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

Hidden Issues in Balance Sheets
July 26, 2013
Attorneys for creditors and debtors, and bankruptcy judges, are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets.
Joinder Issues in BitTorrent Copyright Litigation
July 02, 2013
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic filmmakers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol.Typically, the copyright holders allege that users illegally downloaded, reproduced and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.
<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>
July 02, 2013
In <i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>, the Federal Circuit held that the functional claim language of "spaced relationship" was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be.
In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree
July 02, 2013
The intellectual property community hoped and expected that the Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> would provide guidance regarding the scope of patentable subject matter under 35 U.S.C. ' 101. Instead, the Federal Circuit's decision created confusion, identifying three competing tests for assessing patentable subject matter under ' 101.
IP News
June 30, 2013
Federal Circuit Vacates Award of Attorney Fees
Copyright vs. Trademark Claims
May 31, 2013
Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.
The RAND Modified Hypothetical Negotiation
May 31, 2013
On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in <i>Microsoft Corp. v. Motorola, Inc., et al.</i>
IP News
May 31, 2013
Highlights of the latest intellectual property news from around the country.
Lenz Lawsuit Dances to a Fair Use Tune and Heads for Trial
May 31, 2013
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
Comparing Contract Drafting in the United States and United Kingdom
April 30, 2013
The authors' previous article, in the March 2013 issue of <i>Entertainment Law &amp; Finance</i>, considered differences between copyright regimes in the United Kingdom and the United States. This article highlights some of the principal differences between UK and U.S. contract law.

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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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