Anthony S Volpe

January 03, 2012 | The Legal Intelligencer

By Anthony S. Volpe

1 minute read

November 18, 2011 | The Legal Intelligencer

By Anthony S. Volpe

1 minute read

August 16, 2012 | The Legal Intelligencer

The continuing outrage against patent owners deemed nonpracticing entities (NPEs, aka trolls) appears to be part of our schizophrenia over wanting an economy dominated by creative business types and hating the creative business models that foster that domination. It now appears that there are further factures in what should be deemed a bad NPE and what should be considered a good NPE. In a recent congressional hearing, there were distinctions made among patent owners that just buy patents, patents owners that may have done research for some patents and may buy other patents and university research that produces patents that are commercialized by technology transfer departments.

By Anthony S. Volpe

1 minute read

December 14, 2011 | The Legal Intelligencer

By Anthony S. Volpe

1 minute read

September 14, 2012 | The Legal Intelligencer

The recent U.S. Court of Appeals for the Second Circuit decision in Christian Louboutin v. Yves Saint Laurent, Case number 11-3303, has lessons in it for trademark owners and trademark attorneys.

By Anthony S. Volpe

1 minute read

March 09, 2012 | The Legal Intelligencer

The recent dust-up between University of Pennsylvania Law School and Louis Vuitton raises the question of motivation.

By Anthony S. Volpe

1 minute read

February 16, 2012 | The Legal Intelligencer

The United States Patent and Trademark Office is dealing with the task of establishing regulations and practices to implement the new law. Considering the time it will take for the USPTO to establish them and the time for industry and the legal profession to sort them out and create a working environment, there remain real questions about whether the AIA can or will do anything to improve job creation or economic growth.

By Anthony S. Volpe

1 minute read

February 05, 2013 | The Legal Intelligencer

Virtually every joint venture, whether for an immediate business purpose or long-term research, requires a close relationship between and among the ventures if it is to avoid being doomed to failure from the outset.

By Anthony S. Volpe and Thomas Mattioli

7 minute read

November 09, 2012 | The Legal Intelligencer

Whether color can serve as a trademark has been a long-debated question and the answer or answers to the question have not always been consistent. Much of the confusion stems from concerns about removing the entire portion of the color palette from the public.

By Anthony S. Volpe and Kristine L. Butler

9 minute read

September 05, 2012 | The Legal Intelligencer

In a products liability design defect action, evidence establishing the defectiveness of a product is paramount to a plaintiff's case. Some jurisdictions require the plaintiff to bear the burden of offering evidence of a safer design (often defined as a "reasonable alternative design" or "feasible alternative design"). Similarly, plaintiffs may be required to produce evidence that a manufacturer of an allegedly defective product was on notice of the product's defect and failed to remedy the product. Often, the potential evidence, for either side, that is available through the teachings of patents is overlooked. Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a products liability action. But first some background to set the environment for how patents become patents.

By Anthony S. Volpe and Max S. Morgan

11 minute read