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

Rights and Obligations In Patent Licenses
September 01, 2019
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.
Did Congress Create Unintended Risks to Innovators In the AIA? 
September 01, 2019
Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.
SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement
September 01, 2019
The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
August 01, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment
August 01, 2019
Iancu v. Brunetti The Supreme Court held the bar against registration of immoral or scandalous marks "collided" with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.
Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
August 01, 2019
The U.S. Supreme Court issued its long-awaited decision in <i>Mission Product Holdings, Inc. v. Tempnology </i>, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
Takeaways from the Recent Qualcomm Decision
July 01, 2019
The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
Reflections on Potential Legislative Reform of the Patent Eligibility Standard
July 01, 2019
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
States Not Immune from PTAB Proceedings, Federal Circuit Rules
July 01, 2019
Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.
IP News
July 01, 2019
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success<br>Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed

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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.
    Read More ›