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We found 1,377 results for "The Intellectual Property Strategist"...

August issue in PDF format
July 29, 2009
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IP News
July 29, 2009
Highlights of the latest intellectual property news from around the country.
Insurance Coverage for Trademark Infringement Lawsuits
July 29, 2009
This article provides an overview of case law holding that insurance companies are obligated to provide coverage for trademark claims under advertising injury coverage, even when the word "trademark" does not appear anywhere in the policy. Further, it discusses rulings on the prior publication exclusion, which insurers frequently assert applies to advertising injury in the trademark infringement context.
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.
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.

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    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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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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