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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Partner
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News

MBHB Partners Kevin Noonan and Donald Zuhn Set to Attend on Behalf of Firm
MBHB Partners Daniel Boehnen and Grantland Drutchas Are Featured Co-Speakers for Case Study Presentation
MBHB partner Leif R. Sigmond, Jr. is a Featured Speaker for a Breakout Session
MBHB Partner Sydney Kokjohn Is a Featured Moderator for One of the Panels
MBHB Partners Kevin Noonan, Ph.D. and Donald Zuhn, Ph.D. Are Featured Presenters

Upcoming Events

September 10-11, 2015
MBHB Partners Joseph Herndon, Bradley Hulbert, Kevin Noonan, Ph.D., Thomas Wettermann and Donald Zuhn, Jr., Ph.D. are Featured Presenters
September 22, 2015
MBHB Partners Kevin E. Noonan, Ph.D. and Andrew W. Williams, Ph.D. Are the Featured Presenters
October 1, 2015
MBHB Partner Dr. Paul Tully Is a Featured Presenter at this ACI-Sponsored Program
December 9, 2015
December 10-11, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter

Past Event

August 27, 2015
MBHB Partners Grantland G. Drutchas and Dr. Donald L. Zuhn, Jr.., Ph.D. Are the Featured Presenters
July 30, 2015
MBHB Partner James M. McCarthy Is the Featured Presenter
July 20-21, 2015
MBHB Partners Kevin Noonan, Donald Zuhn and Paul Tully Are Featured Presenters
June 26, 2015
MBHB Partner Bradley Hulbert Is a Featured Co-Speaker for a Panel Presentation
June 25-26, 2015
MBHB Partners James Suggs and Nicole Reifman are Featured Course Leaders for this Management Forum-Sponsored Program

Publications

August 14, 2015 (snippets Alert)
MBHB snippets Alert - August 14, 2015

The Federal Circuit issued a unanimous en banc decision yesterday regarding when joint tortfeasors may be held liable for literal infringement in Akamai Technologies Inc. v. Limelight Networks, Inc. In its opinion, the court held that method claims can be literally infringed when individual steps of a claimed method are performed by more than one actor under certain circumstances.
July 22, 2015 (snippets Alert)
MBHB snippets Alert - July 22, 2015

In a seriously fractured decision, the Federal Circuit construed the provisions of the Biologics Price Control and Innovation Act (BPCIA or Act) in Amgen Inc. et al. v. Sandoz Inc. In doing so, the court limited the information available to biologic drug makers regarding a competitor’s application for a biosimilar product (adopting Sandoz’s argument). On the other hand, the decision extended the statutory exclusivity period enjoyed by innovator biologic drug makers relating to when the biosimilar applicant can enter the marketplace (as Amgen argued).
Spring 2015 (snippets)
The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered business method review (IPR, PGR, and CBM, respectively). The AIA also provided explicit estoppel provisions with respect to District Court litigation for those proceedings.
Spring 2015 (snippets)
The patent statute makes it clear that subject matter that would have been obvious to one of ordinary skill in the art as of the effective filing date of a patent application is not patentable. The considerations relevant to obviousness have been set for some time: (1) the scope and content of the prior art; (2) the level of ordinary skill in the art; (3) the differences between the claimed subject matter and the prior art; and (4) secondary considerations of non-obviousness. There has, however, been much litigation on how courts are to apply these considerations to determine whether an invention would have been obvious and therefore not patentable.
Spring 2015 (snippets)
The recent interpretation of patent eligible subject matter under 35 U.S.C. § 101 by the Supreme Court in Alice v. CLS Bank in June 2014 has caused confusion in the patent world regarding the validity and practicality of software and business method patents. In Alice, the Supreme Court held that claims directed towards a computer-implemented means of mitigating settlement risk by using a third-party intermediary did not qualify as eligible subject matter.
Spring 2015 (snippets)
In a 7-2 decision authored by Justice Alito, the Supreme Court held on March 24, 2015, that issue preclusion may apply to Trademark Trial and Appeal Board (TTAB) decisions (B&B Hardware, Inc. v. Hargis Industries, Inc.).
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