Jan 18, 2018

Finding of Likelihood of Confusion Despite Consent Agreement


On October 30, 2017 the Trademark Trial and Appeal Board (TTAB) affirmed the refusal of registration of the 8-BIT ALEWORKS mark on the ground of a likelihood of confusion with the 8 BIT BREWING COMPANY registered marks and composite mark (shown below) under Section 2(d) of the Lanham Act, 15 USC Section 1052(d). The applicant’s… Read more

Jan 10, 2018

For 2017, The Supreme Court Flips the Two Busiest Patent Venues


For years, the U.S. District Courts for the Eastern District of Texas and the District of Delaware have seen the most patent infringement cases filed by far over the several other courts spread throughout the United States.  Texas led Delaware for years, based in part on a perceived bias in favor of plaintiffs, particularly small… Read more

Jan 4, 2018

Following B&B Hardware, TTAB Decision is Found to Have Preclusive Effect in the Southern District of New York

wine bottle and glass

The United States District Court for the Southern District of New York held that Defendant Peju Province Winery L.P. (“Peju”) is precluded from litigating the likelihood of confusion issue that was decided by the Trademark Trial and Appeal Board (TTAB) in 2004. Plaintiff Cesari S.R.L. (“Cesari”) is an Italian winery that produces wine with the… Read more

Dec 14, 2017

Kirsch and Warenzak Continue Teaching As Adjunct Law Professors

Professor in Classroom

SGR attorneys have a long-standing tradition of teaching at colleges and universities across the country, and SGR’s intellectual property (IP) attorneys are no exception. SGR IP partner Gregory J. Kirsch has served as an adjunct professor of IP law at Emory University School of Law for over 20 years, most recently co-teaching a Patent Practice… Read more

Dec 7, 2017

Dr. Sarah Sharman Joins SGR IP Dept. as Patent Science Advisor

Dr. Sarah Sharman

SGR is pleased to announce that Dr. Sarah Sharman recently joined the firm’s Intellectual Property (IP) Department as a Science Advisor.  Working with the firm’s patent attorneys, Dr. Sharman will assist the firm’s clients with respect to patent application preparation and filing, and other patent-related matters. Dr. Sharman is a recent graduate of Augusta University,… Read more

Nov 25, 2017

SGR Partner Scott Woldow Hosts USPTO Dialogue with INTA: “View from the Outside”

Lawyer on Laptop

SGR Partner Scott Woldow was recently featured in the International Trademark Association’s monthly bulletin regarding a Panel Discussion Scott gave to the Trademark Examination Division.  The topic he spoke on was called “A View from the Outside”.  Former Trademark Examiners discussed the differences between being an Examiner with the USPTO and being a trademark attorney in outside practice.

Nov 6, 2017

U.S. News – Best Lawyers Recognizes SGR’s IP Practices Among Best in the US, Both Nationally and Regionally

Various intellectual property (IP) practice groups of Smith, Gambrell & Russell, LLP (SGR) have once again been named among the best IP practices at law firms in the United States for 2018, both nationally and regionally, by U.S. News – Best Lawyers®.  Specifically, SGR’s Patent Law, Trademark Law, Biotechnology Law and IP Litigation practices were ranked among the top tiers on the… Read more

Oct 17, 2017

SGR IP Attorneys Participate in Charity Golf Tournament

CIP CUP Golf Tournament

On October 17, 2017, SGR Intellectual Property (IP) attorneys Greg Kirsch, Stephanie Scruggs, Matt Warenzak and Courtney Thornton played in the CIP CUP charity golf tournament at St. Ives Country Club, in Johns Creek, Georgia.  SGR was a co-sponsor of this event, which raised money for the Georgia PATENTS program, and the Georgia State University… Read more

Oct 5, 2017

Federal Judge Calls Arguments “Sleazy” But Grants Motion Striking Inequitable Conduct Defense Anyway

Court Appeal 2

In a battle between medical device makers, Nevro Corp. v. Boston Scientific Corp., 16cv6830-VC (N.D.Ca.), Plaintiff Nevro moved to strike Boston Scientific’s affirmative defense of Inequitable Conduct.  The defense was based on an allegation that Nevro failed to inform the patent examiner that he had an incorrect understanding of the prior art.  In its motion,… Read more

Sep 21, 2017

SGR Client InfoGation LLC Survives Google IPR Challenge

Patents File Folder

Smith Gambrell & Russell (SGR) attorneys Michael Makuch and  Ryan Varnum successfully defended the validity of a patent covering turn by turn navigation for our client, InfoGation LLC. On September 11, 2017, the United States Patent and Trademark Office (PTO) declined to institute an Inter Partes Review (IPR) filed by Google.  The PTO agreed with… Read more