Birch Stewart Kolasch and Birch

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Main Office: Falls Church, VA
Participating Offices: Falls Church, VA; San Diego
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Ratings principally based on over 6,500 associate surveys (3rd-5th years). See The American Lawyer's 2006 Midlevel Associates Survey.

Firm News

Falls Church News Press
Ray Stewart, Founding Partner of FC Law Firm, Dies at Age 80Falls Church News PressRay Clarence Stewart, founding partner of the Falls Church intellectual property law firm Birch Stewart Kolasch Birch, died April 26 at Inova Fairfax Hospital. He had suffered Parkinson's disease. Stewart, a resident at The Virginian Retirement …
United States: Full steam ahead for Jack Daniel's trade dress suitLexology (registration)Section 1114 of the Lanham Act (15 USC) protects registered trademarks and trade dress against infringement by unauthorised users of confusingly similar marks. Non-registered trademarks and trade dress are similarly protected under Section 1125(a) (15 ...and more »
Bloomberg BNA
For Olympics, Much at Stake in Trademark EnforcementBloomberg BNA5 in Rio de Janeiro—are on solid footing in enforcing their rights but could possibly do more to temper the bad publicity generated by heavy-handed tactics, trademark lawyer Robert J. Kenney of Birch Stewart Kolasch Birch LLP, Falls Church, Va., told ...and more »
Federal Hiring Freeze Could Hurt Patent QualityLaw360 (subscription)Law360, New York (January 24, 2017, 8:43 PM EST) -- President Donald Trump fulfilled a campaign pledge Monday and instituted a hiring freeze in the federal workforce, a move attorneys believe has the potential to hurt the quality of patents and hamper ...
World Intellectual Property Review (subscription)
WIPR webinar: Accumulate evidence of good faith after Halo, BSKB advisesWorld Intellectual Property Review (subscription)Parties should accumulate evidence of subjective good faith in order to protect against a finding of wilful patent infringement and triple damages in light of Halo Electronics v Pulse Electronics. This is the opinion of Michael Mutter, head of law firm …
Fed. Circ. Patent Agent Privilege Rule To Lower Legal CostsLaw360 (subscription)Law360, New York (March 9, 2016, 11:10 PM EST) -- The Federal Circuit's decision this week that some communications between patent applicants and nonlawyer patent agents are privileged gives agents far greater freedom to do their jobs and should ...and more »
Corporate Counsel (registration)
Attacking a Patent at the PTO: Beware the Real Party in InterestCorporate Counsel (registration)Eugene T. Perez, a partner with Birch, Stewart, Kolasch & Birch focuses his practice in chemical/lifesciences and biotech matters and post-grant review. He is the editor of and can be reached at VIEW COMMENTS ...and more »
What We Know About Sanctions At The PTABLaw360 (subscription)In inter partes review, covered business method and post-grant review proceedings, the Patent Trial and Appeal Board can impose sanctions “against a party for misconduct,” which may include failure to comply with rules and orders; misleading or …
PTAB Evidence Rules Clarified, Affirming Genzyme LossLaw360 (subscription)Law360, New York (June 14, 2016, 4:50 PM EDT) -- The Federal Circuit affirmed a decision that found parts of two patents covering methods of treating a muscle disease were invalid, issuing a ruling Tuesday that clarifies what evidence the Patent Trial …
Discovery In Post-Grant Review Vs. Inter Partes ReviewLaw360 (subscription)There are many factors that affect which type of post-grant proceeding to file, including timing for filing, estoppel, possible arguments for unpatentability, and available evidence. This article will focus on discovery in post-grant review versus …
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