Podcast – ‘We almost missed it’: stories from the frontlines of IP analysis

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Podcast – ‘We almost missed it’: stories from the frontlines of IP analysis

Sponsored by

Logo 22.07.22.png
900x505-article@2x.png

From Donald Duck comics to YouTube videos, prior art can surface in surprising places. Paul Peters and Rob Austin of CAS share memorable stories that highlight the stakes in intellectual property analysis

In the latest Managing IP podcast, Paul Peters and Rob Austin of CAS reveal how prior art can emerge from unexpected sources – and why these discoveries can make or break patent strategies.

The discussion explores the different stages where prior art plays a crucial role, from early ideation to post-grant opposition. Peters and Austin emphasise the importance of close collaboration between attorneys and intellectual property (IP) searchers to clarify exactly what evidence is needed to support or challenge a claim. Sometimes, that evidence comes from the most unusual places.

One oft-cited example is a 1949 Donald Duck comic showing how to raise a sunken ship with ping pong balls, which later scuttled a patent application. Another case involved a Dennis the Menace strip that depicted a dog opening a door, echoing a claimed invention. Even Steve Jobs’ 2007 keynote describing the iPhone’s bounce-back effect was used against Apple in a patent dispute.

Film has also provided ammunition: Stanley Kubrick’s 2001: A Space Odyssey was cited in litigation over rounded-corner displays. More recently, YouTube videos have become a powerful source of non-patent literature, with examiners even timestamping moments to prove prior disclosure.

Chemical patents bring their own challenges. Austin recounts cases where safety data sheets or catalogue listings were decisive in invalidating claims by proving an ingredient’s properties or prior availability.

These stories underscore a central message: prior art can hide in plain sight, and skilled IP professionals are essential in uncovering it before it is too late.

Paul Peters.jpg

Paul Peters

Director, customer success specialists, CAS

Rob Austin.jpg

Rob Austin

Customer success specialist, CAS

more from across site and SHARED ros bottom lb

More from across our site

The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar AI as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Gift this article