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HTMLFraud Ruling By TTAB Makes Obligations Clear
Roberta S. Bren; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
December 3, 2014, previously published on October 20, 2014
In Nationstar Mortgage LLC, v. Mujahid Ahmad (Opposition No. 91177036 decided Sept. 30, 2014), the Trademark Trial and Appeal Board (TTAB) made it clear that Applicants are “obligated to read and understand” what is being signed and “investigate the accuracy of his statements in...

 

HTMLPTAB "Target Practice"
Scott A. McKeown; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
December 3, 2014, previously published on October 22, 2014
Back in September, the Patent Trial & Appeal Board (PTAB) issued a rare expanded panel Order in Target Corp. v. Destination Maternity Corp., (IPR2014-00508) (here). In the Order, a divided panel denied issue joinder under 35 U.S.C. § 315(c) as a matter of law (i.e., the joining of two...

 

HTMLCAFC Denies PTO Rehearing on New Rejection Discretion
Scott A. McKeown; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 28, 2014, previously published on October 28, 2014
Back in June, the Court of Appeals for the Federal Circuit (CAFC) decided Q. I. Press Controls, B.V.,v. Quad/Tech, Inc. The appeal stemmed from an inter partes reexamination of U.S. patent 6,867,423 (95/000,526). Of particular interest in the appeal from the Patent Trial & Appeal Board (PTAB)...

 

HTMLBackflow To Add to Growing PTAB Workload
Scott A. McKeown; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
As discussed on Tuesday, sometimes the Court of Appeal for the Federal Circuit (CAFC) will find it necessary to remand an appeal to the Patent Trial & Appeal Board (PTAB). Likewise, sometimes the Solicitor will seek remand in appropriate circumstances. Historically remand occurs in about 10-15%...

 

HTMLNew Representative Order on PTAB Amendment Practice
Scott A. McKeown; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 24, 2014
Since the passage of the America Invents Act (AIA) the Patent Trial & Appeal Board (PTAB) has successfully fulfilled its charge as a speedy, cost effective alternative to patent litigation. But, that is not to say that the road has been completely bump-free. As discussed previously, there has...

 

HTMLMotion - Shift. But No Change in Formation in case involving Washington Football Team Name
Roberta S. Bren; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 26, 2014
The Defendants’ Motion to Dismiss the Appeal filed by Pro-Football Inc. was denied. On November 25, 2014, the Court ruled that the Native American Defendants are parties of interest and there is a case and controversy for the Appeal. As a result, the Native American Defendants will remain...

 

HTMLSamsung Files New 337 Complaint Regarding Certain Graphics Processing Chips
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 26, 2014
On November 21, 2014, Samsung Electronics Co., Ltd. of South Korea and Samsung Austin Semiconductor, LLC of Austin, Texas (collectively, "Samsung") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. Due to the size of the complaint we have split...

 

HTMLITC Institutes Investigation (337-TA-937) Regarding Certain Windshield Wipers
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 19, 2014
On November 17, 2014, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-937). Please note that Oblon Spivak represents Complainants in this...

 

HTMLALJ Essex Grants Motion To Terminate Investigation As To LBP Respondents In Certain Beverage Brewing Capsules (337-TA-929)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 21, 2014
On November 19, 2014, ALJ Theodore R. Essex issued Order No. 10 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

 

HTMLCAFC Emphasizes Limitation on Patent Reissue Claim Scope
Scott A. McKeown; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 27, 2014, previously published on November 26, 2014
As provided by 35 U.S.C. § 251, Patent Reissue is a mechanism by which a patent owner may correct an error in an issued patent. A proper reissue application is directed to an error that renders an issued patent wholly, or partly, inoperative. Such an error could be the mere absence of narrower...

 


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