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

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.
IP News
December 01, 2018
Converse v. ITC
The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up
November 01, 2018
Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."
Alleging the Existence of a Trade Secret in a Misappropriation Case
November 01, 2018
<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
The 'New NAFTA' and How It Will Affect Intellectual Property Law
November 01, 2018
The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.

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