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We found 1,322 results for "The Intellectual Property Strategist"...

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories
September 01, 2024
On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
Using Unique Product Features or Designs to Register Trademarks
September 01, 2024
Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks.
Eighth Circuit Expands Its Copyright Law Jurisprudence
September 01, 2024
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
Is Supreme Court the Next Step In Deciding ISP Copyright Infringement Liability?
September 01, 2024
A new appeal landed at the U.S. Supreme Court with potentially billions of dollars at stake for the music, movie and Internet industries. The question presented is whether internet service providers such as Cox Communications, AT&T and Comcast should be held liable for the copyright infringement committed by their users.
IP News
September 01, 2024
Federal Circuit: Affirms Preliminary Injunction on Cancer Assays Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation
Proactive Brand Defense: Why Warren Buffett's Advice Matters More Than Ever
August 01, 2024
Warren Buffett's wisdom rings true: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." In our current landscape of social media and viral content, a brand's reputation — its most valuable asset — can be severely damaged in mere seconds.
Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
August 01, 2024
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes
August 01, 2024
Attorneys and companies alike are witnessing a paradigm shift occurring during the protection of intellectual property assets, encountering more sophisticated solicitations designed to appear as official correspondence from the USPTO, and outright scams utilizing information publicly available through the USPTO for pending trademark applications and existing registrations.
Federal Circuit Overrules 'Improperly Rigid' Obviousness Test
August 01, 2024
In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.
Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act
August 01, 2024
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.

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