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We found 1,385 results for "The Intellectual Property Strategist"...

December issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Prasco v. Medicis: CAFC Draws a Line in the Sand
In <i>Prasco, LLC v. Medicis Pharm. Corp.</i>, the Federal Circuit declined to allow a declaratory judgment action on unasserted patents and provided some useful guidance in understanding what factual circumstances would be insufficient to establish a justiciable controversy.
Harry Potter Decision Provides Guidance on Fair Use
In <i>Warner Bros. Entertainment Inc. v. RDR Books,</i> the Southern District of New York addressed the issue of when a reference guide constitutes a fair use.
On Shaky Ground: The (Near) Future of Patents After Bilski
This article explains some of the key problems in the Federal Circuit's <i>In re Bilski</i> decision and discusses the potential impacts of the decision and strategies to deal with these impacts.
November issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Voda v. Cordis Corp.: Catheters Won't Relieve the Pressures Facing Injunction Seekers
After a successful willful infringement verdict, which subsequently resulted in treble damages, the issue of willful infringement may not yet be decided.
The TDRA Turns Two: But Are Trademark Owners Better Off?
Through the TDRA, Congress intended to clarify the standards of fame and dilution for trademark owners, but the courts have struggled to come up with a uniform application of these tests.
Has the Federal Circuit Strengthened Design Patent Protection?
In <i>Egyptian Goddess v. Swisa</i>, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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