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.
Chilly Adventures: Design Patent Prior Art Comparison Applies to Article of Manufacture
By Amol Parikh on Sep 28, 2023
Posted In Patents
Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.” Columbia Sportswear North America,...
Continue Reading
Tragic Ending: Award-Winning AI Artwork Refused Copyright Registration
By Amol Parikh on Sep 21, 2023
Posted In Copyrights
The US Copyright Office (CO) Review Board rejected a request to register artwork partially generated by artificial intelligence (AI) because the work contains more than a de minimis amount of content generated by AI and the applicant was unwilling to disclaim the AI-generated material. Second Request for Reconsideration for Refusal to Register Théâtre D’opéra Spatial...
Continue Reading
Copyright Office Seeks Comments on Artificial Intelligence
By Amol Parikh on Sep 21, 2023
Posted In Copyrights
The US Copyright Office (CO) issued a notice, seeking comments on copyright law and policy issues raised by artificial intelligence (AI) systems. Artificial Intelligence and Copyright, 88 Fed. Reg. 59942 (Aug. 30, 2023). The purpose of the notice is to collect factual information and views relevant to the copyright law and policy issues raised by...
Continue Reading
Less Is More: IPR Claim Amendments May Not Enlarge Claim Scope
By Amol Parikh on Sep 14, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a decision from the Patent Trial & Appeal Board denying a motion to amend claims during an inter partes review (IPR) proceeding, explaining that a claim amendment is improper if a proposed claim is broader in any respect relative to the original claims, even if...
Continue Reading
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....
Continue Reading
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 &...
Continue Reading
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,...
Continue Reading
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...
Continue Reading
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...
Continue Reading
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...
Continue Reading
