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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September 20, 2024
’Hear my story’ – Giving voice to first-generation lawyers and clerks
WIPR
At BSKB, we are committed to fostering an inclusive legal community. Our latest article by Dr. MaryAnne Armstrong, "’Hear my story’ – Giving voice to first-generation lawyers and clerks" highlights the unique challenges and strengths of new attorneys and law clerks from first-generation and limited-income (FGLI) backgrounds.
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May 20, 2024
First to use: priority of trademark rights in the US
World Intellectual Property Review
BSKB partner Michael Smith was recently published in World Intellectual Property Review’s INTA 2024 Special Edition. His article “First to use: priority of trademark rights in the US” highlights the importance of establishing priority of use in trademark enforcement.
Related Presentations
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October 9, 2024
Recent Developments in Obviousness-Type Double Patenting
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September 25, 2024
Overview of USPTO’s July 2024 guidance on patent subject matter eligibility concerning AI-related inventions
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May 22, 2024
PureCircle USA Inc. v. SweeGen, Inc. (Fed. Cir. 2024)
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May 8, 2024
Guidance for AI-Assisted Inventions
Recent News
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October 7, 2024
USPTO Announcement
On September 25, 2024, the U.S. Patent and Trademark Office (USPTO) issued a Notice that a recent update to their software introduced a coding error into the patent term adjustment (PTA) software used to perform PTA determinations.
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October 3, 2024
USPTO ANNOUNCEMENT
Effective December 15, 2024, the U.S. Patent and Trademark Office (USPTO) will eliminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0).