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

January 26, 2015
On January 21, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 76 (dated January 13, 2015) in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-893).  In the Order, ALJ Bullock imposed monetary sanctions against Respondents Macronix International Co., Ltd., Macronix America, Inc., Macronix Asia Ltd., and Macronix (Hong Kong) Co., Ltd. (...
January 23, 2015
On January 14, 2015, ALJ Thomas B. Pender issued Order No. 10 construing the disputed claim terms of the asserted patents in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).  Due to the size of the order, we have split the order into part 1, part 2, and part 3.By way of background, this investigation is based on a June 27, 2014 complaint...
January 22, 2015
On January 20, 2015, Chief ALJ Charles E. Bullock issued Order No. 5 in Certain Snowmobiles with Engines Having Exhaust Temperature-Controlled Engine Technology and Components Thereof (Inv. No. 337-TA-940).By way of background, this investigation is based on a November 7, 2014 complaint and December 12, 2014 amended complaint filed by Arctic Cat Inc. alleging violation of Section 337 in the...

Patents Post-Grant

January 28, 2015
Bi-monthly Program Will Address AIA Trials & Ex Parte Appeals Starting next week, February 3rd, the USPTO's Patent Trial & Appeal Board (PTAB) will host its inaugural "Boardside Chat" lunch webinar. The purpose of the chats is to update the public on current Board activities and statistics as well as to regularly gather feedback. The schedule of topics through October is listed below...
January 27, 2015
Proponents of Further Reform Beginning to Scramble  This time last year, further patent reform efforts had steamrolled their way through the House. While the House passed the Goodlatte Bill with surprising urgency, efforts on the Senate side became hopelessly deadlocked last spring on a variety of contentious issues. Since that time, a significant amount of change has come to the world of...
January 21, 2015
PTAB Claim Constructions Often Limited to Intrinsic Record Yesterday, in Teva Pharmaceuticals USA, Inc., et al v. Sandoz, Inc. et al., (here) the U.S. Supreme Court reversed decades of CAFC precedent permitting de novo review of district court patent claim constructions. More specifically, the high court explained that when reviewing a district court's resolution of subsidiary factual matters...

Protecting Designs

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...
January 9, 2015
Riddell, Inc. (“Riddell”) filed a complaint against Rawlings Sporting Goods Company, Inc. (“Rawlings”) in the Northern District of Illinois alleging infringement of various patents related to sports equipment, including U.S. Pat. No. D603,100 to a Sports Helmet. Figures from the patent are provided below. The complaint alleges that the claimed design is infringed by Rawlings’ sports helmets,...
November 12, 2014
The U.S. Patent and Trademark Office (“USPTO”) recently updated its public and private Patent Application Information Retrieval (“PAIR”) graphical user interfaces to provide access to information regarding design applications filed pursuant to the Hague Agreement.  Such information will not be available, however, until entry into force of the Hague Agreement with respect to the U.S., which...