News Room


07

Jun 2017

Osha Liang Ranked in 2017 IAM Patent 1000

For the first time, Osha Liang was recognized by Intellectual Asset Management (IAM) Patent 1000 as one of the top patent firms in Texas.  Osha Liang’s intellectual property practice achieved a “highly recommended” overall ranking and was recognized in the category of prosecution.  Additionally, Partner Jeff Bergman was also named a top individual in the practice area. IAM Patent 1000 has fast become the definitive...

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30

May 2017

Litigation Before The Unified Patent Court: What Will It Look Like?

By: Francesca Giovannini As is known, the UK and Germany have still to ratify the Unified Patent Court (UPC) Agreement before it can enter into force. Germany is expected to ratify after the UK has completed the ratification process. If the UK’s intention to ratify the UPC Agreement declared last November is maintained, the UK could ratify it after the elections called for June 8, presumably...

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26

May 2017

Section 102 Bar Provision Unchanged…For Now

By: Carlyn Burton In the first consideration of the substantive amendments of the Leahy-Smith America Invents Act (AIA), the US Court of Appeals for the Federal Circuit in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.[i] weighed the statutory amendment of the on-sale bar provision. The on-sale bar, found within section 102 of the patent act, serves as a bar to patentability to prevent an...

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24

May 2017

PTAB Reverses Course Mid-Torrent: Use of “Inapplicable” Prior Art During IPR

By: Rusty Rogers This is a cautionary tale about the ability of the U.S. Patent Trial and Appeals Board’s (PTAB) to rely on additional prior art references in a decision on inter partes review (IPR) – even prior art initially deemed “inapplicable.”  In its recent decision in Novartis AG v. Torrent Pharmaceuticals (April 12, 2017), the Court of Appeals of The Federal Circuit (CAFC) approved the PTAB’s use of prior...

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22

May 2017

U.S. Supreme Court Ruling Changes 30 Years of Patent Venue Law

By: Califf Cooper On May 22, 2017, in the long-awaited and much-anticipated decision of TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court narrowed the patent venue statute holding that “a domestic corporation ‘resides’ only in its State of incorporation.”  The ruling curbs patent forum shopping and deals a big blow to the patent litigation hotbed of the Eastern District of Texas. Kraft Foods...

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22

May 2017

Another legislative proposal from a major intellectual property organization seeking to calm the 101 waters, this time from AIPLA

By: Robert Lord and Kelly McKinney The current state of § 101 jurisprudence in the United States (“U.S.”) is shrouded in confusion and uncertainty.  Indeed, decisions made by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, as set forth in Alice and its progeny, have been inconsistent and lack clear guidance on how to analyze patent eligibility under 35 U.S.C....

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16

May 2017

Osha Liang Sponsors 2017 HELPING HEROES Charity Golf Tournament

Osha Liang is a proud sponsor of the 20th Anniversary HELPING HEROES Charity Golf Tournament Sponsorship on May 23, 2017 in New Orleans, LA. This event is proudly presented by Total Safety and is aimed at helping heroes nationwide improve the lives of children, families and service men and women.  Last year, the event donated over $175,000 to support the mission of the HEROES at Sky...

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15

May 2017

China Is Formulating Guidelines for Anti-Monopoly Enforcement against Abuse of IPRs

By: Han-Mei Tso and Jude Yi Recently, the Anti-Monopoly Commission of the State Council of the People’s Republic of China released to the public “Anti-Monopoly Enforcement Guidelines on Abuse of Intellectual Property Rights” (hereafter, “Guidelines”), welcoming comments from March 23, 2017, to April 21, 2017. These Guidelines, drafted by the Anti-Monopoly Commission, are based on a prior proposal jointly contributed by the National Development and Reform...

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09

May 2017

Tammy Dunn speaks at IPO European Practice Committee Meeting

Partner Tammy Dunn is speaking at the Intellectual Property Owners Association (IPO) European Practice Committee meeting on May 18, 2017 in Paris, France. Her topic will cover “Tradeshow Temporary Restraining Orders (TROs).” For more information, please visit the IPO website.


