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HTMLALJ Pender Sets Consolidated Procedural Schedule In Certain Windshield Wipers (337-TA-928/937)
Alexander B. Englehart, Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 27, 2015, previously published on February 19, 2015
On January 21, 2015, ALJ Thomas B. Pender issued Order No. 10 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937). Please note that Oblon represents Complainants in this matter.

 

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."...

 

HTMLPTAB Expanded Panel Reverses Field on Issue Joinder
Scott A. McKeown; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 26, 2015, previously published on February 12, 2015
At the outset of this year, I explained how Target Corp. v. Destination Maternity Corp (IPR2014-00508) was one of five Patent Trial & Appeal Board (PTAB) decisions that changed post-grant trial practice in 2014. Target was notable because it was a significant departure from previous PTAB...

 

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...

 

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.

 

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).

 

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.

 

HTMLNXP Files New 337 Complaint Regarding Certain Electronic Products
Alex Englehart, Eric Schweibenz; Oblon McClelland Maier Neustadt L.L.P.;
Legal Alert/Article
February 25, 2015, previously published on February 17, 2015
On February 10, 2015, NXP B.V. of the Netherlands and NXP Semiconductors USA, Inc. of San Jose, California (collectively, "NXP") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

 

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...

 

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...

 


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