The first general rule is that whenever the Supreme Court accepts a patent case, it will reverse the lower court decision and change the law.  The second general rule is that whenever the Supreme Court decides a patent case the law is left in worse shape than it was before. This time, the Supremes have […]

When lawyers and lay people talk about “intellectual property” (IP) they are usually referring to patents, trademarks, copyright, and trade secrets. But IP may consist of other rights including the “right of publicity.” The right of publicity refers to those rights related to control of the commercial use of one’s identity typically consisting of a […]

During a recent presentation on copyright law to the Lehigh Valley Photography Club, several members expressed an interest in knowing whether posting images to a photo sharing site such as Flickr.com was “publication” for purposes of copyright registration. I expressed my opinion that it is publication. I thought it would be useful to take a […]

Entire industries are built around the business model of a cheap product and expensive consumables for that product – think ink jet printers, electric toothbrushes and shaving razors.   Controlling replacement parts also is a lucrative sideline for manufacturers of big-ticket items – prime examples are automobile fenders and other collision repair parts. So why don’t […]

Dear Doc: I hear that in patent law, there’s a new worry about “Mayo”. What’s up? Did someone leave it out of the fridge? Did it spoil? Did folks get sick? Signed, The Entire Pharmaceutical Industry Dear Industry: The “Mayo” you heard about has spoiled a lot of things, and is likely to cause a […]