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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May 11, 2020
The Importance of Correctly Identifying Goods and Services
World IP Review
Trademark rights are acquired through use of a mark in commerce. Applicants must correctly identify
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July 2, 2018
Case Law as a Guide to Trademark Ownership, Licensing and Enforcement
World Trademark Review
Under common law, ownership is conferred through first use of a trademark– including use by a licensee. Recent case law can help to determine which party has the right to enforce the licensed mark where an infringement suit arises.
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Related Presentations
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December 9, 2020
Precedential Decisions When Challenging Patents
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December 2, 2020
ClearCorrect Operating, LLC v. ITC
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November 18, 2020
USPTO’s recent changes in its revised First Action Final Rejection (FAFR) policy appear navigable to Patent Practitioners
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September 9, 2020
AI Inventor Debate
Recent News
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December 23, 2020
Season’s Greetings
Wishing you a safe and wonderful holiday season and a happy New Year.
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December 1, 2020
BSKB ranked in 2021 "Best Law Firms"
Birch, Stewart, Kolasch & Birch, LLP has been ranked in the 2021 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 3 practice areas and regionally in 3 practice areas.
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