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

November 26, 2014
The Defendants’ Motion to Dismiss the Appeal filed by Pro-Football Inc. was denied. On November 25, 2014, the Court ruled that the Native American Defendants are parties of interest and there is a case and controversy for the Appeal.  As a result, the Native American Defendants will remain players and the “game” before the Eastern District Court will continue. On August 14, 2014, Pro-...
October 20, 2014
In Nationstar Mortgage LLC, v. Mujahid Ahmad (Opposition No. 91177036 decided Sept. 30, 2014), the Trademark Trial and Appeal Board (TTAB) made it clear that Applicants are “obligated to read and understand” what is being signed and “investigate the accuracy of his statements in the application to confirm they had evidentiary support prior to signature and submission to the USPTO.” The TTAB...
August 26, 2014
On August 19, 2014, the Register of Copyrights, Maria A. Pallante, released a public draft of the Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium Third Edition”). In the draft, the U.S. Copyright Office makes it clear that a photograph taken by a monkey is not considered registrable because it was not created by a human being.   Thus, the monkey “...

ITC 337 Law Blog

November 23, 2014
On November 20, 2014, Chief ALJ Charles E. Bullock issued Order No. 12 in Certain Light Reflectors And Components, And Packaging, and Related Advertising Thereof (Inv. No. 337-TA-924).By way of background this investigation is based on a June 20, 2014 complaint and July 11, 2014 amended complaint filed by Sunlight Supply, Inc. and IP Holdings, LLC alleging violation of Section 337 in the...
November 21, 2014
On November 19, 2014, ALJ Theodore R. Essex issued Order No. 10 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).By way of background, the investigation is based on an August 4, 2014 complaint filed by ARM Enterprises, Inc. and Adrian Rivera alleging violation of Section 337 in the importation into the U.S. and sale of certain...
November 20, 2014
On November 13, 2014, Chief ALJ Charles E. Bullock issued Order No. 62 in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).By way of background, the investigation is based on an October 20, 2013 complaint filed by BTG International Inc. ("BTG") alleging violations of Section 337 in the importation into the U.S. and sale of certain antivenom compositions and...

Patents Post-Grant

November 24, 2014
Representative Order Suggests Evolving Motion to Amend Practice Since the passage of the America Invents Act (AIA) the Patent Trial & Appeal Board (PTAB) has successfully fulfilled its charge as a speedy, cost effective alternative to patent litigation. But, that is not to say that the road has been completely bump-free. As discussed previously, there has been some controversy in the early...
November 20, 2014
CAFC Again Finds Abuse of Discretion in Denying Stay Pending PTAB Review Back in July, the CAFC considered an interlocutory appeal from a denial of a motion to stay pending Patent Trial & Appeal Board (PTAB) review in VirtualAgility Inc., v. Salesforce.com Inc., et al. (EDTX). In Virtual Agility, the Court reversed the EDTX's denial as an abuse of discretion since it seemingly held...
November 18, 2014
November PatentsPostGrant.com Webinar to Focus on CBM Practice This month's edition of the PatentsPostGrant.com free webinar series will be held this Wednesday, November 19th @12:30 (est). The November webinar is entitled:Business Method Patent Challenges after CLS Bank & Ultramercial. (speakers: Michael Kiklis & Scott McKeown). The webinar will cover important tactical considerations for...

Protecting Designs

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...
September 15, 2014
On September 8, 2014, Judge Otis D. Wright, II, U.S. Dist. Ct., C.D. Calif., issued an Order keeping alive a claim for design patent infringement while booting other asserted claims in a Motion to Dismiss under F.R.C.P. 12(b)(6). See Deckers Outdoor Corp. v. J.C. Penney Co., Inc., C.D. Cal., Case No. 2:14-cv-02565-ODW(MANx) (“Order Granting in Part Motion to Dismiss with Partial Leave to Amend,”...
August 1, 2014
The U.S. International Trade Commission (ITC) recently concluded its investigation into "Certain Tires and Products Containing Same" (Investigation No. 337-TA-894), finding in favor of Toyo Tire & Rubber Co. Ltd. of Japan (hereinafter "Toyo") et al. against a sizable number of non-U.S.- and U.S.-based tire companies. A link to the notice is provided here. In particular, previously finding...