Banner & Witcoff, Ltd.

Ten South Wacker Drive
Chicago, IL 60606-7407, United States

  • 312.463.5000
  • 312.463.5001

Intellectual Property Alert: U.S. Supreme Court Rules in ABC v. Aereo

On June 26, 2014, the U.S. Supreme Court decided American Broadcasting Companies, et al. v. Aereo. The 6-3 ruling holds that Aereo’s business model of streaming live broadcast television content over the Internet to its users,…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Intellectual Property Alert: Computer-Implemented Inventions: Ideas That Are Fundamental Truths And Generically Implemented Are Not Patent Eligible

June 20, 2014 — In a unanimous opinion authored by Justice Thomas on June 19, 2014, the Court held in Alice Corp. v. CLS Bank Int’l, 13-298, that all the patent claims in the case, meaning all method, system and…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

U.S. Supreme Court Clarifies Definiteness Standard

Yesterday, the U.S. Supreme Court issued its ruling in Nautilus, Inc. v. Biosig Instruments, Inc. involving the definiteness requirement of 35 U.S.C. § 112 (b). The patent at issue relates to a heart rate monitor capable of…more
| Civil Procedure, Intellectual Property

U.S. Supreme Court Says Induced Infringement Requires Direct Infringement, But Leaves Direct Infringement Standard to Federal Circuit

In a decision dated June 2, 2014, in the case Limelight Networks, Inc. v. Akamai Technologies, Inc. (No. 12-786), the U.S. Supreme Court held that a defendant is not liable for induced patent infringement under 35 U.S.C. §…more
| Civil Procedure, Intellectual Property

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 allowed…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Intellectual Property

Supreme Court Hears Arguments Regarding Induced Infringement in Limelight

On April 30, 2014, the Supreme Court heard arguments in the Limelight Networks, Inc. v. Akamai Technologies, Inc.... Please see full alert below for more information. …more
| Civil Procedure, Intellectual Property

Octane Fitness v. Icon and Highmark v. Allcare — Pivotal Changes to Court Awarded Attorney’s Fees in Patent Litigations

April 30, 2014 - On Tuesday, in two unanimous decisions, the Supreme Court laid down a pair of pivotal changes to the rules governing court awarded attorney's fees in patent litigations... Please see full alert below for…more
| Civil Procedure, Civil Remedies, Intellectual Property

Justices Set to Rule on Test for Patent Indefiniteness

On April 28, 2014, the U.S. Supreme Court heard arguments in Nautilus Inc. vs. Boisig Instruments, Inc... Please see full alert below for more information. …more
| Civil Procedure, Intellectual Property

U.S. Supreme Court Hears Oral Arguments in ABC v. Aereo

April 23, 2014 - Yesterday, the U.S. Supreme Court heard oral arguments in American Broadcast Companies, et al. v. Aereo. The case presents issues of copyright law in the context of streaming video content over the internet, but…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

IP Decisions Abound at the Supreme Court in Spring 2014

After leaving the realm of intellectual property law alone for decades, and allowing the Federal Circuit 25 years of mostly undisturbed jurisprudence, the United States Supreme Court has strongly reestablished its presence over…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

The Google Books Case – Here’s the Skinny

I’m sure many of us have fond memories of the venerable library card catalog: the musty smell, the tiny wooden drawers and their endless deck of equally tiny, yellowed cards on which someone laboriously typed the Dewey Decimal…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Five Considerations When Choosing How to Challenge Patent Validity

Inter partes review (IPR) is quickly becoming a popular choice for challenging the validity of a patent. The America Invents Act (AIA) established IPR as a mechanism for challenging patent validity through an evidentiary…more
| Civil Procedure, Intellectual Property

Global PHP And IP5 – Latest Iteration In The Patent Prosecution Highway

The Patent Prosecution Highway (also referred to as the “PPH”)embodies numerous bilateral agreements between dozens of countries providing that an indication of allowable subject matter in one country may trigger accelerated…more
| Civil Procedure, Intellectual Property, International Law & Trade

Aesthetic Functionality in the TTAB since Louboutin

The doctrine of aesthetic functionality was revived in the recent Louboutin case to protect the competitive need to use color to communicate a particular message. In that case, Christian Louboutin S.A. tried to enforce its…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Standard For Amending Claims In IPR May Need To Change

The Idle Free decision denied the patent owner’s motion to amend claims on the ground that the patent owner had not proven the patentability of the claims over the prior art. Remarkably, the decision makes no reference to the…more
| Civil Procedure, Intellectual Property
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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • D.C.
  • Massachusetts
  • Oregon
Number of Attorneys

50-100 Attorneys

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