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

Patent Reform Bills Target Patent Trolls
July 02, 2015
On Sept. 16, 2011, the America Invents Act became effective, including provisions directed at non-practicing entities, commonly known as "patent trolls." Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills.
IP News
July 02, 2015
Federal Circuit Interprets 'Broadest Reasonable Interpretation' Claim Construction Standard <br>Federal Circuit: Order Vacated After Claim At Issue Was Cancelled<br>Fed. Circuit: Claim Construction Based on Understanding of 'One Skilled In the Art' Is Reviewed For Clear Error
No Direct Infringement Unless A 'Single Entity' Performs Each and Every Method Step
July 02, 2015
In <i>Akamai Technologies,</i> the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.
Apple's iPhone User Interface Held Functional for Trade Dress Infringement, But Not Design Patent Purposes
July 02, 2015
In the long-running <i>Apple v. Samsung</i> dispute, the Federal Circuit has highlighted a marked difference between the effectiveness of trade dress and design patents in protecting the visual characteristics of a product, which could potentially cost Apple hundreds of millions of dollars in lost damages.
Using a Service Mark In Commerce
June 02, 2015
The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.
IP News
June 02, 2015
Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration<br>Federal Circuit: The PTO's Refusal to Terminate IPR Proceedings Is Not a 'Final Agency Action'
Federal Circuit Weighs in on a Lower Standard For Attorney Fee Awards
June 02, 2015
The Federal Circuit recently clarified the standard for an award of attorney fees under 35 U.S.C. '285 in <i>Oplus Technologies, Ltd. v. Vizio, Inc.,</i> holding that the record in the district court did not support a denial of attorney fees.
Federal Circuit To Revisit Patent Exhaustion <i>En Banc</i>
June 02, 2015
The Federal Circuit is set to hear argument <i>en banc</i> in <i>Lexmark International, Inc. v. Impression Products, Inc.,</i> a case involving two critical aspects of patent exhaustion.
International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement
June 02, 2015
Effective May 13, 2015, applicants can file international design patent applications in a single, standardized application via the USPTO designating any of more than 62 territories, including the U.S. and European Union (EU), and can receive the same effective filing date in each jurisdiction. This important opportunity comes as the U.S. accedes to the Geneva Act of the Hague Agreement.
IP News
May 02, 2015
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA

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