In some earlier posts (titled The Breyer Ascendancy and the The Breyer Ascendancy, Part II) I have suggested that we may have  reached an inflection point where Justice Breyer is no longer just the Supreme Court’s leading skeptic on intellectual property protection, but where he is primed to lead his colleagues in a major retrenchment of IP protections.  Though I…

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It has been almost 25 years since Laramie, a small Philadelphia-based purveyor of “rack” (read “knockoff”) toys switched roles and scored an enormous hit with its TV-advertised, patented, and SUPER SOAKER® branded line of air pressure water guns. As Laramie’s chief intellectual property enforcer at the time, I remember well several frenetic years of legal…

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