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

Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are
November 02, 2012
In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.
November Issue Delayed
October 31, 2012
Dear Readers:<p>Due to the power outage caused by Hurricane Sandy, publication of <i>The Intellectual Property Strategist</i> was delayed. LJN regrets any inconvenience this may have caused.
IP News
September 27, 2012
Highlights of the latest intellectual property news from around the country.
Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings
September 27, 2012
How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue.
Infringement Without a Direct Infringer
September 27, 2012
An <i>en banc panel</i> of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. The court decided, in a <i>per curiam</i> opinion adopted by six of the 11 panel judges, that there could be liability under 35 U.S.C. &sect; 271(b) for inducing infringement of a method patent, provided all the steps of the method were performed, even if they were not performed by a single actor who was liable for direct infringement under &sect; 271(a).
The Second Circuit Speaks on Color Marks and the Aesthetic Functionality Doctrine
September 27, 2012
It is not often when fashion and style blogs cover federal court decisions, but the fashion world currently is abuzz with the Second Circuit's recently issued decision in <i>Christian Louboutin S.A. v. Yves Saint Laurent America Holdings, Inc.</i>
Recovering Transfers That Create Insolvency
September 25, 2012
An important lesson from recent high-profile bankruptcy cases is that secured creditors can no longer make loan decisions based solely on the value of pledged collateral.
Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks
September 25, 2012
A recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.
IP News
August 30, 2012
Highlights of the latest intellectual property cases from around the country.
Potential New Barrier to Verdicts of Willful Infringement?
August 30, 2012
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore &amp; Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.

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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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