The Intellectual Property Strategist

This article explores strategy considerations for the use of parallel patent re-examination proceedings as a tool in patent litigation.

Features

One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.

Features

Prior to launching Apps on smartphone devices, it is advisable that brand owners pause — even if momentarily — to consider the new trademark and related legal issues that this new medium presents.

…

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

Features

The Federal Circuit recently agreed to an en banc review of the admittedly scattered precedents concerning inequitable conduct. <i>Therasense, Inc. v. Becton, Dickinson &amp; Co.</i> In vacating its earlier panel decision in <i>Therasense, Inc. v. Becton, Dickinson &amp; Co.,</i> the rehearing order sets out six issues surrounding the materiality-intent standard at the core of any inequitable-conduct analysis. In the meantime, the current materiality-intent standard continues to result in drastically different outcomes, even among members of the same panel.

Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer's duty to defend a patent infringement suit.

The Innovative Design Protection and Piracy Protection Act ("IDPPA" or S. 3728) was introduced in the Senate on Aug. 5, 2010 by Sen. Charles Schumer. The bill proposes to extend copyright protection to unique fashion designs by amending Chapter 13 of U.S. Code Title 17 (the Vessel Hull Design Protection Act of 1998).