MONTHLY INSIGHTS

Supreme Court Requires Actual Copyright Registration To Sue

Resolving a circuit split, the Supreme Court on March 4, 2019, unanimously held that the Copyright Office must have issued a registration on a work for the copyright owner to sue for its infringement.  READ MORE 
To Petition or Not to Petition: 
The Role of Statutory Estoppel on Later Patent Challenges

When the America Invents Act (AIA) implemented post-grant proceedings for challenging patents in the United States in 2012, petitioners faced the risk that the AIA's estoppel provisions could preclude subsequent validity challenges and defenses after unsuccessful proceedings.  For several years now, trial courts have been analyzing and defining the scope and extent that the AIA estoppel provisions limit or completely foreclose later challenges to patent validity.  READ MORE 
Magnifying Glass with the China country Map on white background.
Patent Reexamination Board Eliminated Amid CNIPA Reorganization

According to a notice issued by the China National Intellectual Property Administration (CNIPA) on February 14, 2019, the Patent Reexamination Board will be merged into the Patent Office of the CNIPA. The Patent Reexamination Board was formerly a subordinate organization under the CNIPA. However, after the merger, the Patent Office will be responsible for all duties formerly handled by the Patent Reexamination Board.
When does Describing an Embodiment become a Clear and Unmistakable Disclaimer?

What rises to the level of being a disclaimer of claim scope? In other words, when do expressions made in the intrinsic evidence of a patent rise to the level of clearly disclaiming the scope of the claims from just providing background and explanation of concepts in the patent? As of now, wording and context of patents at issue are analyzed in a case-by-case basis using general guidelines set out by long standing case law.   READ MORE

WELCOME BACK


Trademark Attorney  Keelin Hargadon  rejoined Osha Liang in February after a yearlong absence. 

Keelin Hargadon's practice area encompasses trademark, trade secret, copyright and litigation, with a focus on trademark prosecution and enforcement both domestically and internationally.


OSHA LIANG @ INTA 2019

We look forward to seeing you at this year's annual conference in Boston!


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