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The Intellectual Property Strategist

September 2024
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November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters &

…

IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Policing Trademark Rights and the Problem Posed By Bullying Image

Policing Trademark Rights and the Problem Posed By Bullying

Carl A. Schaffer

Overly aggressive enforcement of trademark rights by high-profile brand owners can lead to consumer backlash when such enforcement is perceived as "trademark bullying" of the "little guy." Such enforcement efforts have grown increasingly hazardous during the era of Internet blogging and social networking.

Seventh Circuit Protects Trademark Licensees in Bankruptcy Court Image

Seventh Circuit Protects Trademark Licensees in Bankruptcy Court

Judith L. Grubner

The Seventh Circuit has now adopted the conflicting view that ' 365(n) of the Bankruptcy Code does not affect trademark licenses in one way or another and that <i>Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc.</i> was incorrectly decided.

Features

Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are Image

Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are

Veronica Mu'oz

In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.

November Issue Delayed Image

November Issue Delayed

ALM Staff & Law Journal Newsletters &

Dear Readers:<p>Due to the power outage caused by Hurricane Sandy, publication of <i>The Intellectual Property Strategist</i> was delayed. LJN regrets any inconvenience this may have caused.

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters &

'

Features

IP News Image

IP News

Howard J. Shire & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings Image

Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings

Stan Soocher

How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue.

Infringement Without a Direct Infringer Image

Infringement Without a Direct Infringer

John Cone, Megan O'Laughlin & John Tower

An <i>en banc panel</i> of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. The court decided, in a <i>per curiam</i> opinion adopted by six of the 11 panel judges, that there could be liability under 35 U.S.C. &sect; 271(b) for inducing infringement of a method patent, provided all the steps of the method were performed, even if they were not performed by a single actor who was liable for direct infringement under &sect; 271(a).

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