Search Results for: Thomas Scherer


Oct 2019

Patent Term Adjustment (PTA) Update: Federal Circuit Clarifies PTA Calculations in After-Final Practice

By Thomas Scherer 繁體中文 In mid-September 2019, the Court of Appeals for the Federal Circuit (CAFC) decided an appeal related to the calculation of Patent Term Adjustment (PTA) in a case involving after-final practice.  After-final practice governs a patent applicant’s options for continued prosecution upon receipt of a final Office Action.  Before a final Office Action issues, a patent applicant has wide freedom to argue…

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Sep 2017

AFCP 2.0 and QPIDS Pilot Programs Extended Until Sept. 30, 2018

By: Thomas Scherer The After-Final Consideration Pilot 2.0 (AFCP 2.0) and Quick Path IDS (QPIDS) pilot programs have been extended to Sept. 30, 2018.  These programs facilitate efficient and expedited examination. The AFCP 2.0 program allocates additional time to Examiners for the consideration of non-broadening amendments made after the issuance of a final office action.  If the Examiner is able to confirm allowability of an…

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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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Apr 2015

Beacon Power LLC Defeats Twin America Invents Act Validity Challenges to Patent

HOUSTON, April 29, 2015 /PRNewswire/ — Osha Liang LLP’s client Beacon Power LLC has defeated twin America Invents Act validity challenges to its U.S. Patent 8,008,804 covering the use of Flywheel Energy Storage Systems (FESS) for regulating the frequency of the electric power grid. In late 2014, Temporal Power Ltd., a competitor in the emerging market for FESS applications, filed two petitions for Inter Partes…

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