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

July 30, 2014
On July 25, 2014, Bose Corp. of Framingham, Massachusetts (“Bose”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. The complaint alleges that Beats Electronics, LLC of Culver City, California and Beats Electronics International Ltd. of Ireland (collectively, “Beats”), and Fugang Electronic (Dong Guan) Co., Ltd. of China, and PCH International Ltd. of...
July 28, 2014
On July 17, 2014, ALJ Theodore R. Essex issued the public version of Order No. 10 (dated July 8, 2014) in Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof and Products Containing the Same (Inv. No. 337-TA-904). By way of background, the investigation is based on a December 11, 2013 complaint filed by Tyco Fire & Security GmbH, Sensormatic Electronics, LLC,...
July 25, 2014
On July 18, 2014, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Align Technology, Inc. v. ITC (2013-1240, 1363).  This was an appeal from the International Trade Commission’s (“the Commission”) decision that it could review the ALJ’s Order determining that the accused devices were within the scope of the Consent Order issued in Certain Incremental Dental Positioning...

Patents Post-Grant

July 30, 2014
Stretching Prior Art Grounds Fatal to Petitioners In district court, 102 grounds are highly preferred to even the strongest 103 ground. This is because of the uphill battle in demonstrating invalidity in a forum that not only applies a presumption of patent validity, but also requires clear and convincing evidence of invalidity. Obviousness just does not resonate with non-technical fact finders...
July 28, 2014
Briefing to Review Federal Register Notice Concerns The Patent Trial and Appeal Board (PTAB) is hosting a free lunchtime webinar tomorrow from noon to 1 pm(EST) to discuss AIA trial proceedings. At the webinar, Acting Vice Chief Judge Scott Boalick, who heads the Trial Section of the Board, will discuss non-rule recommendations received from stakeholders during the recent round tables.  Judge...
July 22, 2014
Free Webinar Series – July Just a reminder that this month’s edition of the PatentsPostGrant.com free webinar series will be held tomorrow, July 23rd @12:30 (est). The July webinar is entitled: Post-Grant Proofing Your Patent Portfolio: Prosecuting for the New Patent Assertion Landscape. (Speakers are Scott McKeown, Dianna Devore Ph.D, and Chris Bullard). The formal portion of the webinar...

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 &...