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

Litigating Trade Secret Claims
June 02, 2014
Employees escape with valuable information every day, resulting in substantial, sometimes devastating losses to employers. Here's what employers need to know.
<i>Gilead Sciences, Inc. v. Natco Pharma Ltd. </i>
June 02, 2014
Upon issuance, can a later-issued (but earlier-expiring) patent qualify as a double patenting reference against an already issued (but later-expiring) commonly owned patent of the same inventor? In Gilead Sciences, the Federal Circuit held that it could.
Intent to Use
June 02, 2014
Bona fide intent was given new meaning by the TTAB. <i>Lincoln National Corporation v. Anderson,</i> exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void <i>ab initio.</i> This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.
The ITC Is Dead, Long Live the ITC
June 02, 2014
In the last decade, the ITC has been an increasingly popular forum for litigating IP rights, largely because it offers a quick and forceful remedy in the form of an exclusion order, which can exclude infringing products from the U.S. market. In recent months, several important decisions have caused some to question the continuing vitality of the ITC as forum.
IP News
June 02, 2014
Federal Circuit: Only Patent Owner May Appeal a PTAB Reexamination Decision <br>Federal Circuit: Clones Not Patentable Subject Matter<br>Federal Circuit: PTO's Decision Not to Initiate <i>Inter Partes</i> Review Is Not Appealable
Seeking Quick Relief for Trademark Claims on Social Media Sites
June 02, 2014
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Ninth Circuit Issues Controversial Copyright Decision
May 02, 2014
The Ninth Circuit recently issued an opinion in the case of <i>Garcia v. Google</i>, arising out of an actress' performance in a highly controversial film entitled <i> The Innocence of Muslims</i>.
IP News
May 02, 2014
Federal Circuit Focuses on Burdens Of Proof in Travatan Z' Case <br>History of Patent Litigation May Establish Justiciable Controversy<br>Federal Circuit Holds a Reexamined Patent is 'Same Patent' as Original For Claim Preclusion
How Can Employers Protect Their Confidential and Proprietary Information?
May 02, 2014
This article explores the developing law related to employee social media use and its effect on the confidentiality and protectability of employers' trade secrets and other proprietary information.
Supreme Court Rules on Standing In False Advertising Cases
May 02, 2014
Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.

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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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