News Room


11

Oct 2017

Hangzhou Seminar: The Latest Practice and Strategy of Invalidation Procedure for Chinese and American Patents

Osha Liang co-hosted a half-day seminar titled, “The Latest Practice and Strategy of Invalidation Procedure for Chinese and American Patents” in Hangzhou with Yuyang IP on September 13, 2017.  The seminar was organized under the aegis of the Zhejiang Science and Technology Market. The opening speech was given by Mr. Wang Jinsheng, the Director of Zhejiang Science & Technology Market. Over 20 companies and IP...

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10

Oct 2017

JPO Entrusted AI Business For Trademark Applications to FRONTEO

By: Mutsumi Fukuoka Since 2016, the Japanese Patent Office (JPO) has been considering using Artificial Intelligence (AI) in the examination of patent, design, and trademark applications.  In April of 2017, the JPO announced “Action Plan for Utilization of AI Technology” (available in Japanese here) in April 2017. As part of this Plan, the JPO will perform the following tasks: (1) make a list of the...

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29

Sep 2017

Under Armour Won Trademark Battle Against Uncle Martian in China

By: Han-Mei Tso and Ken Yu In August 2017, the People’s Higher Court of Fujian Province (the “Fujian Higher Court”) issued the first instance judgment on UNDER ARMOUR Inc. (“UNDER ARMOUR”) v. Fujian Tingfeilong, Inc. (“Tingfeilong”). The Fujian Higher Court held that the defendant’s act has infringed the plaintiff’s trademark rights and also constituted unfair competition. The Fujian Higher Court awarded 2 million RMB for...

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29

Sep 2017

Is It Really There? Inherency in Obviousness and Functional Claiming

By: A. Rusty Rogers In a recent decision, the Federal Circuit upholds an invalidation of a patent directed to manufacturing electric cables during inter partes review, despite acknowledging the Patent and Trial and Appeal Board’s (PTAB) misapplication of inherency principles in the obviousness context. When formulating a rejection, examiners must consider what prior art references teach and whether every limitation of a claim under examination...

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29

Sep 2017

European Litigation Series, Part II: Search Order and Seizure in Italy

By: Francesca Giovannini Italy is the Eurozone’s third-largest economy after Germany and France and, due to the size of its market and reduced litigation costs, should be taken into consideration when Intellectual Property (IP) rights need to be enforced in Europe. Since exclusive jurisdiction over IP cases has been conferred on select Italian courts, the duration of patent litigation proceedings has been shortened: a first-instance...

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29

Sep 2017

Hangzhou Internet Court: On the Fly

By: Han-Mei Tso and Jude Yi Hangzhou, the capital of China’s Zhejiang Province, is indicating its potential and appeal for internet innovation by being the hottest city for thousands of internet companies to call home, including the most notable industry bellwether, Alibaba. Adding more buzz to this city’s internet atmosphere, a pioneer judicial innovation – the one and only Internet Court in China – has...

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29

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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28

Sep 2017

New Legal Challenges in 3D Printing Technology

Attorney Han-Mei Tso is presenting at the Nangang IC Design and Development Center Business Lecture on 3D Printing Technology and new legal challenges on September 29, 2017 in Nangang District, Taipei, Taiwan.  She will be joined by the general manager of science and technology consultant, Zhu Xinrui, who is discussing the practical case analysis of patent map production, observation and analysis. For more information, visit...

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27

Sep 2017

Comp-U-Dopt’s Oktoberfest Sponsorship

Osha Liang is proud to support Comp-U-Dopt and its 10th Anniversary Oktoberfest Celebration on October 19th at 6:30 pm at Axelrad Beer Garden in Houston, Texas. Join us as we celebrate not only Comp-U-Dopt’s 10 year anniversary, but also the distribution of their 10,000th computer to a deserving Houston student. Oktoberfest is Comp-U-Dopt’s largest fundraiser.  Outside of being a great evening, by attending this event...

