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We found 1,312 results for "The Intellectual Property Strategist"...

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.
Retiring in a Down Economy
June 28, 2011
Each case addressing the issue of retirement and its impact on support is highly fact-sensitive. The down economy's impact on such a situation serves to add an intriguing, yet extremely critical, wrinkle to the equation.
IP News
May 26, 2011
Highlights of the latest intellectual property news from around the country.
A Turning Point?
May 26, 2011
Since its decision in <i>BMC Resources, Inc. v. Paymentech, L.P.</i>, the Federal Circuit has continued to raise the bar for direct infringement of a method claim where the claimed steps are performed by different entities.
Prometheus and Patentable Subject Matter Under 35 U.S.C. ' 101
May 26, 2011
The recent protracted dispute between Prometheus Laboratories and Mayo Collaborative Services has shed some light on the post-<i>Bilski</i> threshold for patent eligibility under 35 U.S.C. &sect; 101.
Customs and Border Protection Trademark Letter Rulings: A Valuable and Underused Tool?
May 26, 2011
Customs and Border Protection service ("CPB"), part of the Department of Homeland Security, offers interested parties the right to request letter rulings ' advisory opinions about contemplated imports.
IP News
April 28, 2011
Highlights of the latest intellectual property news from around the country.
Time-Barred Copyright Ownership Claim Prevents Infringement Claim
April 28, 2011
The U.S. Court of Appeals for the Second Circuit has ruled that a time-bar for copyright ownership under the statute of limitations also bars a related copyright infringement claim.
Franchising: A Venus Flytrap for Trademark Licensors
April 28, 2011
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Search Engine Advertising Trademark Claims
April 28, 2011
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.

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