Blogs

This blog is a compilation of all of the firm’s blogs. We operate three independent blogs, the ITC 337 Law Blog, the only legal blog devoted exclusively to intellectual property actions in the ITC, the Patents Post Grant Law Blog, focused on patent reexamination, reissue and the new post grant procedures introduced by the Leahy Smith America Invents Act, and the Protecting Designs Law Blog, to serve as a forum on matters involving the protection and enforcement of industrial design rights in the U.S. Other practice groups within the firm post entries on their areas of the law within this main blog.

Oblon Spivak

April 4, 2014
On March 24, 2014 the Copyright Office published a final regulation on fees for its various services. See 79 FR 15910-15920. Some services are free, e.g., inquiries to the Public Information Office. Many are not, e.g., registration of claims to copyright, recording documents of transfer, filing termination notices, obtaining additional certificates of registration. For the services where fees are...
March 28, 2014
            On March 25, 2014, in Lexmark International, Inc. v.  Static Control Components, Inc., Case No. 12-873 (S.Ct., March 25, 2014), the Supreme Court defined and described the test under which a non-competitor may bring a claim for false advertising under Trademark Act Section 43(a), 15 U.S.C. § 1125(a).  Lexmark is a manufacturer and seller of...
March 24, 2014
On February 21, 2014, the en banc U.S. Court of Appeals for the Federal Circuit decided not to overrule its prior decision in Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448 (Fed. Cir. 1998) (en banc), which had established a de novo standard of review for district court decisions concerning the meaning and scope of patent claims, i.e., “claim construction.”  Lighting Ballast Control LLC v....

ITC 337 Law Blog

April 16, 2014
On April 15, 2014, Chief ALJ Charles E. Bullock issued Order No.  88 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739). By way of background, the original investigation was based on an October 8, 2010 complaint filed by Leviton Manufacturing Co., Inc. (“Leviton”) alleging violations of section 337 in the importation and/or sale of certain ground fault...
April 16, 2014
On April 15, 2014, ALJ Dee Lord issued Order No. 3 in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914). By way of background, this investigation is based on a March 5, 2014 complaint filed by FMC Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain certain sulfentrazone active ingredient and...
April 16, 2014
On April 10, 2014, ALJ E. James Gildea issued the public version of Order No. 29 (dated March 20, 2014) granting in part Complainant’s motion to compel and/or strike in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888). By way of background, the Commission instituted this investigation on July 23, 2013 based on a complaint filed by Knowles Electronics, LLC (“...

Patents Post-Grant

April 15, 2014
Webcast today, 1-4PM EST As a reminder, the Patent Trial & Appeal Board (PTAB) roundtable series kicks off today in Alexandria. The Chief Judge will kick off today’s program with some performance information, including entirely new statistical categories of data. Thereafter, judges of the PTAB will conduct mock telephone conferences, and I along with three other practitioners will close...
April 10, 2014
Roundtable Discussions to Spur Dialogue on Possible Rule Changes Roughly eighteen months have passed since the USPTO’s implementation of the new post grant patent challenges of the America Invents Act (AIA). Since the rules for implementing these post grant patent proceedings were developed under an aggressive time schedule, as promised, the USPTO is now revisiting those rules. In the...
April 9, 2014
Compromise Reached, Manager’s Amendment Promised Post-Recess With many fearing that the Senate Judiciary Committee had lost their way on S.1720 known as The Patent Transparency & Improvement Act, news comes today that after weeks of partisan wrangling compromise has finally been reached. Senator Leahy posted the following statement on his webpage minutes ago: For weeks, members of the...

Protecting Designs

March 31, 2014
As previously reported, the USPTO published on February 6, 2014, a Request for Comments on the Written Description Requirements for Design Applications.  The Request followed a heated discussion during Design Day 2013 when USPTO Design Practice Specialist, Mr. Joel Sincavage gave specific examples illustrating an original design claim and an amended design claim...
March 31, 2014
The American Bar Association (ABA)’s Section of Intellectual Property Law (IPL) will be holding its 29th Annual Intellectual Property Law Conference on April 2-4, 2014, at the Crystal Gateway Marriott Hotel, in Arlington, VA.  Of interest, on April 3rd at 1:45, conference participants will be able to attend a workshop entitled “The Rise of Design Protection: From Spoons &...