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

IP News
November 02, 2017
Federal Circuit: Collateral Estoppel Can Apply to Patents With Claims Similar To Those in Previously Litigated<br>Federal Circuit Uses 'Rule of Reason' To Determine Patent Owner Had an Early Reduction to Practice
Security First Approach Provides a Significant Advantage to Law Firms
November 01, 2017
The security industry all too often sells the next shiny object touted as the Holy Grail of security that protects against all cyber threats. And the following year, the next best thing hits the market and becomes the grail until proven fallible.
Protecting Product Packaging and Product Configuration
November 01, 2017
Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”
Patent Lost Profit Damages and Apportionment
October 02, 2017
<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.
Qualcomm Slammed In Patent Brawl With Apple
October 02, 2017
Qualcomm Inc. lost two pretrial skirmishes last month in its patent and antitrust battle against Apple Inc. — in just about every way imaginable.
Tactical Considerations for Patent Owner Responses in IPRs
October 02, 2017
U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.
Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal
October 02, 2017
<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.
IP News
October 02, 2017
Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases
On the Move
October 02, 2017
Kobre &amp; Kim LLP announced that Daniel Saval has joined the firm's cross-border insolvency litigation practice as a partner in the New York office.…
Is This Really Patentable?
September 02, 2017
<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

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    The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
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  • Delaware Chancery Court Takes Fresh Look At Zone of Insolvency
    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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