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

Virtual Worlds
July 29, 2009
Given the rising popularity of virtual worlds and the ability to generate real-world income from activities within the virtual realm, it is not surprising that the virtual marketplace is thriving and that trademark and copyright infringements occur on a regular basis.
Federal Circuit Puts Teeth in the 'Process' of Product-By-Process Claims
July 29, 2009
Is a "product by process" claim infringed by products that are made by other processes? After 17 years of waiting, the Federal Circuit emphatically answered the question: No; product-by-process claims are only infringed by products made using the claimed process. Although the law now appears to be clear, the strongly worded dissent questions the soundness of the ruling and warns of potentially far-reaching implications for the pharmaceutical and biotech industries.
The Cult of Personality
July 24, 2009
Anyone with even the most remote connection to e-commerce cannot have overlooked the recent explosion of social media as a form of marketing and business development. Of course, as with anything else online, problems have come with that popularity.
Movers & Shakers
June 30, 2009
Who's doing what; who's going where.
IP News
June 30, 2009
Highlights of the latest intellectual property news from around the country.
Foreign Defendants: Alternative Service via e-Mail
June 29, 2009
Federal courts are increasingly allowing litigants to serve foreign defendants via e-mail under certain circumstances.
Takeda v. Mylan: High-Cost Generic Drugs from Baseless Paragraph IV Certifications
June 29, 2009
In <i>Takeda v. Mylan</i>, the Federal Circuit revisited attorney fees in the context of an ANDA application. In doing so, the court provided additional guidance regarding factual circumstances that may support such awards and addressed several of the unanswered questions from the <i>Yamanouchi v. Danbury</i> opinion.
Kubin and Permissibility of the 'Obvious to Try' Standard
June 29, 2009
Urged by the Supreme Court's opinion in <i>KSR</i>, the Federal Circuit has addressed its precedent regarding the obvious-to-try standard, positively stating a standard implied in its previous holdings.
In re TS Tech: The Aftermath
May 29, 2009
While the Eastern District of Texas remains today one of the busiest patent litigation venues in the country, it is clear that <i>TS Tech</i> has led to an increase in the percentage of cases being transferred out of the EDTX and a significant decrease in the number of new patent cases being filed there.
The Unseemly Web of Keyword Advertising
May 29, 2009
Despite the surface simplicity of keyword advertising disputes (typically entailing unwanted use of the exact trademark of a direct competitor promoting competing goods or services) the web the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit's April 3 decision in <i>Rescuecom Corp. v. Google, Inc.</i>(on the one-year anniversary of oral argument), straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.

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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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