Search Results for: Patent


30

Mar 2017

Beijing IP Court Issued Decision Based on SEP Infringement

By: Ken Yu and Han-Mei Tso On March 22, 2017, the Beijing IP Court (the “Court”) issued its first instance judgment on Xi’an China IWNcomm Co., Ltd. (IWNcomm) v. Sony Mobile Communications (China) Co. Ltd. (Sony).  The Court held that Sony has infringed IWNComm’s Utility Patent No. ZL02139508.X which involves a Standard Essential Patent (SEP) in connection with WLAN Authentication and Privacy Infrastructure (WAPI).  The…

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22

Mar 2017

Osha Liang Recognized in 2017 IP Stars by Managing Intellectual Property

Osha Liang is pleased to announce the firm has been recognized in the 2017 IP Stars Handbook published by Managing Intellectual Property, a leading global legal ranking directory. Osha Liang – Ranked in Texas Intellectual Property as “Highly Recommended” for 2017 Jonathan Osha – Patent Star, Trademark Star IP Stars highlights the country’s leading intellectual property firms and lawyers and is based on surveys completed by peers and in-house counsel, as well…

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08

Mar 2017

Osha Liang Attorneys Recognized as 2017 Texas Super Lawyers Rising Stars

Houston, TX — International intellectual property law firm Osha Liang LLP is pleased to announce that two attorneys from the Houston office were selected for inclusion in Texas Rising Stars® 2017 by Thomson Reuters. Osha Liang lawyers on the Texas Rising Stars® 2017 list include: Carlyn A. Burton – Intellectual Property Monica M. Katthage – Intellectual Property Litigation The Texas Rising Stars represent the top 2.5 percent of Texas attorneys who…

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02

Mar 2017

“Alice” Motion to Dismiss Complaint Denied in Credit Card Personalization Suit

March 2, 2017 —  A Colorado federal judge today rejected an attempt to invalidate Osha Liang client Gemalto SA’s patent on improved smart card personalization systems.  After Gemalto sued CPI Card Group for infringement last year, CPI sought to dismiss the case under 35 U.S.C. § 101 based on its argument that the Gemalto patent claimed only unpatentable abstract ideas and was therefore invalid under…

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27

Feb 2017

Silence Not Golden with Provisional Application, CAFC says

By: John Montgomery and David Madio Introduction The United States Court of Appeals for the Federal Circuit (CAFC) provides guidance on when a provisional application can be used in patent claim construction.  The split decision highlights the importance of the specification and the relevance of a provisional application in claim construction and subsequent determination of the validity of the claims.  The different views might be beneficially…

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27

Feb 2017

Use of “consisting of” Creates a Strong Presumption that is Difficult to Overcome

By: Anthony Amert In an appeal of a district court ruling on a patent infringement suit, the U.S. Federal Circuit in Shire v. Watson reminded patentees that claim language can create presumptions regarding claim scope that impact the boundaries of the claimed subject matter that are difficult to overcome and may preclude a finding of infringement. In the litigation, Shire Development, LLC sued Watson Pharmaceuticals,…

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26

Feb 2017

Case C-395/16, DOCERAM – When are Designs “Solely Dictated” by Function?

By: Pascale Brochard Design(s) behind the product are known as a very efficient way for a company to stop a competitor from selling a similar product, even in high tech products (remember Apple’s tablet designs?). Registered Community designs are unitary rights that have equal effect across the European Union; they are ruled by EU’s designs Regulation (EC) No 6/2002.  According to the Regulation, designs that…

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24

Feb 2017

Can a Research Plan Invoke Derivation Under 35 U.S.C. § 102(f)?

By: Yuichi Watanabe and Xue “Sherrie” Holdman On January 26, 2017, the Court of Appeals for the Federal Circuit rendered a decision on the uncommon issue of derivation in Cumberland Pharms. Inc. v. Mylan Institutional LLC.[1]  Derivation is a legal concept that ensures that a patent is not issued to someone who is not the true inventor. Prior to the America Invents Act (AIA), derivation…

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15

Feb 2017

Osha Liang Named Top Silicon Valley IP Litigation Law Firm

Osha Liang’s Sillicon Valley office has been named by JD Journal as a “Top IP Litigation Law Firm.”  As noted by the publication, Osha Liang “has international and national clients who benefit from their unique Patent Agent program which recruits attorneys fresh out of the tech industry or who have some kind of technology-focused higher education.” To read the full article, click here.


