MONTHLY INSIGHTS
JUNE 2022
Tokyo District Court Says All System Components Must Be In Japan for Accused Video Distribution System to Infringe Japanese Patent
In March 2022, the Tokyo District Court applied the principle of territorial jurisdiction to dismiss a patent infringement claim of Dwango Co., Ltd. against American company FC2’s video distribution system. According to the decision, there is no infringement of the patent’s system claims because FC2’s servers are located in the United States, even though the users instruct the system from Japan, and receive video distribution services on terminals located in Japan. Japanese and American patent law appear to dictate opposite results in similar circumstances. READ MORE
Green Patents: Common Challenges in
Prosecution Before The EPO
Patents relating to technologies having a potential mitigation effect on global climate change have sensibly grown in the last two decades. Although these patents are directed to very diverse technologies, they may share common challenges during the prosecution before the European Patent Office (EPO). One of these challenges relates to admissibility of post-published evidence for assessing inventive step. Whether it may be admitted or not depends on a pending decision of the Enlarged Board of Appeal. READ MORE
USPTO Issues Interim Guidance Modifying and Clarifying PTAB’s Application of “Fintiv” Factors When Making AIA Post-Grant Proceeding Institution Decisions
On June 22, 2022, the USPTO issued interim guidance regarding the application of the so-called “Fintiv” factors the PTAB considers in determining whether to institute an AIA post-grant proceeding where there is parallel district court litigation or ITC administrative proceedings. The interim guidance appears likely to narrow the circumstances, and thereby reduce the number of times, when the PTAB will use its discretionary denial authority. READ MORE
@AIPLA
OBWB Partners Tammy Terry and Yuichi Watanabe participated as panelists at several international AIPLA events. Tammy joined AIPLA's IP Practice in Europe group, giving a presentation in Milan and at the Italian Supreme Court in Rome. Yuichi joined a recent AIPLA panel for their "Diversity in IP Law Webinar - OGs of IP." Yuichi was also a guest speaker at AIPLA's Annual Spring Meeting hosted in New Orleans; he spoke on "Climate Change and IP: WIPO Green Initiative to Enhance Green Tech Transfer." Osha Bergman Watanabe & Burton was a sponsor of AIPLA's 2022 Spring Meeting.
WE HAVE MOVED
We are pleased to inform you that OBWB’s headquarters is moving to a new address. As of July 1st, our Houston office will be located at: 1100 Louisiana Street. Suite 4900. Houston, Texas 77002.

Our office phone and fax numbers will remain the same.

We look forward to having the opportunity to welcome you to our new space in Houston.  
24th ANNIVERSARY
On May 31st, the OBWB Houston office commemorated the firm's 24th anniversary with a crawfish boil! The smiles say it all. It was great to be able to celebrate this special occasion in person with our colleagues.