Less Common Defenses to Patent Infringement
Technology companies and manufacturers know that they do not infringe a patent if they (or their products) do not practice a claimed invention. But did you know that there are certain circumstances wh...
Jason W. Balich
Jason Balich counsels the firm’s clients and represents them in patent, trade secret and commercial litigation matters before district courts around the country, the International Trade Commission, and the Patent Trial and Appeal Board (PTAB) in post-grant matters such as inter partes reviews. Jason’s counseling and litigation experience spans a diverse set of subject matters including pharmaceuticals, biotechnology, biosimilars, medical devices, data storage media, electro-hydraulic devices and consumer electronics.
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Posts by Jason:
Lessons For UPC Litigation From United States Patent Cases
An article authored by Jason Balich titled “Lessons For UPC Litigation From United States Patent Cases” was published in IAM. Practice before Europe’s new Unified Patent Court (UPC) represents unchart...
Use Litigation Funding to Enforce Patents
A column authored by Jason Balich titled “Use Litigation Funding to Enforce Patents” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In thi...
Uncloaking Stealth Prior Art
A column authored by Jason Balich titled “Uncloaking Stealth Prior Art” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this article, Ja...
Patents Expire, But Trademarks Can Last Forever
A column authored by Jason Balich titled “Patents Expire, But Trademarks Can Last Forever” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. ...
Escape Infringing a Patented Method of Manufacturing – Legally
A column authored by Jason Balich titled “Escape Infringing a Patented Method of Manufacturing – Legally” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (...
Good Engineers Can Make Good Lawyers
A column authored by Jason Balich titled “Good Engineers Can Make Good Lawyers” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this art...
Don’t Patent That! Consider Trade Secrets
A column authored by Jason Balich titled “Patent Update: Don’t Patent That!” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this articl...
Issue Preclusion Means One Strike and You Are Out
While issue preclusion means one strike and you are out, a court might need to call a few balls before calling the strike that ends the case.
What Civil Jury Trials Might Look Like In The Time of COVID-19
Recently, the United States District Court for the District of Massachusetts held a webinar in which several judges discussed their experiences from the first few criminal jury trials that the Distric...
Raising An Argument For The First Time On Appeal Is Fraught With Danger
There is always a danger in raising an argument for the first time on appeal. The Federal Circuit’s recent decision in Boston Scientific Neuromodulation v. Nevro (No. 2019-1584) provides yet another e...
No Early Disposition When The Key Issue Is Too Complex Or Not Case Dispositive
(as published by ITC TLA) In the Matter of CERTAIN DATA TRANSMISSION DEVICES, COMPONENTS THEREOF, ASSOCIATED SOFTWARE, AND PRODUCTS CONTAINING THE SAME, Inv. No. 337-TA-1150, Order Denying Requests Fo...