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We found 1,385 results for "The Intellectual Property Strategist"...

Battle Lines Sharply Drawn in Viacom's Appeal of U.S. District Judge's Ruling in YouTube Case
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.
Calculating Reasonable Royalty Damages for Indirect Infringement
In two recent cases decided only three weeks apart, the Federal Circuit gave conflicting pronouncements on the issue of whether trial courts can limit damages as a matter of law to proven instances of direct infringement.
Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine
On Dec. 13, 2010, the U.S. Supreme Court affirmed a Ninth Circuit decision limiting the first sale doctrine to copyrighted works manufactured in the United States or sold with the copyright holder's authority.
Social Networking
Not only is social networking taking over how we live, work, communicate and "socialize," it is changing how lawyers litigate and practice law.
SWOT-ting Yourself ' and Your Competition
One tool used by for-profit and non-profit firms alike to plan to achieve specific goals is SWOT analysis. At its most basic level, a firm identifies its strengths, weaknesses, opportunities and threats when decision-makers ' and others, if the process is planned that way ' thinking about how to achieve one goal, or more.
January issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Fast or Slow?
A threshold question for each patent filing is the speed at which a patent is desired.
New Math for the Entire Market Value Rule
A recent order from the Eastern District of Texas shows that patentees may not be able to calculate damages under the entire market value rule using a simple (<i>market value base ' royalty rate</i>) formula. Such damages calculations may be excluded from trial, leaving the patentee seeking to recover a fraction of the original damages figure.
Ninth Circuit Holds That Even Brats Deserve Equitable Treatment
Many companies require their employees to sign agreements that any inventions they create "during the course of their employment" will belong to the employer. A recent case decided by the Ninth Circuit, however, illustrates why companies should revisit such agreements in order to ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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