May 6, 2020
In the article, “PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls,” Tim and Dave advocate for limits on the authority of the Patent Trial and Appeal Board, pointing out, “By pursuing separate invalidity theories of its own making, the PTAB becomes inherently and improperly vested in a negative outcome for patent owners. This is simple human nature, no matter how rational or reasoned PTAB judges attempt to be.”
Tim and Dave have advocated on behalf of clients in numerous patent post-issuance proceedings as members of the Fitch Even PTAB Practice group.
IP Alert | Supreme Court Clarifies Issue Preclusion Principles in Nearly 20-Year Trademark DisputeMay 26, 2020
On May 14, in Lucky Brand Dungarees v. Marcel Fashion Group, the Supreme Court held the principles of claim preclusion did not prevent Lucky Brand from asserting defenses that could have been raised in an earlier action. Read more
- Fitch Even Attorney Tom James Profiled in Chicago Lawyer ArticleMay 22, 2020 Read more