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We found 1,377 results for "The Intellectual Property Strategist"...

UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?
July 01, 2022
In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.
Quebec's Bill 96 and Trademarks: Product Packaging and Labelling
July 01, 2022
The modifications brought by the Quebec's Bill 96 will have a far-reaching impact on how businesses use trademarks on product packaging, labelling, public signage and in commercial advertising. This article is Part One of a two-part series on Bill 96 and trademarks and covers the effects as they relate to product packaging and labelling and how best to comply with these new provisions.
Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs
July 01, 2022
Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?
NFTs and IP Protection
July 01, 2022
the legal frameworks governing NFTs — which could significantly impact the risks and rewards of buying or selling NFTs — are still catching up. This article addresses another key legal dimension of NFTs: intellectual property protections.
IP News
July 01, 2022
Federal Circuit: Judicial Correction Appropriate Where Correction Is Not Subject to Reasonable Debate Federal Circuit Vacates Dismissal of Declaratory-Judgment Claim of Noninfringement and Remands for Further Proceedings
Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders
July 01, 2022
It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.
Recommendations for Evolving Patent Eligibility of Hardware
June 01, 2022
Regardless of whether a patent practitioner's clients favor a stricter or more lenient eligibility regime, patent eligibility decisions continue to evolve. We need a line drawn for what practitioners expect to be clearer. Hardware inventions are facing patent eligibility challenges that would have seemed more likely in software inventions. Recent court decisions have shown that what once made a hardware invention eligible may no longer fly.
Fishing for Joint Patent Ownership Under 'BASF v. CSIRO'
June 01, 2022
A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.
'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit
June 01, 2022
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement
June 01, 2022
In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.

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  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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  • The Stranger to the Deed Rule
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