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The Intellectual Property Strategist

September 2024
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Features

IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

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

Features

Battle Lines Sharply Drawn in Viacom's Appeal of U.S. District Judge's Ruling in YouTube Case Image

Battle Lines Sharply Drawn in Viacom's Appeal of U.S. District Judge's Ruling in YouTube Case

Amanda Bronstad

Now that the long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit, the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.

Calculating Reasonable Royalty Damages for Indirect Infringement Image

Calculating Reasonable Royalty Damages for Indirect Infringement

Dmitry Karshtedt

In two recent cases decided only three weeks apart, the Federal Circuit gave conflicting pronouncements on the issue of whether trial courts can limit damages as a matter of law to proven instances of direct infringement.

Features

Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine Image

Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine

Jess M. Collen & Tom Gulick

On Dec. 13, 2010, the U.S. Supreme Court affirmed a Ninth Circuit decision limiting the first sale doctrine to copyrighted works manufactured in the United States or sold with the copyright holder's authority.

January issue in PDF format Image

January issue in PDF format

ALM Staff & Law Journal Newsletters &

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Features

IP News Image

IP News

Howard J. Shire & Joseph Mercadante

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

Features

Fast or Slow? Image

Fast or Slow?

Louis D. Lieto & Vern Norviel

A threshold question for each patent filing is the speed at which a patent is desired.

New Math for the Entire Market Value Rule Image

New Math for the Entire Market Value Rule

Robert Buergi

A recent order from the Eastern District of Texas shows that patentees may not be able to calculate damages under the entire market value rule using a simple (<i>market value base ' royalty rate</i>) formula. Such damages calculations may be excluded from trial, leaving the patentee seeking to recover a fraction of the original damages figure.

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment Image

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment

Stephen W. Feingold & Katharine M. Sullivan

Many companies require their employees to sign agreements that any inventions they create "during the course of their employment" will belong to the employer. A recent case decided by the Ninth Circuit, however, illustrates why companies should revisit such agreements in order to ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.

December issue in PDF format Image

December issue in PDF format

ALM Staff & Law Journal Newsletters &

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