News Room


18

Mar 2020

Our Commitment to Providing Uninterrupted Service

We would like to inform you that all of our offices remain open and are actively working. In response to developments with COVID-19, Osha Liang has taken proactive measures to protect the health and well-being of our team, our clients, and the community at large. Our Hangzhou office colleagues started working remotely in January while colleagues at our Paris office have been working remotely since...

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10

Mar 2020

2020 Rising Star

Congratulations to Osha Liang Partner Carlyn Burton on being selected to the Super Lawyers 2020 Texas Rising Stars List. “Being selected to Rising Stars is limited to a small number of attorneys in each state. As one of the few attorneys to garner the distinction of Rising Stars, Carlyn Burton has earned the respect of peers as one of the top-rated attorneys in the nation.”...

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28

Feb 2020

U.S. Patent Will Expire 44 Years After Earliest Effective Filing Date Due to U.S. Army Secrecy Order

By Nelson Monterrosa 繁體中文 The U.S. Government uses secrecy orders to protect national security by preventing certain patent applications from being published, granted, or otherwise available to the public.  However, at least 21 companies have been sued for alleged infringement of a pre-TRIPs U.S. patent for which grant was delayed by 27 years due to a secrecy order.  In what one hopes is an extraordinarily...

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28

Feb 2020

Outbreak of Coronavirus: Impact on proceedings before the European Patent Office and the EPC member states

By Francesca Giovannini 繁體中文 As of today, February 28, no specific information relating to the worldwide outbreak of the Coronavirus has been issued by the European Patent Office (EPO). Nevertheless and because of this, while expressing solidarity with all people involved and wishing all our readers health, we would like to remind applicants, proprietors and opponents of European patents that some law provisions on time...

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28

Feb 2020

USPTO No Longer Accepting Requests to Participate in the IP5 PCT Collaborative Search and Examination Pilot Program

By Peter Schechter On January 3, 2020, the United States Patent and Trademark Office (USPTO) announced that it has reached the total number of applications that can be accepted for the IP5 Offices’ Patent Cooperation Treaty (PCT) Collaborative Search and Examination (CS&E) pilot program.  Each IP5 Office has set a target of accepting 100 PCT applications over the course of the two-year pilot program, and...

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28

Feb 2020

Enforcing Patents The Amazon Way

By Tammy Dunn and Lisa Margonis 繁體中文 For years, patent owners have struggled with what to do about infringers on Amazon and other online marketplaces.  The traditional answer has been to get an order from a court or other tribunal that has determined infringement and to present a copy of that order to the online marketplace.  For many, however, engaging in expensive protracted litigation in...

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28

Feb 2020

The Impact of Brexit on Patents in Europe

By Dr. Bertrand Clair 繁體中文 Shortly after the historic Brexit referendum on June 26, 2016, Theresa May, the Prime Minister at the time, said “Brexit means Brexit”. As of January 31, 2020, at midnight, the United Kingdom left the European Union (EU). What does Brexit mean for Patents in Europe? A withdrawal agreement has been concluded between the UK and the EU, setting a transition...

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25

Feb 2020

Osha Liang Sponsors First in Texas Tech Challenge Event

Osha Liang was pleased to join a number of corporate sponsors in supporting the ‘Girls Are First In Texas Luncheon’ hosted at the 2020 First Tech Challenge Central Texas Regional Championship held in New Braunfels, Texas. Osha Liang Patent Agent, Dr. Michael Maldei, coaches the all-girl robotics group ‘Club Oreo’ which is comprised of middle-school students. They are regular participants at local competitions and events....

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11

Feb 2020

Osha Liang Sponsors Compudopt’s ‘Women in Tech’ Event

On February 8th, non-profit Compudopt hosted their first ever ‘Women in Tech’ forum at their Houston headquarters. The event was attended by local students and a number of professional women who volunteered to assist. Students were able to participate in one-on-one discussions with mentors and enjoyed hands-on activities including a live demonstration of medical devices by Boston Scientific, and a visit to Compudopt’s refurb lab...

