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

Why Not Throw in the Design of the Kitchen Sink?
September 30, 2013
When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?
Appeals by the Numbers
September 29, 2013
Two of the main substantive causes for refusals of U.S. federal trademark applications are descriptiveness refusals (under Section 2(e) of the Lanham Act, and likelihood of confusion refusals (under Section 2(d)) of the Act.
Maddeningly Mismated Matches
September 02, 2013
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
IP News
September 02, 2013
Obama Administration Vetoes ITC Ban <br>Medical Devices Case Yields Treble Damages in Michigan
Limited Exclusion Orders at the ITC
September 02, 2013
The United States International Trade Commission (ITC) has the authority to stop unfair trade practices, including the importation of products found to infringe a valid U.S. patent. But does that authority automatically extend to downstream products incorporating a relatively insignificant infringing component ' such as an automobile that happens to include an infringing light-emitting diode? And is the ITC required to balance the parties' interests and consider factors such as the value of an infringing component compared to the overall value of the imported downstream product?
Joint Defense Agreement Considerations in NPE Patent Litigation
September 02, 2013
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
IP News
August 02, 2013
Washington Judge Awards Syntrix $115 Million
Willfulness and Liability, Separate But Equal?
August 02, 2013
This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.
Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i>
August 02, 2013
The Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> was roundly criticized as a "nightmare," further cementing the impression that the court was confused and in conflict over the requirements of patent eligibility under 35 U.S.C '101.
Supreme Court Weighs in on Reverse Payment Settlement Agreements
August 02, 2013
On June 17, 2013, the U.S. Supreme Court held in <i>Federal Trade Commission v. Actavis, Inc.</i> that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court weighs the pro- and anti-competitive effects of such agreements on a case-by-case basis.

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    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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