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
-
September 8, 2023
USPTO proposals could increase burden on TM counsel
Managing IP
BSKB Partner Michael Smith was recently quoted in an article for Managing IP.
-
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".
Related Presentations
-
November 15, 2023
The means-plus-function issue in WSOU Investments LLC v. Google LLC
-
October 25, 2023
In re Cellect: Patent Term Adjustment (PTA) under 35 USC § 154; Patent Term Extension (PTE) under 35 USC § 156; Obviousness-Type Double Patenting (OTDP); and Terminal Disclaimers (TD)
-
September 20, 2023
A review of the analogous art test: Sanofi v. Mylan, No. 21-1981 (Fed. Cir. May 9, 2023)
-
May 24, 2023
UCB v. Actavis Laboratories – Relying on range limitations in claims to distinguish from prior art
Recent News
-
September 5, 2023
BSKB Lawyers Recognized as Best Lawyers® Award Recipients
Birch, Stewart, Kolasch & Birch, LLP is pleased to announce that 4 lawyers have been included in the 2024 edition of The Best Lawyers in America®.
-
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.