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06

Feb 2020

Women in IP: A Look Into Diversity & Inventorship

  On February 6th, Osha Liang Partner Carlyn Burton joined fellow panelists, Katherine Franco (partner at Blank Rome), Lydia Evans (owner of SW&G Essentials),  and moderator, Hope Shimabuku (Regional Director of Texas Regional USPTO) for a presentation on, “Women in IP Law: A Look into Diversity & Inventorship.” This was just one session of a 3-day event (33rd Annual Course: Advanced Intellectual Property Law) hosted...

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05

Feb 2020

Texas State Bar Hosting 33rd Annual Course on Advanced Intellectual Property Law.

Osha Liang Partner Carlyn Burton joins panelists, Katherine Franco (Blank Rome) and Lydia Evans (SW&G Essentials) for their presentation titled, “Women in IP Law: A Look into Diversity & Inventorship.” Ms. Burton looks forward to addressing how companies can move the needle in the number of woman inventing in the United States. Course Director Hope C. Shimabuku, (Regional Director Texas Regional USPTO) will moderate the...

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04

Feb 2020

Changes in the Guidelines for Examination

The European Patent Office (EPO) has recently published the annual update of its Guidelines of Examination (hereinafter “EPO update”), which will come into force on November 1st, 2018.  In particular, the EPO update includes changes to unity of invention requirements and the patentability of mathematical methods. Changes to Unity of invention Requirements: Under the European Patent Convention (EPC), a European patent application must relate to...

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31

Jan 2020

The New Year Gift from CNIPA: Amendments to Patent Examination Guidelines

By Han-Mei Tso 繁體中文 The China National Intellectual Property Administration (CNIPA) on the very last day of 2019 sent out to the IP community its new year gift – an official announcement of amendments to the Patent Examination Guidelines (hereinafter the “Guidelines”) to be effective as of February 1, 2020.  The amendments were announced only a few months after the CNIPA previously published extensive amendments...

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31

Jan 2020

Petition Denied: The United States Supreme Court Refuses to Reconsider Patent Eligibility Jurisprudence

By James Carlson On January 13, 2020, the Supreme Court of the United States denied certiorari in three pending cases:  Athena Diagnostics, Inc. v. Mayo Collaborative (19-430) (hereinafter “Athena”), HP Inc. v. Berkheimer (18-415) (hereinafter “Berkheimer”), and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. (18-817) (hereinafter “Hikma Pharmas”).  Afterwards, the Supreme Court again denied similar petitions on January 27, 2020, in Trading Technologies Int’l. v. IBG...

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31

Jan 2020

Software Specially Designed To Automate the Analysis of Geospatial Imagery Added to U.S. Export Control List

By Anna C. Domask, Ph.D. 繁體中文 On January 6, 2020, the U.S. Department of Commerce announced an interim final rule pertaining to “software specially designed to automate the analysis of geospatial imagery.”  Software falls under this regulation when it: 1) “provides a graphical user interface” where a user indicates “positive and negative samples of an object of interest, 2) uses “scale, color, and rotational normalization...

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27

Jan 2020

From Petroleum to Patents

By David Madio, Ph.D. 繁體中文 One unanticipated thing I’ve learned is that careers often go in directions one would have never imagined.  I’m glad to report, however, that the unexpected path has been filled with more enjoyment than I ever could have dreamed.  And none of the steps have ultimately been wasted, each one making a subsequent one possible. Briefly, my career path began with...

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14

Jan 2020

Introducing our new Managing Partner: Jeffrey Bergman

繁體中文 Osha Liang is pleased to announce the election of Jeffrey Bergman as the new Managing Partner of Osha Liang LLP, effective immediately. Jeffrey Bergman joined the firm in 1999 as a recent graduate from the Master’s program in Chemistry at Cornell University.  He participated in the firm’s Patent Agent Training Program, and thereafter attended law school at night while working full-time as an agent. ...

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07

Jan 2020

In AIA Validity Challenges, Patents Are Better Prior Art Than Printed Publications

By Peter Schechter Anyone other than the Patent Owner may request cancellation as unpatentable one or more claims of a U.S. patent in an Inter Partes Review proceeding.  The America Invents Act, in 35 U.S.C. Section 311(b), provides that an IPR Petitioner may challenge patentability “only on a ground that could be raised under section [35 U.S.C Section] 102 (anticipation) or 103 (obviousness) and only...

