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

The World of NFTs and Their Implications In Intellectual Property Law
May 01, 2021
NFTs have been all the rage in the world. So what exactly are NFTs, and how do they reconcile with the basic tenets of intellectual property law?
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.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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