James Yang

James Yang

James Yang is a patent attorney and helps inventors and mid-sized businesses secure intellectual property protection for their inventions. He also publishes articles relating to the patent system at OC Patent Lawyer and is a a principal at Stetina Brunda Garred and Brucker.


Posts by James Yang


A Claim of priority Cannot Be Made With an Incorporation by Reference

Upon filing a patent application, the USPTO mails a filing receipt.  The domestic and foreign claim of priority is stated and should be checked to make sure …
By James Yang
1 month ago 1

Claimed and prior art ranges must have meaningful difference for nonobviousness

Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
By James Yang
2 months ago 3

Top Patent Blogs for 2018

This is an update for the Top Patent Blogs post that I published back in 2011... In preparing for this Top Patent Blogs post, I reached out to …
By James Yang
5 months ago 13

BRI and how it increases an obviousness determination

Owens Corning v. Fast Felt (Fed. Cir. 2017) illustrates an example of how the broadest reasonable interpretation (BRI) standard increases the chances that an obviousness argument could successfully …
By James Yang
8 months ago 1

Patent Drafting Tip: A comma affects meaning of items in list

The issue was whether the comma in the phrase ", otherwise available to the public" meant that the phrase also modifies the phrase "on sale." If the phrase ", …
By James Yang
1 year ago 4

Supreme Court holds belief of invalidity not a defense to inducement liability

In both theories of indirect patent infringement (i.e., inducement of patent infringement and contributory infringement), the patent owner must show that the defendant knew its activities …
By James Yang
3 years ago 3

Federal Circuit Limits Divided Infringement in Akamai v. Limelight

The opinion provides guidance in terms of when divided infringement actually imposes liability for patent infringement. When a mastermind offloads one or more steps of a claimed …
By James Yang
3 years ago 1

CAFC Encourages Awards of Fee Shifting in Kilopass v. Sidense

In Kilopass Tech., Inc. v. Sidense Corp. (Fed. Cir. December 26, 2013), in a 2-1 decision, the majority suggested that the fee shifting provisions of 35 U.S.C. §285 have …
By James Yang
4 years ago 0

Updating the Top Patent Blogs

As you click through to each of the blogs, you will notice the content on each of the blogs is different. Patentlyo.com appears to be statistically …
By James Yang
7 years ago 19