Markman Hearings For Interferences?
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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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We had a panel hearing recently on the issue of priority in one of the Trial Section’s new “priority first-preliminary motions later” interferences. The most striking thing about the hearing from my perspective was the parties’ flatly inconsistent interpretations of the count. Each side had put in its priority testimony based on its interpretation of the count, and a great deal of each party’s priority testimony would be irrelevant (because outside the scope of the count) if the panel accepts the other party’s interpretation of the count. This “ships passing in the night” situation got me to thinking, why not have Markman hearings during the administrative phases of interferences?
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