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The Intellectual Property Strategist

Features

Alice and Incongruity In PTAB Appeals Image

Alice and Incongruity In PTAB Appeals

James W. Soong

This article discusses the significant contrast between consideration of issues related to the U.S. Supreme Court's decision in Alice Corp. v. CLS Int'l in prosecution and their resolution by the PTAB.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen Patel

Federal Circuit Modifies Facebook IPR Joinder Ruling District Court: Stipulation of Noninfringement Does Not Preclude Post-Remand Finding of Infringement

Features

What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing Image

What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing

Stacey C. Kalamaras & Henry Kaskov

This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.

Features

The Russian Vodka Saga Image

The Russian Vodka Saga

Jared Looper

Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation's efforts to reclaim its trademarks in Stolichnaya vodka.

Features

Which Method Is for You? Not All Surveys Are Made the Same Image

Which Method Is for You? Not All Surveys Are Made the Same

Laura O'Laughlin, Harriet Ho & Duy (Joey) Duong

As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Abhishek Bapna

Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds Federal Circuit: District Court Did Not Err in Ruling that 'Half-Liquid' Is Indefinite Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products' Compliance with Standard

Features

What's in a Name? Booking.com and Consumer Perception Evidence Image

What's in a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein & Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Features

States Win Some and Lose Some on Copyright Front at Supreme Court This Term Image

States Win Some and Lose Some on Copyright Front at Supreme Court This Term

Jason Bloom

The Supreme Court decided two copyright cases this term, both involving states. This article discusses the cases and their likely impact on copyright law going forward.

Features

Weighing the Benefits: How Much Weight Will Your Survey Have in Court? Image

Weighing the Benefits: How Much Weight Will Your Survey Have in Court?

Rene Befurt, Marie Warchol & Anthony Nasr

As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen Patel

Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

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