Search Results for: Patent


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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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: 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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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

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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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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24

Feb 2016

Osha Liang Congratulates 2016 HATCH Pitch Finalists

AUSTIN and HOUSTON, Feb. 25, 2016/PRNewswire/ — HATCH pitch, the revolutionary startup pitch competition, announced today the finalists for its upcoming March 13 event in Austin, Texas. A proud sponsor of HATCH pitch since its inception in 2012, the Osha Liang LLP intellectual property law firm congratulates the finalists selected for this international competition. Applications were received from hundreds of early-stage tech startups in 20…

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23

Feb 2016

Osha Liang Recognized as a Top Firm for Business Methods Applications

HOUSTON, Feb. 23, 2016 /PRNewswire/ — Osha Liang LLP has achieved a top-7 ranking by Juristat with successes in the area of e-commerce art units of the U.S. Patent and Trademark Office, the law firm said today. Selected from IP Today’s list of top firms for 2015, Osha Liang is recognized for business methods claims in the 3620s, 3680s, and 3690s e-commerce art units. Jonathan…

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05

Feb 2016

Osha Liang Helps Standard Innovation Achieve Global IP Settlement

HOUSTON, Feb. 4, 2016 /PRNewswire/ — The epic legal battle between Canada-based Standard Innovation Corp., pioneer of the innovative We-Vibe® brand of sexual wellness products, and the LELO group of companies, officially has ended, the intellectual property law firm Osha Liang LLP said today. In what became the equivalent of the Apple v. Samsung battle of the sexual wellness industry, these long-time rivals reached a global…

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19

Jan 2016

Osha Liang Welcomes IP Attorney David S. Forman to Our Washington, DC Office

WASHINGTON and HOUSTON, Jan. 19, 2016 /PRNewswire/ — Intellectual property attorney David S. Forman, whose practice focuses on patent prosecution, litigation and counseling, has joined Osha Liang LLP as senior counsel in the firm’s Washington, D.C.-area office. Dr. Forman has a wide range of scientific and legal experience with matters involving biotechnology, immunology, pharmaceuticals, organic chemistry, diagnostic devices and methods, and medical devices. He was…

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25

Sep 2015

Osha Liang named one of the 6 IP Boutiques Punching Above Their Weight

6 IP Boutiques Punching Above Their Weight Law360, San Diego (September 25, 2015, 3:32 PM ET) — Between corporate spending cuts to intellectual property litigation and talent poaching by bigger firms, IP boutiques face a bruising legal market, but some specialty shops are getting ahead of the competition, landing big-name clients and notching wins in court and at the Patent Trial and Appeal Board. After…

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02

Jun 2015

Valeo North America Inc. Victorious at the PTAB

HOUSTON, June 2, 2015 /PRNewswire/ — In a significant victory, auto parts maker Valeo North America Inc. won a series of patent challenges related to vehicle vision and imaging sys-tem technology in the U.S. Patent and Trademark Office, the company’s law firm Osha Liang LLP said today. In a series of Final Written Decisions, the Patent Trial and Appeal Board invalidated 92 of 93 of…

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04

May 2015

Jeffery P. Langer Joins Osha Liang’s Washington Office

WASHINGTON and HOUSTON, May 4, 2015 /PRNewswire/ — Intellectual property law firm Osha Liang LLP announced that new partner Jeffery P. Langer has joined the firm’s relocated metro Washington, D.C. office. Dr. Langer joined firm partner James Hopenfeld at the firm’s office at 800 Diagonal Road, Suite 600, Alexandria, Virginia 22314. The office is located a short walk from United States Patent and Trademark Office…

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30

Oct 2014

Peter Schechter Elected Vice Chair of AIPPI-US Division of AIPLA

HOUSTON, Oct. 30, 2014 /PRNewswire/ –Peter C. Schechter, who joined Osha Liang LLP as a partner in January 2014, was elected vice chair of the AIPPI-US Division of the American Intellectual Property Law Association (AIPLA), the international intellectual property law firm announced today. Mr. Schechter’s election at the AIPLA annual meeting in Washington D.C. last week came midway through his two-year appointment to the organization’s…

