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

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle'
May 01, 2021
The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google's Android mobile platform had infringed Oracle's Java programming language's copyright. However, the Court did not answer the question of whether specific components of computer software qualifies for copyright protection at all.
Not Your Property, Your Business: When Customized Products Become the Business of Rights Holders and Courts
May 01, 2021
In some instances the appearance of third-party intellectual property on items purchased, owned and customized by the purchaser may be legal under the doctrines of first sale and fair use.
Employment Law Considerations In Bankruptcy
May 01, 2021
This article addresses some of the relevant employment laws and litigation vulnerabilities that companies, including their owners, officers and directors, should consider before ceasing operations or filing for bankruptcy.
IP News
May 01, 2021
Federal Circuit: The Doctrine of Equivalents Is Not a Binary Choice Federal Circuit: No Estoppel for Party That Joined IPR
Say What? Are PTAB Judges Really 'Inferior Officers'?
April 01, 2021
United States v. Arthrex, Inc. Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.
Implications of 'Amgen v. Sanofi' On the State of Enablement Law
April 01, 2021
The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the "full scope" of enablement that have engendered some confusion in the law.
Synergizing Patents to Drive Innovation and Growth
April 01, 2021
As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.
Equity In Broad and Flexible Fashion
April 01, 2021
Federal Circuit Wasn't Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term "protection of investments" in 35 U.S.C. §252.
IP News
April 01, 2021
On March 12, the Federal Circuit granted Janssen Pharmaceutica's motion to dismiss Mylan Laboratories' appeal and denied Mylan's request for mandamus relief, holding that it lacked jurisdiction to hear Mylan's appeal.
A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
March 01, 2021
In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties' confidential business information (CBI).

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    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.
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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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