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

Protecting Your Patent: How a Vet-Owned AI Company Safeguarded Its IP
June 26, 2025
Military-owned businesses often possess unique technological advantages derived from years of research, development, and practical application. One veteran-owned company’s journey — combined with a patent attorney’s experience preparing and filing patent applications — provides valuable insight into what veterans should do to safeguard their intellectual property.
IP News
June 01, 2025
In a recent decision, the U.S. Court of Appeals for the Second Circuit addressed application and analysis of the fair use doctrine under copyright law, and reversed the district court’s finding of fair use. In an unusual situation, the lower court had dismissed the complaint sua sponte, although the defendant’s time to respond to the complaint had expired.
Divided Over Damages: Courts Split On Whether Failure to Mark Precludes All, or Only Some, Pre-Suit Damages
May 31, 2025
Only a few district courts have addressed the failure to mark in recent years — but they’ve reached directly opposing conclusions. This article analyzes the conflicting authorities and their reasoning, and it provides guidance to litigants on best practices given the conflict between district courts.
Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow’s “Manufactured in the USA 100%” Label
May 31, 2025
On April 8, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
The Curious Persistence of the Six-Factor Trade Secret Test, Part 2
May 31, 2025
This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.
Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
May 31, 2025
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2
May 31, 2025
This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
The Curious Persistence of the Six-Factor Trade Secret Test
April 30, 2025
This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.
Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age 
April 30, 2025
Today, building brands solely on the promise of a different product or service has become unsustainable. Any “new and improved” feature or benefit is quickly eclipsed by competitors. Consequently, brands signal category superiority not through rational claims, but by reinforcing a distinct persona — a “ness” comprised of distinguishing traits and behaviors that form an ownable brand essence difficult for competitors to replicate.
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings
April 30, 2025
Part One of a Two-Part ArticleThis two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. It also addresses considerations for petitioners to consider when developing their initial and ongoing invalidity strategies. Part One leads off with a discussion of the evidentiary requirements for proving earlier invention, conception and diligence and actual reduction in practice.

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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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