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

<b><i>BREAKING NEWS:</i></b> Jury Awards MGA $88.5 Million in Bratz Doll Retrial
April 22, 2011
A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.
IP News
March 29, 2011
Highlights of the latest intellectual property news from around the country.
Downstream Liability in Trade Secret Litigation After Silvaco
March 29, 2011
Last year, for the first time, the issue of downstream liability surfaced in the law of trade secret misappropriation. In 2010, a California appellate court held in <i>Silvaco Data Sys. v. Intel Corp.</i> that a software licensee did not know or acquire the secret source code the manufacturer used to make the product and, as a matter of law, it could not be liable for trade secret misappropriation.
Centocor v. Abbott Labs: Must You Only Preach What You Practice?
March 29, 2011
The Federal Circuit's decision on Feb. 23, 2011 in <i>Centocor Ortho Biotech., Inc. v. Abbott Labs.</i>, vacated a $1.67 billion verdict based on invalidity for insufficient written description. The case provides an example of when technology can be so complicated or unpredictable that the specification does not adequately explain how to practice the claimed invention.
Ninth Circuit: Congress Expanded Definition of Dilution When It Adopted TDRA
March 29, 2011
In <i>Levi Strauss &amp; Co. v. Abercrombie &amp; Fitch Co.</i>, the Ninth Circuit Court of Appeals recently confirmed that Congress expanded the definition of dilution when it adopted the Trademark Dilution Revision Act of 2006.
IP News
February 28, 2011
Highlights of the latest intelletual property news from around the country.
First Sale Doctrine Gets Multiple Views in Ninth Circuit
February 28, 2011
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.
The 25% Rule Is 100% Out Under Federal Circuit's Uniloc Decision
February 28, 2011
In a case with practical implications for all patent litigants, the Federal Circuit recently rejected the use of the 25% rule to establish a baseline royalty rate to determine patent infringement damages.
Privacy Policies and Data Collection
February 28, 2011
The conflict between marketers' targeted use of personally identifiable information and respect for consumers' personal privacy will be at the forefront of regulatory efforts this year.
The Perils of Naked Licensing
February 28, 2011
A recent Ninth Circuit decision involving a not-for-profit entity dedicated to "freecycling" (<i>i.e.</i>, a recycling practice of finding new uses for unwanted items) serves as a reminder to trademark owners about the pitfalls of failing to exercise sufficient quality control over licensees.

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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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