09

May 2017

Osha Liang Attorneys Attend 2017 INTA Conference

Osha Liang attorneys Jeff Bergman, Yuichi Watanabe and Keelin Hargadon are attending the International Trademark Association (INTA) 139th Annual Meeting in Barcelona, Spain from May 20-24, 2017. For more information on the event, please visit INTA’s website.


09

May 2017

Robert Lord speaking at IPO Tri-Committee Big Data Webinar

Partner Robert Lord is speaking at the Intellectual Property Owners Association (IPO) Tri-Committee Big Data Webinar on May 10, 2017.  This year’s theme is “IP Protection in Big Data: Issues and Multijurisdictional Considerations.”  This is a joint webinar of three IPO Committees, including Emerging Technologies and Trade, Software Related Inventions and U.S. Patent Law.  Robert will be covering the topic of “U.S. Jurisdictional Considerations for Patent...

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08

May 2017

Osha Liang Sponsors 2017 AIPLA Spring Conference

Osha Liang is sponsoring the American Intellectual Property Law Association (AIPLA) 2017 Spring Meeting in San Diego, CA on May 17-19, 2017.   Managing Partner, John Osha will also be attending. For more information, please visit the event website. See below for images from the event:        


05

May 2017

Functional Claim Language: The Indefiniteness Trap

By: Seema Mehta and Jonathan Osha Functional claim limitations define an element of an invention in terms of what it does rather than in terms of its structure.  In the United States, 35 U.S.C. §112(f) (pre-A.I.A. 35 U.S.C. §112, 6th paragraph) provides that “means-plus-function” and “step-plus-function” limitations are interpreted to cover the structure or acts disclosed in the specification to perform the recited functions, and...

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01

May 2017

China’s Supreme Court Published New Guiding Cases in IP – Part I: Liability of E-Commerce Platform in Patent Infringement

By: Han-Mei Tso and Jude Yi In March 2017, the Supreme People’s Court of China (the Supreme Court) published its 16th set of guiding cases, including 10 intellectual property (IP) cases. It is worth noting that since the first set of guiding cases published in 2012, there were only five IP guiding cases until March 2017. This time, the Supreme Court published 10 IP related cases...

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28

Apr 2017

Update on the Digital Content Directive for the European Market

By: Catherine Caspar The European Commission has launched several initiatives for the definition of a legal framework for the implementation a single digital market in the European Union. In this context, the General Data Protection Regulation (EU Regulation 2016/679, hereafter the GDPR, full text available here), which will be applicable as of May 25, 2018, concerns the protection of natural persons with regard to the...

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28

Apr 2017

Update on the PPH Pilot Programme Between EPO and its Cooperating Offices

By: Alexandre Picot Effective February 1st, 2017, a trial period of three years has started for the PPH pilot programme between the European Patent Office (EPO) and the Russian Federal Service for Intellectual Property based on PCT and national work products. Further, effective January 6th, 2017, the IP5 PPH pilot programme has been extended for a period of three years. The EPO has also agreed...

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28

Apr 2017

Close, But Not Close Enough: Analysis of “Near Fit” Prior Art

By: A. Rusty Rogers In a recent decision, the U.S. Federal Circuit unearths a 19th century opinion to highlight the bedrock principle that anticipation requires showing that all elements of a claimed invention existed in the prior art, without the need for distortion or selective modification of a prior art reference. Anticipation under 35 U.S.C. § 102 is established when a prior art reference describes...

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28

Apr 2017

The Marking Statute, Disclaimers, and Impact on Damages

By: Thomas Scherer On April 17, 2017, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) rendered a decision in Rembrandt Wireless Technologies, L.P., v. Samsung Electronics Co., LTD., et al., No. 16-1729 (Fed. Cir. 2017).  The appeal involved several issues, e.g., claim construction during infringement analysis, obviousness determinations made in invalidity analysis, and the appropriate calculation of damages.  One aspect of the case that...

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28

Apr 2017

2017 FICPI China Symposium in Hangzhou

By: Han-Mei Tso and Jude Yi The International Federation of Intellectual Property Attorneys (FICPI) China Symposium (Hangzhou) 2017, also called the 6th China IP Symposium, was held in Hangzhou, the capital city of eastern China’s Zhejiang province, from March 30 to April 1, 2017. Hangzhou, a “Historic and Cultural City”, was most recently known for successfully hosting the 11th G20 Summit. Additionally, Osha Liang’s China office...

