News Room


10

Aug 2016

LexisNexis U.S. Patent Litigation Seminar

Osha Liang Associate Han-Mei Tso will be speaking at Lexis Nexis’ U.S. Patent Litigation and Practice Seminar on August 12, 2016 in Shanghai, China.  Her topic will focus on “Reexaminations in the U.S.: Tactics and Strategy.” For more information and to register for the event, please click here. 【Date】:August 12, 2016 【Time】:1:30-4:30 PM 【Location】:Mingde Ting, 2nd Floor, Building 31 A , 319 Yueyang Road, Shanghai,...

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04

Aug 2016

St. Joseph of Cupertino Carnival Sponsorship

Osha Liang is a proud sponsor of the St. Joseph of Cupertino 13th Annual Cupertino Carnival on September 9-11, 2016.  100% of St. Joseph Carnival profit dollars go toward continuing education in the areas of mathematical sciences, foreign language, language arts development, social sciences, and other key development staples that help the St. Joseph of Cupertino students become productive future leaders and members of our...

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26

Jul 2016

Impact of Brexit on Pan European Design and Trademark Rights

By: Jeffery P. Langer, Aly Dossa, Christophe Besnard In last month’s newsletter, we discussed the effect of Brexit on patent rights (read article here).  As discussed there, other than increased uncertainty as to when and how the Unified Patent Court (UPC) will be implemented, Brexit will not generally disturb the application process for European patent protection.  Applicants will continue to be able to seek central examination...

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25

Jul 2016

Osha Liang Files Amicus Brief for Design Basics, LLC

By: Louis K. Bonham On July 15, 2016, Osha Liang Of Counsel, Louis K. Bonham, filed an amicus curiae brief in the United States Court of Appeals for the Eleventh Circuit.  This brief is in support of the appellant’s petition for rehearing en banc in Home Design Services, Inc. v. Turner Heritage Homes, Inc., et al., and was filed on behalf of Osha Liang client Design...

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25

Jul 2016

Opposition Proceedings Before the European Patent Office: A New, Streamlined Procedure

By: Francesca Giovannini The European Patent Office (EPO) has revised the workflow of opposition proceedings with the general aim of providing early certainty from opposition. More particularly, the goal of the revised workflow, which came into effect on July 1, 2016, is to reduce the total time needed for a first-instance decision in “straightforward cases” to 15 months starting from expiry of the nine month opposition period. According...

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25

Jul 2016

USPTO Post-Prosecution Pilot Program

By: Kelly C. McKinney On July 11, 2016, the U.S. Patent and Trademark Office (USPTO) launched a Post-Prosecution Pilot Program (“P3”) in further advancement of its Enhanced Patent Quality Initiative for improving patent quality.  P3 is an addition to the after-final practice landscape, which also includes the Pre-Appeal Brief Conference Pilot Program (“Pre-Appeal program”) and the After Final Consideration Pilot Program 2.0 (“AFCP 2.0”).  Indeed, P3...

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25

Jul 2016

Recent CAFC Decision Clarifies the “On-Sale” Bar

By: David S. Forman, Ph.D. Patent applicants and owners have sometimes been surprised to find their patent endangered by prior art that is not a publication or patent.  One such type of invalidating prior art, often characterized as a “trap for the unwary,” is an “on-sale bar.”  There are actually two forms of the on-sale bar, depending whether the patent application has an effective filing date before...

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25

Jul 2016

2016 Japan Patent Office Annual Statistics Report

By: Shinya Kimura On June 30, 2016, the Japan Patent Office (JPO) released the JPO Annual Report 2016.*  The annual report provides a comprehensive compilation of statistics on Japanese intellectual property (IP) rights, and introduces the JPO’s initiatives to improve the IP system in Japan.  The report also includes statistics on patent filings at the five largest IP offices known as IP5, which consists of the...

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05

Jul 2016

Osha Liang Files Amicus Brief for Biotechnology Innovation Organization

By: Dr. David S. Forman Osha Liang Senior Counsel, Dr. David Forman, has filed an amicus brief for the Biotechnology Innovation Organization (BIO) at the U.S. Court of Appeals for the Federal Circuit in the appeal of Eli Lilly and Company v. Teva Parenteral Medicines, Inc. et al, the first case in which the Federal Circuit will apply its new rule governing divided infringement.  The...

