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We found 1,300 results for "The Intellectual Property Strategist"...

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress
July 03, 2017
Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
IP News
July 02, 2017
Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer<br>Federal Circuit Decisions Offer Guidance on Award of Attorney Fees under Section 285
Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision
July 01, 2017
The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
Transactions Triggering the 35 USC §102 On-Sale Bar
July 01, 2017
Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.
<b><i>BREAKING NEWS</i></b><br>Michelle Lee Resigns as PTO Director
June 07, 2017
Michelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.
Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation
June 02, 2017
Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Emerging Issues In the DTSA's Second Year
June 02, 2017
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.
Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers
June 02, 2017
The Fourth Circuit Court of Appeals is gearing up to hear argument in <i>BMG Rights Management v. Cox Communications</i>, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.
IP News
June 02, 2017
PTAB Did Not Deny Procedural Due Process By Adopting a Claim Construction not Offered by the Parties During IPR<br>USPTO Did Not Exceed Authority in Granting Inter Partes Reexamination after Requester Sought to Have It Denied
USPTO Continues to Demand Attorneys' Fees for District Court Appeals
May 02, 2017
Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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