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We found 1,293 results for "The Intellectual Property Strategist"...

The Impact of <i>TC Heartland</i> on Copyright Venue
August 01, 2017
The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.
Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks?
August 01, 2017
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
IP News
August 01, 2017
Federal Circuit Vacated The Denial of an Injunction Because a Causal Nexus for Multi-Feature Products Only Requires a Feature to be 'A Driver' of Demand<br>District Court Abused Discretion In Denying Attorneys' Fees, Where Plaintiff Continued to Litigate After Markman Order Made Its Position Untenable
<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress
July 03, 2017
Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
IP News
July 02, 2017
Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer<br>Federal Circuit Decisions Offer Guidance on Award of Attorney Fees under Section 285
Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision
July 01, 2017
The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
Transactions Triggering the 35 USC §102 On-Sale Bar
July 01, 2017
Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.
<b><i>BREAKING NEWS</i></b><br>Michelle Lee Resigns as PTO Director
June 07, 2017
Michelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.
Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation
June 02, 2017
Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Emerging Issues In the DTSA's Second Year
June 02, 2017
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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