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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...

 

HTMLProduct Manuals vs. Products: Breadth of IPR Estoppel
Scott A. McKeown; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 26, 2015, previously published on February 11, 2015
The petitioner estoppel provision of Inter Partes Review (IPR), 35 U.S.C. § 315(e)(2), precludes a petitioner from asserting invalidity in a subsequent litigation or ITC action "on any ground that the petitioner raised or reasonably could have raised during that inter partes review."...

 

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).

 

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...

 

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...

 

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).

 

HTMLALJ Shaw Denies Motion For Summary Determination Of Permissible Repair In Certain Toner Cartridges (337-TA-918)
Alex Englehart, 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, ALJ David P. Shaw issued Order No. 23 in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-918). In the Order, ALJ Shaw denied Respondents International Laser Group, Inc., Ninestar Image Tech Limited, Zhuhai Seine Technology Co., Ltd., Ninestar Technology Co.,...

 

HTMLALJ Pender Sets 16-Month Target Date In Certain Wireless Headsets (337-TA-943)
Eric Schweibenz; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on February 10, 2015
On February 9, 2015, ALJ Thomas B. Pender issued Order No. 5 in Certain Wireless Headsets (Inv. No. 337-TA-943).

 

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 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).

 


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