Patent Law

The IP Litigator's Holy Grail: Dismissal without Leave to Amend

Posted on January 02, 2008
 (left, the victorious Karen R. Thorland of Loeb & Loeb)Just as we're waxing philosophic about litigation's questionable ability to effectively and efficiently resolve a dispute requiring factual findings, along comes a ruling that not only resolves a mixed question of law and fact, but does so at the pleading stage without giving Plaintiff a chance to amend the Complaint...

Duane Morris on Lapp Factors: Are We Clear? Crystal!

Posted on January 02, 2008
Duane Morris reports today on the Third Circuit Decision Clarif[ying] Proper Use of Lapp Factors in Trade Dress Infringement Actions.I leave the strictly legal analysis to my fellow IP legal bloggers.  See e.g. the 43(B)log's treatment of the denial of the preliminary injunction by the District Court here...

Happy New Year by Anthony (Space

Posted on January 01, 2008
Happy New Year by Anthony (Space Potato)

Possessed by Possession: Egypt to Copyright Pyramids

Posted on December 29, 2007
Wikimedia assures me this photograph is royalty free.  The pyramid it depicts?  Not so much.Thanks again to Plagiarism Today's Saturday  Linkroll for this citation to the Christmas 2007 record:Cairo - In a potential blow to themed resorts from Vegas to Tokyo, Egypt is to pass a law requiring payment of royalties whenever its ancient monuments, from the pyramids to the sphinx, are reproduced...

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Wikimedia Commons: Sharing IP Visions with No Strings Attached

Posted on December 29, 2007
Bloggers with no visual artistic talent -- like me -- are perennially searching for free images to emphasize or draw attention to the central theme of their prose.  As powerful as words can be, they cannot deliver the multi-layered messages contained in a single image  with the same degree of immediacy or power...

From Theory to Practice: the Questionable use of Custom in the Law Governing Intellectual Property

Posted on December 27, 2007
If you're feeling all pipe-smokish and tweedy this holiday season, take a look at Loyola Law School Professor Jennifer E. Rothman's article in the Virginia Law Review, The Questionable Use of Custom in Intellectual Property (2007) 93 Va. L. Rev...

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