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

April 3, 2015
On March 30, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers (Inv. No. 337-TA-953).The investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. of Plano, Texas and...
April 2, 2015
On March 30, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras (Inv. No. 337-TA-952).The investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. of Plano...
April 1, 2015
On March 24, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing Same, and Power Tool Products with Lithium-Ion Batteries Containing Same (Inv. No. 337-TA-951).The investigation is based on a February 20,...

Patents Post-Grant

April 23, 2015
PTAB Scheduling Orders Begin Suggesting ADR Statements The Patent Trial & Appeal Board (PTAB) has the power to terminate an Inter Partes Review (IPR), Post Grant Review (PGR), or a Covered Business Method (CBM) proceeding upon request of the parties. This discretionary power to terminate a patentability challenge by agreement (37 C.F.R. § 42.74) is a fairly new concept for...
April 15, 2015
April Webinar to Focus on Emerging Trends at The PTAB It's been a long time, been a long time,Been a long lonely, lonely, lonely, lonely, lonely time. Yes it has.Back from the dead....this month's edition of the PatentsPostGrant.com free webinar series will be held on Wednesday April 29th @12:30 (est). The April webinar is entitled: Trends, Changes & Evolving PTAB Practices (...
April 14, 2015
House Judiciary Committee to Hear Testimony from USPTO & Industry Reps Tomorrow, the House Judiciary Committee will conduct a hearing on the "Innovation Act" (H.R. 9).  Scheduled speakers include USPTO Director Lee, general counsel for BIO, and other in-house counsel. As most know, the Innovation Act is a re-presentation of the "Goodlatte Draft" that shot through the House in the waning...

Protecting Designs

April 17, 2015
The U.S. Patent and Trademark Office (USPTO) held its 9th annual Design Day on April 14, 2015.  The day started off with the Commissioner for Patents, Margaret (Peggy) Focarino, welcoming everyone to Design Day. Commissioner Focarino commented how much Design Day has grown over the last nine years, from a small conference room nine years ago to filling up the entire Madison Auditorium today....
April 16, 2015
On April 14, 2015, the U.S. Court of Appeals for the Federal Circuit ("CAFC") affirmed the Patent Trial and Appeal Board’s decision that Luv N' Care's U.S. Patent Number D617,465 ("the '465 patent") was unpatentable. The PTAB’s decision was the first inter partes review initiated by the USPTO for a design patent. The CAFC issued a Rule 36 judgment that affirmed this decision without opinion...
April 2, 2015
On April 2, 2015, the U.S. Patent and Trademark Office ("USPTO") published its Final Rule on Changes to Implement the Hague Agreement Concerning the International Registration of Industrial Designs ("Hague Agreement").  80 F.R. 63, pp. 17918-17971.  These changes go into effect on May 13, 2015.  Some of the changes only apply to patent applications filed on or after September 16,...