30

Jan 2017

UPC: Opting Out Might Be Possible Starting From September 2017

By: Francesca Giovannini Following the UK’s decision to leave the European Union (EU) and months of uncertainty concerning what measures the UK government would take to implement that decision, the IP community was generally quite surprised by the announcement made by the UK Minister for IP at the EU Competitiveness Council in Brussels last November. On that occasion, the Minister announced that the Agreement on…

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30

Jan 2017

Broad Standard of Infringement for Method Claims Upheld in Lilly v. Teva

By: David Forman Patented methods often include steps that can be performed by more than one party.  Until recently, if more than one party performed at least one of the method steps (divided infringement), it precluded establishing infringement, since the well-established rule has been that for direct infringement under 35 U.S.C. § 271(a), all steps of the patented method had to be performed by the same…

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30

Jan 2017

MUST It Be There? An Update on the Inherency Doctrine

By: Ko Nakamura Anticipation under 35 U.S.C. §102 requires each limitation of a claim to be disclosed by a single prior art reference.  Such a disclosure may be explicit or inherent in the prior art.[1]  For a limitation to be inherently disclosed in the prior art, the limitation, while not explicitly disclosed, must necessarily be present in view of the explicit disclosure of the prior…

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19

Jan 2017

Osha Liang Once Again Named to Top 10 List for TC 3600 Allowance Rates

Osha Liang has once again achieved a top-10 ranking by Juristat in patent examination allowance by the U.S. Patent and Trademark Office’s (USPTO) Technology Center (TC) 3600. The USPTO’s TC 3600 provides examination for a wide range of technologies, including software, business methods, and the oil and gas industry. With an allowance rate of 80.7 percent, Osha Liang was recognized as one of the most…

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17

Jan 2017

Federal Circuit to Review the Reviewability of the IPR Time Bar

By: Tammy Dunn Inter partes review proceedings (IPRs) have become an increasingly popular avenue for those who seek to invalidate claims in a patent.  Created by Congress through the America Invents Act, IPRs offer a more streamlined and relatively cost-effective way to invalidate patents than historically has been available in United States district court proceedings.  Unlike district court, where judges and juries make decisions regarding…

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12

Jan 2017

USPTO No Longer Accepting Submissions for P3 Program

The United States Patent and Trademark Office (USPTO) gave notice on January 12, 2017 that the submissions for the Post-Prosecution Pilot (P3) program would no longer be accepted after that date.  The UPSTO indicates that it intends to review the results of the pilot, and will publish a report at a later date on the P3 website. 日本語 米国特許庁 (USPTO)は、2017年1月12日以降、Post-Prosecution Pilot (P3)プログラムの申請を受け付けないことを告知しました。米国特許庁は、この試行プログラムの結果を検証し、P3プログラムのウェブサイトで後日レポートを公開する予定です。 简体中文 美国专利商标局(USPTO)于2017年1月12日发表申明,在该日期之后将不再接收审查后试点(Post-Prosecution Pilot…

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10

Jan 2017

CAFC Clarifies Definiteness of Subjective Claim Terminology

By: Zachary Schaefer In Sonix Technology Co., Ltd. v. Publications International, Ltd., No. 16-1449 (Fed. Cir. Jan. 5, 2017), the Court of Appeals for the Federal Circuit reversed a district court’s decision that the inclusion of a subjective claim term rendered the claims indefinite under 35 U.S.C. § 112, second paragraph. 35 U.S.C. § 112, second paragraph, states, in part, that the claims of a patent…

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12

Dec 2016

Osha Liang Silicon Valley Office Continues Growth with Arrival of IP Attorney David Pitinga

SILICON VALLEY  – Dec. 12, 2016 – Intellectual property law firm, Osha Liang LLP, adds further strength to its Silicon Valley roster with the addition of patent attorney, David Pitinga.  David has extensive experience handling patent prosecution matters for various technical areas including computer software and hardware, more specifically, artificial intelligence, search engines, recommender systems, massively multiplayer gaming, and blockchain applications. David is a patent attorney…

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29

Nov 2016

Covered Business Method (CBM) Update

By: Jeff Guinn A recent U.S. Court of Appeals for the Federal Circuit decision has attempted to clarify what is, and what is not, a Covered Business Method (“CBM”) under the America Invent Act’s (“AIA”) transitional review program for CBM patents.  See Unwired Planet, LLC v. Google Inc., Case No. 15-1966, (Fed. Cir. 2016).  Section 18 of the AIA establishes a program for reviewing the…

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29

Nov 2016

U.S. Supreme Court Considers Copyright Protection for Designs Applied to Cheerleader Uniforms

By: John Montgomery Are Copyrights for Designs Applied to Cheerleader Uniforms Enforceable? Will the Fashion Industry Obtain Copyright Tools Effective to “Kill” the Knockoff Apparel Industry? Will The Supreme Court Establish or Endorse a Test for Determining Separability of Protectable Copyright Design from Otherwise Unprotectable Useful Articles? On November 1, 2016, the Supreme Court of the U.S. heard oral arguments in a case disputing the availability…

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23

Nov 2016

Ready For Your Next Trade Show? The TRO Trend Continues.

