Waivers of Patent Rights, Without More, Will Not Resolve Global COVID-19 Vaccine Access Issues |
|
While discussions about “patent waivers” have flooded mainstream media outlets and social media posts, these commentaries often fail to recognize that a “patent waiver” does not magically produce vaccines or resolve the actual barriers to vaccine production. READ MORE
|
|
PTAB Protective Order Has Teeth, Bites Violator |
|
Protective orders in inter partes review proceedings really can be enforced. In One World Technologies, Inc. v. Chervon (HK) Ltd., the Patent Trial and Appeal Board found that a patent owner violated the IPR protective order by producing confidential information from the IPR in a co-pending parallel district court action involving the same parties, who were represented by counsel from the same law firms on either side. The Board imposed sanctions on the patent owner, both to warn others about violating protective orders, and to instill confidence in protective orders and in the Board’s power to protect confidential information in this and other IPRs. READ MORE
|
|
Application of AIA Petitioner Estoppel Before Exhaustion of All Appeals Is Likely Incorrect as Premature |
An AIA validity challenge petitioner may not request or maintain a USPTO proceeding, or assert in a civil action or ITC proceeding, any ground of patent claim invalidity that the petitioner raised or reasonably could have raised during an IPR “that results in a final written decision.” |
|
|
Until now, PTAB and courts have applied this estoppel against petitioners immediately upon PTAB’s issuance of a final written decision. In Olaplex, Inc. v. L’Oréal USA, Inc., the CAFC strongly suggests that this timing of the application of petitioner estoppel is incorrect as premature. READ MORE
|
|
|
|
Settling the Score: Are Settlement Agreements Private, Public, or Something In Between?
|
The hallmark of a good intellectual property litigation settlement is that neither party is totally happy with it. That is the nature of compromise – no one gets everything they ask for. For this reason, the settling parties prefer, |
|
and usually agree, that the settlement agreement will be held in confidence by them. But when a subsequent lawsuit involving the same IP rights is filed, the newly-sued defendant wants to inspect and review any previously negotiated settlement agreements. Are confidential settlement agreements shielded from compelled disclosure to other defendants? READ MORE
|
|
China Issues Interim Measures for Processing Related Examination Matters Regarding Implementation of the
Amended Patent Law
|
|
On May 25, 2021, the China National Intellectual Property Administration (“CNIPA”) issued Interim Measures for Processing Related Examination Matters Regarding Implementation of the Amended Patent Law, effective June 1, 2021. The Interim Measures deal with topics including design patent term, protection of “partial” designs, domestic priority right for design applications, patent term adjustment and patent term extension, and examination of the good-faith requirement for patent applications. READ MORE
|
|
|
OBWB COMMEMORATES 23rd ANNIVERSARY |
|
|
|
Osha Bergman Watanabe & Burton LLP celebrated its 23rd anniversary in May this year. As we commemorate this special event, we would like to take a moment to thank those who reached out to wish us well.
|
|
|
|
|
|
|
