Vincent Li, PhD
Subscribe to Vincent Li, PhD's PostsVincent Li, PhD advises clients, particularly pharmaceuticals and life sciences companies, through all phases of patent litigation and arbitration, including pre-suit investigations. Vincent has first-hand experience representing companies in inter partes review proceedings involving compound patents. He also regularly assists clients in many aspects of patent law, including due diligence in support of purchase and sale agreements or purchase of royalty streams, patent prosecution and portfolio management, and freedom to operate analyses and opinions. Read Vincent Li's full bio.
Resolution impossible: Lower resolution prior art is analogous art to higher resolution claims
By Vincent Li, PhD on Aug 27, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decision finding that prior art disclosing a low-resolution system was analogous prior art to claims directed to a high-resolution system for purposes of obviousness under 35 U.S.C. § 103. The Nielsen Company (US), LLC v. TVision Insights, Inc., Case...
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It’s a wrap: Constructive discovery under copyright statute of limitations
By Vincent Li, PhD on Jul 30, 2026
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed summary judgment dismissing a copyright infringement claim as untimely, finding that the extensive publicity surrounding the accused works, combined with the copyright owner’s ties to Italy and the local art community, meant that a reasonably diligent owner should have discovered the alleged infringement years before...
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Bond order doesn’t qualify for immediate appeal
By Vincent Li, PhD on Jan 8, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit reaffirmed strict limits on interlocutory review, finding that a bond order, even one imposing significant financial obligations, is not directly appealable. Micron Technology, Inc., et al. v. Longhorn IP LLC, Case No. 23-2007; Katana Silicon Technologies LLC v. Micron Technology, Inc., et al., Case No. 23-2095...
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All the Way Up to the Second Circuit, and Back
By Vincent Li, PhD on Nov 16, 2023
Posted In Copyrights
The US Court of Appeals for the Second Circuit vacated a grant of summary judgment made prior to discovery, holding that the district court abused its discretion in finding a draft contract agreement admissible under Federal Rule of Evidence (FRE) 1003 notwithstanding sworn testimony questioning its contents. Eric A. Elliott, aka Fly Havana v. Joseph...
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Cover-Up Isn’t Covered Under VARA
By Vincent Li, PhD on Aug 31, 2023
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed that the Visual Artists Rights Act of 1990 (VARA) does not prohibit covering an artist’s mural where there is no damage to the mural. Samuel Kerson v. Vermont Law School, Inc., Case No. 21-2904 (2d. Cir. Aug. 18, 2023) (Livingston, Cabranes, Kovner, JJ.) In 1993,...
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Don’t Dew It: Second Circuit Cans Likelihood of Confusion Argument
By Vincent Li, PhD on Aug 11, 2022
Posted In Trademarks
The US Court of Appeals for the Second Circuit reversed and vacated a district court’s preliminary injunction grant because the district court erred in assessing the strength of a trademark. RiseandShine Corporation v. PepsiCo, Inc., Case No. 21-2786 (2d Cir. July 22, 2022) (Leval, Chin, Menashi, JJ.) Rise Brewing began selling canned coffee under the...
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Clearly, the Disclosure Was an Error
By Vincent Li, PhD on Jul 21, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) finding that claimed subject matter was not disclosed in asserted prior art where the prior art reference contained an “obvious error of a typographical or similar nature that would be apparent to one of ordinary skill in the...
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Apply That Formulation: Presumption of Obviousness Based on Overlapping Ranges
By Vincent Li, PhD on Mar 24, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit found a method of treatment claims pertaining to topical formulations to be obvious, applying the presumption of obviousness of overlapping ranges theory. Almirall, LLC v. Amneal Pharmaceuticals LLC & Amneal Pharmaceuticals of New York, LLC, Case No. 020-2331 (Fed. Cir. Mar. 14, 2022) (Lourie, Chen, Cunningham,...
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