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

An Analysis of Kappos v. Hyatt
June 28, 2012
Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.
The Great (Online Copyright) Compromise of 2012
June 27, 2012
Although neither service providers nor content providers can claim a complete victory, the Second Circuit's <i>Viacom</i> opinion represents a pragmatic, middle-of-the-road solution to several issues at the heart of the new user-centered Internet experience.
IP News
May 30, 2012
Highlights of the latest intellectual property news from around the country.
Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added
May 30, 2012
In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.
Damages Soar from False Advertising About Skydiving
May 30, 2012
In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
Federal Circuit Unravels Aventis' Tangled Web in Affirming Inequitable Conduct Finding
May 30, 2012
At the time of the <i>Therasense</i> decision there was some question as to just how stringently the Federal Circuit would adhere to the nominal standards for common law fraud. <i>Aventis Pharma S.A. v. Hospira, Inc.</i> appears to answer that question for both patent prosecutors and litigators.
Representing a Celebrity Client
April 28, 2012
Famous clients' net worth, income and the details of their investments are never publicly revealed. Custody is not disclosed. It is all kept private. How?
How Restoring U.S. Protection to Foreign Copyrights Affects Media Uses
April 27, 2012
Golan's potential fallout, namely, increased pressure on Congress to enact reforms for "orphan works," which are older and more obscure works with minimal commercial value that have copyright owners who are difficult or impossible to track down.
IP News
April 27, 2012
Highlights of the latest intellectual property news from around the country.
Discoverability of Social Network Information
April 27, 2012
In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.

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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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