News Room


12

Dec 2016

Osha Liang Silicon Valley Office Continues Growth with Arrival of IP Attorney David Pitinga

SILICON VALLEY  – Dec. 12, 2016 – Intellectual property law firm, Osha Liang LLP, adds further strength to its Silicon Valley roster with the addition of patent attorney, David Pitinga.  David has extensive experience handling patent prosecution matters for various technical areas including computer software and hardware, more specifically, artificial intelligence, search engines, recommender systems, massively multiplayer gaming, and blockchain applications. David is a patent attorney...

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30

Nov 2016

Addressing Patentable Subject Matter Rejections in an Ever-Changing Legal Landscape

By: Aly Dossa Over the last several months there has been a steady stream of decisions from the Court of Appeal for the Federal Circuit (CAFC) related to 35 USC § 101.  The notable decisions include BASCOM Global Internet Services v. AT&T Mobility LLC, 827 F.3d 1341 (Fed. Cir. 2016), McRO, Inc. dba Planet Blue v. Bandai Namco Games America Inc., 120 USPQ2d 1091 (Fed. Cir....

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29

Nov 2016

Covered Business Method (CBM) Update

By: Jeff Guinn A recent U.S. Court of Appeals for the Federal Circuit decision has attempted to clarify what is, and what is not, a Covered Business Method (“CBM”) under the America Invent Act’s (“AIA”) transitional review program for CBM patents.  See Unwired Planet, LLC v. Google Inc., Case No. 15-1966, (Fed. Cir. 2016).  Section 18 of the AIA establishes a program for reviewing the...

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29

Nov 2016

SAS Institute v. ComplementSoft LLC – Partial IPR Institution Is a Mixed Bag for Both Patent Owners and Patent Challengers

By: Tammy Dunn and Peter Schechter The Patent Trial and Appeal Board (PTAB) currently decides whether to review validity of patent claims challenged in petitions for inter partes review (IPR) on a claim-by-claim basis, often resulting in “partial institution” of the IPR trial proceedings.  While this practice has been criticized, it was most recently approved by the U.S. Court of Appeals for the Federal Circuit...

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29

Nov 2016

AWCPA Case Heading to the U.S. Supreme Court

By: Louis Bonham Over twenty five years ago, the U.S. Congress passed the Architectural Works Copyright Protection Act (the “AWCPA”), which extended copyright protection to building designs (“architectural works”).  The AWCPA was passed to bring U.S. law into compliance with its treaty obligations under the Berne Convention, which the United States joined in 1988.  (The Berne Convention requires member states to provide copyright protections for a...

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29

Nov 2016

U.S. Supreme Court Considers Copyright Protection for Designs Applied to Cheerleader Uniforms

By: John Montgomery Are Copyrights for Designs Applied to Cheerleader Uniforms Enforceable? Will the Fashion Industry Obtain Copyright Tools Effective to “Kill” the Knockoff Apparel Industry? Will The Supreme Court Establish or Endorse a Test for Determining Separability of Protectable Copyright Design from Otherwise Unprotectable Useful Articles? On November 1, 2016, the Supreme Court of the U.S. heard oral arguments in a case disputing the availability...

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23

Nov 2016

Ready For Your Next Trade Show? The TRO Trend Continues.

By: Tammy Dunn and Jeffery Langer Earlier this year Osha Liang partners Tammy Dunn and Jeffery Langer, Ph.D. wrote a Law360 Expert Analysis article (March 2016) noting an apparent developing trend in the U.S. District Court for the District of Nevada: granting temporary restraining orders against non-U.S. companies accused of patent infringement on the eve or at the beginning of trade shows where they planned to exhibit....

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11

Nov 2016

Texas Bar College Welcomes Partner Robert Lord

The Texas Bar College FOR IMMEDIATE RELEASE AUSTIN – The Texas Bar College congratulates Robert P. Lord on his membership in the College. With over 17 years of IP legal experience under his belt, Mr. Lord relies on a wealth of sound legal and business-savvy approaches to solving client’s IP issues.  Mr. Lord manages over 3,000 active matters for numerous medium-to-large companies, while still being intimately involved...

