Firm News

U. S. Patent and Trademark Office Sets or Adjusts Patent Fees as Authorized by the Leahy-Smith America Invents Act

Further to a notice of proposed rulemaking published on September 6, 2012, the final rule regarding U.S. Patent Fees was published on January 18, 2013 (please visit http://www.gpo.gov/fdsys/pkg/FR-2013-01-18/pdf/2013-00819.pdf to view this new rule in its entirety). This rule is effective on March 19, 2013, except for certain sections which will be effective on January 1, 2014.

Oblon Spivak Names New Senior Associates and One New Senior Attorney

For Immediate Release January 14, 2013 Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is pleased to announce that Aldo Martinez, Ryan Smith, Alexander Englehart, and Steven Chang, have been elevated to senior patent associates and James Love has been elevated to senior patent attorney.

Oblon Spivak Is By All Measures the Leading Post Grant Practice Group in 2012

For Immediate Release January 10, 2013 Alexandria, Va. – The intellectual property law firm Oblon Spivak, which is located across the street from the United States Patent and Trademark Office (USPTO) and which is home to many former USPTO directors and judges, has taken a decisive lead in the area of post grant proceedings under the America Invents Act (AIA). There are now over one hundred AIA post grant proceedings pending before the USPTO, most of which are inter partes review proceedings. Oblon Spivak has solidified its position as the leader in this space by outpacing other law firms in terms of the number, diversity and commercial importance of post grant proceeding representations.

Oblon Spivak Named a 2013 "Go-To" Law Firm

For Immediate Release December 20, 2012 Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is pleased to announce that the firm has been named one of the 2013 "Go-To" Law firms at the Top 500 companies in the U.S. The list will appear in the tenth annual edition of In-House Law Departments at the Top 500 Companies guide.

Federal Circuit Rules in Favor of SMC Corporation By Affirming ITC's Decision To Invalidate Competitor's Patent

Federal Circuit Rules in Favor of SMC Corporation By Affirming ITC's Decision To Invalidate Competitor's Patent For Immediate Release November 16, 2012 Alexandria, Va. – The U.S. Court of Appeals for the Federal Circuit issued a precedential opinion affirming a decision by the International Trade Commission (ITC) which ruled against Norgren, Inc., a Colorado-based company in its claims that SMC Corporation and SMC Corporation of America violated 19 U.S.C. Section 1337 with unfair practices in import trade.

Oblon Spivak's Arthur Neustadt Quoted in Law360 Regarding the Federal Circuit's Decision in Medtronic IP Case

Oblon Spivak's Arthur Neustadt is quoted in the recent Law360 article regarding the Federal Circuit's decision in the Medtronic IP case.

Law360, New York (September 18, 2012)

Post-Grant Proceedings Before the Patent Trial and Appeal Board

The America Invents Act created the Patent Trial and Appeal Board which is akin to the Board of Patent Appeals and Interferences and which will preside over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure will be inter partes review, which effectively replaces inter partes reexamination as of September 16, 2012. Other post-grant proceeding include Post-Grant Review and the Transitional Program for Covered Business Method Patents.

Changes to Implement the Inventor's Oath or Declaration Provisions of the America Invents Act

Dear Colleagues, On August 14, 2012, the United States Patent Office issued final rules which implement the inventor's oath or declaration provisions of the Leahy-Smith America Invents Act (AIA). The new inventor's oath/declaration provisions take effect on September 16, 2012, and apply to all non-PCT U.S. patent applications filed under 35 U.S.C. § 111(a) – including continuing and PCT bypass applications – on or after September 16, 2012, without regard to any priority claim, and regardless of when the oath or declaration is executed. For PCT national stage applications the new inventor's oath/declaration provisions only apply to applications that have an international filing date on or after September 16, 2012. Therefore, even after September 16, 2012, the current inventor's oath/declaration forms should be used for any national stage application with an international filing date before September 16, 2012.

Five Oblon Spivak Attorneys Named To Best Lawyers 2013

For Immediate Release August 23, 2012 Alexandria, VA –Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is pleased to announce that five partners have been named to the 2013 edition of The Best Lawyers in America. Charles L. Gholz, Gregory J. Maier, Gerald J. Mossinghoff, Arthur I. Neustadt and Norman F. Oblon are all recognized as among the best in Intellectual Property Law. Best Lawyers is widely regarded as the preeminent referral source to the legal profession in the United States.

Best Lawyers 2013

USPTO Announces Proposed Rules and Examination Guidelines Regarding the First-Inventor-to-File Provisions of the America Invents Act (AIA)

On Thursday, July 26, 2012, the USPTO announces publication of the following proposed rules and examination guidelines regarding the first-inventor-to-file provisions of the Leahy-Smith America Invents Act (AIA):