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

February 23, 2016
MBHB Partner Dr. Kevin Noonan Is a Featured Presenter at this ACI-Sponsored Program
February 24, 2016
March 16, 2016
MBHB Partner Daniel Boehnen and Bristows LLP Partner Edward Nodder Are the Featured Co-Presenters
May 25, 2016
MBHB Partner Dr. Kevin Noonan Is the Featured Presenter at this ALA-Sponsored Session

Past Event

January 21, 2016
MBHB Attorneys Michael Borella, Ph.D., Kevin Noonan, Ph.D. and Donald Zuhn, Jr., Ph.D. Are the Featured Co-Presenters
January 20, 2016
MBHB Partner Joseph Herndon Is the Featured Presenter at this LSI-Sponsored Program
December 10-11, 2015
MBHB Partner Bradley Hulbert Is a Featured Presenter
December 9, 2015
December 3-4, 2015
MBHB Partners Anthoula Pomrening and James Suggs Are Featured Co-Presenters at this Management Forum-Sponsored Conference  

Publications

Fall 2015 (snippets)
According to a recent court ruling, Costco sold counterfeit diamond engagement rings bearing the Tiffany name and confused relevant consumers by using the word “Tiffany” in display case signage. The court rejected Costco’s fair use defense and assertion that Tiffany’s trademarks were invalid because they sought to prevent others from using the word “Tiffany” as a generic description of a type of ring setting. Under the ruling, Tiffany can now take Costco before a jury to seek damages, including recovery of Costco’s profits from the sale of the diamond rings and punitive damages.
Fall 2015 (snippets)
This is the perfect time and environment in which to take a close look at your trademark portfolio. It is the time to be thankful for your brand’s position in the market and the investments you have made into searching, registering, maintaining, and enforcing your trademarks. But it is also the time to set goals and develop plans to make better use of your trademark portfolios.
Fall 2015 (snippets)
Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others. However, there are many issues to be aware of when seeking trademark protection.
Fall 2015 (snippets)
Under the Federal Trade Commission (“FTC”) Act, advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims, and advertisements cannot be unfair. An advertisement is deceptive if it misleads reasonable consumers and is material to a consumer’s decision to purchase a product. An advertisement is unfair if it causes substantial unavoidable injury that is not outweighed by its benefit to consumers.
Summer 2015 (snippets)
In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs, however, he sent portions of Goldman’s high frequency trading code to a German server for his own future use. After Goldman found out, it went to the FBI; Aleynikov was then arrested on a flight home from a visit to Chicago. With that arrest began a circuitous journey through the U.S. legal system, governed by two different sovereigns and under two different legal regimes – neither one of which was ultimately found to cover his actions.
Summer 2015 (snippets)
In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect functional aspects of a design, trade dresses cannot.
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