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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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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