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We found 1,281 results for "The Intellectual Property Strategist"...

IP News
April 30, 2008
Highlights of the latest intellectual property news from around the country.
What Is Reasonable?
April 30, 2008
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.
TiVo v. EchoStar: Federal Circuit Does the Time Warp
April 30, 2008
In <i>TiVo, Inc. v. EchoStar Commc'ns Corp.</i>, the Federal Circuit affirmed TiVo's $74 million judgment against EchoStar and reinstated TiVo's permanent injunction. If the parties could go back in time having the benefit of the Federal Circuit's decision, the patent-in-suit might be drafted differently and the claim construction arguments might be more persuasive. This article explores some of the lessons from the Federal Circuit's decision.
Who Owns the Web Site? Preventing Disputes Between You and Your Web Designer
April 30, 2008
Hiring an outside Web designer can be an efficient and effective way of ensuring a high-quality Web site for a company. However, when the relationship with the designer ends, the question of who owns the copyright in the Web site can lead to contentious and costly litigation.
IP News
March 28, 2008
Highlights of the latest intellectual property news from around the country.
Employees' Inventions: Who Owns What Rights?
March 28, 2008
What rights does an employer have in an employee's patent? The short answer is, it depends. The employer may have a right of assignment &mdash; that is, a right to outright ownership of the patent. Another possibility is a so-called 'shop right,' in which the employee owns the patent, but the employer has a non-exclusive, non-transferable license to use the invention in its business. There is also a distinct possibility that the employer has no rights whatsoever in the patent.
The Far-Reaching Effects of Inequitable Conduct
March 28, 2008
The Federal Circuit recently held that an applicant's failure to disclose material notes to the U.S. Patent and Trademark Office can result in a finding of inequitable conduct that may render a patent, and even related patents, unenforceable.
Boston Duck v. Super Duck: Court Rules That Sponsored Linking Can Ruffle Feathers
March 28, 2008
In <i>Boston Duck Tours, LP v. Super Duck Tours</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline trademark principles.
IP News
February 28, 2008
Recent news of importance to you and your practice.
Fantasy Baseball First Amendment Rights
February 28, 2008
Recently, the right of publicity of baseball players featured prominently in a federal appellate decision. <i>C.A.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.</i> The Eighth Circuit concluded that the First Amendment rights to run a fantasy baseball league by using the names, performance, and biographical data of professional baseball players superseded the players' rights of publicity.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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