MONTHLY INSIGHTS

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

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.   READ MORE
Will U.S. District Courts Give Up Trying to Understand Section 101 
Patent Eligibility?
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 court's ruling is erroneous, it would welcome reversal by the Federal Circuit." That is truly extraordinary. Whether the Court of Appeals accepts the certification and hears the interlocutory appeal remains to be seen, as are the consequences of the appellate court's likely refusal to do so.  READ MORE
Second Circuit Clarifies Double Scienter Requirement of the Digital Millennium Copyright Act in Mango v. BuzzFeed

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 distribution of the work with removed or altered CMI, "knowing...that it will induce, enable, facilitate, or conceal an infringement." READ MORE
statue outside front of Supreme Court Washington DC
Personal Jurisdiction Uncertain Based on Stream of Commerce: Part III

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.  READ MORE

CONGRATULATIONS

We are pleased to announce the inclusion of two Osha Liang LLP attorneys 
in the Best Lawyers 2021 edition of The Best Lawyers in America. 
Congratulations to Carlyn Burton recognized in Patent Law, and 
Jonathan Osha recognized in Patent Law and Litigation. 
IPO 2020 Annual Meeting

Carlyn Burton and Jonathan Osha are both participating as panelists at IPO's (virtual) 2020 Annual Meeting. The meeting runs from September 21 through September 24. Carlyn Burton is a speaker on the panel,  "How to be a Better Ally for Diversity & Inclusion." Jonathan Osha joins the panel on, "IP Policy Considerations and Strategies for protecting AI."

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