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29

Jun 2016

U.S. Supreme Court Weighs in on Claim Construction and on Appeals of USPTO Decisions to Institute Inter Partes Reviews

By: Jonathan P. Osha On Monday, June 20, 2016, the U.S. Supreme Court issued its decision in Cuozzo Speed Technologies v. Michelle Lee (“Cuozzo”).  In this important decision, the Court considered two aspects of the recently enacted law (the Leahy-Smith America Invents Act, or “AIA”) that created the “inter partes review” and “post grant review” processes at the U.S. Patent and Trademark Office (USPTO).  The first...

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29

Jun 2016

Quick Look: The First Application of the New Defend Trade Secrets Act

By: Jonathan P. Osha In the May 2016 edition of the Osha Liang Newsletter, we introduced the new Federal trade secret law, the Defend Trade Secrets Act (“DTSA”) (see article here).  The DTSA provides a Federal, civil cause of action for theft of trade secrets, and provides remedies both in the form of injunctions and damages.  Now, a District Court in California has issued one of...

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29

Jun 2016

Quick Look: U.S. Supreme Court to Review Question of Extra-Territorial Infringement

By: Jonathan P. Osha On June 27, 2016, the Supreme Court granted review of the Federal Circuit’s decision in Life Technologies Corp. V. Promega Corp. relating to infringement under 35 U.S.C. §271(f)(1).  The Federal Circuit had found Life Technologies to be liable for patent infringement for worldwide sales of a multi-component kit, even though only a single component of that kit was manufactured in and supplied...

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29

Jun 2016

Brexit: Consequences on Patent Prosecution in Europe

By: Francesca Giovannini The UK’s decision of leaving the European Union has shocked global markets and unleashed uncertainty. Although this decision is likely to impact the date at which Europe’s Unified Patent Court (UPC) can begin operations, the current routes available to applicants for obtaining patent protection in Europe are unchanged. Multinational patent protection in Europe may still be obtained by filing European patent applications and...

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21

Jun 2016

Partner Tammy Terry Quoted in Law360 Article on High Court’s PTAB Claim Construction Ruling

Partner Tammy Terry was quoted in the Law360 article “Attorneys React to High Court’s PTAB Claim Construction Ruling.” The U.S. Supreme Court decided on Monday, June 20, 2016 in Cuozzo Speed Technologies LLC v. Lee that the Patent Trial and Appeal Board can continue to use a claim construction standard to review patents in America Invents Act reviews that is different from the one used in...

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14

Jun 2016

Peter Schechter Quoted in Law360 Article on Patent Damages Ruling

Partner Peter Schechter was quoted in the Law360 article “Attorneys React to High Court’s Patent Damages Ruling.” The U.S. Supreme Court decided on Monday, June 13, 2016 to discard the Federal Circuit’s strict test for awarding enhanced damages in patent cases, finding that the circuit’s high bar for patent owners was not justified under the Patent Act.  In the article, attorney’s tell Law360 why the decision is...

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10

Jun 2016

US Bar/JPO Liaison Council Meeting

Date: June 10, 2016 Location: Seattle, Washington Event Description:  US Bar/Japan Patent Office (JPO) Liaison Council Meeting On June 10, 2016, the US Bar/JPO Liaison Council delegates met with JPO Commissioner Ito, Director Nonaka and other members of the JPO leadership in Seattle.  The meeting was graciously hosted by Amazon, and presented a unique opportunity for face-to-face discussions with JPO leadership on issues of IP law, IP practice, and...

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09

Jun 2016

7 Tips for Writing an Effective Amicus Brief

By: David S. Forman, Ph.D. A nagging doubt haunts those who file amicus briefs: Once the brief enters the black hole of the appellate court, will its arguments receive serious consideration? Indeed, will anyone even read the brief?  Senior Counsel, David S. Forman, Ph.D., presents seven tips for writing an effective amicus brief. To read the full article published by Law360, click here.


09

Jun 2016

China, US and Europe Patent Litigation Seminar

Date: June 20, 2016 Time: 13:45-17:00 Location: Salon Flaubert, 3/F, Sofitel Guangzhou Sunrich, No. 988 Guangzhou DA Dao Zhong, Tianhe District, China Event Type: Speaking Engagement Event Description:  China, US and Europe Patent Litigation Patent litigation is becoming a frequent weapon of excluding the competitors off the market in China, as well as in the U.S.  Osha Liang Partner Jeff Bergman will be co-presenting at the American Chamber of Commerce in...

