In the summer of 2020, the United States Patent and Trademark Office (USPTO) initiated a new Fast-Track Appeals Pilot Program. A goal of this program is to reach a decision on an ex parte appeal before the PTAB within 6 months of the entry date into the Pilot Program. The first year of this new Pilot Program is concluded and the results are in! READ MORE
While the use of “embedded” content online is ubiquitous, the legality of this practice is being seriously challenged. Copyright law generally prohibits the public display or distribution of copyrighted works without the copyright owner’s authorization. However, the advent of the internet and the desire of some courts not to impede its development have led to tortured interpretations of the copyright laws. READ MORE
Think Your Correspondence With Litigation Funders Is Protected From Discovery? Think Again …
Many patent owners require participation of litigation funding companies in order to pursue licensing and litigation enforcement programs. Litigation funders need to study the merits, strengths, and weaknesses of the key aspects of any patent infringement case – infringement, validity, and damages – before they decide to provide funding. Discussions between the patent owner and the funding company, and their respective lawyers as well, must be very carefully planned and controlled if the documents -- including correspondence and even legal opinions -- are to remain shielded from compelled disclosure to opposing parties in any subsequent patent enforcement litigation. READ MORE
Chinese Patent Invalidation Proceedings Will Not Be Suspended for Ownership Disputes
The China National Intellectual Property Administration (CNIPA) recently published Draft Amendments to the Guidelines for Patent Examination. One of the important amendments eliminates the ability of an owner of a Chinese patent to suspend invalidation proceedings by creating a fake dispute over ownership of the patent.READ MORE
Introduction of Customs Border IP Protection in China
Part I--- The System and Current Implementation
On April 26, 2021, the World Intellectual Property Day, the General Administration of Customs of P. R. China held a press briefing to introduce the Chinese customs’ intellectual property (IP) protection and mentioned that since the beginning of 2021, China’s customs nationwide has further strengthened the protection of intellectual property rights (IPR) and effectively cracked down on IPR infringements involving import and export. READ MORE
We congratulate OBWB Global Chair Jonathan Osha and Partner Carlyn Burton on their inclusion on the 2022 Best Lawyers® list. The annual Best Lawyers ranking recognizes individuals who are leaders in the legal industry. This marks the ninth consecutive year that Jonathan has been recognized for his work in Litigation-Patent & in Patent Law. This is the second consecutive year that Carlyn has been acknowledged for her work in Patent Law.