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25

Sep 2017

USPTO Business Methods Customer Partnership Meeting – Yes, Business Method Patents Still Exist in the United States

By: Robert Lord and David Rosenblitt The Customer Partnership Meeting was held on September 20, 2017, and was hosted by the United States Patent and Trademark Office (“USPTO”) at the Madison Auditorium in Alexandria, VA.  Osha Liang LLP attended the event at the San Jose, California regional office of the USPTO, via video conference.  The Osha Liang LLP attendees made up more than fifty percent...

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25

Sep 2017

2017 Intellectual Property Institute of Canada Annual Meeting

Partner Yuichi Watanabe is speaking at the Intellectual Property Institute of Canada’s 91st Annual Meeting on October 11-13, 2017 in Niagara Falls.  He is co-presenting on the topic, “Post-Final Practice – Understanding Your Options at the End of the Line” with Daphne Lainson (Smart & Bigger). Points of discussion include: Flexibility of Final Practice –creative ways to get to issuance Objectives and Options – understanding...

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14

Sep 2017

Houston Intellectual Property Lawyers Association’s 2017 Annual Fall Institute

Osha Liang is sponsoring the 2017 Annual Fall Institute on Intellectual Property Law presented by the Houston Intellectual Property Law Association (HIPLA) on October 5-7, 2017 at the Moody Gardens Hotel in Galveston, Texas.  HIPLA has put on the Fall Institute in association with the University of Houston for the past thirty-three years, and we are planning an exciting, not-to-be-missed program for 2017. Partner Carlyn...

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07

Sep 2017

Osha Liang Ranked Top Law Firm in PTAB Litigation Diversity

Osha Liang was recently named the law firm with the highest ratio of female attorneys working on Patent Trial and Appeal Board (PTAB) patent cases, according to Docket Alarm’s statistics and as reported in Patently-O’s blog post.  According to the statistics, 72% of Osha Liang’s AIA-Trial representations are staffed by female attorneys. The blog post points out the fact that “Patent litigation is dominated by...

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07

Sep 2017

The Special Operations of Patent War – The Latest Practice and Strategic Application of the Invalid Procedure of Chinese and American Patents

Dr. Jeffery P. Langer is presenting at the seminar “The Special Operations of Patent War – The Latest Practice and Strategic Application of the Invalid Procedure of Chinese and American Patents” on September 13, 2017 at Zhejiang Science and Technology Market Report Hall in Hangzhou, China.  Topics to be discussed include: When patents of important value encounter an ineffective challenge in the U.S. When product and...

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05

Sep 2017

Osha Liang Attorneys Named 2017 Texas Super Lawyers

Osha Liang is pleased to announce that two attorneys at the firm have been selected as 2017 Thomson Reuters Texas Super Lawyers©. The firm’s honorees are Managing Partner Jonathan P. Osha and Partner Jeffrey S. Bergman. Both were recognized in the Intellectual Property and Intellectual Property Litigation categories. This is the 11th consecutive year that Mr. Osha has earned selection to the list of the state’s top...

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30

Aug 2017

Photos from Hurricane Harvey

Over the last week, Hurricane Harvey swept the southeast coast of Texas. Our thoughts and prayers are with our clients, employees and their families who were impacted by this unprecedented storm.  These are challenging times and we want to be of as much assistance and support as we can.  Osha Liang would like to thank all of our clients, colleagues and friends around the world...

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28

Aug 2017

Important Case of Inadmissibility of Experimental Evidence Filed After Filing to Support Inventive Step Before the EPO

By: Elsa Benveniste This year, the Board of Appeal of the European Patent Office (EPO) issued decision T488/16 regarding the revocation of Bristol-Myers Squibb’s (BMS) European Patent EP1 169 038. In this case, the Board considered that the anti-cancer drug dasatinib (Sprycel®) claimed by the European patent lacked inventive step, despite the proprietor’s efforts to prove the contrary based on experimental evidence submitted to the...

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25

Aug 2017

Some Practical Considerations Before Litigating in China

By: Jeffrey Bergman and Jeffery Langer Since the creation in 2014 of three IP-only courts, located in Beijing, Shanghai and Guangzhou, there has been a dramatic increase in the number of foreign companies bringing suits (against both foreign and domestic defendants) in China.  Increased damage awards and the awarding of attorney fees by these courts are also attracting attention from China intellectual property rights holders. ...

