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We found 1,371 results for "The Intellectual Property Strategist"...

July issue in PDF format
June 30, 2009
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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.
June issue in PDF format
May 29, 2009
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IP News
May 29, 2009
Highlights of the latest intellectual property cases from around the country.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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