In our last newsletter we wrote about Taylor Swift’s open letter to Apple, Inc. and the ensuing kerfuffle over Taylor Swift’s hypocrisy for the way she treated photographers covering her concerts. Just to recap, Swift’s letter to Apple scolded the company for not compensating artists during its customers’ 3-month free Apple Music trial. Apple, you […]

In Alice v CLS Bank, the Supreme Court determined that an abstract business method implemented by software entirely within a computer was not ‘patentable subject matter,’ meaning that the invention could not be protected by patent even though it met all of the requirements for a patent; namely, the process was novel, unobvious and had […]

‘Generalissimo Francisco Franco is Still Dead!’* At least insofar as patent licensing goes.  On June 22 the Supreme Court decided yet another patent case – this one relating to patent royalties after the patent expires.  In 1964, the Supreme Court in the Brulotte case determined that even with a contract, a patent owner cannot collect royalties for […]

On the subject of interesting IP spats, here’s one that’s worth smiling (or frowning) over. You may know that Taylor Swift recently complained in an open letter to Apple about its using musicians’ work without compensation during the 3-month trial period of its new music streaming service (which, by the way, debuts today).  Swift wrote: […]

Ask Dr. Copyright … Dear Doc: Back in April 2013, you wrote about how Richard Prince drew a few electric guitars and naughty bits on photos taken by photographer Patrick Cariou, and then sold them to Beyoncé, Giselle, and other really famous people for tons of money.  I seem to remember that a court said […]

“They’re baaack…”* *Heather Michele O’Rourke, ‘Poltergeist II,’ 1986 Congress, that is.  Several patent bills are pending, most of which will make it more risky and expensive to enforce a patent or defend against a patent infringement action in court.  These bills represent the second half of the America Invents Act, which changed the patent landscape […]