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20

May 2016

Retirement Congratulations to Dr. Chyau Liang

Dr. Chyau Liang, named partner of Osha Liang LLP, will be retiring from the firm this month after a long and distinguished career as a scientist, a professor, and an intellectual property attorney. Dr. Liang received his bachelor’s degree in pharmaceutical sciences from National Taiwan University in 1977.  After a couple years of working as a pharmacist in Taiwan, he moved to the United States...

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20

May 2016

EU Trade Secrets Directive Approved

By: Christophe Besnard The European Parliament voted on last April 14, 2016 in favor of the EU Trade Secrets Directive. The Council of the European Union (EU) should now approve the Parliament’s position and the Directive be adopted in its current wording. The EU Member States would then have 24 months to adapt their national laws to the objectives of the Directive. The Directive aims to ensure that...

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20

May 2016

News Flash: New Federal Trade Secrets Act in the United States

By: Jonathan P. Osha President Obama signed the Defend Trade Secrets Act (“DTSA”) into law on May 11, 2016.  The DTSA for the first time provides a private cause of action for trade secret misappropriation at the federal level.  Previously, prosecution of trade secret theft at the federal level was limited to criminal actions brought by the federal government.  Private actions for trade secret theft were...

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20

May 2016

Intellectual Property Protection of 3D Printed Medical Implants

By: David S. Forman Senior Counsel, David S. Forman, Ph.D., discusses how 3D printing is revolutionizing manufacturing in ways that will change our economy and lives.  For example, few realize that almost all in-ear hearing aids are now made by 3-D printing, with more than 10,000,000 pairs sold.  3D printing raises unique intellectual property issues.  For example, 3D printers eliminate barriers to entry in manufacturing because they enable...

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16

May 2016

Osha Liang Ranked Among Top 100 U.S. Firms for Minority Attorneys

Law360 recently released its inaugural results of the “Top 100 Firms for Minority Attorneys” survey and Osha Liang ranked 23rd on the top 100 list of U.S. law firms that were ranked.   This ranking, based on each firm’s minority representation at both the partner and non-partner levels, illustrates Osha Liang’s commitment to multiculturalism, diversity and inclusion. According to Law360’s 2016 Diversity Snapshot of the U.S. law firms surveyed by Law360, less than...

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20

Apr 2016

IP High Court in Japan | IP Division of the Tokyo District Court

Date: April 20, 2016 Location: Tokyo, Japan Event Type: Speaking Engagement Event Description:  Presentation to the IP High Court in Japan and the IP Division of the Tokyo District Court On April 20, 2016, Partner, Yuichi Watanabe, presented to the judges of the Intellectual Property (IP) High Court in Japan and the IP Division of the Tokyo District Court as a delegate of the American Intellectual Property...

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02

Apr 2016

C3: MedTech16 Conference (Create. Connect. Commercialize)

Date: Tuesday, April 12, 2016 Time:  8:00 am – 6:00 pm Location: Osha Liang Houston Office 909 Fannin, Suite 3500 Houston, TX 77010 Event Description:  Join us for a unique full-day conference aimed at connecting entrepreneurs, start-ups, investors, and industry leaders all in one place.  Tap into a strong support network, form meaningful connections and gain inspiration for the start-up journey ahead.  If your start-up is...

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23

Mar 2016

32nd Annual Joint Patent Practice Seminar

Date: April 21, 2016 Time: 2:55 – 3:05 pm EDT Location: New York Marriott Marquis, 1535 Broadway, New York, NY 10036 Event Type: Speaking Engagement Event Description:  32nd Annual Joint Patent Practice Seminar Partner Peter C. Schechter will be presenting on “Patent Licensors Beware: A No challenge Clause Does Not Bar Challenge Before the PTAB”.  For more information, please visit www.jppcle.org/2016-program/ or contact Takiya Meniel by email:...

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18

Mar 2016

Taiwan Seminars

Date: Tuesday, March 22, 2016 Time: 1:30 -4:30 pm Location: Nankang Software Park, Building A, 2nd floor, Taiwan Event Type: Speaking Engagement Event Description: Partners Jeffery P. Langer Ph.D., Jeff Bergman, and Chyau Liang, Ph.D. will be presenting on the following topics. How to work effectively with outside counsel to get an invention converted into an application (Presented by Partner Jeffery P. Langer, Ph.D.) Indefiniteness under 35...

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