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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Upcoming Events

March 7, 2017
MBHB Partner Dr. Emily Miao is a Featured Presenter
March 14, 2017
MBHB Partners Dr. Andrew Williams and James Lovsin Are the Featured Presenters

Past Event

February 22, 2017
January 19, 2017
MBHB Partners Dr. Michael Borella, Dr. Kevin Noonan and Dr. Donald Zuhn Are Featured Presenters
January 17, 2017
MBHB Partner Kirsten Thomson Is a Featured Presenter
November 15, 2016
November 8, 2016
MBHB Partner Dr. Kevin Noonan Is a Featured Co-Speaker

Publications

February 22, 2017 (snippets Alert)
MBHB snippets Alert - February 22, 2017

In an opinion by Justice Sotomayor, the Supreme Court today reversed the Federal Circuit's decision in Life Tech. Corp. v. Promega Corp. involving the proper scope of infringement under 35 U.S.C. § 271(f)(1). This provision provides infringement for exporting "all or a substantial portion of the components of a patented invention," and the Court's decision involved whether exporting only one component was enough for infringement liability.
Fall 2016 (snippets)
September 16, 2016, marked the fourth anniversary of the effective date for the invalidity proceedings before the Patent Trial and Appeal Board created by the America Invents Act (AIA). These new AIA proceedings, particularly covered business method reviews and inter partes reviews, had an almost immediate impact on litigation defense strategies in the financial services and technology fields. The impact in the bio/pharma field was slower at the beginning, but the number of AIA petitions for review of bio/pharma patents has steadily increased over the past four years.
Fall 2016 (snippets)
The Trans-Pacific Partnership was the latest in a series of multination international agreements aimed at reducing trade barriers and promoting global free trade. However, the subject matter scope of this agreement and the secrecy with which it was negotiated have engendered deep suspicions from a variety of groups regarding whether its goal is truly free trade or whether there are more nefarious motivations behind it. And with the election of Donald Trump, these efforts have apparently amounted to nothing.
Fall 2016 (snippets)
In a highly publicized decision of over a year ago, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co., deciding that Costco Wholesale Corp. willfully infringed Tiffany’s trademark. Judge Swain’s initial ruling against Costco allowed Tiffany to take Costco before a jury to seek damages, including recovery of Costco’s profits from the sale of the diamond rings, statutory damages, and punitive damages. After several delays, the jury finally met at the end of September for “Phase I” of the trial during which they decided (1) the amount of Costco’s profits and statutory damages under the Federal Lanham Act, and (2) whether Tiffany was entitled to punitive damages.
Fall 2016 (snippets)
Since the Supreme Court decided Alice Corp. v. CLS Bank Int’l in 2014, patent practitioners and the courts alike have struggled to find clarity in the patent eligibility framework of 35 U.S.C. § 101. For the Federal Circuit in particular, applying the two-step framework set forth in Mayo v. Prometheus and Alice with any consistency has proven difficult, as the lines between abstract and non-abstract ideas, between step one and step two of the framework, and between eligibility (§ 101) and patentability (§§ 102, 103, or 112) have grown fainter.
December 6, 2016 (snippets Alert)
MBHB snippets Alert - December 6, 2016

On December 6, 2016, the Supreme Court ruled unanimously, in an opinion by Justice Sotomayor, that an award of total profits for infringing a design patent need not be calculated based only on the end product sold to an ordinary consumer. More particularly, in the case of a multicomponent product, the damages award may be calculated based on subcomponents of the end product. In Samsung v. Apple, the Supreme Court applied this rule to reverse Apple’s $400 million damages award against Samsung.
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