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10

Jul 2014

Osha Liang LLP Named Among IP Boutiques Most Loved by In-House Counsel

HOUSTON July 10, 2014 — Osha Liang LLP is pleased to announce that Law360, in cooperation with BTI, has named the firm as one of seven intellectual property law boutiques most loved by in-house counsel nationwide. After a survey of more than 175 general counsel and decision makers at Fortune 1000 companies, the seven IP boutique law firms were chosen as industry standouts. Noted service…

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12

Aug 2013

Osha Liang LLP: Fine Wine and Spirits Producers Win ITC Intellectual Property Dispute

HOUSTON, Aug. 12, 2013 /PRNewswire/ — Cognac Ferrand and W.J. Deutsch & Sons, Ltd., two producers of fine wines and spirits, prevailed in an intellectual property dispute before the U.S. International Trade Commission (ITC), Osha Liang LLP said today. The ITC issued notice of its decision to review and terminate an investigation of patent disputes related to product packaging brought against more than a dozen wine and…

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19

Jun 2013

Osha Liang LLP: Standard Innovation Wins ITC Intellectual Property Dispute

HOUSTON, June 19, 2013 /PRNewswire/ — Standard Innovation, a manufacturer of the We-Vibe® brand of sexual wellness products, prevailed in an intellectual property dispute before the U.S. International Trade Commission (ITC), Osha Liang LLP said today. The ITC issued a final determination affirming findings by the Administrative Law Judge (ALJ) that Standard Innovation’s patent was valid and infringed. In Investigation No. 337-TA-823, the Commission reversed the ALJ’s…

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01

Apr 2013

2013 IP Today Ranking

Osha Liang is pleased to announce we have once again been placed in the top 50 patent firms in Intellectual Property Today. We are ranked 49 with a total of 727 patent applications filed in 2012 and a three-year average of 685.7. To learn more, please visit www.iptoday.com.


01

Dec 2012

Osha Liang Secures Affirmance in Inter-Partes Reexamination Case from the Federal Circuit

On December 11, 2012, Osha Liang, representing the patent holder in an Inter-Partes Reexamination, secured an affirmance from the Federal Circuit that the patent at issue was valid.  Inter-Partes Reexamination is a process (now replaced by Inter-Partes Review, after the passage of the American Invents Act) by which a third party can challenge the validity of a patent that the PTO, then at the PTAB…

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01

Aug 2012

BROAD CLAIM CONSTRUCTIONS —Be Careful What You Ask For

In a recent Federal Circuit decision, the court once again illustrated the dangers associated with seeking unduly broad claim constructions.  In MagSil,[1] the plaintiff had a claim which required a change in resistance of at least 10 percent at room temperature.  The specification showed examples up to 11.8 percent, but no greater.  During litigation, however, the plaintiff sought a claim construction that would encompass from…

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01

Aug 2012

SUING THE PTO —Can You Challenge PTO Decisions?

In a recent District Court decision, a judge allowed a lawsuit to proceed against the PTO, under the auspices of the Administrative Procedures Act (APA). This case is particularly interesting, because it involves a defendant in a patent litigation bringing suit against the PTO to challenge the PTO’s decision to allow the plaintiff in the litigation to late claim priority to a prior application.In Exela…

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01

Apr 2011

USPTO READY TO IMPLEMENT PRIORITIZED EXAMINATION

On April 4, 2010, the United States Patent and Trademark Office (USPTO) published in the Federal Register a final rule to implement the prioritized examination that guarantees a final disposition of a patent application within one year from filing. Under the new system, utility and plant applications filed to USPTO will be examined classified as one of the following three Tracks: Track I: prioritized examination;…

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