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03

Jan 2020

Are State Legal Texts with Annotations Copyrightable? The U.S. Supreme Court to Decide in Georgia v. Public.Resource.Org

By Califf Cooper 繁體中文 The Supreme Court recently heard oral arguments to decide whether Georgia’s annotated version of the Georgia legal code is protected by copyright.  The case stems from Public.Resource.Org publishing the full annotated version of the code online and Georgia’s subsequent case for copyright infringement. The State of Georgia contracted with LexisNexis to produce and publish the annotated version of the state’s legal...

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10

Dec 2019

USPTO’s Administrative Patent Judges Not Constitutionally Appointed

By David Forman The Appointments Clause of the U.S. Constitution governs the appointment of “Officers of the United States.”  U.S. Const. art. II, §2, cl. 2 provides: [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments...

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10

Dec 2019

Trademark Infringement Findings in ITC Investigations Without Actual Confusion or Consumer Survey Evidence

By Tammy Dunn 繁體中文 Over the past few years, Segway, Inc., the maker of two-wheeled motorized personal vehicles (as seen in U.S. Patent No. 8,830,048) has successfully litigated against competitors that were infringing its patents. In March 2016, Segway won the rare remedy of a General Exclusion Order (GEO), issued by the International Trade Commission after an investigation concluded in findings that several companies were...

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10

Dec 2019

With Billions of Dollars On the Line, The Supreme Court Will Weigh in On Oracle v. Google Copyright Java Case

By Califf Cooper 繁體中文 The Supreme Court recently granted a writ of certiorari to rule on the nearly decade long fight between Google and Oracle regarding the copyright infringement lawsuit centered on Google’s Android operating system being built on stolen code from the Java software platform.  Google calls the case, “the copyright case of the decade.”  The dispute revolves around Google’s verbatim copying of 11,500...

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11

Nov 2019

CNIPA Announced Amendments to Patent Examination Guidelines

By Han-Mei Tso and Jude Yi 繁體中文 The China National Intellectual Property Administration (“CNIPA”) recently announced the amendments to the Patent Examination Guidelines (“Guidelines”). The amendments took effect on November 1, 2019, which were the official amendments to the Guidelines after the CNIPA published its Draft Amendments to the Patent Examination Guidelines (Draft for Comment) (“Proposed Amendments”) in April this year. The official amendments are...

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08

Nov 2019

New Rules of Procedure of the Boards of Appeal of the European Patent Office

By Francesca Giovannini 繁體中文 The New Rules of Procedure of the Boards of Appeal (RPBA) of the European Patent Office (EPO), which will enter into force on January 1, 2020, will apply to all pending appeals – with a few exceptions – and to all new appeals filed after that day.  Among the exceptions, the new provisions relating to the admissibility of amendments of a...

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08

Nov 2019

The Marrakesh Treaty Aims to Reduce the “Global Book Famine”

By Peter Schechter 繁體中文 The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, simply known as the Marrakesh Treaty, makes the production and international transfer of specially-adapted books for people with blindness or visual impairments easier.  The purpose of the Treaty is to address and reduce a “global book famine.”  Countries that join the...

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08

Nov 2019

Claim Language Can Limit Scope of Design Patent When No Specific Article of Manufacture is Shown in Figures

By Keelin Hargadon 繁體中文 In Curver Luxembourg, SARL v. Home Expressions Inc., No. 2018-2214 (Fed. Cir. Sep. 12, 2019), the United States Court of Appeals for the Federal Circuit (hereinafter “Federal Circuit”) held claim language can limit the scope of a design patent to a specific article of manufacture when the claim supplies the only mention of the actual article of manufacture and no article...

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08

Nov 2019

USPTO Updates: Changes to Examination Procedures for Subject Matter Eligibility

By James Carlson 繁體中文 On October 17, 2019, the USPTO issued an update regarding the 2019 Revised Patent Subject Matter Eligibility Guidance published this past January.  In particular, the USPTO considered feedback in response to the January guidance and prepared a follow-up that clarifies the USPTO’s examination procedures accordingly.  In particular, this new update consists of the following: (1) an October 2019 Patent Eligibility Guidance...

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