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The Intellectual Property Strategist

Columns & Departments

IP News Image

IP News

Howard Shire & Michael Block

Federal Circuit Vacated The Denial of an Injunction Because a Causal Nexus for Multi-Feature Products Only Requires a Feature to be 'A Driver' of Demand<br>District Court Abused Discretion In Denying Attorneys' Fees, Where Plaintiff Continued to Litigate After Markman Order Made Its Position Untenable

Features

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress Image

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress

Scott Graham

Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.

Columns & Departments

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IP News

Jeff Ginsberg & David Cooperberg

Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer<br>Federal Circuit Decisions Offer Guidance on Award of Attorney Fees under Section 285

Features

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision Image

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision

Robin L. McGrath

The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.

Features

Transactions Triggering the 35 USC §102 On-Sale Bar Image

Transactions Triggering the 35 USC §102 On-Sale Bar

Pinar Bailey

Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.

Features

<b><i>BREAKING NEWS</i></b><br>Michelle Lee Resigns as PTO Director Image

<b><i>BREAKING NEWS</i></b><br>Michelle Lee Resigns as PTO Director

Scott Graham

Michelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.

Features

Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation Image

Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation

Christopher Gaspar & Sean Hyberg

Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

Features

Emerging Issues In the DTSA's Second Year Image

Emerging Issues In the DTSA's Second Year

Robert B. Milligan & D. Joshua Salinas

One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.

Features

Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers Image

Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers

J. Alexander Lawrence & Abigail L. Colella

The Fourth Circuit Court of Appeals is gearing up to hear argument in <i>BMG Rights Management v. Cox Communications</i>, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.

Columns & Departments

IP News Image

IP News

Howard J. Shire & Michael Block

PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR<br>USPTO Did Not Exceed Authority in Granting Inter Partes Reexamination after Requester Sought to Have It Denied

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