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.
Keep Calm and Party On: New Issue Prohibition Doesn’t Apply to Motions to Amend
By Amol Parikh on Jan 25, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness determination, explaining that inter partes review (IPR) statutory provisions that prohibit an otherwise time-barred party from introducing new issues into the proceeding do not apply to motions to amend. CyWee Group Ltd. v. ZTE (USA), Inc. et al.,...
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PTO Creates Separate Design Patent Bar
By Amol Parikh on Dec 7, 2023
Posted In Patents
The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 Fed. Reg. 78644 (Nov. 16, 2023).) Prior to this rulemaking, there was a single patent bar for those who practice in patent matters before the...
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Suite! Claim Splitting Privity Focuses on Party Relationship, Not Claim Relationship
By Amol Parikh on Nov 2, 2023
Posted In Trade Secrets
The US Court of Appeals for the Fifth Circuit revived a hotel group’s federal trade secret suit against two former employees, finding that the district court did not have enough information to conclude that the hotel group improperly split claims between federal and state actions. Armadillo Hotel Group, LLC v. Harris, Case No. 22-50945 (5th...
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Rough Seas Ahead? Supreme Court to Reconsider Chevron Doctrine
By Amol Parikh on Oct 26, 2023
Posted In Cert Alert
The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the agency to administer. Relentless, Inc. v. Department of Commerce, Case No. 22-1219 (Supr. Ct., Oct. 13, 2023) (certiorari granted). The question...
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Seeking Harmony: Supreme Court to Consider Retrospective Relief for Timely Copyright Claims Under Discovery Rule
By Amol Parikh on Oct 5, 2023
Posted In Cert Alert
The Supreme Court of the United States agreed to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed. Warner Chappell Music, et al. v. Nealy, Case No. 22-1078 (Supr. Ct., Sept. 29, 2023) (certiorari granted). The specific...
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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,...
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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...
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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...
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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...
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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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