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We found 1,306 results for "The Intellectual Property Strategist"...

IP News
February 28, 2011
Highlights of the latest intelletual property news from around the country.
First Sale Doctrine Gets Multiple Views in Ninth Circuit
February 28, 2011
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.
The 25% Rule Is 100% Out Under Federal Circuit's Uniloc Decision
February 28, 2011
In a case with practical implications for all patent litigants, the Federal Circuit recently rejected the use of the 25% rule to establish a baseline royalty rate to determine patent infringement damages.
Privacy Policies and Data Collection
February 28, 2011
The conflict between marketers' targeted use of personally identifiable information and respect for consumers' personal privacy will be at the forefront of regulatory efforts this year.
The Perils of Naked Licensing
February 28, 2011
A recent Ninth Circuit decision involving a not-for-profit entity dedicated to "freecycling" (<i>i.e.</i>, a recycling practice of finding new uses for unwanted items) serves as a reminder to trademark owners about the pitfalls of failing to exercise sufficient quality control over licensees.
Managing Employees on Social Media
February 27, 2011
With social media here to stay and smart mobile devices abounding in offices, employers need to accept that they cannot legally or practically shut down the conversation. Here's what to do.
Terminating Employees for Unapproved Posts
February 27, 2011
Are employers "free to fire" if their employees violate social media policy? The answer might surprise you.
Bankruptcy Auctions
February 25, 2011
This article highlights the tension courts face between recognizing the finality of a sale and reopening a sale process if potentially greater value for the creditors exists.
IP News
January 27, 2011
Highlights of the latest intellectual property news from around the country.
Battle Lines Sharply Drawn in Viacom's Appeal of U.S. District Judge's Ruling in YouTube Case
January 27, 2011
Now that the long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit, the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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