Holiday Banta is a Partner in the Litigation and Intellectual Property Group. She is a registered patent attorney and concentrates her practice in the areas of intellectual property litigation, dispute negotiations, U.S. and foreign trademark prosecution and intellectual property licensing.

Client needs come first in Holly’s practice and responsiveness is key to satisfying those needs. Holly takes the time early on to learn about each client's unique perspective and values to ensure that her advice and analysis are tailored to fit. Calls and emails are answered promptly, and, whenever possible, work is performed proactively to maximize value and efficiency for the client. She litigates matters with the same focus and tenacity required in her spare time pursuit of training thoroughbred racehorses to run and jump at speed.

Holly has assisted clients with the prosecution and defense of infringement issues in both U.S. and foreign jurisdictions throughout her career, including as a law clerk. She prepares cease and desist letters and handles all aspects of case initiation, strategy, discovery, trial work and settlement, including contempt proceedings. She has prepared patent appeals and post issuance proceedings before both the Federal Circuit and the U.S. Patent and Trademark Office. She has represented clients in all intellectual property dispute categories, including patent, trademark, trade dress, trade secret, trade name, domain name, cybersquatting, noncompete, takedown and copyright actions. Holly also has extensive experience negotiating settlements and license agreements and conducting negotiations through mediation in both U.S. and foreign jurisdictions.

Holly handles domestic and international trademark and service mark prosecution and post-registration disputes on a daily basis. Through this work she has developed a significant network of trusted foreign associates for whose clients she is the U.S. advisor.

Holly assists companies to develop in-house intellectual property protection programs and recommends and implements protection strategies for core intellectual property assets. Clients with ongoing annual trademark maintenance needs receive year-at-a-glance charts that they can use to set a budget and provide instructions concerning when expenditures should be made through the year. Through these programs and strategies, she provides clients with big-picture business planning to protect and enhance the value of their intellectual property while keeping an eye on the bottom line.

She has worked with clients in a wide range of fields, including the biotechnology, agriculture, chemical, automotive, pharmaceutical, equine, wireless technology, motorsports, powersports, insurance, consumer goods, real estate, food service, power generation and publishing fields.

