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

Attacking the Customer: Coercing Patent Infringers While Avoiding Exposure to DJ Actions
December 23, 2008
To avoid declaratory judgment actions, patent holders may opt to sue or threaten the purchasers of an allegedly infringing product, without threatening suit against the manufacturer. In effect, the patent holder coerces the manufacturing company to give up the right to manufacture or distribute the accused product by scaring off its customers. At what point does this activity create grounds for a declaratory judgment action by the manufacturer?
Proveris Scientific Corp. v. Innovasystems, Inc.: Federal Circuit Addresses 'Safe-Harbor' Immunity
December 23, 2008
In <i>Proveris Scientific Corp. v. Innovasystems, Inc.,</i> the Federal Circuit addressed whether the "safe-harbor" provision of the Hatch-Waxman Act applies to immunize infringement if the accused product is reasonably related to the development and submission of information to the FDA for regulatory approval purposes.
The Federal Circuit Attempts to Right the Inequitable Conduct Ship
December 22, 2008
The U.S. Court of Appeals for the Federal Circuit has long maintained a high bar for proving inequitable conduct. This high bar is appropriate given the severity of the remedy &mdash; unenforceability of the entire patent &mdash; and the relative ease of using hindsight to find fault with the prosecution of a patent. Several recent decisions, however, have pointed toward a sinking standard for proving inequitable conduct, which has created an atmosphere of uncertainty about the proper scope of the inequitable conduct defense. The Federal Circuit's recent opinion on the subject, <i>Star Scientific, Inc. v. R.J. Reynolds Tobacco Co.,</i> appears to be an attempt to right the ship by reiterating the standards for proving inequitable conduct that were established more than 20 years ago.
IP News
November 21, 2008
Highlights of the latest intellectual property news from around the country.
Prasco v. Medicis: CAFC Draws a Line in the Sand
November 21, 2008
In <i>Prasco, LLC v. Medicis Pharm. Corp.</i>, the Federal Circuit declined to allow a declaratory judgment action on unasserted patents and provided some useful guidance in understanding what factual circumstances would be insufficient to establish a justiciable controversy.
Harry Potter Decision Provides Guidance on Fair Use
November 21, 2008
In <i>Warner Bros. Entertainment Inc. v. RDR Books,</i> the Southern District of New York addressed the issue of when a reference guide constitutes a fair use.
On Shaky Ground: The (Near) Future of Patents After Bilski
November 21, 2008
This article explains some of the key problems in the Federal Circuit's <i>In re Bilski</i> decision and discusses the potential impacts of the decision and strategies to deal with these impacts.
IP News
October 28, 2008
Highlights of the latest intellectual property news from around the country.
Voda v. Cordis Corp.: Catheters Won't Relieve the Pressures Facing Injunction Seekers
October 28, 2008
After a successful willful infringement verdict, which subsequently resulted in treble damages, the issue of willful infringement may not yet be decided.
The TDRA Turns Two: But Are Trademark Owners Better Off?
October 28, 2008
Through the TDRA, Congress intended to clarify the standards of fame and dilution for trademark owners, but the courts have struggled to come up with a uniform application of these tests.

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    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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