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Patent Trolls-A Primer (Part 2)

Why NPEs Are OMG! Last time, I explained what patent “trolls”—more politely known as a non-practicing entities or “NPEs”—are and why their business model is such a good one. Mostly they benefit from asymmetrical warfare: a defendant must spend much more money, time...

Patent Trolls: A Primer (Part 1)

It’s More Complex Than You Might Think With several bills pending in Congress and executive action by the current presidential administration, with the accompanying rhetoric, you just might start to wonder about—or maybe have already formed an opinion on—“patent...

Transform my Hart: Publicity Rights in Expressive Material

Divided Third Circuit Reverses in EA v. Hart Way back in September 2011, I blogged about Hart v. EA, mostly as an introduction to publicity rights. Hart was a former NCAA quarterback (and former teammate of Ray Rice at Rutgers) whose image (like many other former NCAA...

Is Nimmer & Menell’s "Lost Ark" of Copyright Just a Prop?

Spoiler: Yes. So, I’m talking about this article of mine that was kindly published by the Vanderbilt Journal of Entertainment and Technology Law (“JETLaw”). See part I here. The issue has to do with one of copyright law’s “exclusive...

Is Nimmer & Menell's "Lost Ark" of Copyright Just a Prop?

Spoiler: Yes. So, I’m talking about this article of mine that was kindly published by the Vanderbilt Journal of Entertainment and Technology Law (“JETLaw”). See part I here. The issue has to do with one of copyright law’s “exclusive...