MONTHLY INSIGHTS

European Patent Office Declares Plants and Animals Exclusively Obtained by Essentially Biological Processes Are Not Patentable

On May 14th, 2020, the Enlarged Board of Appeal of the European Patent Office (EPO) might have ended a legal saga involving a string of G-decisions, by issuing opinion G 3/19 ("Pepper") and concluding that plants and animals exclusively obtained by essentially biological processes are not patentable .   READ MORE
"Willfulness" No Longer a Prerequisite for Recovery of Trademark Infringer's Profits

In April, the U.S. Supreme Court ruled that a trademark owner in a lawsuit for infringement may recover the infringer's profits as an element of money damages, without needing to prove that the infringement was willful. In Romag Fasteners, Inc. v. Fossil, Inc., the Court eliminated a rule that had served for decades to limit the categories of remedies available under the federal Lanham Act. The Romag decision, by removing a barrier to recovering an infringer's profits, should pr ovide trademark proprietors with greater incentive to file trademark infringement lawsuits.   READ MORE
Signs of Increasing Lost Profits Damages Awards in Japan May Signal Increased Value of Patent Ownership and Enforcement

A recent Japanese appellate court decision resulted in a four-fold increase over the lost profits damages awarded by the trial court. Whether the result of a 2019 revision to Japan's patent law or not, there are signs that obtaining and enforcing patents in Japan may be becoming more valuable than believed in the past.   READ MORE
statue outside front of Supreme Court Washington DC
U.S. Supreme Court 2020 Update
 - What's Still Undecided?

So far in 2020, the U.S Supreme Court has decided that states cannot be sued for copyright infringement, that PTAB IPR institution decisions regarding time bar issues are not appealable, and that proof of "willful" infringement is not a statutory prerequisite to a trademark owner's obtaining disgorgement of the infringer's profits as a remedy. The Court is not finished deciding the intellectual property cases before it, however. What cases remain for decision at this time?  READ MORE
COVID-19 Update: 
USPTO Again Extends Certain Deadlines
 
The COVID-19 has imposed various hardships that have fallen hardest on small businesses and individual inventors.  Accordingly, on May 27, 2020, the United States Patent and Trademark Office further extended the time to file certain patent-related documents and to pay certain required fees under its temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).   READ MORE  
HAPPY ANNIVERSARY

Founded in May 1998 by Global Chair Jonathan Osha, Osha Liang LLP commemorates its 22nd anniversary  this year. 

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