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 Blog

January 21, 2015
     In the U.S., priority in trademark rights is awarded to the company that first uses its mark in commerce.  Under certain limited circumstances, a trademark owner can make certain modifications to its mark over time without losing priority.  That is, the user of a new mark may be clothed with the position of priority in an older mark when the original and revised...
January 13, 2015
The U.S. Teams Up with the Native Americans Against Pro-Football, Inc. A Notice of Intervention was filed on January 9, 2015 by the Solicitor General to defend the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a).  The U.S. Teams Up with the Native Americans Against Pro-Football, Inc. A Notice of Intervention was filed on January 9, 2015 by the Solicitor General to...
December 29, 2014
The World Intellectual Property Organization (WIPO) issued a warning on December 22, 2014, that an entity calling itself World Intelligent Property Office is sending letters to owners of international registrations and their representatives soliciting publication and registration fees.  The legitimate name and logo appears below:       The recent warning relates to the...

ITC 337 Law Blog

March 3, 2015
On February 26, 2015, Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden (collectively, "Ericsson") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.The complaint alleges that Apple Inc. a/k/a Apple Computer Inc. of Cupertino, California ("Apple") unlawfully imports into the U.S., sells for importation, and/or sells within the U....
March 2, 2015
On February 26, 2015, Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden (collectively, "Ericsson") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.The complaint alleges that Apple Inc. a/k/a Apple Computer Inc. of Cupertino, California ("Apple") unlawfully imports into the U.S., sells for importation, and/or sells within the U....
February 27, 2015
On February 27, 2015, ALJ Dee Lord issued a Notice Regarding Initial Determination On Violation of Section 337 ("ID") in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).By way of background, this investigation is based on a January 28, 2014 complaint filed by Cresta Technology Corp. ("Complainant") alleging violation of Section 337 in...

Patents Post-Grant

March 4, 2015
Misguided STRONG Act Would Undo Years of AIA Progress Well, if you expected the Goodlatte Bill to sail through the House for swift passage through the Senate, forget about it. Hill chatter has indicated that the significant House support of the Bill has diminished since the last vote in 2013 (and rightfully so given the events of the past year). Perhaps of greater threat to the patent reform...
March 3, 2015
PTAB "Quick Fix" Changes Delayed to Q2, More Substantive Changes Expected Q3/Q4 In June of 2014 the USPTO issued a Request for Information in the Federal Register entitled, Request for Comments on Trial Proceedings Under the America Invents Act Before the Patent Trial & Appeal Board. The notice posed 17 questions to the public. Since that time, the Office has considered...
February 24, 2015
Upcoming Post-Grant CLE The PatentsPostGrant.com free monthly webinar series will resume in March. For more comprehensive CLE programs, there are a number of marquee programs on the immediate horizon.First up is this week's Utah IP Summit  (Friday, February 27th), topics include Surviving PTAB Review & Insulating Your Patent Portfolio.  Next, is the The 10th Annual...

Protecting Designs

February 13, 2015
On February 13, 2015, the United States deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”) with the International Bureau of World Intellectual Property Organization (“WIPO”). As such, the treaty will go into effect for the United States three months from the deposit date, on May 13,...
January 31, 2015
On January 29, 2015, Ford Global Technologies LLC (“FGTL”) filed a complaint in the Eastern District of Michigan (2-15-cv-10394) against United Commerce Centers, Inc. (“UCC”), which FGTL believes is doing business as New World International, alleging design patent infringement of the following U.S. Design Patents, which are attributed to the 2004 Ford F-150 and the 2005 Ford Mustang. The pictures...
January 27, 2015
On January 22, 2015, Oakley, Inc. (“Oakley”) filed a complaint against ICU Eyewear, Inc. (“ICU Eyewear”) in the Southern District of California (3-15-cv-00150-LAB-NLS), alleging design patent infringement of U.S. D469,458 directed to an Eyeglass Front; U.S. D556,818 directed to Eyeglass Components; and U.S. D692,047 directed to an Eyeglass. The very next day, Oakley again asserted U.S. D692,047...