James Yang

James Yang is a patent attorney whose practice encompasses all areas of intellectual property law including patents, trademarks, copyrights and trade secrets.

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Infringement reversed based on court’s new language after jury trial

Infringement reversed based on court’s new language after jury trial

In litigation, a court construes the requirements of a patent claim and instructs the jury on what the claims require for infringement. The jury must follow these instructions to decide if the defendant has infringed the patent claims at issue.  If the jury finds infringement, the court can reverse the jury’s finding if there is […]

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SCOTUS reduces liability for indirect patent infringement

SCOTUS reduces liability for indirect patent infringement

The scope of patent protection of a patent is defined by the claims.  Ideally, the claims should be written in a variety of ways so that different entities along the distribution channel can be identified as direct infringers.  These entities include manufacturers, distributors, retailers and end users.  Each one of these entities may be sued […]

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Courts encourage clarity at USPTO to combat patent trolls

Courts encourage clarity at USPTO to combat patent trolls

Recently, there has been a push for clarity in patents because non-practicing entities and patent trolls have been accused of taking patents with ambiguous claim terms and construing those ambiguous terms to cover things beyond what is disclosed in the patent.  Since patent litigation costs are very high and even prohibitive, many businesses would rather […]

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Abstract ideas require something more for patent protection

Abstract ideas require something more for patent protection

Under U.S. patent laws, Section 101 states that “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” Judicially, the courts have limited the breadth of Section 101 by […]

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KSR distinguished making it harder to reject a claim

KSR distinguished making it harder to reject a claim

The KSR decision could have been construed very broadly so as to make all inventions obvious.  In the opinion, the Supreme Court held that rigid rules cannot override common sense when determining obviousness.  In its broadest terms, the examiner could merely state that a modification was obvious based on common sense, and thus deem the […]

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Everyone in the supply chain could be sued for patent infringement

Everyone in the supply chain could be sued for patent infringement

Patent owners can sue anyone up and down the chain of distribution for infringement of patent.  Manufacturers, distributors and end users are all possible litigants.  For example, the end user can be sued for using the patented invention.  The distributor can be sued for selling the patented invention. The manufacturer can be sued for making […]

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Online communications can be prior art against patent

Online communications can be prior art against patent

Under U.S. patent laws, an application for patent must be filed within one year of the first public use, sale, offer for sale, or printed publication.   Otherwise, those activities will be considered prior art against any later filed patent application.  With the rise of communication over the Internet, these bars to patentability (i.e., public use, […]

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Common ownership problems for those new to patents

Common ownership problems for those new to patents

For those new to protecting their inventions with patents, one of the more common issues that needs to be resolved is ownership.  Who owns the invention or patent?  A company may believe that it owns the rights to an invention.  However, a closer look at the law reveals that this may not be the case.  […]

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Power given to district courts to stop abusive litigation tactics

Power given to district courts to stop abusive litigation tactics

In the United States, each party generally pays their own attorney fees.  Shifting attorney fees to the non-prevailing party is permitted in certain circumstances. For example, in patent litigation, fee shifting is permitted for exceptional cases.  35 U.S.C. Section 285 states that “the court in exceptional cases may award reasonable attorney fees to the prevailing […]

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S.Ct. raises standard for definiteness in patent cases

S.Ct. raises standard for definiteness in patent cases

The claims in a patent are supposed to inform others about the scope of patent protection afforded under the patent so people know what the can and cannot be marketed regarding the patent.  In particular, the Patent Act requires that a patent specification “conclude with one or more claims particularly pointing out and distinctly claiming […]

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James Yang is an Orange County patent lawyer and welcomes potential clients throughout California including Orange County, Riverside County, Los Angeles, San Diego, Santa Ana, Irvine, Orange, Anaheim, Newport Beach, Huntington Beach, Tustin, Brea, Fullerton, Buena Park, Mission Viejo, Lake Forest, Laguna Niguel, Stanton, San Clemente, Laguna Hills, Laguna Niguel, Cypress, Laguna Beach, Coto de Caza, Costa Mesa, Aliso Viejo, Ladera Ranch, Dana Point and Foothill Ranch.
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