By: Tammy Dunn and Jeffery Langer Earlier this year Osha Liang partners Tammy Dunn and Jeffery Langer, Ph.D. wrote a Law360 Expert Analysis article (March 2016) noting an apparent developing trend in the U.S. District Court for the District of Nevada: granting temporary restraining orders against non-U.S. companies accused of patent infringement on the eve or at the beginning of trade shows where they planned to exhibit….

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11

Nov 2016

Texas Bar College Welcomes Partner Robert Lord

The Texas Bar College FOR IMMEDIATE RELEASE AUSTIN – The Texas Bar College congratulates Robert P. Lord on his membership in the College. With over 17 years of IP legal experience under his belt, Mr. Lord relies on a wealth of sound legal and business-savvy approaches to solving client’s IP issues.  Mr. Lord manages over 3,000 active matters for numerous medium-to-large companies, while still being intimately involved…

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04

Nov 2016

Osha Liang sponsors OPEN Houston Annual Business Pitch Competition

Osha Liang announced today the firm is a proud sponsor of OPEN Houston’s 7th Annual Business Pitch Competition on November 5, 2016 in Houston, Texas.  Details of the event can be found here: http://www.openhouston.org/annual-conference-2016/. The annual event is organized by OPEN Houston’s Charter Membership and Executive Committee.  The theme of this year’s event is “Opportunity of Adversity.”  OPEN Houston’s Annual Business Pitch Competition brings together…

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01

Nov 2016

Osha Liang receives 2017 U.S. News “Best Law Firms” Ranking

Osha Liang is proud to announce the firm has been ranked in the 2017 edition of “U.S. News and World Report – Best Lawyers®” list of Best Law Firms.  Osha Liang holds a tier one ranking in patent law in Houston. In addition to the firm`s inclusion, Managing Partner Jonathan Osha was recognized as 2017 “Best Lawyers in America” in patent law. The “Best Law Firms”…

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31

Oct 2016

Errors in Citation of Prior Art by USPTO Examiners

By: Jonathan P. Osha At the U.S. offices of Osha Liang, we have noted a significant increase in instances of USPTO Examiners rejecting claims on the basis of prior art that is not actually prior art as defined by 35 U.S.C. §102.  If not noticed by the applicant and pointed out to the Examiner in the next response, this error can lead to the introduction…

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31

Oct 2016

China IPR Judgments and Decisions

By: Jude Yi and Jeffery P. Langer As China attaches more importance to Intellectual Property Rights (IPR) and IPR disputes continue to rise in frequency, the Chinese government hopes to enhance its judicial openness in the IPR respect.  In order to do so, in addition to the existing website China Judgments Online (http://wenshu.court.gov.cn/), the Supreme Court later added an IPR-focused website under its governance, China…

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27

Oct 2016

How Is The Newest USPTO Hybrid Pilot Program Any Different From The Other After-Final Options?

By: Seema Mehta and Robert Lord Introduction The Post-Prosecution Pilot (P3) Program is a recently announced pilot program at the USPTO that became effective on July 11, 2016, and was developed as part of the USPTO’s ongoing quality enhancement efforts during the period subsequent to final rejection and prior to the filing of a notice of appeal.   While the new program can most easily be described as…

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27

Oct 2016

European Litigation Series – Part 1: French Seizure of Evidence (saisie-contrefaçon)

By: Francesca Giovannini The most effective tool offered by the French IP litigation system to gather evidence of infringement of an IP right in force in France is the possibility of lodging a petition for search and seizure of evidence (saisie-contrefaçon). This procedure is extensively used before patent infringement actions and is authorized by the Presiding Judge of the Paris Court (Tribunal de Grande Instance, TGI)…

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30

Sep 2016

The Pitfalls of a Narrow Disclosure

By: Ko Nakamura How broad a claim will the disclosure support? Different jurisdictions apply different standards, but in general, answering this question will involve an analysis, in one way or another, of whether the disclosure is sufficient to disclose the invention to a person skilled in the art.  In the United States, this question comes in two flavors: whether the disclosure is sufficient to enable a…

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