Amol Parikh
Subscribe to Amol Parikh's PostsAmol Parikh concentrates his practice on intellectual property litigation, counseling and procurement. He draws on his trial and litigation experience in combination with his engineering training to quickly identify intellectual property issues and develop creative strategies to address them. Amol’s work on behalf of clients has earned him recognition in many industry publications. Most recently, Amol was recognized in February 2019 with the International Law Office’s “2019 Client Choice Award” for Intellectual Property in Illinois. The award recognizes “excellent client care” and the “ability to add real value to clients’ business above and beyond the other players in the market,” and winners may only be nominated by corporate counsel. Read Amol Parikh's full bio.
Don’t Be So Stern: Copying Carries Significant Weight in Assessing Objective Evidence
By Amol Parikh on Aug 31, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision invalidating a patent, finding that the Board erred in assessing nexus and weight to be accorded to objective evidence of nonobviousness. Volvo Penta of the Americas, LLC v. Brunswick Corp., Case No. 22-1765 (Fed. Cir. Aug....
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RIP for POP: PTO Updates Interim Director Review Procedures
By Amol Parikh on Aug 3, 2023
Posted In Uncategorized
On July 24, 2023, the US Patent & Trademark Office (PTO) announced that a revised interim Director Review (DR) process and Appeals Review Panel (ARP) process will replace the Precedential Opinion Panel Process. Updates to the interim DR process include the following: Expanding the process to permit parties to request DR of Patent Trial &...
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PTO Seeks Comments on Strategies to Address Counterfeiting and Piracy
By Amol Parikh on Jun 8, 2023
Posted In Uncategorized
On May 25, 2023, the US Patent & Trademark Office (PTO) requested comments on strategies to address counterfeiting and piracy. The PTO requested information on current anti-counterfeiting and anti-piracy strategies that have proven effective, as well as ideas for future strategies. The PTO requested comments on the 14 points listed below. Respondents may address any,...
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Well Runs Dry: Summary Judgment Denial Supports Non-Exceptional Case Finding
By Amol Parikh on Jun 1, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of attorneys’ fees, explaining that when a district court denies summary judgment and allows a plaintiff’s case to proceed, the district court effectively determines that the position of the party opposing summary judgment is not objectively baseless. OneSubsea IP UK Limited...
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PTO Proposes Trademark Fee Increases
By Amol Parikh on May 25, 2023
Posted In Trademarks
On May 8, 2023, the US Patent & Trademark Office (PTO) announced proposed trademark fee increases. The proposed fee increases are the result of lower revenue than previously forecasted and higher-than-expected inflation. Aggregate PTO operating costs are projected to exceed aggregate fee revenue beginning this fiscal year. To encourage efficient application filing behaviors, enhance the...
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Pending Appeal Does Not Divest Board of Statutory Authority to Institute IPRs
By Amol Parikh on May 18, 2023
Posted In America Invents Act, Patents
In a case involving sua sponte review, the Director of the US Patent & Trademark Office (PTO) vacated an inter partes review (IPR) decision denying institution, found that the Patent Trial & Appeal Board had statutory authority to institute IPR review of a claim that had been previously found invalid by a district court under...
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PTO Proposes Patent Fee Increases
By Amol Parikh on May 4, 2023
Posted In Patents
The US Patent & Trademark Office (PTO) announced proposed patent fee increases. Patent fees would increase by about 5% across the board because of inflation. Certain fees would be increased by substantially more than the 5% inflationary increase to reduce subsidization from other fee sources. For example, the overall design patent fees would increase by...
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Reaching New Lights: Inherent Upper Limit Enables Open-Ended Range
By Amol Parikh on Apr 27, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed an International Trade Commission decision finding a § 337 violation. The Court concluded that the Commission correctly found that an open-ended claim was enabled since there was an inherent upper limit and correctly construed the term “a” to mean “one or more” in finding infringement....
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PTO Requests Comments on Revisions to AIA Trial Proceedings
By Amol Parikh on Apr 27, 2023
Posted In America Invents Act, Patents
On April 21, 2023, the US Patent & Trademark Office (PTO) announced that it is seeking public input on proposed modifications to the rules of practice for inter partes reviews (IPRs) and post grant reviews (PGRs) before the Patent Trial & Appeal Board to better align the practices with the PTO’s mission to promote and...
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PTO to Host Listening Session on Role of AI in Innovation
By Amol Parikh on Apr 13, 2023
Posted In Patents
As previously reported, the US Patent & Trademark Office (PTO) published a Request for Comments Regarding Artificial Intelligence and Inventorship, seeking input from stakeholders on inventorship issues that may arise as artificial intelligence (AI) and emerging technologies play a greater role in the innovation process. In the wake of the request, the PTO published a Notice...
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