Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search

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

Litigating Redesigns At the ITC
March 01, 2022
An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.
Building AI and Machine Learning Technologies: Data Licensing Tips and Traps
March 01, 2022
Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI models. Companies may be well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.
IP News
March 01, 2022
Federal Circuit: Applicant Admitted Prior Art Cannot Provide a "Basis" for a Ground of Unpatentability in an IPR, But Can be Cited for Other Purposes Federal Circuit: After SAS, IPR Estoppel Extends to Prior-Art Grounds That Reasonably Could Have Been Raised in the Petition
CA Court of Appeal Offers Insight on Business Consulting vs. Legal Services In Entertainment Case
February 01, 2022
The question has been frequently debated in the legal community: What is the difference between an attorney providing business consulting services or acting as legal counsel? The California Court of Appeal recently issued an opinion on the concern.
Issues Addressed In Supreme Court 'Unicolors' Argument
February 01, 2022
Some of the major issues the court addressed in the Unicolors oral argument, and some questions that are likely to remain open no matter the outcome.
Clarity on Patent Eligibility Law Could Be Coming In 2022
February 01, 2022
The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.
How to Protect a Website's Legal Identity
February 01, 2022
Internet site legal identity theft is becoming increasingly more sophisticated and common. If successful, a third party can use the theft of a legal identity to secure confidential information, harm marketing brand value, diminish good will and steal customers. Internet sites may employ legal, business, and technological means to protect their legal identities.
Due Diligence Can Mitigate Trademark Risk
February 01, 2022
How can one launching a new trademark mitigate the risk of rejection or infringement on the basis of likelihood of confusion with an existing mark? The primary strategy is trademark searching.
IP News
February 01, 2022
Evolusion Concepts, Inc. v. HOC Events, Inc. Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc.
Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive
January 01, 2022
The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
    Read More ›
  • 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.
    Read More ›