Firm News

Federal Circuit Changes Standards to Make it More Difficult to Prove Inequitable Conduct

On May 25, 2011, the Federal Circuit released its long-awaited en banc decision in Therasense, Inc. v. Becton Dickinson and Co. (Appeal No. 2008-1511), in which it raised the standard for proving inequitable conduct and rendering a patent unenforceable. The decision makes it more difficult for accused infringers to prove the two elements required for inequitable conduct, namely (i) that the patent applicant withheld "material" information (i.e., important or relevant information) from the patent examiner, or the applicant submitted material information that was false or misleading, and (ii) the applicant intended to deceive the Patent Office by withholding material information or submitting the material information that was false or misleading.

USPTO to Expand the Enhanced First Action Interview Pilot Program

The U.S. PTO recently announced it is expanding the Enhanced First Action Interview Pilot Program to include all utility applications in all technology art areas and all filing dates, and that this program will continue until May 16, 2012.

USPTO Officially Postpones the ‘Track One' Start Date. We had previously reported the delay on April 21, 2011

USPTO Postpones Effective Date of "Track One" Fast-Track Patent Processing Washington – The United States Patent and Trademark Office (USPTO) has postponed the start date of the Track One prioritized patent examination program, which was scheduled to go into effect on May 4, 2011, until further notice due to reduced spending authority in the Full-Year Continuing Appropriations Act, 2011.

Director Kappos Announces Funding Cuts Affecting USPTO Operations

Director Kappos announced today that the USPTO would be making some "difficult decisions" due to funding cuts reflected in the FY 2011 budget signed on April 15, 2011 by President Obama (Full-Year Continuing Appropriations Act, 2011 (Pub. Law 112-10)). The Director anticipates that the USPTO may be operating at the FY 2011 level "for the foreseeable future".

The Honorable Gerald J. Mossinghoff to Appear on BioCentury TV Regarding the Microsoft v. i4i Case

The Hon. Gerald J. Mossinghoff, Senior Counsel to the Oblon, Spivak law firm, and former U.S. Commissioner of Patents and Trademarks under President Reagan, appeared on CBS' affiliate WUSA9 talk show, BioCentury This Week, on Sunday morning, April 24.

Five Oblon, Spivak Attorneys Selected for Top Patent Prosecutors List

For Immediate Release April 14, 2011 Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is pleased to announce that six partners have been named to Patent Research Reviewand Patent Buddy's Top Patent Prosecutors list. Stephen Baxter, Ph.D., Eckhard Kuesters, Surinder Sachar, and Philippe Signore, Ph.D., are all recognized among the leading patent prosecutors.

Patent Buddy and Patent Research Review

USPTO Prepares for Possible Government Shutdown

In the event of a government shutdown on April 9, 2011, the United States Patent and Trademark Office (USPTO) will remain open and continue to operate as usual for a period of six business days – through Monday, April 18, 2011 -- because the USPTO has enough available reserves, not linked to the current fiscal year, to remain in operation until then. Should a shutdown occur and continue longer than the six-day period, we anticipate that limited staff will be able to continue to work to accept new electronic applications and maintain IT infrastructure, among other functions. More information will be posted on this website as it becomes available.

Oblon, Spivak's Richard Kelly Quoted in Managing Intellectual Property (MIP) About Google's Bid for Nortel's Patents

In a recent Managing Intellectual Property (MIP) Managing Patents article, Richard Kelly is quoted regarding Google's $900 million bid for Nortel's patents. Nortel filed for bankruptcy in 2009 and the bankruptcy auction is expected to be held later this year. Mr. Kelly commented that "this could get to a little bit of insanity, but it is where mobile communications is going." "If Google can pull this off, they've probably got a pretty good buy." "It certainly is not good news for RIM if Google is handling this and they want to be 4G," said Kelly. "The same could be said for others."

Managing Intellectual Property (MIP), Managing Patents 05 April 2011

USPTO Announces Launch Date for Fast-Track Patent Processing

Original utility or plant applications filed on or after May 4, 2011 will be eligible for the Prioritized Examination Track I of the Enhanced Examination Timing Control Procedures.

Oblon, Spivak Ranked a Top IP Firm in Chambers Global 2011

For Immediate Release March 29, 2011 Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is pleased to announce that the Firm is a highly ranked law firm for Intellectual Property: Patent in the United States in Chambers Global 2011. This is the first time the firm has been ranked in the Global guide.

Chambers Global 2011