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

<i>Ariosa Diagnostics v. Sequenom </i>
October 02, 2015
On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
IP News
September 30, 2015
Federal Circuit: In An IPR Proceeding, The Burden Lies With The Petitioner To Show 'Substantial Evidence' That The Prior Art Patent Is Entitled To The Priority Date Of Its Provisional Application<br>Federal Circuit: Scope Of Reexamination Claims Is Reviewed De Novo
Federal Circuit Expands Liability For Divided Patent Infringement
September 02, 2015
Having been urged to do so by the Supreme Court, the Federal Circuit recently expanded liability under 35 U.S.C. '271(a) for direct infringement of a method patent involving more than one actor (divided infringement).
<i>Versata v. SAP </i>: Definitions Are Now the Name of the Game
September 02, 2015
<i>Versata Development Group v. SAP America</i> was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.
Does a Tenant's Right of Possession Trump a Sale Under Section 363?
September 02, 2015
This article explores several recent decisions evaluating whether a tenant's rights under section 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
IP News
September 02, 2015
Federal Circuit: District Courts Must Address <i>Intel</i> Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings <br>Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' Determination
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
August 02, 2015
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
Using Unlicensed Photos on Websites
August 02, 2015
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Superpowered Form of <i>Stare Decisis</i>
August 02, 2015
The U.S. Supreme Court, in <i>Kimble v. Marvel</i>, stood by its decision in <i>Brulotte</i>, reaffirming that post-expiration patent royalty provisions are unlawful per se and therefore unenforceable.
IP News
August 02, 2015
Federal Circuit Affirms '101 Subject Matter Invalidity of Internet-Related Software Patents Under <i>Alice</i><br>Patent Term Adjustments Do Not Apply To Continuing Applications Based On Delays In Application Prosecution<br>Federal Circuit Clarifies Standard of Review and Affirms Denial of Award for '285 Exceptional Case Attorney's Fees

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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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