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

The Human Factor In Information Security
January 01, 2017
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
Supreme Court Rules on Design Patent Damages<br><i>Samsung Electronics Co. Ltd. et al. v. Apple Inc.</i>
January 01, 2017
On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute.
IP News
January 01, 2017
Federal Circuit: PTAB Used Overly Broad CBM Patent Standard<br>Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date
The 'Death Spiral' Of U.S. Malls
January 01, 2017
One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.
<b><i>BREAKING NEWS</b></i><br>Supreme Court Agrees to Hear Blockbuster Patent Venue Case
December 15, 2016
In a win for the tech industry, the U.S. Supreme Court agreed on Dec. 14 to hear a case that could move patent cases out of the Eastern District of Texas.
<b><i>Online Extra</b></i><br>Apple Loses to Samsung in Supreme Court Design Patent Case
December 06, 2016
The U.S. Supreme Court unanimously ruled in favor of Samsung Electronics on Dec. 6 in its titanic patent dispute with Apple Inc. over design features copied from Apple iPhones.
Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges
December 01, 2016
The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
Salvaging a Patent After a Post-Grant Proceeding
November 02, 2016
When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.
Law Firms, Meet Your New Regulator: Your Clients
November 01, 2016
While major banks, retailers, hospitals and insurance companies were the brick and mortar of a growing media monument to hubris and cyber overconfidence, law firm breaches went mostly unnoticed. That is, until government agencies and law enforcement grew concerned that the wealth of intellectual property curated by law firms could be used to manipulate financial markets by front running trades.
Software and Business Method Inventions After <i>Alice</i>
November 01, 2016
As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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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.
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  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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