Intellectual Property

Examiner and Board Must Be Consistent in Prior Art-Based Rejections of Similarly-Worded Claims

The USPTO should be consistent in rejecting similarly-worded claims under the same rationale, the U.S. Court of Appeals for the Federal Circuit said in a ruling that affirmed in part, vacated in part, and remanded back to the PTO’s Board of Patent Appeals and Interferences a case concerning a visual inspection system for printing presses.

Wizard of Oz Celebrates 75th Anniversary & Victory in Copyright and Trademark Dispute Over Film Characters

After more than seven years, Warner Bros. managed to convince a court that, though Dave Grossman Creations, Inc. used images from the public domain to create its unauthorized Wizard of Oz collectibles, the items were still in violation of the movie studio’s copyright.

Raging Bull Copyright Case Impacts Jay-Z Litigation

In its May Raging Bull decision, the Supreme Court ruled that the equitable defense of laches – an unreasonably delay […]

Alternative Fee Arrangements in IP Cases

Robins, Kaplan, Miller & Ciresi attorney Marla R. Butler considers several alternative fee models specifically as applied to intellectual property […]

Are Domain Names Property?

A lawsuit pitting a group of plaintiffs against the governments of Iran, Syria and North Korea has used the D.C. […]

Overworked, Hurried, Patent Examiners May Be A Troll’s Best Friend

The harried state of the US Patent Office’s workforce, swimming in a glut of new patent filings, is eroding their […]

Managing Risk in Foreign Patent Filings

“Even one misused word can result in costly delays and office actions during patent prosecution, and leave enterprises vulnerable to litigation.”

Adam Carolla Won’t Let Patent Troll Drop Lawsuit Against Him

After Personal Audio LLC, a patent assertion firm, sued comedian Adam Corolla for infringing on its patent for “episodic content,” […]

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

patent cases was recently applied by a Southern District of New York judge to award attorney’s fees to a plaintiff who fended off “predatory” patent infringement threats.

Avoiding Legal Problems In Product Packaging

The holidays are right around the corner as far as much of the consumer manufacturing industry is concerned. Competition will […]

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