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

The Battle Rages On: A Report from the Front Line of the Patentable Subject Matter War
August 30, 2012
In July 2012, the Federal Circuit issued two decisions regarding patentable subject matter for computer-implemented business methods, <i>CLS Bank Int'l v. Alice Corp.</i> and <i>Bancorp Services v. Sun Life Assurance Co. of Canada</i>, that vividly demonstrate the conflicting approaches various members of the court apply to this question.
Long Road in China to Protect Cartoon Trademark
August 30, 2012
Despite its high rate of piracy, the strengthening of intellectual property laws in China has given some hope to owners of trademarks from other countries. The instructive article that follows documents the many twists and turns involved in in seeking to protect the trademark for a Japanese cartoon in China.
<b><i>BREAKING NEWS:</b></i> Apple Wins Big in Trial Against Samsung
August 27, 2012
If the verdict Apple obtained on Aug. 24 against Samsung in their smartphone and tablet trial isn't chopped down in post-trial motions or on appeal, it will stand as the largest patent verdict in history.
IP News
July 30, 2012
Highlights of the latest intellectual property news from around the country.
Refining the Pleading Requirements for Patent Infringement
July 30, 2012
In <i>In Re Bill of Lading Transmission and Processing System Patent Litigation</i>, the Court of Appeals for the Federal Circuit held that Form 18 of the Federal Rules of Civil Procedure governs the required specificity when pleading direct patent infringement.
Much Ado About Standards of Review (But Not All That Much About AdWords)
July 30, 2012
While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.
In re EMC Corp.
July 30, 2012
The Federal Circuit recently addressed whether it is proper to join multiple defendants within a single action for no other reason than each defendant is accused of infringing the same patent.
Tax Affecting S Corporations and Other Pass-Through Entities
July 30, 2012
Matrimonial attorneys are often confronted with equity in an S-corporation business that must be valued as a marital asset. Since S corporations and other pass-through corporate structures carry no tax obligations, should the appraiser tax affect or not?
IP News
June 28, 2012
Highlights of the latest intellectual property news from around the country.
Crayon Shinchan
June 28, 2012
The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.

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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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