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04

Nov 2016

Osha Liang sponsors OPEN Houston Annual Business Pitch Competition

Osha Liang announced today the firm is a proud sponsor of OPEN Houston’s 7th Annual Business Pitch Competition on November 5, 2016 in Houston, Texas.  Details of the event can be found here: http://www.openhouston.org/annual-conference-2016/. The annual event is organized by OPEN Houston’s Charter Membership and Executive Committee.  The theme of this year’s event is “Opportunity of Adversity.”  OPEN Houston’s Annual Business Pitch Competition brings together...

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01

Nov 2016

Osha Liang receives 2017 U.S. News “Best Law Firms” Ranking

Osha Liang is proud to announce the firm has been ranked in the 2017 edition of “U.S. News and World Report – Best Lawyers®” list of Best Law Firms.  Osha Liang holds a tier one ranking in patent law in Houston. In addition to the firm`s inclusion, Managing Partner Jonathan Osha was recognized as 2017 “Best Lawyers in America” in patent law. The “Best Law Firms”...

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31

Oct 2016

Errors in Citation of Prior Art by USPTO Examiners

By: Jonathan P. Osha At the U.S. offices of Osha Liang, we have noted a significant increase in instances of USPTO Examiners rejecting claims on the basis of prior art that is not actually prior art as defined by 35 U.S.C. §102.  If not noticed by the applicant and pointed out to the Examiner in the next response, this error can lead to the introduction...

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31

Oct 2016

Trademarks: Madrid Update

By: Jonathan P. Osha Algeria, the last country that was a member of only the Madrid Agreement, acceded to the Madrid Protocol in October of 2015.  Thus, during the 50th session of the Madrid Union Assembly earlier this month, the decision was taken to bar any country in the future from acceding to the Agreement only.  Accordingly, from this time forward, a single set of...

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31

Oct 2016

China IPR Judgments and Decisions

By: Jude Yi and Jeffery P. Langer As China attaches more importance to Intellectual Property Rights (IPR) and IPR disputes continue to rise in frequency, the Chinese government hopes to enhance its judicial openness in the IPR respect.  In order to do so, in addition to the existing website China Judgments Online (http://wenshu.court.gov.cn/), the Supreme Court later added an IPR-focused website under its governance, China...

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28

Oct 2016

U.S. Supreme Court to Decide Whether Laches Applies in Patent Cases

By: David S. Forman A key principle of our U.S. legal system is that it is unfair to defendants for a plaintiff to launch a suit after too much time has passed, when evidence may be lost, memories have faded, and witnesses may have disappeared.  One mechanism to promote fairness is a statute of limitations, a rule that a defendant will not be held liable...

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27

Oct 2016

How Is The Newest USPTO Hybrid Pilot Program Any Different From The Other After-Final Options?

By: Seema Mehta and Robert Lord Introduction The Post-Prosecution Pilot (P3) Program is a recently announced pilot program at the USPTO that became effective on July 11, 2016, and was developed as part of the USPTO’s ongoing quality enhancement efforts during the period subsequent to final rejection and prior to the filing of a notice of appeal.   While the new program can most easily be described as...

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27

Oct 2016

European Litigation Series – Part 1: French Seizure of Evidence (saisie-contrefaçon)

By: Francesca Giovannini The most effective tool offered by the French IP litigation system to gather evidence of infringement of an IP right in force in France is the possibility of lodging a petition for search and seizure of evidence (saisie-contrefaçon). This procedure is extensively used before patent infringement actions and is authorized by the Presiding Judge of the Paris Court (Tribunal de Grande Instance, TGI)...

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27

Oct 2016

Brexit: An Update on Planned Legislative Reforms Affecting IP Rights

By: Francesca Giovannini British Prime Minister Theresa May stated on October 2, 2016 that the notification under Article 50 of the Lisbon Treaty, the formal mechanism for leaving the European Union (EU), will be sent by the end of March 2017 and announced a so-called Great Repeal Bill repealing the 1972 European Communities Act giving direct effect to all EU law. The Great Repeal Bill will...

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14

Oct 2016

AIPLA 2016 Annual Meeting

Osha Liang is sponsoring the 2016 American Intellectual Property Law Association (AIPLA) Annual Meeting.  The meeting will be held at the Marriott Wardman Park Hotel in Washington, DC from October 27-29, 2016. For more information and to register for the event, please click here.


