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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Upcoming Events

May 28, 2015
MBHB Partner Patrick G. Gattari is the Featured Presenter
June 3, 2015
June 25-26, 2015
MBHB Partners James Suggs and Nicole Reifman are Featured Course Leaders for this Management Forum-Sponsored Program

Past Event

May 22, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter
May 21, 2015
May 13, 2015
MBHB Partner Dr. Kevin Noonan Is a Featured Presenter
May 13-15, 2015
MBHB Partner Dr. Kevin Noonan Is a Featured Presenter
May 12-14, 2015
MBHB Partners Dr. Kevin Noonan and Dr. Donald Zuhn are Featured Presenters at this PLI-Sponsored Seminar

Publications

Spring 2015 (snippets)
In a recent verdict, a California federal jury found that Robin Thicke and Pharrell Williams’ smash hit “Blurred Lines” copied Marvin Gaye’s 1977 song “Got To Give It Up” and awarded Marvin Gaye’s children $7.39 million in damages for copyright infringement. In a follow-up to our earlier articles, we discuss some of the issues raised in the case and what impact, if any, the decision can have on musicians who try to emulate a particular genre or another artist’s sound.
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 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)
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)
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.).
May 26, 2015 (snippets Alert)
MBHB snippets Alert - May 26, 2015

The Supreme Court issued its decision today in Commil USA, LLC v. Cisco Systems, Inc. In a nutshell, the Supreme Court held that a good faith belief in invalidity (or presumably unenforceability) is no longer a defense against inducement (and presumably contributory infringement).
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