artful Insights
artful Insights
Professionalism in the Practice of Law: Why Following the Rules Is Not Enough
Most lawyers understand their obligation to comply with the Rules of Professional Conduct. Ethical rules establish important boundaries, protect clients, and help preserve confidence in the legal system. But professionalism requires more than simply avoiding ethical violations. The most…
Read MoreExaminer Interviews in Patent Prosecution: How to Advance Prosecution While Maintaining a Clean Record
Examiner interviews are one of the most effective tools available to patent practitioners during prosecution. A productive discussion with a patent examiner can clarify remaining issues, more quickly identify claim amendments that overcome the cited art, and help move an application toward allowance more efficiently than a written response alone. At the same…
Read MoreProfessionalism and Civility: Why the Golden Rule Still Matters in Legal Practice
The practice of law is inherently adversarial. Attorneys are expected to advocate vigorously for their clients, advance difficult positions, and navigate high-stakes disputes. Yet some of the most important obligations in the legal profession have nothing to do with…
Read MoreWhen History Is Copyrighted: Lessons from the Zapruder Film
Some of the most important moments in history are not captured by professionals, but by ordinary individuals in the right place at the right time. Few examples illustrate this better than the Zapruder film, a…
Read MoreWhen Streaming Meets Leakage: What the Avatar: Aang, The Last Airbender Leak Signals for Film IP Protection
Pre-Release Leak Raises Industry Concerns Recent reports that Avatar: Aang, The Last Airbender has been leaked on social media ahead of its planned October 2026 release raise concerns for intellectual property owners across the film and streaming…
Read MoreUSPTO Opens the Door Wider for Protecting SaaS User Interfaces
On March 13, 2026, the USPTO issued new examination guidance that significantly eases design patent protection for computer‑generated interfaces and icons. The update relaxes how applicants must identify an “article of manufacture” under 35 U.S.C.…
Read MoreDesign Patents for Industrial Products: Global Strategies and Practical Lessons
Design patents are often associated with consumer products, sleek electronics, or fashion. But for many companies, especially those in industrial markets, design protection can be just as critical. A closer look at global design patent…
Read MoreSupreme Court Clarifies Contributory Copyright Infringement in Cox v. Sony
On March 25, 2026, the Supreme Court issued its decision in Cox Communications, Inc. v. Sony Music Entertainment, reaffirming the limited scope of contributory copyright liability. The Court reversed a $1 billion jury verdict against Cox and clarified that mere knowledge of…
Read MoreHow LKQ Corp. v. GM Reshapes Obviousness for Design Patents
The Federal Circuit’s ruling in LKQ Corp. v. GM has significantly altered the legal framework for evaluating design patent obviousness, replacing the long-standing Rosen/Durling test with a new analytical approach. This decision is already influencing…
Read MoreUDRP: One Tool To Address Online IP Infringement
You run an ecommerce business, selling products through your own website—let’s say it’s [yourname.com]. One day, a customer emails you asking why their order never arrived. You check their confirmation number, but there’s no record…
Read MoreDon’t Despair. Try to Declare! – Best Practices for Rule 132 Declarations
A Rule 132 Declaration is one patent prosecution tool for introducing relevant evidence into the examination record for overcoming a rejection. Because attorney arguments cannot take the place of factual evidence, it can be beneficial…
Read MoreFinal Rule on USPTO Fee Changes
The US Patent and Trademark Office (USPTO) issued a final rule increasing fees effective 19 January 2025. The new fee rules include across-the-board increases of about 7.5% and other targeted increases intended to secure funds…
Read MoreE-commerce Patent Enforcement: Protecting Rights Holders in Online Retail
Too often, a company will create a new product, market it via online retail channels, and then discover someone (often multiple entities) has copied their product, interfering with profits and brand development for the original…
Read MoreEx Parte Reexaminations
Ex Parte Reexamination remains a viable way for patent owners and third parties to request the U.S. Patent and Trademark Office to reconsider the validity of a granted patent based on patents and other printed…
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