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Background

Keith A. Barritt is a Principal in the Washington, DC, office of Fish & Richardson. His practice is primarily focused on all aspects of trademark law, including prosecution and inter partes proceedings before the United States Patent and Trademark Office, Internet domain name issues, and trademark selection and enforcement, as well as all aspects of medical device regulation by the U.S. Food and Drug Administration, including obtaining marketing authorization for medical devices, use of new devices for investigational purposes, and import and export issues. He has been recognized by World Trademark Review 1000 for trademark prosecution and strategy in the DC Metro area since 2014. His prior experience includes three years as a legislative aide to Congressman John Murtha in Washington, D.C. (1983-1986).

Trademark Experience

Mr. Barritt has obtained hundreds of federal trademark registrations for large multinational companies and small start-ups, overcoming PTO initial rejections, for various marks applied to a wide range of goods and services. He has successfully handled scores of opposition and cancellation proceedings before the PTO Trademark Trial & Appeal Board. Mr. Barritt has also written and responded to numerous cease and desist letters regarding alleged trademark infringement and has negotiated and drafted trademark license agreements and other settlements to maximize client value.

FDA Experience

Mr. Barritt has prepared and filed dozens of 510(k) pre-market notifications with the FDA to obtain marketing authorization for various types of medical devices, ranging from innovative lasers to software-based surgical devices. He advises clients on issues involving quality system regulations, device labeling, medical device reporting obligations, recalls, device listing, establishment registration, and import/export regulations. He is also familiar with regulation of cosmetics and dietary supplements.

Education

J.D., University of Virginia 1989


B.A., University of Virginia 1983
Foreign Affairs and Philosophy
Editorial board member, Virginia Journal of International Law (1987-1989)

cum laude

Admissions

  • Virginia 1989
  • District of Columbia 1991

Other Distinctions

Memberships & Awards

Listed in the 2016 edition of Who’sWho Legal: Trademarks.

ICANN Implementation Assistance Group for the creation of the Trademark Clearinghouse supporting the new generic top-level domain names, 2011-2012.

Pharmaceutical Trademark Group (PTMG) 2007-present.

International Trademark Association Legislation and Regulation Committee (2014 – present), Internet Committee (2010 – 2013), Pharmaceuticals Subcommittee (2006-2009), Chairman of Whois Subcommittee (2004-05), and member of Regulatory Analysis and Legislative Analysis Subcommittees (1996-2003).

Member of the Northern Virginia Technology Council Health Tech Subcommittee (2009-2010).

Recipient of International Trademark Association’s Volunteer Service Award (2004).

Selected Publications

U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations,” Fish & Richardson Trademark & Copyright Thoughts Blog (July 5, 2017)

What Does The “In” in “Incontestable” Mean?” Fish & Richardson Trademark & Copyright Thoughts Blog (May 19, 2017)

Medical Device Trademarks 101: Protecting Your Good Name,” Med Device Online (April 13, 2016)

How To Build A 510 (k) Application For Your Mobile Medical App,” Med Device Online (October 6, 2015)

New gTLDs: preparing for the next round of the online expansion,” World Trademark Review (October 2015)

How to Avoid FDA Regulation of Your Mobile App,Med Device Online (July 7, 2015)

Pharmaceutical Trademarks 2015/2016: A Global Guide,” World Trademark Review (February 2015)

FDA’s Draft ‘Wellness’ Guidance Potentially Expands the Universe of Unregulated Products,” BNA’s Health IT Law & Industry Report (January 26, 2015)

Let’s Eliminate ‘Ongoing Efforts’ Requirement For Trademarks,” Law360 (May 21, 2014)

New Internet Domain Name Options Available for Pharma Industry,” Pharmaceutical Compliance Monitor (February 2014)

The Trademark Clearinghouse for New gTLDs: Beware the Hype,” Law Lore & Practice (September 2013)

Is Your Company Ready for ‘.Anything’?” Corporate Live Wire (December 12, 2011)

New FDA Draft Guidance Sheds Light On Regulation of ‘Mobile Medical Apps’ and Other Software,” BNA’s Medical Devices Law & Industry Report (August 20, 2011)

Plaintiff Beware: Perils of Bringing False Advertising Claims Against FDA-Regulated Products,” Fish & Richardson Trademark & Copyright Thoughts (Winter 2010)

Trademark Applicants Beware: US Trademark Office Raises Bar for Demonstrating a ‘Bona Fide Intent’ to Use Mark in US Commerce,” Fish & Richardson Trademark Thoughts (Spring 2010)

Wireless Medical Devices: Navigating Government Regulation in the New Digital Age,” BNA’s Medical Devices Law & Industry Report (February 24, 2010)

Don’t be confused about whether your trademark is used,” Fish & Richardson (January 26, 2009).

