ED VA Declares New Rules Void
"ED VA Declares New Rules Void: "Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications," 72 Fed. Reg. 46,716-843 (Aug. 21, 2007)(to be codified at 37 C.F.R. pt. 1)(the "Final Rules") are declared null and void as "otherwise not in accordance with law" and "in excess of statutory jurisdiction [and] authority," 5 U.S.C. § 706(2)"
ITC Judge Rules in Favor of SMC Corporation Concerning Patent Infringement Claim
FOR IMMEDIATE RELEASE February 19, 2008 Alexandria, Va. – An International Trade Commission (ITC) judge has ruled against a Colorado-based company regarding its claims that SMC Corporation and SMC Corporation of America violated 19 U.S.C. Section 1337 with unfair practices in import trade.
Federal Circuit Again Finds in Favor of SMC in Landmark Festo Case
For Immediate Release July 2007 Alexandria, Va. – The U.S. Court Of Appeals for the Federal Circuit (CAFC) has affirmed the Massachusetts district court's judgment in favor of SMC Corp. of lack of infringement of Festo Corporation's U.S. Patent No. 4,354,125. The July 5, 2007 ruling determined that prosecution history estoppel applied because Festo failed to rebut the Supreme Court's presumption that SMC's accused equivalent was foreseeable. This nearly 20-year long landmark patent infringement dispute between SMC and Festo included two Supreme Court and five Federal Circuit decisions, two of which were en banc.
Chambers USA 2007 Ranks Oblon, Spivak #1 Again Among Intellectual Property Firms in Northern Virginia
Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is pleased to announce that the Firm has been ranked as a #1 law firm for intellectual property in Northern Virginia for the third consecutive year in Chambers USA 2007. Additionally, Arthur I. Neustadt and Charles L. Gholz again share a #1 ranking among leading intellectual property attorneys in the state.
Oblon, Spivak's Arthur Neustadt Named to "The Best Lawyers in America" for 2006
Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is pleased to announce that Arthur I. Neustadt, head of the firm's Litigation Department and a member of its Board of Directors, has been named to the 2006 list of "The Best Lawyers in America" by Best Lawyers. Published biennially since 1983, "The Best Lawyers in America" is widely regarded as the preeminent referral guide to the legal profession in the United States.
Oblon, Spivak Announces Two New Partners and Elevates One Attorney to Senior Associate
Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is pleased to announce that Frank J. West and Akihiro Yamazaki have been elected as partners to the Firm. Additionally, the firm elevated four associates to senior associate level.
Oblon, Spivak Wins Second Jury Trial in Six Weeks; Jury Finds Patent Infringement
For Immediate Release September 22, 2005 Alexandria, Va. – A jury in U.S. District Court for the District of South Carolina in Greenville has awarded $90,000 in damages to DyStar Textilfarben GmbH & Co. Deutschland KG, a German dyestuff and chemical manufacturer due to patent infringement by C.H. Patrick Co., Inc. and Bann Quimica LTDA. DyStar is a client of Oblon, Spivak, McClelland, Maier & Neustadt, P.C. This is the second jury trial won by the Oblon, Spivak firm this year.
Ricoh Prevails in Patent Infringement Case; Richard Kelly of Oblon, Spivak Obtains Summary Judgment
FOR IMMEDIATE RELEASE August 17, 2005 Ricoh Prevails in Patent Infringement Case Richard Kelly of Oblon, Spivak Obtains Summary Judgment for Ricoh Alexandria, Va. – A district judge in the U.S. District Court, District of New Jersey, has issued a partial summary judgment ruling that patents held by photocopying machine manufacturer Ricoh Corp. are infringed and not invalid. The ruling held that defendants General Plastics Industrial Co., Ltd., Katun Corporation and Nashua Corporation are liable for infringement of six Ricoh patents based upon their manufacture and sale of toner bottles for use in Ricoh photocopiers.
Medtronic, Inc. v. Guidant Corporation
In a closely watched case in the heart pacemaker industry involving an important treatment for congestive heart failure, Chief Judge Sue L. Robinson of the United States District Court for the District of Delaware upheld a Mirowski Family Ventures ("MFV") patent licensed to Guidant Corporation and challenged by Medtronic, Inc. Trial counsel for MFA was Arthur Neustadt of the Oblon, Spivak firm.
Landmark Festo Case Update: District Court Finds for SMC
A U.S. district judge in the District of Massachusetts has found that Festo Corporation did not prove SMC Corp. infringed its patents under the doctrine of equivalents in a bench trial on the landmark case.