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

IP News
May 29, 2009
Highlights of the latest intellectual property cases from around the country.
Patent Opinions, Willfulness and Inducement
May 29, 2009
Recent decisions have begun to fill in the gaps left by <i>In re Seagate Technology, LLC.</i> They suggest that a competent opinion is still an effective defense to a willfulness charge, and that a jury may consider a defendant's failure to obtain an opinion when determining the defendant's intent for purposes of willfulness and inducement. Also, legitimate trial defenses may be sufficient to establish that a defendant's actions at the time of infringement were not "objectively reckless.
Gay Marriage: A Changing Legal Landscape
May 26, 2009
The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.
IP News
April 29, 2009
An analysis of recent news.
TTAB Fraud Standard
April 29, 2009
The Trademark Trial and Appeal Board ("Board") of the U.S. Patent and Trademark Office ("PTO") has routinely invalidated trademark registrations based on findings of fraud following its decision in 2003 in <i>Medinol v. Neuro Vasx, Inc.</i> The Board's fraud standard does not require proof of scienter or intent to defraud, but rather a mere showing that the applicant knew, or should have known, that certain statements made in trademark applications or renewal declarations were inaccurate.
Lanham Act
April 29, 2009
In <i>Dastar Corp. v. Twentieth Century Fox Film Corp.</i>, the Supreme Court considered the overlap of copyright and trademark/unfair competition law, concluding that a company did not commit false advertising under '43(a) of the Trademark Act (15 U.S.C. '1125(a)) by representing that it was the author of a previously copyrighted work it had not actually created, as long as its identity as the source of the copied work was clear to the public.
Tafas v. Doll: Where Is the USPTO Headed?
April 29, 2009
In what should be a major wake-up call to all patent practitioners and patent applicants, the U.S. Court of Appeals for the Federal Circuit has upheld three out of the four highly contentious rule proposals that were proffered by the U.S. Patent and Trademark Office ("USPTO") in 2007.
The Little License That Could: Dangers of Using Open-Source Code After Jacobsen v. Katzer
March 31, 2009
Although the open-source movement has been active for more than a decade, it is only in recent months that such a copyright license actually has received the imprimatur of enforceability ' from an unlikely court (the Federal Circuit) construing a perhaps unlikely license (the Java Model Railroad Interface for model train software).
IP News
March 31, 2009
Highlights of the latest intellectual property news from around the country.
In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
March 31, 2009
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.

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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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