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HTMLALJ Essex Rules On Motion To Compel And For Adverse Inferences In Certain Acousto-Magnetic Electronic Article Surveillance Systems (337-TA-904)
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
On July 17, 2014, ALJ Theodore R. Essex issued the public version of Order No. 10 (dated July 8, 2014) in Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof and Products Containing the Same (Inv. No. 337-TA-904).

 

HTMLDuck, Duck, Goose? No, Says the Court - Aereo Remains Yet Another Duck
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 9, 2014
Many jurisdictions around the globe face complex questions resulting from the use of new technologies for internet redistribution of over-the-air linear broadcast signals in a manner that could threaten traditional television.

 

HTMLInsights from a Recent Panel on Navigating AIA Trials
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
On July 14, 2014, the Bar Association of the District of Columbia presented "Navigating AIA Trials at the USPTO," a panel discussion on the Leahy-Smith America Invents Act (AIA) trials, which took place at the D.C. office of Venable LLP. The diverse panel included Patent Trial and Appeal...

 

HTMLErrors in Reissue Patent Applications
Laura A. Labeots; Husch Blackwell LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
Recently, the Federal Circuit provided some insight about the “error” upon which a reissue patent application can be based under 35 U.S.C. § 251. See In re Dinsmore, No. 2013-1637, 2004 WL 2337372 (Fed. Cir. June 10, 2014).

 

HTMLIPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and publications. To help navigate the uncharted waters of this procedure,...

 

HTMLVersata v. SAP: PTAB Decision Does Not Trump a Final Jury Verdict
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
As discussed in an earlier article, the final decision in the first covered business method review (CBM) in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001, presents many issues of first impression regarding the scope of AIA trials. Most recently, the Federal Circuit...

 

HTMLFederal Circuit Reverses Termination Of Enforcement Proceedings In Align Technology Appeal (2013-1240, 1363)
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
July 28, 2014, previously published on July 25, 2014
On July 18, 2014, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Align Technology, Inc. v. ITC (2013-1240, 1363). This was an appeal from the International Trade Commission’s (“the Commission”) decision that it could review the ALJ’s Order...

 

HTMLJohnson Outdoors Files New 337 Complaint Regarding Certain Marine Sonar Imaging Systems
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
On July 18, 2014, Johnson Outdoors Inc. of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of Eufaula, Alabama (collectively, “Johnson Outdoors”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

 

HTMLRegistration for JACK BLACK allowed on appeal
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
The applicant for the registration of the trade-mark JACK BLACK has won before the Federal Court. The application is for wares relating to personal care and grooming products, including lotions and skin preparations, shaving gels and deodorants, among others. The mark was found to have been used...

 

Adobe PDFAny Port in a Storm: The Hatch-Waxman’s (Ever Expanding) Safe Harbor Provision
Andrew P. Ritter; Sughrue Mion PLLC;
Legal Alert/Article
July 25, 2014, previously published on July 2014
Thomas Jefferson, Benjamin Franklin, and the multitude of men and women who helped establish the United States were visionaries in many ways. One of the most important of which was to provide Congress with the power “to promote the Progress of Science and useful Arts, by securing for limited...

 


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