06

Oct 2016

Emerging Risks and Opportunities – Recent Trade Show Seizures and Best Practices After Halo

Partner Jeffery Langer will be presenting on “Emerging Risks and Opportunities – Recent Trade Show Seizures and Best Practices after Halo” on the following dates: October 11, 2016 2:00-4:00 pm Zeda 12/F, 14/F Ruijing International, 198 Wuxing Rd., CBD Hangzhou, Zhejiang, P.R. China October 19, 2016 2:00-4:30 p.m. Taiwan South No. 12, Nanke 2nd Rd., Xinshi District Tainan City, Taiwan  


03

Oct 2016

Protecting and Monetizing Software Using Intellectual Property

Intellectual property rights include patents, industrial designs, trademark, trade secret, and copyright protection. While patent protection may be appropriate for some software products, other rights may also form a “fence” to prevent competitors from copying an invention. Successful companies trying to mitigate the risk of their consumer-critical features and products being copied by their competitors may need to take into account different balancing factors such...

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30

Sep 2016

The Patent-Agent Privilege: Progress Meets Continued Uncertainty

By: James Carlson Recently, a federal court in the United States recognized a patent-agent privilege in regard to communications between a non-attorney patent agent and the patent agent’s client.  While the ramifications of the patent-agent privilege are being felt by U.S. federal courts, a state court in Texas refused to extend the patent-agent privilege to emails in a contract dispute.  These contrasting outcomes illustrate the...

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30

Sep 2016

The Pitfalls of a Narrow Disclosure

By: Ko Nakamura How broad a claim will the disclosure support? Different jurisdictions apply different standards, but in general, answering this question will involve an analysis, in one way or another, of whether the disclosure is sufficient to disclose the invention to a person skilled in the art.  In the United States, this question comes in two flavors: whether the disclosure is sufficient to enable a...

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29

Sep 2016

Reform of the EPO Boards of Appeal and Potential Impacts on Applicants

By: Francesca Giovannini At the meeting of the Administrative Council last June, the European Patent Office (EPO)’s Member States adopted a proposal from the Office for reform of the Boards of Appeal. As a consequence, the reform came into effect on July 1, 2016. One of the declared aims of the reform is that of decreasing the backlog of cases, thus ensuring a timely delivery...

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29

Sep 2016

AIPPI 2016 World Congress takes place in Milan, Italy

By: Jonathan Osha, Peter Schechter, and Francesca Giovannini The AIPPI 2016 World Congress took place last week in Milan, Italy.  More than 2000 IP professionals from around the world were in attendance.  Osha Liang’s Jonathan Osha, Peter Schechter, and Francesca Giovannini provide this report on the event. The Congress commenced on Saturday with Study Committee Meetings on IP harmonization topics in Patents, Designs, Copyright, and Security...

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29

Sep 2016

The Analogous Art Test: A Natural Alternative to the Slippery Slope of Hindsight Bias

By: A. Rusty Rogers When cobbling together references to establish a prima facie case of obviousness, the Patent and Trademark Office (PTO) is under the burden to establish that the prior art selected also satisfies what is reasonable to assume that a skilled artisan would consult during the inventive process, also known as the “analogous art test.”  In a case involving use of molasses for de-icing...

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29

Sep 2016

Federal Circuit set to Review PTAB’s Amendment Process

By: Tammy Dunn and Monica Katthage Historically, the Patent Trial and Appeal Board (PTAB) has issued near blanket refusals to allow amendments to claims despite the fact that the inter partes review (IPR) statute of 35 U.S.C. § 316(d) expressly allows patent owners to move to do so.  This historical difficulty in amending claims during an IPR is a source of great frustration in post-grant practice...

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12

Sep 2016

Osha Liang Ranks on HBJ’s Largest Houston-Area IP Law Firms List

Osha Liang was ranked as the third largest intellectual property law firm in Houston by the Houston Business Journal.  Firms are ranked by the number of intellectual property lawyers in the Houston area.  Rankings were determined by the number of Houston-area lawyers who concentrate their practice in intellectual property law.  In order to qualify for the list, a lawyer must spend at least 75 percent of their...

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