In 35 USC 146 Actions, Should District Courts Decide Issues That Were Not Reached by the Board?
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Headquartered within steps of the USPTO with an affiliate office in Tokyo, Oblon is one of the largest law firms in the United States focused exclusively on intellectual property law.
1968
Norman Oblon with Stanley Fisher and Marvin Spivak launched what was to become Oblon, McClelland, Maier & Neustadt, LLP, one of the nation's leading full-service intellectual property law firms.
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The United States Patent and Trademark Office (USPTO) issued final rules implementing the inventor's oath or declaration provisions of the America Invents Act (AIA) on August 14, 2012.
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The Trial Section of the BPAI frequently does not decide all of the issues that were fully developed by the parties and presented to it for decision. Instead, it appears to be its usual (but not invariable) practice to decide only enough issues to support a judgment and to then dismiss or not reach the remaining issues as moot in view of its decision as to the issues that it did reach.3 Moreover, since the APJs on the Trial Section are, after all, human, it seems to me that they often decide an easy dispositive issue, although other, more difficult issues would be equally dispositive.
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