Patent

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MBHB has experience on both sides of the patent - we are accomplished patent agents and deftly manage the patent prosecution process, while we also provide aggressive, goal-focused counsel in patent litigation matters.

Our attorneys have broad patent litigation experience, both enforcing patents and defending against infringement allegations. Our patent attorneys and patent agents are also highly adept in all aspects of patent procurement, including drafting applications and prosecuting them before the U.S. Patent and Trademark Office as well as in other countries. MBHB prosecutes interferences in the U.S. Patent and Trademark Office and assists in foreign patent oppositions. We negotiate patent licenses and help our clients establish and manage patent portfolios worldwide.

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Upcoming Events

April 29, 2015
MBHB Partner Joshua Rich Is the Featured Presenter at this LES-Sponsored Webinar
April 29, 2015
MBHB Attorney Dr. Michael Borella is a Featured Co-Panelist at this UI-OTM Sponsored Program
May 8, 2015
MBHB Partner Paul Berghoff is the Featured Moderator for this Session
May 21, 2015
May 22, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter
May 28, 2015
MBHB Partner Patrick G. Gattari is the Featured Presenter

Past Event

April 24, 2015
MBHB Partner Andrew Williams is the Featured Presenter at this John Marshall Law School-Sponsored Program
April 23, 2015
MBHB Partner Joshua R. Rich is the Featured Presenter
April 16-18, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter
March 19, 2015
March 10, 2015
MBHB Partner Paul Berghoff is a Featured Panelist at This IPO-Sponsored Program

Publications

March 27, 2015 (snippets Alert)
MBHB snippets Alert - March 27, 2015

On Friday, March 27, Director Lee issued a statement on the PTO Blog, indicating several current and proposed “quick-fix” rule changes. Immediate changes include nearly doubling the number of pages for a motion to amend to up to 25 pages, along with the addition of a claims appendix. Opposition briefing and reply briefing will get a commensurate amount of additional pages. Judges will begin implementing these changes through scheduling orders effective immediately.
Winter 2015 (snippets)
Anticipation is easy enough to establish if the prior art expressly sets forth each of the elements of the claims. However, more interesting issues of proof arise when one or more elements of the claims are not expressly stated in the prior art, but following the prior art necessarily yields the missing elements of the claim.
Winter 2015 (snippets)
It has been about 9 months since Alice Corp. v. CLS Bank International was decided by the Supreme Court. In that time, many district court and Federal Circuit cases have resulted in grants of summary judgment or dismissal based on findings of patent invalidity. Specifically, courts have found the patents at issue to be directed to patent-ineligible subject matter based on the two part framework laid out in Mayo Collaborative Services v. Prometheus Laboratories, Inc., as reiterated and refined in Alice.
Winter 2015 (snippets)
This article highlights some of the takeaway lessons from the Patent Trial and Appeal Board’s decisions and guidance with regard to three of the most important issues: the content of the substitute claim set, the burden of proof, and the requirement of the patent holder to establish patentability of the substitute claims.
Winter 2015 (snippets)
Foreign patent filing decisions should take into account all of the potential additional costs associated with filing, prosecution, and annuity fees, as well as translation and legal service costs for hiring patent practitioners in each jurisdiction. In this article, five tips are discussed for developing a cost-effective strategy for obtaining foreign patent protection.
February 5, 2015 (snippets Alert)
MBHB snippets Alert - February 5, 2015

On February 4, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB” or “Board”) first inter partes review (“IPR”) Final Written Decision. In fact, In re Cuozzo Speed Technologies, LLC. was the first appeal of any IPR Final Written Decision, and it related to the first IPR ever filed. As such, this case was significant not only for its substance, but for what the Federal Circuit said regarding some of the more controversial rules promulgated by the Patent Office for IPR proceedings. With regard to the substance of this case, the Federal Circuit agreed with the Board that the reviewed claims in Cuozzo’s patent were invalid as obvious over the prior art. In this case, the claimed technology was directed to indicating speed limits at particular locations on GPS units.
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