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

IP News
April 01, 2018
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101
Will the Supreme Court Seismically Shift the Patent Damages Landscape in <i>WesternGeco v. ION</i>?
March 01, 2018
The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
Even the Value of the Smallest Salable Unit Must Be Apportioned
March 01, 2018
<i><b>Finjan, Inc. v. Blue Coat Sys., Inc.</b></i><p>The Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.
Takeaways from the Swift End to <i>Waymo v. Uber</i>
March 01, 2018
The details might not be quite as dramatic as they were in <i>Waymo v. Uber</i>, but lawyers expect trade secrets to continue to be a fertile source for litigation.
IP News
March 01, 2018
Federal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement<br>Patent Trial and Appeal Board Holds Sovereign Immunity No Defense to IPR Petition Brought by Accused Infringer
Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal
February 01, 2018
On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.
Trademark Board's Precedential Ruling on Use in Commerce
February 01, 2018
In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration
February 01, 2018
<b><i>Refusal Is an Unconstitutional Violation of Free Speech</b></i><p>On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.
The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment
February 01, 2018
On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in <i>Signature Mgmt. Team, LLC v. Doe</i>. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.
IP News
February 01, 2018
Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO<br>Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious<br>Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO

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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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