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21

Aug 2017

Great American Solar Eclipse Photos

John and Talina Osha and Louis and Patti Bonham of Osha Liang, Alan and Susan Kasper of Sughrue, family and friends hosted members of the Cornell Friends of Astronomy club at the Oshas’ River Junction Ranch in Idaho to view the Great American Solar Eclipse on August 21, 2017.  The eclipse photos were taken by John using a 600mm prime lens and a 2x teleconverter. ...

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18

Aug 2017

Emory University Announces First 40 Under Forty: Partner Carlyn Burton Named Recipient

The Emory Alumni Association honors an accomplished and influential group of winners for its inaugural “40 under Forty Award Recognition Program.” ATLANTA, GEORGIA, August 2017 – Year after year, Emory graduates some of the most impactful young leaders in a broad range of industries. They forge partnerships, solve problems, blaze trails, and serve their communities a round t he world. The Emory Alumni Association 40...

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15

Aug 2017

How to Handle Business Software Alliance Audit Demand Letters

By: Keelin Hargadon Businesses sometimes find themselves the recipients of a letter from the Business Software Alliance (BSA) demanding an audit and accounting of software installed on company computers.  The requested audit is meant to uncover unauthorized installations of copyrighted software with the intent of recovering damages on behalf of the BSA/copyright owner.  Unfortunately for the recipients, these audit demand letters start a process that...

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11

Aug 2017

Global Innovator Conference 2017

Osha Liang partner Dr. Jeffery Langer is speaking at the 2017 Global Innovator Conference (GIC) in Shenzhen, China held on September 8-10, 2017. The GIC provides an opportunity for global innovators to exchange ideas in every aspect of the world: science, technology, business, health, education, design, entertainment, arts, and culture.  The event is co-hosted by YINTELLIGENCE Community and APEC China Business Council.  Dr. Langer is...

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11

Aug 2017

2017 International Congress of Intellectual Property – ABPI

Partner Peter Schechter is speaking at the International Congress on Intellectual Property organized by the Brazilian Intellectual Property Association in Rio de Janeiro, Brazil on August 20-22, 2017.  This year’s theme is “Intellectual Property in the New Global Political Context.”  Peter is speaking on the panel titled, “IP in a World of Change: Europe and Brexit; United States and its exit from the TPP: Where does...

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11

Aug 2017

2017 IPO Annual Meeting

Osha Liang attorneys John Osha, Robert Lord, Jeff Bergman, and Carlyn Burton will be attending the 2017 Intellectual Property Owners Association (IPO) Annual Meeting on September 17-19, 2017 at the Marriott Marquis in San Francisco, California. Robert Lord serves as vice chair of IPO’s Software Related Inventions Committee.  Jeff Bergman is a member of the Asian Practice Committee, and Carlyn Burton is a member of...

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01

Aug 2017

China’s Guiding Cases in IP Law, Part II: Infringement of Patent for Pharmaceutical Preparation Process

By: Han-Mei Tso In March 2017, the Supreme People’s Court of China (“Supreme Court”) published its 16th set of guiding cases, including 10 intellectual property (“IP”) cases.  Among the 10 IP guiding cases, three of them relate to patent infringement. In the June 2017 Osha Liang Newsletter, we discussed the first patent infringement guiding case in connection with liability of the e-commerce platform.  In this...

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31

Jul 2017

Cybersquatting Can Be Painful for Businesses of All Sizes

By: Keelin Hargadon and Robert Lord Cybersquatting is one of the biggest problems plaguing legitimate, customer-facing businesses in the U.S. today. While many forms of cybersquatting exist, the end goal is always the same– stealing money or valuable personal information from unwitting consumers.  Many times, cybersquatters take advantage of a hastily-typed, misspelled domain name and will use the legitimate company’s trademarks and color schemes to...

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25

Jul 2017

Proposed Changes to China’s Inventor Reward and Remuneration System

By: Jeffery P. Langer China requires the reward and remuneration of inventors.  Reward is a one-time payment to employees for the invention or creation of intellectual property.  Remuneration, on the other hand, is required if the employer exploits the intellectual property by using it in commerce by, for example, incorporating the intellectual property into a product or licensing the intellectual property to another entity.  Amendments...

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