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

Checking in on the New gTLD Objection Processes
November 30, 2013
ICANN has been busy reviewing applications for new generic top-level domain name registries (new gTLDs), and the first four new gTLDs were delegated to the Root Zone on Oct. 23, 2013.
IP News
November 30, 2013
New Patent Litigation Reform Bills Introduced <br>U.S. Supreme Court Hears Oral Argument on Burden Of Proof for Licensee-DJ Plaintiff<br>A Split Federal Circuit Denies En Banc Rehearing In Case Involving Finality Of a Judicial Decision<br>Federal Circuit Explains Exhaustion of Method Patents
Expanding Defenses To Inducing Infringement
November 30, 2013
On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing <i>en banc</i> in <i>Commil USA, LLC v. Cisco Sys., Inc.,</i> (<i>Commil II</i>). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."
When Is Equity Value Really Zero?
November 26, 2013
Matrimonial attorneys are often confronted with a listed equity asset that, at least according to the client, "isn't worth anything." So how do we approach this dilemma?
IP News
November 02, 2013
Federal Circuit Upholds Permanent Injunction in 'Design Win' Market <br>Federal Circuit Upholds Inequitable Conduct Ruling<br>EFF Files for <i>Inter Partes</i> Review of Podcasting Patent
It's a Licensee Eats Licensee World
November 02, 2013
These days, it is commonplace for companies to license multiple parties in various distinct geographical areas to use the same trademark. Because different licensees may be competitors of one another in different product lines, the question often arises as to whether one licensee may challenge another's right to use a licensed mark and, if so, where.
<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances
November 02, 2013
In <i>TecSec, Inc. v. IBM Corp., et al.</i>, the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal Circuit may "enter a judgment of affirmance without opinion" if certain conditions are met. Fed. Cir. R. 36. The decision highlights the impact of a Rule 36 affirmance on related issues in subsequent litigation, particularly where the Federal Circuit summarily affirms a district court decision that is based on multiple, independent grounds.
<i>Inter Partes</i> Reviews
November 02, 2013
In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.
In the News
October 02, 2013
Federal Circuit Nixes Insurance Claims Under Section 101 <br>Federal Circuit: Clarification of Injunction Terms Not Appealable
Spotlight on 3D Printing: Intellectual Property
September 30, 2013
3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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