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The Intellectual Property Strategist

September 2024
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Centocor v. Abbott Labs: Must You Only Preach What You Practice? Image

Centocor v. Abbott Labs: Must You Only Preach What You Practice?

Irah Donner, Matthew Siegal & Clayton McCraw

The Federal Circuit's decision on Feb. 23, 2011 in <i>Centocor Ortho Biotech., Inc. v. Abbott Labs.</i>, vacated a $1.67 billion verdict based on invalidity for insufficient written description. The case provides an example of when technology can be so complicated or unpredictable that the specification does not adequately explain how to practice the claimed invention.

Features

Ninth Circuit: Congress Expanded Definition of Dilution When It Adopted TDRA Image

Ninth Circuit: Congress Expanded Definition of Dilution When It Adopted TDRA

Gregory S. Gilchrist & Gia L. Cincone

In <i>Levi Strauss &amp; Co. v. Abercrombie &amp; Fitch Co.</i>, the Ninth Circuit Court of Appeals recently confirmed that Congress expanded the definition of dilution when it adopted the Trademark Dilution Revision Act of 2006.

March issue in PDF format Image

March issue in PDF format

ALM Staff & Law Journal Newsletters &

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Features

IP News Image

IP News

Howard Shire & Joseph Mercadante

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

Features

First Sale Doctrine Gets Multiple Views in Ninth Circuit Image

First Sale Doctrine Gets Multiple Views in Ninth Circuit

Stan Soocher

Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.

Features

The 25% Rule Is 100% Out Under Federal Circuit's Uniloc Decision Image

The 25% Rule Is 100% Out Under Federal Circuit's Uniloc Decision

Rebecca Snavely Saelao

In a case with practical implications for all patent litigants, the Federal Circuit recently rejected the use of the 25% rule to establish a baseline royalty rate to determine patent infringement damages.

Privacy Policies and Data Collection Image

Privacy Policies and Data Collection

Kyle-Beth Hilfer

The conflict between marketers' targeted use of personally identifiable information and respect for consumers' personal privacy will be at the forefront of regulatory efforts this year.

Features

The Perils of Naked Licensing Image

The Perils of Naked Licensing

Christopher P. Bussert

A recent Ninth Circuit decision involving a not-for-profit entity dedicated to "freecycling" (<i>i.e.</i>, a recycling practice of finding new uses for unwanted items) serves as a reminder to trademark owners about the pitfalls of failing to exercise sufficient quality control over licensees.

December IP Litigation Quarterly in PDF Format Image

December IP Litigation Quarterly in PDF Format

ALM Staff & Law Journal Newsletters &

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February issue in PDF format Image

February issue in PDF format

ALM Staff & Law Journal Newsletters &

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