Firm News

Senate passes the Leahy-Smith America Invents Act

It was announced yesterday evening that the "Leahy-Smith America Invents Act" (H.R. 1249) has been passed by both houses of congress and sent to President Obama for signature. The President has stated that he will sign the bill into law which we expect to occur in the next few days.

U.S. Patent and Trademark Office Proposes to Redefine "Materiality" in its Duty of Disclosure Rules Consistent with Federal Circuit's Therasense Decision

On July 21, 2011, the USPTO published proposed rules §§ 1.56(b) and 1.555(b) to revise the materiality standard for the duty to disclose information to the USPTO in patent applications and reexamination proceedings in view of the Federal Circuit's decision in Therasense, Inc. v. Becton, Dickinson & Co., ___ F.3d ___, 2011 WL 2028255 (Fed. Cir. 2011) (en banc). The revision to section 1.56, which is substantively identical to the proposed new section 1.555(b) is as follows:

Oblon, Spivak's Richard Kelly Quoted in Law360 Regarding the Supreme Court's Decision to Hear More IP Cases in the Upcoming Term

In a recent Law360 article, Oblon, Spivak's Richard Kelly is quoted regarding the Supreme Court's decision to hear more intellectual property cases in the upcoming term: Golan v. Holder, Mayo v. Prometheus Laboratories, Kappos v. Hyatt and Caraco v. Novo Nordisk.

Law360, San Diego (July 12, 2011)

Director Kappos' Comments On The Importance of Examiner Interviews

Interview Program Continues to Find Success "As I travel across the country and speak to our stakeholders, I have received many positive comments on the responsiveness and professionalism of our patent examiners when requesting and holding interviews. Practitioners tell me how helpful interviews are, and how helpful examiners are during interviews to resolve issues and advance prosecution. This proactive approach of reaching out to applicants during examination is reflected in our numbers. For the second fiscal year in a row, the number of interviews held by the examining corps has increased. In fact, we are on track to increase interview practice by 50% over two years ago by the end of this fiscal year.

USPTO Director’s Forum Blog

Oblon, Spivak Founding Partner Norman Oblon Recognized As a Visionary by National Law Journal

For Immediate Release June 27, 2011 Alexandria, Va.–Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is pleased to announce that Norman F. Oblon, one of the Firm's founding partners, is honored in the National Law Journal's fourth annual Legal Times Awards for Champions & Visionaries.

National Law Journal - Champions & Visionaries

U.S. House of Representatives Passes Patent Reform Legislation

The U.S. House of Representatives passed the America Invents Act 304-117, with 168 Republicans and 136 Democrats voting in favor. The legislation passed by the House has some differences from the Senate version passed in March. However, there is an informal agreement that the Senate will vote on the House version of the bill without amendment. If that occurs, the legislation will then go to President Obama for signature.

United States Patent Office Director David Kappos issues press release following House passage of Leahy-Smith America Invents Act

Statement of USPTO Director David Kappos Following House Passage of Leahy-Smith America Invents Act:

USPTO announces enhancements to Public and Private PAIR to include a new "Display References" tab, Fee Payment History, Outgoing Correspondence Docket Checkbox and more

From the USPTO e-Commerce Alert of June 15, 2011: "Beginning on June 18, 2011, PAIR users will notice several new system enhancements.

Chambers USA 2011 Again Ranks Oblon, Spivak Among Top IP Firms in Northern Virginia

For Immediate Release June 15, 2011 Alexandria, Va.–Oblon, Spivak, McClelland, Maier &Neustadt, L.L.P. is pleased to announce that the Firm is again a highly ranked law firm for intellectual property in Northern Virginia in Chambers USA 2011. Partners Arthur I. Neustadt is recognized in the first band of key individuals among the intellectual property attorneys in the state, Charles L. Gholz is noted in the second band.

Chambers USA

Federal Circuit Affirms Dismissal of Suit Against Oblon, Spivak Client SkyHawke Technologies

For Immediate Release June 9, 2011 Alexandria, Va. – Intellectual property law firm Oblon, Spivak, McClelland, Maier &Neustadt, L.L.P. is pleased to announce that the U.S. Court of Appeals for the Federal Circuit issued a decision on June 8, 2011 affirming the dismissal of a lawsuit filed in 2007 against SkyHawke Technologies, LLC. The case is GPS Industries, Inc. v. SkyHawke Technologies, LLC (2009-1535).