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HTMLBASF And UChicago Argonne File New 337 Complaint Regarding Certain Lithium Metal Oxide Cathode Materials
Alexander B. Englehart, Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 26, 2015, previously published on February 23, 2015
On February 20, 2015, BASF Corp. of Florham Park, New Jersey ("BASF") and UChicago Argonne LLC of Lemont, Illinois ("Argonne") (collectively, "Complainants") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

 

HTMLALJ Pender Denies Motion To Consolidate In Certain Network Devices (II) (337-TA-945)
Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 26, 2015, previously published on February 20, 2015
On February 5, 2015, ALJ Thomas B. Pender issued Order No. 3 in Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945). In the Order, ALJ Pender denied Respondent Arista Networks, Inc.'s ("Arista") motion to consolidate Inv. Nos. 337-TA-944 and...

 

HTMLPTAB Cautions on Petition Shortcuts
Scott A. McKeown; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on December 29, 2014
The reason for presenting a declaration in support of an AIA trial petition is simple — evidence is superior to attorney argument. Likewise, the Patentee will invariably respond with their own declaration once trial is ordered. Indeed, not filing a declaration together with the petition will...

 

HTMLALJ Bullock Grants Motion To Terminate Investigation Based on Settlement In Certain Flash Memory (337-TA-893)
Eric Schweibenz; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on February 13, 2015
On January 28, 2015, Chief ALJ Charles E. Bullock issued Order No. 78 in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-893).

 

HTMLThe U.S. Teams Up with the Native Americans Against Pro-Football, Inc.
Roberta S. Bren; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on January 21, 2015
A Notice of Intervention was filed on January 9, 2015 by the Solicitor General to defend the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a).

 

HTMLALJ Pender Terminates Investigation Based On Settlement Agreement In Certain Devices Containing Non-Volatile Memory (337-TA-922)
Eric Schweibenz; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on February 12, 2015
On February 6, 2015, ALJ Thomas B. Pender issued Order No. 12 in Certain Devices Containing Non-Volatile Memory and Products Containing the Same (Inv. No. 337-TA-922).

 

HTMLJuries to Tackle Tacking Questions
Jonathan Hudis; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on January 21, 2015
In the U.S., priority in trademark rights is awarded to the company that first uses its mark in commerce. Under certain limited circumstances, a trademark owner can make certain modifications to its mark over time without losing priority. That is, the user of a new mark may be clothed with the...

 

HTMLITC Institutes Investigation (337-TA-946) Regarding Certain Ink Cartridges
Eric Schweibenz; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on February 11, 2015
On January 21, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Ink Cartridges (Inv. No. 337-TA-946).

 

HTMLPTAB Sanctions Patentee For Provocative Filings
Scott A. McKeown; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on December 9, 2014
37 C.F.R. § 42.12 provides that the Patent Trial & Appeal Board (PTAB) the power to sanction parties. The Board has been reluctant to officially sanction parties given the relative newness of the AIA trial proceedings. The power to sanction parties was only been even alluded to in a...

 

HTMLLEGO Files New 337 Complaint Regarding Certain Toy Figurines
Christopher Ricciuti, Eric Schweibenz; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on February 18, 2015
On February 5, 2015, LEGO A/S of Denmark, LEGO System A/S of Denmark, and LEGO Systems, Inc. of Enfield, Connecticut (collectively, "LEGO") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

 


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