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

March 24, 2015
Today, the Supreme Court, in B&B Hardware v. Hargis Industries, held that if the likelihood of confusion issues decided by the Trademark Trial and Appeal Board in a registrability proceeding are materially the same as those decided in a subsequent infringement action in federal district court, the rules of collateral estoppel will preclude re-litigation of those issues in the district court...
March 16, 2015
New & Improved Basis for Refusal to Register Single Work Titles  A single title of a work should now be registrable on the Supplemental Register provided the title is in use in commerce. In a recent Trademark Trial and Appeal Board (TTAB) case, the refusal based on the failure to function as a mark was questioned and hopefully laid to rest. Although not identified as a precedent, In re...
March 9, 2015
ACLU TAKES PRO-FOOTBALL’S SIDE, LEGALLY BUT NOT MORALLY The American Civil Liberties Union and the American Civil Liberties Union of Virginia filed a motion for leave to file an Amici Curiae brief in Pro-Football, Inc. v. Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan and Courtney Tsotigh on March 5. United States District Court for the Eastern District of Virginia Civ....

ITC 337 Law Blog

March 25, 2015
On March 10, 2015, ALJ Dee Lord issued Order No. 128 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).By way of background, the investigation here is based on a September 3, 2013 complaint filed by Complainant Optical Devices, LLC ("Optical") alleging violation of Section 337 in the importation into the U.S. and sale of certain optical...
March 24, 2015
On March 9, 2015, ALJ Thomas B. Pender issued Order No. 7 in Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945).By way of background, this investigation is based on a December 19, 2014 complaint filed by Cisco Systems, Inc. of San Jose, California alleging violation of Section 337 in the importation into the U.S. and sale of certain networking equipment...
March 23, 2015
On March 10, 2015, Chief ALJ Charles E. Bullock issued Order No. 27 in Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930).By way of background, this investigation is based on an August 18, 2014 complaint filed by RevoLaze, LLC and TechnoLines, LL alleging violation of Section 337 in the importation into the U.S. and sale of certain laser abraded denim garments that infringe one or more...

Patents Post-Grant

March 18, 2015
Should Systemic Changes to The Patent System Be Undertaken in Response to Bad Actors? Efforts to enact patent reform (as well as the America Invents Act of 2011) are/were largely driven by the perception that the patent system is being abused by bad actors. Currently, many of the most established technology companies in the world are routinely sued for patent infringement...
March 11, 2015
Senate Hearing To Spawn Even More Competing Bills? Next Wednesday, March 18 the Senate Judiciary Committee will hold a hearing entitled The Impact of Abusive Patent Litigation Practices on the American Economy. An agenda is not yet available, however, I would expect that this discussion will be in stark contrast to many of the concepts proposed in last week's STRONG Act.Upcoming...
March 6, 2015
Patentees: Be Careful What You Wish For...You Just Might Get It Since the passage of the America Invents Act (AIA), the debate has raged as to whether or not the Patent Trial & Appeal Board (PTAB) should apply the broadest reasonable claim interpretation (BRI) for AIA trial proceedings. Some patentees and bar associations have been shortsightedly advancing the notion that BRI should...

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...