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  • PODCAST: How to Best Protect Yourself When a Customer Files Bankruptcy

    In this episode of our Procopio Perspectives podcast series, Partner Miku Mehta and Of Counsel William Smelko inform suppliers on defending against preference claw back claims in U.S Bankruptcy cases, where a customer may have filed for bankruptcy. Topics include: Payment Matters: Get paid, don’t get behind. Payment Receipt Matters: Cash checks promptly. Timing Matters: Organize and Calendar dates of orders, shipments, invoicing and payment dates. Promptness Ma...

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  • PODCAST: Patent Troll Litigation is on the Upswing

    In this episode of our Procopio Perspectives podcast series, Procopio Partners Miku Mehta and Robert Sloss of our Silicon Valley office discuss what you need to know about patent troll litigation and why it's on the upswing. Topics include: Despite COVID-19, patent trolls are filing more new lawsuits, with Asian companies being targeted The reasons for this increase include the economic effects caused by COVID-19 There are things companies can do to defeat these new ca...

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  • PODCAST: Can I Still Export Semiconductor, Telecommunication, or AI Technologies to Huawei?

    In this episode of our Procopio Perspectives podcast series, Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones discuss what you need to know about recent restrictions on exports to Huawei of various technologies including 5G, Semiconductor and AI Technologies. Please visit our Simplecast channel, where you can play or download the episode or subscribe through Apple, Spotify or Google. ...

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  • U.S. Commerce Department Bans Export of Certain Self-Driving Vehicle Software

    By Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule January 6, 2020, banning the export of certain “geospatial imagery” software technology to all countries except Canada effective immediately. The software is specified under the Export Control Classification Number (ECCN) 0Y521 series (specifically ECCN 0D521), and there are no exceptions to the license requir...

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  • Recent Court Decisions Drive Strategic Approaches to Pursuing Sound Patent Protection

    By Procopio Partners Robert H. Sloss and Miku H. Mehta The art of drafting patent applications and the task of litigating patents continue to evolve, driven by changes in review processes at the U.S. Patent and Trademark Office (USPTO) and rulings in the Federal Circuit. In particular, we have seen a dramatic change in both the risks and benefits associated with functional claim drafting. Of note to anyone dealing with patents are two recent Federal Circuit decisions that continue the tre...

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  • U.S. Limits and Extends Temporary General Export License Related to Huawei Technologies

    By Procopio Partner Miku H. Mehta and Senior Associate Michael Jones On August 19, 2019, the U.S. Bureau of Industry and Security (BIS) revised the “temporary general license” or “TGL” we had previously highlighted to further restrict exports to Huawei and its affiliates, effective immediately and expiring on November 18, 2019.*  The revised TGL limits permissible exports, eliminates export authorization for non-public activities associated with 5G standard implementation, an...

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  • Next Steps for Companies Following the Latest U.S. Government Export Ban

    By Procopio Partner Miku H. Mehta and Senior Associate Michael C. Jones A recent change in U.S. export control regulations requires all U.S.-based entities (including subsidiaries of foreign-headquartered companies) to immediately stop exporting most technologies to Huawei and several of its related entities. Violations of these regulations can result in fines and/or imprisonment. U.S.-based entities that export technology and products, as well as overseas companies that receive U.S.-base...

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  • Where do Patent Owners Fit in the Current Federal Circuit-USPTO Patentability Divergence?

    By Procopio Partners Miku H. Mehta and Robert H. Sloss Intending to bring more clarity and consistency to the patent examination process, the U.S. Patent and Trademark Office (USPTO) has been issuing new examiner guidelines over the last year focused on 35 USC 101. These include the so-called Berkheimer memo of April 19, 2018 (relating to step 2B analysis) and new subject matter eligibility guidelines announced on January 4, 2019 (relating to step 2A analysis). A Procopio colleague recent...

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  • Key Takeaways From the U.S. Supreme Court's Patent Decision Regarding Prior Art and Secret Sales

    By Procopio Partner Miku H. Mehta and Attorney Ernest Huang Nearly eight years after the passage into law of the America Invents Act of 2011 (AIA), the U.S. Supreme Court is still weighing in on the historic reform’s impact on established patent law. In a closely watched case within the patent community, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229 (Jan 22, 2019) the High Court ruled that the AIA did not upset long-understood interpretations of how sal...

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  • Significant New Patent Office Rule Reshapes Strategic Approaches to Patent Claim Challenges

    By Procopio Partner Miku H. Mehta In a significant decision that promises to impact strategic thinking in patent claim challenges, the U.S. Patent and Trademark Office (USPTO) will soon adopt the same reading of claims in Patent Trial and Appeal Board (PTAB) post-grant proceedings as that used in federal district court. Any inter partes review (IPR), post-grant review (PGR) or covered business method patent review (CBM) filed with PTAB on or after November 13, 2018, will be subject to the...

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