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

IP News
July 31, 2025
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
July 31, 2025
On July 23, 2025, the Ninth Circuit issued a pivotal decision regarding digital art, blockchain technology, and trademark law. The ruling not only clarifies that non-fungible tokens (NFTs) are protectable “goods” under federal trademark law, but also sets important standards for how courts should analyze consumer confusion, fair use, and First Amendment protections surrounding artistic expression in the rapidly evolving NFT marketplace.
Copyrights Battles and the Downfall of EU AI Act
July 31, 2025
While the EU AI Act certainly deserves compliments for both its pioneering nature and numerous thoughtful provisions aimed at the efficient and effective regulation of modern AI, it is not without its drawbacks.
Med Tech Patent Case Offers Examples for AI Enabled Innovation In Any Industry
July 01, 2025
While the case discussed in this article involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries. Patent applicants should expect to see reliance by the Patent Office not only on its 2019 Guidance but also on its examples illustrating application of the guidance in the context of AI related innovation.
IP News
June 30, 2025
Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 VaccineFederal Circuit: PTAB Did Not Err In Finding that Prior Art Reference Disclosed Negative Limitation Without Stating a Feature’s Absence
Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited
June 30, 2025
A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
Liability Management Exercises: Read the Fine Print
June 30, 2025
Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act
June 30, 2025
In today’s competitive marketplace, a company’s most valuable assets are often not found on its balance sheet. The proprietary formulas, customer databases, pricing models, and operational processes that give businesses their competitive edge represent intellectual capital that can literally be worth millions — or lost in an instant. As innovation drives business success, protecting these trade secrets has become critical to maintaining market position and profitability.
The Suspension Bridge Effect: Why Trademark Attorneys Must Protect Entire Brand Systems, Not Just Individual Marks
June 30, 2025
In brand protection, as in bridge engineering, the strength of brand differentiation (trademark distinctiveness) depends on the integrity of each supporting cable. When one snaps, the question is not only whether you can fix that component, but also whether the whole structure will hold together long enough for the repair crew to arrive.
Leveraging Patent Office Examples for AI Enabled Innovation In Any Industry
June 30, 2025
In Ex parte Michalek, the PTAB evaluated an invention involving medical health technology and artificial intelligence. While this case involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • 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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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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