Ernest Linek

Ernest Linek

Banner & Witcoff, Ltd.

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TTAB Appeal at USDC – Win or Lose – You Pay the USPTO Costs

On April 23, 2015, the Fourth Circuit Court of Appeals ruled (2-1) in the case of Shammas v. Focarino, that, win or lose, a party who files a U.S. district court appeal from a decision of the Trademark Trial and Appeal Board...more

4/30/2015 - Appeals Litigation Fees & Costs Trademark Trial and Appeal Board USPTO

Intellectual Property Alert: Year-End Brings New Developments in Patent Eligibility

Section 101 of the Patent Act (35 U.S.C. 101) continues to be of concern for patent practitioners, patent applicants and patent owners. The language of this statute defines what constitutes patent eligible subject matter, as...more

12/19/2014

Supreme Court Allows Copyright Action, Holds No Laches Defense

May 20, 2014 — Yesterday, in Petrella v. Metro-Goldwyn-Mayer, Inc. (No. 12-1315), the Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily...more

5/21/2014 - Copyright Copyright Infringement Laches MGM Petrella v. MGM SCOTUS

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