News Room


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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19

Apr 2017

Osha Liang Sponsors DCFemTech’s 3rd Annual Awards Celebration

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 members will host a reception at The...

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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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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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31

Mar 2017

U.S. Design Patents: the Under Utilized and Overlooked Patent

By: Connie Pielech U.S. design patents cover the ornamental design for an article of manufacture, namely, the way something looks.  Some examples include smartphones, shoewear, electronics, tires, and consumer goods.  The top organizations granted design patents in the last 10+ years include Samsung Electronics Co., Ltd., Nike, Inc., Sony Corporation, Microsoft Corporation, LG Electronics Inc., Proctor + Gamble Company, and Goodyear Tire + Rubber Company....

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31

Mar 2017

Why Does the U.S. Supreme Court Keep Reversing the Federal Circuit?

By: David Forman The ultimate court of appeal in U.S. patent law is the Supreme Court, but throughout most of its history the Court decided relatively few patent cases, none at all in some years.  That pattern continued after 1982, when all patent appeals were moved to a single appellate court, the United States Court of Appeals for the Federal Circuit.  But then, in 2005, the...

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31

Mar 2017

U.S. Supreme Court Rules Copyright Protection is Available for Designs Applied to Cheerleader Uniforms

By: John Montgomery On March 22, 2017, the Supreme Court ruled in a 6 to 2 decision that surface decorations incorporated into cheerleader uniforms could be protected by copyright.* The opinion of the Court provides a two-part test for determining whether protectable design features are separable from a useful article to which they are applied, so that they are protectable under the Copyright Act, §101. ...

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31

Mar 2017

SIPO Approved the Amendments of the Guidelines for Chinese Patent Examination

By: Han-Mei Tso and Jude Yi The patent office of China, the State Intellectual Property Office (“SIPO”), has approved the Amendments of the Guidelines for Patent Examination (“Guidelines”) on March 1, 2017. The Amendments cover subject matter relating to protection of business models and computer programs, supplementary experimental data, claim amendments in invalidation proceedings, patent examination information disclosure, as well as suspension procedure which will...

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31

Mar 2017

More Ammunition Against an Examiner’s Improper Anticipation Rejection

By: Seema Mehta The U.S. Federal Circuit recently issued an opinion (Nidec Motor Corp. v. Zhongshan Broad Ocean Motor) on a straight-forward anticipation issue, with some good quotes for use in prosecution practice.  In this case, appealed from a Patent Trials and Appeals Board (PTAB) decision in an Inter Partes review (IPR) proceeding, the Federal Circuit reversed the Board’s finding of anticipation of claim 21...

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30

Mar 2017

Beijing IP Court Issued Decision Based on SEP Infringement

By: Ken Yu and Han-Mei Tso On March 22, 2017, the Beijing IP Court (the “Court”) issued its first instance judgment on Xi’an China IWNcomm Co., Ltd. (IWNcomm) v. Sony Mobile Communications (China) Co. Ltd. (Sony).  The Court held that Sony has infringed IWNComm’s Utility Patent No. ZL02139508.X which involves a Standard Essential Patent (SEP) in connection with WLAN Authentication and Privacy Infrastructure (WAPI).  The...

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28

Mar 2017

WIPO Reports Record High Number of Cybersquatting Cases in 2016

By: Keelin Hargadon According to a recent WIPO press release, the number of UDRP (Uniform Domain Name Dispute Resolution Policy) cases filed in 2016 was higher than any other year.   Successful UDRP proceedings help rightful trademark owners resolve cybersquatting issues.  WIPO cites the release of over 1,200 new generic Top-Level Domains (gTLDs) as a driving cause for the uptick in filings, with .xyz, .top and .club...

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23

Mar 2017

Comp-U-Dopt 7th Annual Clay Shoot

Osha Liang is sponsoring Comp-U-Dopt’s7th Annual Sporting Clay Shoot on April 7, 2017 at Blackwood Gun Club in Conroe, Texas.  The event includes 100 clays in a beautiful backwoods setting complete with BBQ lunch and raffle prizes. For more details, please visit Comp-U-Dopt’s website.


20

Mar 2017

The 6th China Intellectual Property Symposium

Jonathan Osha is presenting at the 6th China Intellectual Property Symposium in Hangzhou, China on April 1, 2017.  The symposium will focus on the latest developments in Chinese intellectual property and global trends.  John’s presentation will focus on “Patents on Computer Implemented Inventions: the U.S. perspective.” For more information, please visit the event website.


15

Mar 2017

Curious about a career as a patent professional? Tired of coding or bored in a dead end hi-tech job?

Osha Liang invites computer scientists, computer engineers, and high level developers to an open house to learn how to become a patent agent, and then attorney.  Amazingly, the firm pays you for this patent agent training!  And, if you choose to do so, you could qualify to receive tuition assistance to attend law school. Mr. Robert Lord, Managing Partner of Osha Liang’s Silicon Valley office,...

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10

Mar 2017

Copyright Issues Related to Architecture and Construction

Managing Partner, Jonathan Osha, will be presenting on a panel to the Polish, German, French Groups of AIPPI on March 17, 2017 in Warsaw, Poland at the famous Hotel Bristol.  The panel topic will cover “Copyright Issues Related to Architecture and Construction”. For more information, please visit the event website.


