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We found 1,286 results for "The Intellectual Property Strategist"...

Contributory Copyright Infringement and Peer-to-Peer Networks
August 26, 2003
The second labor of Hercules was to kill the monstrous nine-headed Hydra. When Hercules struck off one of the Hydra's heads, two new ones grew forth in its place. The entertainment industry's fight against its modern menace, peer-to-peer file sharing networks, presents no lesser task. The record companies successfully shut down Napster (<i>see A&amp;M Records, Inc. v. Napster, Inc.</i>, 114 F. Supp. 2d 896 (N.D. Cal. 2000), <i>aff'd in part, rev'd in part</i>, 239 F.3d 1004 (9th Cir. 2001)) and Aimster (<i>see In re Aimster Copyright Litig.,</i> 2002 U.S. Dist. LEXIS 17054 (N.D. Ill. 2002)) only to witness the instant emergence of Gnutella, Grokster, Kazaa, Morpheus, and similar services (as well as the re-emergence of Aimster, now known as Madster). We know, of course, that Hercules completed his second labor after figuring out that he could prevent growth of the new heads by burning the wound. However, unlike the Hydra, peer-to-peer file sharing technologies evolve quickly and swiftly adapt to changed circumstances. Thus, Hollywood's plaintiffs are likened more to Sisyphus (who was condemned to an eternity of pushing the rock up the mountain only to have it fall down again) than to Hercules. The most recent example is the decision in <i>Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.</i>, 2003 U.S. Dist. LEXIS 6994 (C.D. Cal. April 25, 2003).
Application of the Reverse Doctrine of Equivalents to Amgen v. Hoechst Marion, Inc.
August 26, 2003
In the previous issue, we discussed the principle of the Reverse Doctrine of Equivalents and provided several illustrations of cases that have addressed the same. In this issue, we apply the principle to the <i>Amgen, Inc. v. Hoechst Marion, Inc.</i> case, wherein the defendants Hoecht Marion and Transkarayotic Therapies (collectively 'TKT') were found liable for infringing several of Amgen's patents. <i>Amgen, Inc. v. Hoechst Marion, Inc.</i>, 126 F. Supp. 2d 69 (D. Mass. 2001). Although the Reverse Doctrine of Equivalents defense was not raised, this article discusses how this doctrine might have relieved TKT of liability.
Furthering Insolvency?
August 15, 2003
What was Enron's Board thinking? Where were the Tyco directors while Dennis went shopping? Had MCI's directors been invited to Scott's new Florida mansion? This stuff makes the headlines, but all across the country, decisions are made by boards of directors that don't come close to this scale and will never see the light of day, much less a courtroom. However, these decisions are no less questionable and susceptible to attack, leaving a director in litigation for years. This is particularly true should the company end up in bankruptcy with creditors having been harmed.
Bankruptcy: What Happens to the Royalty Payments?
August 01, 2003
In a decision interpreting for the first time certain provisions in the Bankruptcy Code, the Third Circuit Court of Appeals concluded that royalty payments belonged to the estate of the bankrupt debtor/licensor rather than to the new owner by assignment of the underlying intellectual property covered by the licenses. <i>In re CellNet Data Systems, Inc.,</i> 327 F.3d 242 (3d Cir. 2003). The Third Circuit held that the debtor/licensor was permitted to sever the right to receive the remaining royalty payments due on the license from the transfer of the underlying intellectual property rights.
Look, But Don't Touch: The Consequences of Removing, Modifying or Destructing Visual Art in Buildings
August 01, 2003
Unknowing building owners can incur substantial liability when incorporating certain artistic works within their buildings. The Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. 106A, limits the ability of a building owner to alter, move, or remove a "work of visual art." This article will provide an overview of this statute and its interpretation and application by various courts.
IP News
August 01, 2003
Highlights of the latest intellectual property news and cases from around the country.
The Value of 'Research Tool' Patents in View of <i>Integra v. Merck</i>
August 01, 2003
On June 6, 2003, the Court of Appeals for the Federal Circuit seemingly breathed new life into research tool patents when it held that the use of patented peptides for drug discovery was not exempt from infringement under the "safe harbor" provision of 35 U.S.C. '271(e)(1). <i>Integra Lifesciences, Ltd. v. Merck KGaA,</i> 331 F.3d 860 (Fed. Cir. 2003). In an earlier case, <i>Bristol-Myers Squibb Co. v. Rhone-Poulenc Rorer, Inc.,</i> No. 95 Civ. 8833, 2001 WL 1512597 (S.D.N.Y 2001), a district court had ruled that the use of patented intermediates for drug screening was non-infringing, thereby implicating that the use of other research tool patents for drug discovery was likewise sheltered from infringement liability under '271(e)(1).
Patent News
August 01, 2003
Highlights of the latest patent news and cases from across the country.
IP News
May 01, 2003
Highlights of the latest intellectual property cases and news from around the country.
Enforcing Reverse Engineering Prohibitions in Shrink- and Click-wrap Licenses: A Report on Bowers v. Baystate Technologies, Inc.
May 01, 2003
The practice of "reverse engineering," whereby one company obtains the product of a competitor and works backwards "to divine the process which aided in its development or manufacture," has long been accepted as a legitimate (and sometimes wholly necessary) practice in the computer software marketplace. <i>Kewanee Oil Co. v Bicron Corp.</i>, 416 U.S. 470, 476 (1974).

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