The Right to Be Forgotten?

Have you ever Googled your own name? Statistics say that you probably have. Egotism aside, in a world where potential employers, schools and even romantic partners are likely to Google you, it would be irresponsible not to be aware of what pops up when you search your name. Many experts (and this non-expert) even recommend setting up a Google alert in your name. But, what can one really do if, for example, your top search Continue Reading →

Must Office Actions Be Disclosed to the PTO under Rule 56?

Inequitable Conduct and the Duty to Disclose 37 CFR 1.56 (Rule 56) establishes that there is a duty to disclose information to the Patent Office. The regulation states that “[e]ach individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability.” The Continue Reading →

This Book Will Self-Destruct In 26 Circulations

As eBooks proliferate, traditional print publishers are challenged to adapt to the changing market.  The latest obstacle involves the role of eBooks in libraries.  HarperCollins, one of six major U.S. publishers, recently announced changes in its eBook policy for libraries.  The new policy, reported by Library Journal, limits each copy of an eBook to twenty-six checkouts.  This means that a library must either discontinue an eBook’s circulation or purchase a new license after twenty-six checkouts.  Continue Reading →

The Myth of De-Identified Data: Sorrell v. IMS Health and the privacy risks of the prescription data trade

While my colleagues have recently identified many of the potential risks and benefits of electronic medical record keeping, a case before the Supreme Court this term presents questions about the potential dangers it poses for patient privacy in particular. Background: Sorrell v. IMS Health In Sorrell v. IMS Health, plantiffs data-mining firms and PhRMA, an association representing pharmaceutical drug manufacturers, have challenged a Vermont law that prohibits drug manufacturers from using of prescriber records for Continue Reading →