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

April 16-18, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter
April 23, 2015
MBHB Partner Joshua R. Rich is the Featured Presenter
May 21, 2015
May 22, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter

Past Event

March 19, 2015
March 10, 2015
MBHB Partner Paul Berghoff is a Featured Panelist at This IPO-Sponsored Program
February 25, 2015
MBHB Attorneys Andrew W. Williams, Ph.D. and John "Jay" M. Schafer Are the Featured Presenters
February 17, 2015
MBHB Partner Andrew W. Williams, Ph.D. is a Featured Panelist at this ABA Sponsored Webinar
February 5, 2015
MBHB Partner James Suggs is the Featured Presenter at this COIN 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)
In a 9-0 decision authored by Justice Sotomayor, the Supreme Court held on January 21, 2015 that trademark tacking is a question of fact, which should be decided by a jury. The case, Hana Financial, Inc. v. Hana Bank, sought to resolve the circuit split regarding this issue of whether a judge or a jury should decide the issue of trademark tacking.
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.
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