False Hope?

One of the most prominent copyright/fair use cases over the last year has been artist Shepard Fairey’s dispute with the Associated Press (AP) over his famous poster of now-President Obama during the 2008 Presidential Campaign. The poster, which featured a...

The Bilski Effect: Not Just Business Methods

In Diamond v. Diehr, the Supreme Court held that a process claim is not patent-eligible under 35 U.S.C. § 101 if the claim preempts a “fundamental principle,” such as a law of nature, a natural phenomenon, or an abstract idea.  On the other hand, a claim is...

Gawronski v. Amazon Update

The New York Times reported today that Amazon has changed its mind yet again about deleting Kindle copies of Orwell works, due to it lacking the rights to them. Amazon is now offering affected customers a free upload of a different, legally authorized...

Twitter Sued for Patent Infringement

Twitter has been the subject of controversy as of late, primarily regarding the content of “tweets,” Twitter’s user-sent messages.  Some of this controversy has turned into legal action.  While the highest-profile controversies involve celebrities,...