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Fast Facts

About Our

Law Firm

About Our Law Firm

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.

Get to know our


Get to know our History

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.

Our Local and

Global Reach

Our Local and Global Reach

Outside the US, we service companies based in Japan, France, Germany, Italy, Saudi Arabia, and farther corners of the world. Our culturally aware attorneys speak many languages, including Japanese, French, German, Mandarin, Korean, Russian, Arabic, Farsi, Chinese.

A few of our


A few of our ACCOLADES

Oblon's professionals provide industry-leading IP legal services to many of the world's most admired innovators and brands.




From the minute you walk through our doors, you'll become a valuable part of a team that fosters a culture of innovation, client service and collegiality.

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GET In Touch

A few ways to GET In Touch
US Office

Telephone: 703-413-3000
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Tokyo Office

Telephone: +81-3-6212-0550
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Patent Forms

Downloadable Patent Forms

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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CAFC Resolves District Court Split: Defendant Cannot Use Post-Suit Unilateral Statement of Consent to Preclude Rule 4(k)(2) and Transfer Case to Alternative Forum

  • February 15, 2023
  • Article
  • Federal Circuit Updates - February 2023 Newsletter

In re Stingray IP Solutions, LLC., No. 2023-102 (January 9, 2023) (Lourie, Taranto, Stark*)

Stingray petitioned for a writ of mandamus seeking to undo an order transferring the case from the United States District Court for the Eastern District of Texas to the United States District Court for the Central District of California. Stingray had filed suit against TP-Link Technology Co., Ltd., a company organized and headquartered in China, and TP-Link International Ltd. (which later changed its name to TP-Link Corporation Limited), a company organized and headquartered in Hong Kong. The TP-Link entities moved to dismiss for lack of personal jurisdiction or, in the alternative, to transfer the case to the Central District of California. The TP-Link entities argued that Fed. R. Civ. Proc. 4(k)(2) did not cure the jurisdictional defects because the TP-Link entities “would be amenable to suit in the Central District of California.” Following discovery on jurisdiction and venue, the district court granted the motion to transfer on the grounds that the exercise of personal jurisdiction by the Eastern District of Texas would be unreasonable and, under Rule 4(k)(2), improper because of the representations made by the TP-Link entities. Stingray then filed its petition for a writ of mandamus.

In an opinion authored by Judge Taranto, the panel observed that there existed a split between the district courts on whether a defendant can defeat jurisdiction under Rule 4(k)(2) by unilaterally consenting to suit in a different district. This division rendered mandamus review appropriate in this situation, since it provided the panel the opportunity to resolve that dispute. The panel therefore rejected the TP-Link entities’ argument that mandamus review of a ruling on a motion under 28 U.S.C. § 1406(a) was inappropriate since it could be appealed from a final judgment.

Regarding the merits of Stingray’s petition, the panel held that a defendant, such as the TP-Link entities, could not use a “unilateral statement of consent” to preclude application of Rule 4(k)(2) and thereby obtain a transfer of the case. The panel confirmed that a defendant such as the TP-Link entities bears the burden of showing that the suit could have been brought in the transferee forum regardless of consent. The panel therefore vacated the district court’s transfer order and remanded the case for further proceedings, including whether the TP-Link entities could show that Stingray could have filed suit in the Central District of California and/or whether transfer under 28 U.S.C. § 1404(a) would be appropriate.