Holly graduated summa cum laude from Indiana University with a Bachelor of Arts in biology and an Area Certificate in environmental studies. She received her juris doctorate from Vanderbilt University and served one term as intern for The Honorable Sarah Evans Barker, Federal District Judge for the Southern District of Indiana.
Reported and Representative Cases
  • MARINE TRAVELIFT, INC. V. CIMOLAI TECHNOLOGY S.p.A., IDEYA, LLC, and FABRIZIO ALFIER (Eastern District of Wisconsin, patent litigation concerning mobile gantry crane-type lifting equipment)
  • RFJ LICENSING, LLC V. RITRON, INC. (Northern District of Texas, patent litigation concerning telecommunications systems)
  • FUNCTIONAL DEVICES, INCORPORATED v. LOW VOLTAGE SYSTEMS, INC. ET AL.  (Patent Litigation – Emergency Power Controls - Southern District of Indiana)
  • SASSO MD ET AL V. WARSAW ORTHOPEDIC INC., MEDTRONIC, INC. et al  (Contract Litigation – Patent License Royalty Payments - Northern District of Indiana)
  • COOK BIOTECH INC, ET AL V. ACELL INCORPORATED, ET AL  (Patent Litigation – Biologic Grafts/Medical Devices - Northern District of Indiana)
  • SOLAR SUN RINGS INC V. WAL-MART STORES INC ET AL  (Patent Litigation – Pool Designs – Central District of California)
  • CERTUSVIEW TECHNOLOGIES, LLC V. UNITED STATES INFRASTRUCTURE CORPORATION ET AL  (Patent Litigation – Utility Surveying Technology  – Eastern District of Virginia)
  • BELDEN INC v. NEXANS INC.  (Patent Litigation – Communication Cables - Southern District of Indiana)
  • BELDEN INC v. HITACHI CABLE AMERICA INC. et al  (Patent Litigation – Communication Cables - Southern District of Indiana)
  • REMY INC. ET AL V. CIF LICENSING LLC ET AL  (Patent Litigation – Electronic Automotive Sensor Technology – District of Delaware)
  • CLEGG INDUSTRIES V. LIGHTLINE, ET AL  (Patent Litigation – Greeting Cards – Central District of California)
  • WORR GAMES PRODUCTS V. AKALMP INC, ET AL  (Patent Litigation – Paintball Marker Technology – Central District of California)
  • INDIANA MILLS & MANUFACTURING, INC. v. O'NEILL MFG. INC.  (Patent Litigation – Ratcheting Pawls/Tie-Downs - Southern District of Indiana)
  • STINGER INDUSTRIES V. ERGOTRON, INC.  (Patent Litigation – Mobile Computer Workstations – Middle District of Tennessee)
  • SIMON PROPERTY GROUP, L.P. v. NORTHMOBILETECH, LLC  (Patent Litigation – Computer-Implemented Marketing System - Southern District of Indiana)
  • AirFX, LLC v. CUSTOM CYCLE CONTROL SYSTEMS, INC.  (Patent Litigation – Pneumatic Cylinder Suspension System - Southern District of Indiana)
  • HILL-ROM SERVICES, INC. et al v. STRYKER CORPORATION et al  (Patent Litigation – Hospital Beds - Southern District of Indiana)
  • DIGONEX TECHNOLOGIES, INC. v. QCUE, INC.  (Patent Litigation – Dynamic Pricing Software - Southern District of Indiana)
  • BUZTRONICS, INC. v. TOY INVESTMENTS, INC.  (Patent Litigation – Electronic Toys - Southern District of Indiana)
  • TERUMO CORPORATION V. COOK INC., ET AL  (Patent Litigation – Stent Guidewires/Medical Devices  – Eastern District of Virginia)
  • INTERACTIVE INTELLIGENCE, INC. V. PRESENCE TECHNOLOGY, LLC  (Patent Litigation – Call Center Technology  – Northern District of Georgia)
  • SMART PARTS, INC. V. AKALMP, INC. ET AL  (Patent Litigation – Paintball Marker Technology – District of Oregon)
  • BARD ACCESS SYSTEMS V. COOK PACEMAKER CORP.  (Patent Litigation – Pacemakers/Medical Devices – Western District of Pennsylvania)
  • OMS INVESTMENTS, INC. ET AL V. LEBANON SEABOARD CORPORATION  (Trade Dress Litigation – Southern District of Ohio)
  • OASIS MEDICAL INC V. VANCE PRODUCTS INC, ET AL  (Trademark Litigation – Central District of California)
  • ALLISON TRANSMISSION, INC. V. RELIABLE TRANSMISSIONS LTD. et al  (Trademark Litigation – Eastern District of New York)
  • BRIGHTPOINT, INC. V. MOTOROLA, INC.  (Trademark/Unfair Competition Litigation – Southern District of Indiana)
  • FIRESTONE INDUSTRIAL PRODUCTS COMPANY, LLC v. FLEETPRIDE, INC.  (Unfair Competition/False Advertising Litigation – Southern District of Indiana)
  • CENTILLION DATA SYSTEMS, LLC v. BELLSOUTH CORPORATION et al (Patent Litigation – Business Method re Telephone Charges - Southern District of Indiana)
  • WOOLLEN, MOLZAN AND PARTNERS, INC. v. INDIANAPOLIS-MARION COUNTY PUBLIC LIBRARY  (Copyright Litigation – Southern District of Indiana)
  • RUSS BERRIE AND CO v. QUIK CHEK FOOD STORE, et al  (Copyright Litigation – District of New Jersey)
  • RUSS BERRIE AND CO v. NOVELTY, INC.  (Copyright Litigation – District of New Jersey)
