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The Intellectual Property Strategist

In re EMC Corp. Image

In re EMC Corp.

Sergey Kolmykov & Zachary Silbersher

The Federal Circuit recently addressed whether it is proper to join multiple defendants within a single action for no other reason than each defendant is accused of infringing the same patent.

July issue in PDF format Image

July issue in PDF format

ALM Staff & Law Journal Newsletters &

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IP News Image

IP News

Howard J. Shire & Joseph Mercadante

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

Features

Crayon Shinchan Image

Crayon Shinchan

Vincent J. Poppiti & Mian R. Wang

The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.

Features

An Analysis of Kappos v. Hyatt Image

An Analysis of Kappos v. Hyatt

John M. Cone & Megan M. O'Laughlin

Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.

The Great (Online Copyright) Compromise of 2012 Image

The Great (Online Copyright) Compromise of 2012

Timothy Denny Greene

Although neither service providers nor content providers can claim a complete victory, the Second Circuit's <i>Viacom</i> opinion represents a pragmatic, middle-of-the-road solution to several issues at the heart of the new user-centered Internet experience.

June issue in PDF format Image

June issue in PDF format

ALM Staff & Law Journal Newsletters &

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IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

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

Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added Image

Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added

Angie M. Hankins

In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.

Damages Soar from False Advertising About Skydiving Image

Damages Soar from False Advertising About Skydiving

Kyle-Beth Hilfer

In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.

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