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

How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?
September 28, 2011
Counterfeiting and piracy never go out of style. Approximately one year ago, ICE launched "Operation In Our Sites" (OIOS) in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains.
IP News
September 28, 2011
Highlights of the latest intellectual property news from around the country.
The Domestic Industry Requirement at the ITC
September 28, 2011
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
CyberSource: Machines Executing Processes and the Computer-Readable Medium
September 28, 2011
In <i>CyberSource v. Retail Decisions</i>, a panel of the Federal Circuit affirmed a district court's summary judgment ruling that the asserted patent claims were invalid under 35 U.S.C. &sect; 101, and held that purely mental processes are unpatentable abstract ideas. The court decided that merely limiting an unpatentable mental process to a computer-readable medium for execution on a processor, in a so-called <i>Beauregard</i> claim, did not satisfy &sect; 101.
How the New Patent Act Will Affect the Way Counsel Practice and Advise Their Clients
September 28, 2011
The America Invents Act, passed by Congress on Sept. 9, 2011, and signed into law on Sept. 16, 2011, imposes sweeping changes to U.S. patent law. This article focuses on how the new patent laws will require patent practitioners to change the way they practice and advise their clients.
IP News
August 30, 2011
Highlights of the latest intellectual property news from around the country.
Myriad Genetics
August 30, 2011
On July 29, 2011, the Federal Circuit handed down its decision in <i>Ass'n for Molecular Pathology et al. v. U.S.P.T.O.</i>, (often referred to as the "<i>Myriad Genetics</i> gene patent" case). The divided panel's three opinions reveal areas of broad agreement and notable disagreement about patent eligibility under 35 U.S.C. ' 101 of several categories of patent claims of interest to life sciences industries.
John Wiley & Sons v. Kirtsaeng
August 30, 2011
In <i>John Wiley &amp; Sons Inc., v. Kirtsaeng</i>,the Second Circuit took a stand against parallel importation of copyrighted works made under the authority of the U.S. copyright owner in a foreign country.
Supreme Court: 'Willful Blindness' Supports a Judgment of Induced Infringement
August 30, 2011
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court held that "willful blindness" may satisfy the knowledge element required for a finding of induced infringement. In so doing, the Court rejected the prior "deliberate indifference" standard articulated by the Federal Circuit.
How to Deal with the Distribution of Intellectual Property Assets in Divorce
August 30, 2011
When a Supporting Spouse and a Creative Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" that the Creative Spouse created during the marriage.

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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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