Litigation

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Our attorneys have an exceptional range of litigation experience and technical knowledge.

We try cases and we win. Our attorneys represent clients aggressively, effectively, and efficiently in all types of intellectual property litigation before all forums, including the federal courts, the International Trade Commission, the U.S. Patent and Trademark Office, and in private mediation. Our clients include a wide range of companies, from small start-ups to Fortune 100 companies. We represent both plaintiff and defense positions in litigation.

Our attorneys are experienced with litigating disputes over patent, trademark and copyright infringement, trade secret misappropriation, and unfair competition. We represent clients in interference proceedings and trademark opposition and cancellation proceedings. Our technical skills extend to numerous technology areas, including biotechnology, business methods, chemical, computing, electrical, mechanical and materials, pharmaceuticals and diagnostics, and telecommunications.

At MBHB, our broad litigation experience and technical knowledge are particularly valuable to clients in protecting and enforcing their rights through a variety of infringement litigation procedures, including temporary restraining orders, preliminary injunctions, Markman hearings, bench and jury trials, and appeals. Even in the heat of litigation, we keep our focus on our clients' business goals. We always understand what is truly important to our clients.

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Associate
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Associate
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Associate
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Of Counsel
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Associate
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Upcoming Events

May 23-24, 2013
MBHB Attorneys James Suggs and Nicole Reifman are Featured Course Leaders for this Management Forum-Sponsored Program
May 30, 2013
MBHB Partner Andrew Williams Is the Featured Moderator
June 11, 2013

Past Event

May 17, 2013
MBHB Partner Brad Hulbert is a Featured Co-Presenter at this Management Forum-Sponsored Conference
May 16, 2013
MBHB Partner James McCarthy Is the Featured Presenter
May 16, 2013
MBHB Partner Brad Hulbert is a Featured Co-Presenter at this Management Forum-Sponsored Conference
May 14-16, 2013
MBHB Partners Kevin Noonan and Donald Zuhn are Featured Presenters at this PLI-Sponsored Seminar
April 29, 2013
MBHB Partner Paul Tully Is a Featured Presenter at this AOCS-Sponsored Event

Publications

May 20, 2013 (snippets Alert)

On May 20, 2013, new rules of practice and procedure go into effect for International Trade Commission Section 337 Investigations, 19 C.F.R. Parts 201 and 210. Many of these rule changes were made for the purposes of making technical corrections or clarifications to the rules and will have little direct impact upon a complainant or respondent’s strategy in navigating through a Section 337 Investigation. However, some of the changes to the rules, particularly those changes to the rules governing the initiation of an Investigation (§210.12), the termination of an Investigation (§210.21), and the scope of discovery (§210.18), are worthy of attention.

May 14, 2013 (snippets Alert)
The Supreme Court ruled unanimously May 13, 2013 in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer Vernon Hugh Bowman, that Monsanto’s rights in its seed had been “exhausted” by their first sale (here, to a grain elevator) and that the Court should reject any “special exception” to the first-sale doctrine of patent exhaustion for “self-replicating technologies.”
Spring 2013 (snippets)
Since President Obama entered the White House in 2009, his administration has undertaken a number of steps toward stricter policing of international trade secret misappropriation. Those efforts reached a turning point early this year with the release of the “Administration Strategy on Mitigating the Theft of U.S. Trade Secrets.” At the same time, however, news reports have suggested that the Chinese government has facilitated – and even been responsible for – the misappropriation of U.S. trade secrets. As a result, the Obama Administration has ramped up efforts to protect trade secrets against Chinese misappropriation.
Spring 2013 (snippets)
As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity status grants an applicant a seventy-five percent reduction of fees associated with filing, searching, examining, issuing, appealing and maintaining patent applications and patents. The new section sets forth procedures pertaining to claiming micro entity status, paying fees as a micro entity, notifying the United States Patent and Trademark Office (USPTO) of loss of micro entity status, and correcting erroneously paid fees. An applicant has two options for qualifying as a micro entity, which are provided in 35 U.S.C. §§ 123(a) and 123(d) (and implemented in 37 C.F.R. § 1.29). Each is addressed in this article.
Spring 2013 (snippets)
On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of course, this break is far from clean as applications filed before March 16, 2013, as well as certain applications filed after March 15, 2013, will continue to enjoy the advantages of the old first-to-invent system. Since the AIA was enacted on September 16, 2011, the U.S. Patent and Trademark Office (USPTO) has played an important role in implementing the new patent law. In the eighteen months between the statute's enactment and the March 16 effective date, the USPTO published twelve notices of proposed rulemaking, issued a patent trial practice guide, and published a guidance document on the FITF provisions of the AIA, all of which culminated in the revision of the rules of practice in title 37 of the Code of Federal Regulations (C.F.R.). Set forth in this article are a few rule revisions that practitioners should pay careful attention to as we proceed into the FITF regime.
April 4, 2013 (snippets Alert)
The United States Patent and Trademark Office (“USPTO”) published its final rules in the April 3, 2013 Federal Register in preparation for adopting the new USPTO Rules of Professional Conduct (“USPTO Rules”). This is significant for any patent practitioner that has a USPTO registration number. Patent attorneys will no longer need to go back and forth between the old Model Code, as previously adopted by the Office, and the newer Model Rules, used by almost every jurisdiction in the U.S. However, Patent agents not accustomed to the ABA Model Rules will need to familiarize themselves with a completely new set of ethical obligations. We will highlight these changes in a future edition of snippets.

A number of comments were submitted when the USPTO first proposed these rules. One of the more contentious provisions involved the rules impacting the disclosure of confidential information, especially when that information belongs to a different client. The USPTO addressed these comments, and provided a potential solution should that ethical quandary occur. However, it did not change the proposed rules in response to these comments. This article provides an overview of these new rules, and describes the potential ethical quandary related to the disclosure of confidential information, and the USPTO’s response.
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