Newsletter


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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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.


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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08

Mar 2016

Focus on Trademarks: Registration of Derogatory Terms

By: Keelin Hargadon In 2015, The Court of Appeals for the Federal Circuit ordered an en banc review of its own previous decision that the term “The Slants” is derogatory to persons of Asian descent, and therefore was properly denied registration in view of Section 2(a) of the Lanham Act. The resulting opinion, issued December 22, 2015, found the Lanham Act’s provision barring the registration...

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07

Mar 2016

The Hottest Product at Your Next Trade Show – A TRO

Partners Tammy Dunn and Jeffery Langer, Ph.D. discuss how trade show TROs can be powerful weapons for IP rights holders and threats to be reckoned with for accused infringers, suggesting that exhibitors on both sides of a burgeoning IP dispute would be wise to have counsel explore this potential remedy. A French adaptation of the article was also published in the francophone IP revue (RFPI).  European...

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03

Mar 2016

Deciding Whether To Opt Out of the Unified Patent Court

By: Francesca Giovannini Although the precise timing is still unknown, one possible timetable would have Europe’s Unified Patent Court (UPC) begin operations by mid-2017. If the UPC Agreement indeed enters into force within that period, then the so-called “provisional period” could start between the end of 2016 and early 2017. The provisional period is intended to allow, among other things, the start of the recording...

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