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27

Apr 2017

Patents on Computer-Implemented Inventions in the U.S.

Attorney Han-Mei Tso presented to the Taipei Nan Kang IC Design Incubation Center on April 21, 2017 in Taipei, Taiwan.  Her presentation focused on “Patents on Computer-Implemented Inventions in the U.S.”  Below are images taken during the event. Click here for more information on the event.  


27

Apr 2017

12th AIPPI Baltic Conference Event Summary

By: Jonathan Osha The 12th AIPPI Baltic Conference was held in Jurmala, Latvia on April 11-13, 2017.  The Conference was organized by the Latvian National Group of AIPPI, in cooperation with the Estonian and Lithuanian National Groups. Approximately 150 registrants attended to hear two days of informative presentations, as well as to enjoy the beautiful seaside city of Jurmala. Topics discussed during the conference ranged...

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25

Apr 2017

UPC: Factors to be Considered in Making the Decision of Opting Out

By: Francesca Giovannini Despite the ongoing uncertainties in the ratification process of the Unified Patent Court (UPC) Agreement, the so called “sunrise period” giving the possibility of opting out of European patents/applications from the exclusive jurisdiction of the UPC before the UPC becomes operational could nevertheless start soon, i.e., in September 2017 at the earliest. In addition to the uncertainties generated by the Brexit vote,...

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21

Apr 2017

Before Suing, Know Thyself

By: Califf Cooper In Bayer Cropscience AG, et al. v. Dow Agrosciences LLC, the Federal Circuit recently affirmed a district court’s award of $5.9M in attorney’s fees under 35 U.S.C. § 285 finding the case qualified as an “exceptional case.” The underlying case concerned a license for Bayer’s soybean seeds that were genetically modified to resist weed killers.  Bayer initially licensed the soybean patents to...

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19

Apr 2017

Osha Liang Sponsors DCFemTech’s 3rd Annual Awards Celebration

See below for photos from the event. Osha Liang announced today that the firm is a proud sponsor of DCFemTech, the coalition of women leaders aimed at lowering the barriers to entry for women in tech by amplifying the efforts of women in tech organizations.  The annual event has recognized 48 women as recipients of their annual DCFemTech Awards. On May 18th, the organization and its...

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12

Apr 2017

Partner Jeff Langer to speak at several events in China in April 2017

Partner Jeffery Langer will be speaking in China at several upcoming events, including: United Nations Industrial Development Organization (UNIDO) Day Opening Ceremony and International Forum, under the theme of “Driving ‘Belt-and-Road’ Common Development Through Science & Technology Innovation and Capacity Cooperation.” Date: Friday, April 21st, 2017  |  9:00 am – 12:00 pm 时间:2017 年 4 月 21 日(周五)| 9:00 am – 12:00 pm Venue: Shanghai...

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01

Apr 2017

Osha Liang Sponsors 2017 AIPPI Baltic Conference in Latvia

Osha Liang sponsored the 12th AIPPI Baltic Conference in Latvia on April 11-13, 2017.  This international conference brought practitioners from different fields of practice areas of intellectual property together to share latest developments, successful application of best practices and current IP policies. Managing Partner, Jonathan Osha, moderated the panel, “Patents in a Changing World”.  This session provided the audience with the latest news about the Unitary Patent...

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31

Mar 2017

Medgraph v. Medtronic: Divided Infringement in the Limelight

By: A. Rusty Rogers In the wake of the Akamai Techs. Inc. v. Limelight Networks, Inc. family of decisions, the standard for finding divided infringement has become somewhat more favorable for patent holders in certain cases.  However, after protracted litigation amidst the shifting sands of divided infringement jurisprudence, Medgraph learned the hard way that establishing direct infringement between multiple actors first begins with the bedrock principle that a...

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31

Mar 2017

UPC: Confirmation that Opting Out is Planned to Start Sept. 2017

By: Francesca Giovannini The Unified Patent Court (UPC) Preparatory Committee met in The Hague on 15 March 2017 and confirmed that, as previously announced, opting out European patents and applications before the UPC becomes operational is scheduled to begin in September 2017. The UPC Preparatory Committee also confirmed that the planned entry into force of the UPC Agreement and operation of the Unified Patent Court...

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