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

U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation
September 01, 2021
The U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz to address the following question: "Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?"
USPTO Looking to Beef Up Its Own Trademark Protection
September 01, 2021
The agency announced that the Department of Commerce has applied to register the USPTO's marks in a bid to crack down on scammers who are impersonating the agency.
IP News
September 01, 2021
Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101 Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
August 01, 2021
For the foreseeable future, patent applications involving artificial intelligence technologies will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
U.S. Supreme Court Narrows Assignor Estoppel Doctrine In Continuation Patent Case
August 01, 2021
Nearly a century after endorsing the doctrine of assignor estoppel, the Court concluded that it applies "when, but only when, the assignor's claim of invalidity contradicts explicit or implicit representations he made in assigning the patent."
Supreme Court Looking to Resolve Federal Circuit Split In Patent Act §101 Case
August 01, 2021
The Supreme Court is considering a petition in a §101 case, in which the Federal Circuit split six-to-six in denying rehearing en banc, and in which the Supreme Court recently called for the views of the Solicitor General.
U.S. IP Reform Needed to Prepare for AI Era
August 01, 2021
For the U.S. to maintain its technological edge, it must encourage Americans to make more discoveries in AI and other emerging technologies. This in turn requires providing strong IP rights to incentivize and protect the huge investments required to make those discoveries.
IP News
August 01, 2021
Federal Circuit, Citing Forum-Shopping, Transfers Patent Cases to California
Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
July 01, 2021
The U.S. Court of Appeals for the Second Circuit recently took that issue up as an "issue of first impression," explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.
U.S. Supreme Court Largely Upholds IPR Proceedings In 'Arthrex'
July 01, 2021
In a decision authored by Chief Justice Roberts, the Supreme Court ruled that the statutory scheme appointing PTAB administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S. Constitution.

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  • 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.
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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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