08

Mar 2017

Osha Liang Attorneys Recognized as 2017 Texas Super Lawyers Rising Stars

Houston, TX — International intellectual property law firm Osha Liang LLP is pleased to announce that two attorneys from the Houston office were selected for inclusion in Texas Rising Stars® 2017 by Thomson Reuters. Osha Liang lawyers on the Texas Rising Stars® 2017 list include: Carlyn A. Burton – Intellectual Property Monica M. Katthage – Intellectual Property Litigation The Texas Rising Stars represent the top 2.5 percent of Texas attorneys who...

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04

Mar 2017

Engineering Intellectual Property

Partner Tammy Dunn is presenting to the American Society of Mechanical Engineers (ASME) South Texas – Houston Section on March 23, 2017.  Her presentation “Engineering Intellectual Property” will take place at the Forest Club (9950 Memorial Drive, Houston, TX) starting at 5:30 PM, followed by dinner at 7:15 PM. Brief Synopsis: Intellectual property (IP) protection is absolutely critical for protecting a company’s proprietary designs, processes,...

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02

Mar 2017

“Alice” Motion to Dismiss Complaint Denied in Credit Card Personalization Suit

March 2, 2017 —  A Colorado federal judge today rejected an attempt to invalidate Osha Liang client Gemalto SA’s patent on improved smart card personalization systems.  After Gemalto sued CPI Card Group for infringement last year, CPI sought to dismiss the case under 35 U.S.C. § 101 based on its argument that the Gemalto patent claimed only unpatentable abstract ideas and was therefore invalid under...

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27

Feb 2017

Silence Not Golden with Provisional Application, CAFC says

By: John Montgomery and David Madio Introduction The United States Court of Appeals for the Federal Circuit (CAFC) provides guidance on when a provisional application can be used in patent claim construction.  The split decision highlights the importance of the specification and the relevance of a provisional application in claim construction and subsequent determination of the validity of the claims.  The different views might be beneficially...

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27

Feb 2017

Petty Patents Around the World

By: Francesca Giovannini, Shinya Kimura, Han-Mei Tso and Jude Yi Utility models are intellectual property (IP) rights also known in some countries as utility innovations, utility certificates, short-term patents or petty patents. Independently from the specific wording used, a utility model is an exclusive IP right granted in some countries for a technical innovation, generally relating to a product or a device, for a limited period...

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27

Feb 2017

Influential U.S. Federal Court Revises Patent Local Rules

By: Monica Katthage An influential U.S. federal court has revised its Patent Local Rules.  The revised rules in the Northern District of California (covering courts in San Francisco, San Jose, Oakland, and Eureka) require early disclosure of financial information and contentions relating to damages by both the patent owner and the accused infringer.  The revised rules apply to all currently pending patent cases.  Both parties, and...

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27

Feb 2017

Use of “consisting of” Creates a Strong Presumption that is Difficult to Overcome

By: Anthony Amert In an appeal of a district court ruling on a patent infringement suit, the U.S. Federal Circuit in Shire v. Watson reminded patentees that claim language can create presumptions regarding claim scope that impact the boundaries of the claimed subject matter that are difficult to overcome and may preclude a finding of infringement. In the litigation, Shire Development, LLC sued Watson Pharmaceuticals,...

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26

Feb 2017

Case C-395/16, DOCERAM – When are Designs “Solely Dictated” by Function?

By: Pascale Brochard Design(s) behind the product are known as a very efficient way for a company to stop a competitor from selling a similar product, even in high tech products (remember Apple’s tablet designs?). Registered Community designs are unitary rights that have equal effect across the European Union; they are ruled by EU’s designs Regulation (EC) No 6/2002.  According to the Regulation, designs that...

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25

Feb 2017

New Validation Agreement Between European Patent Organisation and Cambodia

By: Francesca Giovannini After the validation agreements signed with Morocco, the Republic of Moldova and Tunisia, on January 23, 2017 the European Patent Organisation, the intergovernmental organisation of which the European Patent Office (EPO) is the executive body, has signed its fourth validation agreement with a non-member state, Cambodia. This is the first validation agreement recognising European patents on the territory of an Asian country. According...

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24

Feb 2017

Can a Research Plan Invoke Derivation Under 35 U.S.C. § 102(f)?

By: Yuichi Watanabe and Xue “Sherrie” Holdman On January 26, 2017, the Court of Appeals for the Federal Circuit rendered a decision on the uncommon issue of derivation in Cumberland Pharms. Inc. v. Mylan Institutional LLC.[1]  Derivation is a legal concept that ensures that a patent is not issued to someone who is not the true inventor. Prior to the America Invents Act (AIA), derivation...

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15

Feb 2017

Osha Liang Named Top Silicon Valley IP Litigation Law Firm

Osha Liang’s Sillicon Valley office has been named by JD Journal as a “Top IP Litigation Law Firm.”  As noted by the publication, Osha Liang “has international and national clients who benefit from their unique Patent Agent program which recruits attorneys fresh out of the tech industry or who have some kind of technology-focused higher education.” To read the full article, click here.



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