FDA At The Border: Import and Export Regulations for Medical Devices,” BNA’s Medical Devices Law & Industry Report (July 4, 2007)

Drug Name Game,” The National Law Journal (May 12, 2003)

Selected Presentations

Speaker, “Regulatory mobile medical devices: Overcoming local and global challenges,” MD&M East, New York (2014)

Speaker, “Regulatory Guidance on mHealth and Wireless Medical Devices,” BIOMEDevice Learning Lab, Boston (2014)

Speaker, “It’s Kickoff Time! Protecting Your Trademarks in the New Generic Top-Level Domain Names,” BNA Webinar (2013)

Moderator, “Review Updated gTLD Application Processes to Determine Risks and Opportunities Presented by ICANN’s Program,” World Congresses’s 2nd Annual Generic Top-Level Domain Names Summit (2013)

Speaker, “Understanding current FDA Guidance to determine the impact on future regulations and the implications for wireless medical devices,” UBM Canon’s Wireless Connectivity in Medical Devices East, Boston (2012)

Speaker, “FDA Regulation of Software,” Northern Virginia Technology Council Health Technology Committee Meeting (2012)

Speaker, “The Future of Wireless Medical Devices – FCC, FDA, and Patent Considerations,” Bloomberg BNA Webinar (2012)

Speaker, “gTLD Update,” 83rd Pharmaceutical Trademark Group Conference, Prague (2011)

Speaker, “Cosmic Shift Coming Soon to Internet Domain Name System,” Fish & Richardson Webinar (2011)

Speaker, “Regulation of Pharmaceutical Trademarks,” Princeton, NJ (2010)

Speaker, “FDA Regulation of the Export and Import of Medical Devices,” Food and Drug Law Institute, Washington, D.C. (2008)

Speaker, “FDA Regulation of Medical Devices,” Georgia Life Sciences Summit, Atlanta (2008)

Speaker, Food and Drug Law Institute’s “Introduction to Medical Device Law and Regulation: Understanding How FDA Regulates the Medical Device Industry” workshop, Washington, D.C. (2007)

Speaker, Government Intellectual Property Law Association meeting, Washington, D.C. (2006)

Speaker, INTA Trademarks in Cyberspace Forum, Vancouver (2005).

Speaker on “Reverse Whois” online seminar (2004)

Speaker on “FDA Approval of Trademarks” seminar, Boston (2003)

Trademark Law Presentation given at the 224th annual meeting of the American Chemical Society in Boston (2002)

What's trending with Keith

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Fish Trademark & Copyright Thoughts Blog
July 5, 2017
U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations
U.S. Trademark Office Clarifies Filing Deadlines for Resurrecting Dead Applications and Registrations
Author: Keith A. Barritt
Blog
Fish Trademark & Copyright Thoughts Blog
June 8, 2017
Even GOOGLE Can Google After All
Even GOOGLE Can Google After All
Author: Keith A. Barritt
Blog
Fish Trademark & Copyright Thoughts Blog
May 19, 2017
What Does The “In” in “Incontestable” Mean?
What Does The “In” in “Incontestable” Mean?
Author: Keith A. Barritt
Blog
Fish Trademark & Copyright Thoughts Blog
February 3, 2017
FDA Final Guidance on Nonproprietary Names of Biological Products
FDA Final Guidance on Nonproprietary Names of Biological Products
Author: Keith A. Barritt
Blog
Event
October 25th, 2011 | 1:00 pm EDT
The Future of Wireless Medical Devices - FCC, FDA, and Patent Considerations
Speaking Engagement
Webinar
Event
May 7th, 2013
INTA 2013
Speaking Engagement
Event
November 12th, 2013
2013 International Trademark Association (INTA) Leadership Meeting
Event
October 6th, 2009
Fraud and "Bona Fide Intent To Use": The Impact of In re Bose and Honda v. Winkelmann on U.S. Trademark Registrations
Speaking Engagement
Webinar
Event
April 4th, 2013
Webinar: Don’t Panic! A Trademark Owner’s Guide to the New Generic Top-Level Domain Names and the Trademark Clearinghouse
Event
September 25th, 2013
2nd Annual Generic Top-Level Domain Names Summit
Speaking Engagement
Event
January 26th, 2012 | 1:00 pm EST
BNA Webinar - The Future of Wireless Medical Devices
Speaking Engagement
Event
April 29th, 2014
What’s in a name? Trademark and Copyright Law for Startups
Speaking Engagement
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