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

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.
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.

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  • Rights and Obligations In Patent Licenses
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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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