Category Archives: Intellectual Property

America Invents: The Unintended Consequences of Patent Reform

Notwithstanding the inherent unreliability of legislative history and the truly scary prospect of trying to get inside the head of Members of Congress, it seems fairly clear to me that the America Invents Act, which was signed into law by President Obama on September 16, 2012, contains at least a handful of things that can only be characterized as unintended consequences. Among them are: (1) U.S. patents issued from foreign filings will be prior art as of the foreign filing date; (2) commonly owned patent applications cannot be used against each other for novelty purposes; and (3) the creation of an post grant challenge limbo because of the delay in initiating post-grant review procedures... To continue reading this legal news please click Read full information...

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What Are the State Insurance Requirements / Financial Responsibility Laws for Motorcycle Owners in the State of Florida?

In the State of Florida, a person can own a motorcycle and have no insurance in place whatsoever for that motorcycle. Florida law under most instances has no requirements for motorcycle owners and bikers. Of course, the laws for financial responsibility are much different for owners of motor vehicles including passenger vehicles, automobiles, trucks, and commercial vehicles. See Section 324.01 – Financial Responsibility Laws for Vehicles (Other than Motorcycles). According to Daniel Miller, insurance agent and agency owner of Brightway Insurance Jacksonville, all motorcycle owners should insure their motorcycles with the following coverages: property damage liability, bodily injury liability, uninsured or underinsured motorist coverage, collision coverage, and medical payment coverage. Miller states that, "Having sufficient motorcycle coverage in place is essential for the motorcyclist and the owner of the motorcycle whether Florida law requires it or not." See Brightway Insurance – Jacksonville for more information as to motorcycle insurance and your other insurance needs. Unfortunately, far too many motorcycle owners are uninsured or lack insurance that they need when there is a Florida motorcycle accident that results in personal injuries. Of course, a motorcycle can pursue a claim against the insurance policy of the at fault driver; however, it is typically better if the motorcyclist / biker has his or her insurance in place to cover some of the expenses and medical bills up front when there is a motorcycle accident. Furthermore, many motorcycle accidents in Florida are hit and run type of accidents. A driver of a motor vehicle crashed into an innocent biker / motorcyclist and then flees the scene. In cases involving a hit and run driver, having the right kind and amount of motorcycle insurance in place is vital in order for the injured biker to get the medical care and compensation he or she deserves for the accident related injuries... To continue reading this legal news please click Read full information...

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Damages Expert May Not Rely on Unproduced License Within Expert's Personal Knowledge

Plaintiff's motion to exclude portions of defendant's damages expert's opinion was granted as to a license relied upon by the expert that was never produced. "Defendant contends that [the expert] is able to rely on this data because it falls within his personal knowledge. Because [defendant's expert] relied on the license, did not produce the license, and was unable at deposition to elaborate on the details of the license, he may not make reference to this license or its contents." Alexsam, Inc. v. Shell Oil Company, et. al., 2-08-cv-00015 (TXED October 14, 2011, Order) (Schneider, J.).. To continue reading this legal news please click Read full information...

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Has Business Idea: Needs Protection

Birds killing pigs to get eggs? Another world-changing idea! Dear Rich: What is the best way to determine if a business idea and its application can be trademarked and or copyrighted?If I determine the application can't be protected, can I protect the name I give the application? The Dear Rich Staff has come up with a lot of great business ideas over the years. Once we had this idea for a cigaret ring that you could stick your cigaret into so you wouldn't get tobacco-stained fingers. Alas, our prototype was a big failure, almost triggered a mini-conflagration, and was fully abandoned when we decided we didn't need to enable smokers. Then, we had this idea to embed words into kaleidoscopes so that random messages would come up when you turned the viewer. Interesting idea … but impossible to implement even after buying several books on kaleidoscope construction. Then, we had this idea … well, you get the picture. Like they say ideas are easy; implementation is tough. So, on the one hand, it's important to consider whether your ideas (or applications) can be protected, and on the other it's often more important to determine if the idea can be commercially implemented. Right, you had a question. Copyrights don't protect ideas, only their expression. So, for example an idea for a software game about angry birds cannot be protected. However, the Angry Birds application that actually performs this task — and enslaves and distracts millions of healthy minds — can be protected under copyright law (and patent law if it's novel and not obvious). Names for products and services can usually be protected under trademark law. Here's where you can read more about copyrights, patents, and trademarks... To continue reading this legal news please click Read full information...

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Marketing Online for Legal Professionals

It requires a lot of work to get your firm launched but the work doesn’t end there. You must also work hard to get your organization’s name out there. And it isn’t only law firms that must do this – it applies to all firms that wish to be effective. Continue reading

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