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We found 1,293 results for "The Intellectual Property Strategist"...

IP News
August 01, 2021
Federal Circuit, Citing Forum-Shopping, Transfers Patent Cases to California
Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
July 01, 2021
The U.S. Court of Appeals for the Second Circuit recently took that issue up as an "issue of first impression," explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.
U.S. Supreme Court Largely Upholds IPR Proceedings In 'Arthrex'
July 01, 2021
In a decision authored by Chief Justice Roberts, the Supreme Court ruled that the statutory scheme appointing PTAB administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S. Constitution.
Third Circuit Hears Case On Interaction of Publicity Rights and the CDA
July 01, 2021
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
DOJ Looking to Develop New SEP Policies
July 01, 2021
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
IP News
July 01, 2021
Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence Federal Circuit Reverses District Court's Decision Dismissing a Declaratory Judgment Action for Lack of Personal Jurisdiction Because the Patent Owner Directed Extensive Communications to the Judicial District
Admissibility of Evidence from Post-Grant Proceedings In District Court Trials
June 01, 2021
Courts are increasingly excluding all evidence relating to post-grant proceedings before the PTAB, except when it is used for impeachment. This article reviews recent decisions on this issue from some of the nation's busiest patent districts.
Everything You Need to Know About Law Firm Content Marketing
June 01, 2021
There are six steps to developing a content marketing program. These steps should give you the framework you need to execute an ongoing — and effective — content marketing model.
U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity
June 01, 2021
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."
Counterfeiting vs. Infringement: Second Circuit Weighs In
June 01, 2021
In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.

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    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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