MONTHLY INSIGHTS

OSHA LIANG CELEBRATES 
21 YEARS
Each year, Osha Liang's Houston office celebrates the firm anniversary by hosting a crawfish boil. This year was notable in that we commemorated our 21st anniversary.

The event was held at a trendy urban beer garden located just a few blocks from our office. Participants enjoyed games, live music, and a variety of cuisine and craft beer. A good time was had by all!
Consumers Have Standing under Illinois Brick to Sue Apple for 
Antitrust-Violating App Store Practices

In Apple Inc. v. Pepper et al., No. 17-204, 587 U.S. ___ (2019), the Supreme Court of  the United States affirms that consumers have legal standing under Illinois Brick Co. v Illinois,  431 U.S. 720 (1977), to sue Apple for alleged antitrust practices regarding the company's  App Store.  The Supreme Court found that, despite the price of iPhone applications being  set by developers, consumers are "direct purchasers" of iPhone applications from  Apple.  Therefore, consumers are also directly affected by Apple's alleged monopolistic  practices, and, thus, have legal standing to sue under Illinois Brick.



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Challenging Deference: An Analysis of Kisor v. Wilkie before the Supreme Court

An obscure veteran's appeal that has reached the Supreme Court of the United States may have a profound affect on administrative law.  Kisor v. Wilkie, on appeal from the United States Court of Appeals Federal Circuit, challenges the way courts treat a federal agency's interpretations of its own rules.
Lack of Constitutional Standing to Appeal Makes Section 315(e) Estoppel Questionable

Does 35 U.S.C. § 315(e) estoppel apply when a party has no constitutional standing to appeal, even though it has a right to appeal under 35 U.S.C. § 319? In AVX Corp. v. Presidio Components, Inc., Appeal No. 18-1106 (Fed. Cir. 2019), the Federal Circuit dismissed an appeal by AVX of a Final Written Decision of the U.S. Patent Trial and Appeal Board (PTAB) for lack of Article III standing.  

Introduction to Prioritized and Expedited Patent Examination Procedures (Part Three)

Chapter of the United States

Previously, Osha Liang Insights provided an overview of the prioritized patent examination procedures in China and Japan . For the third part of this series, we will focus on the expedited patent examination procedures in the United States.  The United States Patent and Trademark Office (USPTO) currently offers three programs that allow a patent applicant to petition for expedit ed patent examination: (1) prioritized examination; (2) accelerated examination; and (3) patent prosecution highway. Each program has its own eligibility and documentation requirements, and will be described in more detail below.
OSHA LIANG @ INTA

INTA Includes Patent Topics on Panel Discussion 
at Annual Conference 

Jonathan Osha joined panelists Alejandro Luna, Catherine Fitch, and Manisha Desai for the informative panel session, "Patent Portfolios' Challenges in International trade."
SENIOR OFFICERS OF AIPPI VISIT CHINA

Senior officers of the International Association for the Protection of Intellectual Property (AIPPI) visited China to further communication and cooperation between China and AIPPI in the field of intellectual property protection . Visiting delegates included Ms. Renata Righetti, AIPPI President, and Osha Liang's Managing Partner, Mr. Jonathan Osha, Reporter General of AIPPI.
VISITING BEIJING'S INTERNET COURT

Pictured below: 
Photos from a visit to Beijing's Internet Court on May 29th. 
Participants of the  2019 AIPPI Trilateral Meeting held on June 1st. 

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