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
May 11, 2020
World IP Review
Trademark rights are acquired through use of a mark in commerce. Applicants must correctly identifyLearn More
July 2, 2018
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.Learn More
September 10, 2020
Michael Smith was quoted in a Bloomberg Law article regarding Apple's opposition to the “federal registration of food prep app Prepear’s logo as a trademark, arguing the green pear-with-leaf logo ‘readily calls to mind’ its iconic bite-out-of-an-apple logo.”Learn More
August 31, 2020
Falls Church, Va., August 31, 2020 — Eric H. Liou has joined Birch, Stewart, Kolasch & Birch, LLP (BSKB) as an associate in the firm’s Electronics and IT Practice Group.Learn More