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We found 1,371 results for "The Intellectual Property Strategist"...

IP News
March 01, 2019
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA<br>New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for <i>Inter Partes</i> Review
11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements
February 01, 2019
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor's product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
The USPTO Brings New Guidance to the Section 101 Quandary
February 01, 2019
<b><i>Part Two of a Two-Part Article</b></i><p>USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
IP News
February 01, 2019
Kapoor v. National Rifle Association of America
Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity
January 01, 2019
Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
Use of Arbitration In Place of Inter Partes Review Proceedings
January 01, 2019
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
IP News
January 01, 2019
Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension <br>Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context<br>Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent
An Overview of Recovering Trademark Infringement Damages
December 01, 2018
This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon
December 01, 2018
How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB's decision upholding the patent's validity.
U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise
December 01, 2018
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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