Opinions
& Counseling
BSKB helps clients develop a proactive intellectual property strategy that drives value. We provide legal insight as part of clients’ product and business model design efforts, and can provide opinions to assist with strategic decision-making. BSKB’s experienced attorneys are able to provide detailed opinions regarding freedom-to-operate, validity, infringement, and many other topics. The depth and breadth of our technical expertise ensures that our clients work with an attorney who is thoroughly versed in the technology at hand.
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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February 8, 2018
Prior Art Takes New Shapes: Relying on Non-traditional Prior Art to Invalidate a Patent
Pharmaceutical Patent Analyst
When we teach kids today about Internet privacy, one of the things that is emphasized is that once something has been posted on the Internet, that posting seemingly takes on a life of its own, with an eternal existence, even if the original poster deletes the posting. Unfortunately, companies have not learned this lesson and temporal items, such as press releases and Internet publications, can come back to haunt a patent owner in the form of invalidating prior art for a post-grant review. The following paragraphs consider ‘non-traditional’ prior art, for example, press releases, Internet publications, drug labels among others, and examine considerations in determining whether such non-traditional prior art can be used as a basis for invalidating a patent.
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Related Presentations
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September 9, 2020
AI Inventor Debate
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June 17, 2020
Cardionet, LLC v. Infobionic, Inc, Appeal No. 2019-1149 (Fed. Cir. Decided April 17, 2020) (Precedential)
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May 20, 2020
The Buck Stops with the PTAB
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September 20, 2018
“Berkheimer v. HP, Inc.”
Recent News
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September 10, 2020
It’s Apple vs. Startup in Faceoff Over Who Can Use Fruit Logos
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.”
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August 31, 2020
Eric H. Liou joins Birch, Stewart, Kolasch & Birch
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.
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