  • MAGIC CIRCLE CORPORATION v. OSCAR WILSON ENGINES & PARTS, INC.  (Trademark/Unfair Competition/False Advertising Litigation – Southern District of Indiana)
  • AMERICAN PETROLEUM INSTITUTE v. TAILOR MADE OIL CO, LLC et al  (Unfair Competition/False Advertising Litigation – Southern District of Indiana)
  • DEER, ET AL V. MEDIPLAS INNOVATIONS, ET AL  (Trademark Litigation –Western District of Texas)
  • CARSON MANUFACTURING COMPANY, INC. V. STAR HEADLIGHT & LANTERN CO., INC.  (Breach of Settlement Agreement/Trademark Litigation -- Marion Superior Court, Marion County, Indiana)
  • MATRIX ESSENTIALS V. MALIBU 2000, INC.  (Unfair Competition/False Advertising/Trade Dress Litigation – Northern District of Ohio)
  • TACO CABANA, INC. V. LOGO 7, INC.  (Trademark Litigation –Western District of Texas)
  • THE SCOTTS COMPANY, LLC ET AL. V. DL WHOLESALE INCORPORATED  (Trademark Litigation – Southern District of Ohio)
  • J.K. BENTON DESIGN STUDIO, INC. et al. v. X-iT! ACTIVEWEAR, INC.  et al.  (Copyright Litigation – Eastern District of Michigan)
  • FRATELLI BRANCA DISTILLERIE S.R.L. v. F.LLI GANCIA & C. S.P.A.(Trademark Trial and Appeal Board (“TTAB”))
  • MATTSBASEBALL.COM V. BCW DIVERSIFIED, INC. (TTAB)
  • GOOD EGGS, INC. V. ROSE ACRE FARMS, INC. (TTAB)
  • DRYMAX SPORTS, LLC V. ATG CEYLON (PVT) LIMITED (TTAB)
  • MICROFLEX CORPORATION V. ATG CEYLON (PVT) LIMITED (TTAB)
  • LAVERANA GmbH & CO. KG V. OMSEED CO., LRD. (TTAB)
  • MAPLE LEAF SPORTS & ENTERTAINMENT LTD. V. GOSHEN COLLEGE, INC. (TTAB)
  • LEBANON SEABOARD CORPORATION V. PLANETAIR TURF PRODUCTS, LLC (TTAB)
  • PARKLAND PLASTICS, INC. V. PLASTIC EXTRUDERS LIMITED (TTAB)
  • LEBANON SEABOARD CORPORATION V. MARIA ROGMANS (TTAB)
  • ROSE ACRE FARMS, INC. V. SHAKLEE CORPORATION (TTAB)
  • GROTE INDUSTRIES, INC. V. TRUCK-LITE CO., INC. (TTAB)
  • PARKLAND PLASTICS, INC. V. QUALITY TILE CORP. (TTAB)
  • LEBANON SEABOARD CORPORATION V. R&R TURF SUPPLY, INC. (TTAB)
  • LEBANON SEABOARD CORPORATION V. COMPAGNIE FINANCIERE ET DE PARTICIPATIONS ROULLIER (TTAB)
  • LEBANON SEABOARD CORPORATION V. KEEPER OF THE GREEN, LLC (TTAB)
  • BRIGHTPOINT, INC. V. RIGHTPOINT GROUP, LLC. (TTAB)
  • LEBANON SEABOARD CORPORATION V. NICOLA GAIL JUNKEER (TTAB)
  • LEBANON SEABOARD CORPORATION V. THE MOSAIC COMPANY (TTAB)
  • WABASH VALLEY POWER ASSOCIATION, INC. V. SEATTLE CITY LIGHT (TTAB)
  • WABASH VALLEY POWER ASSOCIATION, INC. V. MINNESOTA WASTE WISE FOUNDATION (TTAB)
  • LEBANON SEABOARD CORPORATION V. DALEN PRODUCTS, INC. (TTAB)
  • BPONG, LLC V. BEPONG LLC (TTAB)
  • BPONG, LLC V. UPONG OUTFITTERS, LLC (TTAB)
  • LAVERANA GmbH V. SUN GREEN INTERNATIONAL, INC. (TTAB)
  • BRIGHTPOINT, INC. V. SPRING COMMUNICATIONS INC. (TTAB)
  • LAVERANA GmbH V. MONSANTO TECHNOLOGY, LLC (TTAB)
  • F.C. TUCKER COMPANY INC. V. DEUTSCHE TELEKOM AG (TTAB)
  • REALMED CORP. V. ICOMMERCE.COM CORP. (TTAB)
  • FINANCIALWARE, INC. V. ACTIVE IMAGING, INC. (TTAB)
  • SOFAMOR DANEK GROUP, INC. V. PHYSICIANS DATA CORPORATION (TTAB)
  • SOFAMOR DANEK GROUP, INC. V. PYRAMED, INC. (TTAB)
  • TARGET THERAPEUTICS, INC. V. SURGICAL NAVIGATION TECHNOLOGIES, INC. (TTAB)
Selected Experience
  • Managing trademark prosecution, maintenance, and enforcement for trademark portfolios ranging in size from 1 to 900+ properties
Firm Publications
Published In
  • "Defend Trade Secrets Act's Impact on Agribusiness" April 15, 2016, agnewscenter.com
  • Trademark Laws: Indiana, Practical Law, April 6, 2016
  • "The Need for Speed at the Trademark Office: Two Proposed Fast-Track Solutions", Inside the Minds: Recent Trends in Trademark Protection 2015, Aspatore Books
  • Overcoming Business Challenges in a State of Innovation, Ice Miller 2015 Agribusiness Guide
  • Contributor, Frustrations With Patent Trolls Spark Push for Pest Control,The Indiana Lawyer, December 17, 2014
  • Well, .McDonalds Was No Surprise. . .The New gTLD Applications Are Available for Comment, theiceloop.com, June 21, 2012
  • IBJ Power Breakfast Technology paper America Invents Act: Are You Ready?, March 16, 2012
  • Counterfeiting=Ex-Franchisee's Use of Franchisor's Trademark, theiceloop.com, January 5, 2012
  • KSR v. Teleflex: An Obviousness Test?, The Indiana Lawyer, March 7-20, 2007
  • Daniel Lueders, Holiday Banta, Quentin Cantrell, Refining Cybor- Partial Deference for Claim Construction Analogous to Contractual "Usage of Trade" Standard of Appellate Review, Intellectual Property Today, November 2006
  • Drafting Licenses That Concern Information: The New Article 2B, The Indiana Lawyer, October 1997
View Full Site View Mobile Optimized