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

Copyright and Fair Use in Legal Proceedings
August 29, 2011
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?
August 29, 2011
Counterfeiting and piracy never go out of style. Fake handbags and illegal copies of first-run movies can be found on city street corners and throughout Internet websites. These illegal activities have been in the U.S. government's cross hairs of late. In addition to Congress introducing legislation designed to protect against intellectual property theft, the Department of Homeland Security's (DHS) principal investigative arm, Immigration and Customs Enforcement (ICE), has applied pressure to Internet-era counterfeiters and pirates.
IP News
July 27, 2011
Highlights of the latest intellectual property news from around the country.
Patent Reform May Not Cure a Potential for Bias Against Patentee in Inter Partes Re-examination
July 27, 2011
This article explores a perceived bias against the patent holder in <i>inter partes</i> re-examination as well as the effect that patent reform legislation may have on the process.
Copyright and Fair Use in Legal Proceedings
July 27, 2011
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
Internet Counterfeiters and Pirates Beware! Your Domain Names Are Subject to Seizure
July 27, 2011
Approximately one year ago, Immigration and Customs Enforcement launched "Operation In Our Sites" in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains. This article discusses the brief and still evolving history of OIOS, its statutory authorities, and its implications for brand and creative content owners.
IP News
June 29, 2011
Highlights of the latest intellectual property news from around the country.
Cuban Embargo Prevents Renewal Of Trademark Registration
June 29, 2011
The Cuban trade embargo has been at issue for more than a decade in the long-running case between Bacardi and Pernod Ricard over the U.S. rights to the HAVANA CLUB trademark for rum.
TiVo v. EchoStar
June 29, 2011
On April 20, 2011, the Federal Circuit issued its opinion in the <i>TiVo Inc. v. EchoStar Corp.</i> case. No. 2009-1374 (Fed. Cir. Apr. 20, 2011). The decision marks a sea change for evaluating contempt of an injunction in a patent case, significantly limiting an infringer's ability to challenge an injunction on the grounds that it is vague or overbroad.
Reining in the Inequitable Conduct Defense
June 29, 2011
Responding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.

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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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