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.

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P: 512.480.0667
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Osha Liang LLP
1200 Pearl St. Ste. 314
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P: 713.228.8600
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385 Yan An Rd.
Hangzhou, China   310006
P: +86.571.2689.2537
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P: +33.1.4494.8630
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2-15-1 Konan Minato-ku
Tokyo, Japan   108-6028
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1701 Pennsylvania Ave.
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Washington, DC   20006
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Newsletter Archive Links

China Passes Fourth Amendment to Patent Law

Despite a "regular pattern" of amending the Patent Law every eight years since it was enacted in 1984, on October 17, 2020, China has now passed the Fourth Amendment to the Patent Law after 12 years since the Third Amendment. Considering certain significant changes in the Fourth Amendment to the Patent Law and its profound implications, the long wait may prove worthwhile.

CAFC Declines Trial Court's Request for Help Understanding Section 101

As predicted, the Court of Appeals for the Federal Circuit has now declined to hear an interlocutory appeal of a United States District Judge's denial of an accused infringer's motion to dismiss the complaint based on the infringer's defense of patent subject matter ineligibility under 35 U.S.C. Section 101. Trial judges unsure of how to apply the U.S. Supreme Court's Alice decision and subsequent CAFC precedent applying Alice must invalidate patents-in-suit at the pleading stage of a lawsuit if they wish to obtain early appellate confirmation of their Section 101 patent subject matter eligibility rulings.

Product-by-Process Claims in The United States

Despite numerous areas of patent law harmonization between the IP5 over the past few years, several areas of distinct disagreement remain between the members. One specific area of particular interest to those practicing in the chemical and life science arts is the topic of "product-by-process" claims, by which a product is defined at least in part in terms of the method or process by which it is made.

Patent Specification's Disclaimer of Invention's Scope May Break Chain of Priority

In Akeva, LLC, v. Nike, Inc., the U.S. Court of Appeals for the Federal Circuit held that a disclaimer of claim scope in a patent specification that excluded a particular embodiment prevented later claims in the continuation patents from claiming the excluded embodiment, thereby breaking the priority chain. The Court also held that a disclaimer of claim scope in a specification could not be subsequently rescinded without introducing prohibited new matter.

Summary of USPTO Report on Public Views on Patenting AI Inventions

As part of the efforts to promote the understanding and reliability of intellectual property (IP) rights in relation to Artificial Intelligence (AI) technology, the USPTO issued a request for comments (RFC) on patenting AI inventions on August 27, 2019. Based on the received comments to the RFC, the USPTO issued a report on Public Views on AI and IP policy. A summary of Part I of the report, which addresses patentability of AI inventions, is presented.

The Jury Is "In" On Standard Essentiality

As recently explained by the Court of Appeals for the Federal Circuit in Godo Kaisha IP Bridge 1 v. TCL Comm'n Tech. Holdings Ltd., the question of whether a defendant's standard-compliant product infringes a Standard Essential Patent ("SEP") merely because it is standard-compliant may be submitted to a jury. It is not necessary in every case involving SEPs to ask the jury to compare the patent claims to the accused infringing product. Moreover, there is no requirement of any prior ruling by the district court that compliance with mandatory sections of the standard necessarily results in infringement.

UK Announced Its Withdrawal from Unified Patent Court Agreement — What's Next?

By Francesca Giovannini What are the consequences of the UK's withdrawal from the Unified Patent Court Agreement on patent litigation across Europe If European industry's interests still favor establishment of a new centralized patent litigation system, and if there is still the political will to proceed by the remaining participating states, the Agreement on the UPC may still come into force. As announced in...

Will U.S. District Courts Give Up Trying to Understand Section 101 Patent Eligibility?

By Peter Schechter A United States District Judge recently denied an accused infringer's motion to dismiss the complaint based on the infringer's defense of patent subject matter ineligibility under 35 U.S.C. Section 101. While there's nothing unusual about that, Judge Nielson certified the court's order upholding patent validity for immediate appeal to the Court of Appeals for the Federal Circuit, and wrote: "if this...

Second Circuit Clarifies Double Scienter Requirement of the Digital Millennium Copyright Act in Mango v. BuzzFeed

By Califf Cooper The Second Circuit Court of Appeals held in Mango v. BuzzFeed that the Digital Millennium Copyright Act ("DMCA") does not require proof that a defendant knew, or had reasonable grounds to know, that its conduct would lead to future, third-party infringement, in order to establish a violation of Section 1202(b), which prohibits intentional removal or alteration of Copyright Management Information and...

Personal Jurisdiction Uncertain Based on Stream of Commerce: Part III

By Suzanne Lecocke This article concludes a 3-part article discussing whether the stream of commerce theory may still be used to establish personal jurisdiction over a non-resident defendant, an area of vital concern in today's commercial world both to plaintiffs who want to sue non-resident companies, and equally to non-resident defendants who want to know where they may be subject to suit. This article...