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Documents on Intellectual Property, Manufacturing, Construction
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|Think You Won? You May Still Need to Appeal|
Christopher K. Albert, Brian T. Moriarty; Hamilton, Brook, Smith & Reynolds, P.C.;
May 15, 2013, previously published on May 8, 2013In Lazare Kaplan Int’l, Inc. v. Photoscribe Techs., Inc., the Federal Circuit recently held that a district court may not re-open a final judgment as to patent validity that was not raised by either party in a prior appeal. The “not invalid” judgment cannot be re-opened even when...
|ALJ Rogers Rules On Motion To Strike Complainants’ Interrogatory Responses And Expert Reports In Certain Rubber Resins (337-TA-849)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
April 30, 2013, previously published on April 26, 2013On April 12, 2013, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 36 (dated March 5, 2013) in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).
|Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on Watch|
Maria L. Cedroni, Deirdre E. Sanders; Hamilton, Brook, Smith & Reynolds, P.C.;
April 10, 2013, previously published on April 8, 2013Recently, in the case of Lighting Ballast Control LLC v. Philips Elecs. N. Am. Corp., the Court of Appeals for the Federal Circuit granted a Petition for rehearing en banc on an essential area of patent law, namely, claim construction. In the Order granting the Petition, the Federal Circuit has...
|Intellectual Property Issues in Construction Agreements|
Samantha C. Kernahan; McLennan Ross LLP;
March 28, 2013, previously published on Spring 2013It may seem that discussion of Intellectual Property, a form of intangible asset, does not belong in the context of construction agreements. Contrary to that perception, intellectual property issues are especially relevant wherever designs, methodologies and analytical data support the goods and...
|ALJ Bullock Grants Motion To Terminate Investigation As To Menard And Pass & Seymour In Certain Ground Fault Circuit Interrupters (337-TA-739)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
February 7, 2013, previously published on February 4, 2013On February 4, 2013, Chief ALJ Charles E. Bullock issued Order No. 76 in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).
|ALJ Bullock Grants Motion to Show Cause in Certain Ground Fault Circuit Interrupters (337-TA-739)|
John F. Presper, Christopher Ricciuti; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
January 31, 2013, previously published on January 29, 2013On January 25, 2013, Chief ALJ Charles E. Bullock issued Order No. 75 granting Complainant Leviton Manufacturing Co., Inc.’s (“Leviton”) motion for an order directing Respondents Shanghai ELE Manufacturing Corp., Shanghai Jia AO Electrical Co., Ltd., American Electric Depot Inc.,...
|What is Cool About Additive Manufacturing? PTO Event Today Shows the Latest for This Economic Engine|
J. Steven Rutt; Foley & Lardner LLP;
January 31, 2013, previously published on January 24, 2013I attended today the USPTO partnership meeting on “additive manufacturing” (aka 3D Printing). The content was excellent, covering both talks and demonstrations. Companies presenting included 3D Systems, Stratasys, Shapeways, MakerBot, Ex One, and EOS. Several hundred persons attended,...
|ALJ Bullock Denies Motion To Compel In Certain Sintered Rare Earth Magnets (337-TA-855)|
John F. Presper, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
January 30, 2013, previously published on January 28, 2013On January 24, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 45 (dated January 14, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).
|Design Patent Case Digest: Victor Stanley, Inc. v. Creative Pipe, Inc.|
David K.S. Cornwell, Tracy-Gene G. Durkin; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
January 29, 2013, previously published on January 22, 2013Opinion: Plaintiff, Victor Stanley, Inc. sued Creative Pipe, Inc. for infringement of U.S. Design Patent D523,263, entitled End Frame for a Bench. Victor Stanley sells park benches, including a number of similar benches in the Framers Modern Series. Creative Pipe made competing park bench called...
|Does the First Sale Rule Apply to Works Manufactured Outside the United States?|
Jennifer K. Miller; Dinsmore & Shohl LLP;
January 15, 2013, previously published on January 14, 2013Under the Copyright Act, copyright owners are granted the exclusive right to prevent the unauthorized sale or distribution of copies of their works to the public. The first sale doctrine creates an exception to this rule by cutting off the copyright owner’s exclusive sales/distribution rights...