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

May issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
What Is Reasonable?
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.
TiVo v. EchoStar: Federal Circuit Does the Time Warp
In <i>TiVo, Inc. v. EchoStar Commc'ns Corp.</i>, the Federal Circuit affirmed TiVo's $74 million judgment against EchoStar and reinstated TiVo's permanent injunction. If the parties could go back in time having the benefit of the Federal Circuit's decision, the patent-in-suit might be drafted differently and the claim construction arguments might be more persuasive. This article explores some of the lessons from the Federal Circuit's decision.
Who Owns the Web Site? Preventing Disputes Between You and Your Web Designer
Hiring an outside Web designer can be an efficient and effective way of ensuring a high-quality Web site for a company. However, when the relationship with the designer ends, the question of who owns the copyright in the Web site can lead to contentious and costly litigation.
April issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Employees' Inventions: Who Owns What Rights?
What rights does an employer have in an employee's patent? The short answer is, it depends. The employer may have a right of assignment &mdash; that is, a right to outright ownership of the patent. Another possibility is a so-called 'shop right,' in which the employee owns the patent, but the employer has a non-exclusive, non-transferable license to use the invention in its business. There is also a distinct possibility that the employer has no rights whatsoever in the patent.
The Far-Reaching Effects of Inequitable Conduct
The Federal Circuit recently held that an applicant's failure to disclose material notes to the U.S. Patent and Trademark Office can result in a finding of inequitable conduct that may render a patent, and even related patents, unenforceable.
Boston Duck v. Super Duck: Court Rules That Sponsored Linking Can Ruffle Feathers
In <i>Boston Duck Tours, LP v. Super Duck Tours</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline trademark principles.

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    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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