 2023
Discussion of 35 U.S.C. § 103 Rejections and “Known Technique” Rationale
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March 29, 2023
Can an Article of Manufacture be an Abstract Idea?
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March 8, 2023
Duty of Disclosure and Duty of Reasonable Inquiry
Recent News
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June 6, 2023
USPTO DOCX Announcement
The U.S. Patent and Trademark Office (USPTO) has delayed the implementation of the non-DOCX filing surcharge until January 17, 2024. In addition, the option to upload a backup PDF version with the DOCX filing of the application has been extended until further notice.
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February 27, 2023
USPTO ANNOUNCEMENT
The electronic patent grant will be the official statutory patent grant effective April 18, 2023.