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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Patent Agent
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Senior Patent Agent
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Senior Patent Agent
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Technical Advisor
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Master Patent Agent
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Senior Patent Agent
P: 312.913.3319
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P: 312.913.3304
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Senior Patent Agent
P: 312.913.3380
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P: 312.913.3398
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Associate
P: 312.913.2125
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Patent Agent
P: 312.913.3362
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P: 312.913.3311
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Senior Patent Agent
P: 312.913.3393
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Master Patent Agent
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P: 312.913.3338
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P: 312.913.2112
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P: 312.913.2129
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Patent Agent
P: 312.913.3358
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P: 312.913.2101
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P: 312.935.2359
F: 312.913.0002
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P: 312.913.3302
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P: 312.935.2370
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P: 312.913.2145
F: 312.913.0002
P: 312.913.3396
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Patent Agent
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P: 312.913.2147
F: 312.913.0002
P: 312.913.3335
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P: 312.913.3349
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Associate
P: 312.913.3339
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P: 312.913.2118
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P: 312.935.2366
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P: 312.913.3329
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P: 312.913.3300
F: 312.913.0002
P: 312.935.2379
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P: 312.913.2128
F: 312.913.0002
Patent Agent
P: 312.913.3363
F: 312.913.0002
P: 312.913.3368
F: 312.913.0002
P: 312.913.2138
F: 312.913.0002
P: 312.913.3301
F: 312.913.0002
Partner
P: 312.913.3390
F: 312.913.0002
Associate
P: 312.913.2142
F: 312.913.0002
P: 312.913.2132
F: 312.913.0002

Upcoming Events

August 25, 2016
September 14-15, 2016
PLI-Sponsored 2-Day Seminar Features 5 MBHB Partners as Presenters
October 19-21, 2016
MBHB Partner Bradley Hulbert Is a Featured Co-Speaker for this PRG-Sponsored Program

Past Event

July 26, 2016
MBHB Partner Dr. Emily Miao Is the Featured Presenter at this MATTER Sponsored Workshop
June 15, 2016
June 11, 2016
MBHB Partner Kirsten Thomson Is a Featured Presenter for this Program
June 7, 2016
May 25, 2016
MBHB Partner Dr. Kevin Noonan Is a Featured Presenter at this IPO-Sponsored Webinar

Publications

June 27, 2016 (snippets Alert)
By now, everyone has likely heard about the United Kingdom’s vote last week to leave the European Union. Few things are certain at this time, as governments around the world are still making plans to deal with Brexit. Once the UK formally requests withdrawal (which may still be months away), its transition out of the EU will be a lengthy process. As of now, no laws have changed as a result of the UK vote last week. We therefore do not recommend taking any drastic action at this time. We do, however, recommend that any businesses with a presence in the EU begin planning for the changes that will ultimately affect trademark and design rights in Europe.
June 20, 2016 (snippets Alert)
MBHB snippets Alert - June 20, 2016

In its first pronouncement regarding the post-grant reviewing proceedings established by the America Invents Act (“AIA”), the Supreme Court ruled that the Patent and Trademark Office’s positions on two of the law’s provisions regarding inter partes review (“IPR”) were correct. First, the Court held unanimously that the PTO properly applied the “broadest reasonable interpretation” standard for claim construction for IPRs. Second, six members of the Court also agreed that the statute mandated that the decision to institute an IPR was not subject to judicial review.
June 14, 2016 (snippets Alert)
MBHB snippets Alert - June 14, 2016

On June 13, 2016, the Supreme Court ruled unanimously, in an opinion by Chief Justice Roberts, that an award of enhanced damages pursuant to 35 U.S.C. § 284 should be within the sound discretion of a district court, albeit wherein this discretion is limited to “egregious cases of misconduct beyond typical infringement.” The decision in the combined Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc. cases reverses the Federal Circuit test established in In re Seagate Tech., LLC, which had required a patentee to satisfy a two-part test (having subjective and objective components) to establish willful infringement.
Spring 2016 (snippets)
In March 2015, the FDA approved the first biosimilar application, which was for a follow-on biologic drug of Amgen’s reference product NEUPOGEN® (filgrastim). Yet, before the applicant, Sandoz, could launch its biosimilar under the brand name ZARXIO®, it had to wait for the Federal Circuit to interpret the controlling statute, the Biologics Price Competition and Innovation Act (“BPCIA”). This year, a different applicant with an approved biosimilar drug is in a very similar situation.
Spring 2016 (snippets)
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America-Invents-Act (AIA), which altered the language in the statutes that apply to the on-sale bar, has made it difficult to determine what actions might constitute a “sale” or an “offer for sale” under current law. Nevertheless, a clear understanding of the on-sale bar is necessary to enable entities of all sizes—from single inventors to large corporations—to effectively monitor activities surrounding their inventions, and to enable attorneys to provide such entities with accurate and useful advice.
May 11, 2016
MBHB snippets Alert - May 11, 2016

This afternoon, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law, creating a new Federal cause of action for misappropriation of trade secrets. The new law is the most significant expansion of Federal intellectual property law in a generation, and brings with it significant benefits – but also new responsibilities – for intellectual property owners and employers. And in this era of narrowed subject matter eligibility for patenting, the DTSA may provide enough of an incentive for intellectual property owners to keep more information as trade secrets.
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