Osha Attorneys
Osha Attorneys
Osha Attorneys
Osha Attorneys
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The collective expertise of our global team distinguishes OBWB in the field of Intellectual Property Law. We align our best resources to meet each client's specific needs and we treat each matter with the highest degree of attention and care.

USPTO Updates Guidance on Enablement

In 2023, the U.S. Supreme Court affirmed invalidity of two Amgen patents based on a lack of enablement for broad genus claims that would potentially encompass millions of antibodies. The Court explained that Amgen's teaching of how to make and use their invention was little more than research assignments, and therefore requires undue experimentation to arrive at the breadth of the claims. In January of 2024, the USPTO updated its guidelines for assessing compliance with the enablement requirement based on the Amgen decision.

Great Concepts, LLC v. Chutter, Inc.: A "Green-Light" for Fraud?

In Great Concepts, LLC v. Chutter, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) held that the Trademark Trial and Appeal Board (TTAB) is authorized to cancel the registration of a mark if the "registration was obtained fraudulently," but is not authorized to cancel the registration if the incontestability status of the mark is "obtained fraudulently."

Masimo vs. Apple – Important Considerations Regarding the International Trade Commission

Exemplified by the recent dispute between Masimo and Apple regarding Apple's Series 9 and Ultra 2 watches, the U.S. International Trade Commission (ITC) is an important venue that deserves consideration by those seeking to enforce their intellectual property. In today's global economy, protecting intellectual property (IP) rights is paramount for businesses seeking to maintain their competitive edge. The ITC, an independent federal agency of the United States, plays a crucial role in safeguarding trade interests at the border, particularly concerning IP infringement issues. This article will delve into what the ITC is, its functions, and how it differs from federal courts in enforcing IP rights.

Saudi Arabia Increases Focus on Intellectual Property Protection with Dedicated Prosecution Wing.

Saudi Arabia's Public Prosecution Council has announced the formation of a specialized IP Prosecution wing that will examine and initiate criminal proceedings in cases of IP infringement. This action aligns with a national strategy, launched in December 2022, of strengthening the IP framework, attracting foreign investment, and fostering domestic innovation and creativity.

OBWB Houston Office Hosts AIPLA Committee Meeting

It was a pleasure to host the 'IP Practice in Japan Committee' Mid-Winter meeting at our Houston office this month. The schedule of presentations over the course of February 8th and 9th covered a wide and varied range of IP topics led by members of AIPPI, AIPLA and JPAA. Many thanks to our fellow co-sponsors who helped to facilitate this very productive meeting.

Motasem Abu Ghazaleh Elected to The Gulf Brand Protection Group Board of Directors

Congratulations to Motasem Abu Ghazaleh, OBWB's Global Trademark Manager on his election to the board of directors of the Gulf Brand Protection Group (BPG). The Gulf Brand Protection Group is a leading organization in the region dedicated to protecting brand owners' interests. OBWB's presence on the board will further strengthen BPG's ability to advocate for and protect intellectual property rights in the Gulf.

An Accelerated Pathway Program for Semiconductor Patents

The United States Patent and Trademark Office (USPTO) is implementing the Semiconductor Technology Pilot Program to expedite the examination of patent applications related to semiconductor manufacturing, research, and development. Under this program, which supports the CHIPS Act enacted by Congress in 2022, applications will be advanced out of turn for examination until a First Office Action is issued. The notice of Semiconductor Technology Pilot Program was published in the Federal Register on December 1, 2023.

Decoding Patents: Navigating the Implications of Foreign Prosecution Estoppel and Choice of POSITA

The recent decision by the United States Court of Appeals for the Federal Circuit (CAFC) in K-fee System GmbH v. Nespresso USA, Inc. involved important questions of claim construction and patent prosecution estoppel. Aligning with the ordinary understanding of the average person, the court interpreted the term "barcode" based on visual appearance rather than strict data encoding. However, did the Federal Circuit err in its claim construction by focusing on the wrong "person" of ordinary skill in the art (POSITA) when they construed "barcode" based on appearance rather than functionality? Notably, the court considered statements from the patent owner in foreign patent prosecution while construing the term, a consideration that seems to challenge established CAFC precedent. This departure raises concerns about the potential impact on existing standards. As such, the ruling potentially expands the scope of prosecution history estoppel globally, prompting practitioners to take into account statements made in foreign prosecution of related patents during litigation proceedings in the United States. Ultimately, the decision navigates the delicate equilibrium between adaptability and precision in patent law, influencing the landscape of intellectual property protection.