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Ways Patent Infringement may be Committed

Posted by on Jul 21, 2017 in Patent Infringement | 0 comments

A patent is a federal government-issued document that protects an original material invention from being exactly copied, used and/or sold by another; it also gives the inventor the legal right to prohibit anyone from using his/her patented original work without his/her authorization or consent.

A patent lasts for 20 years, from the day the patent application was filed. Once approved, it will give an inventor authority to sell, mortgage, lease, tax or transferred through inheritance his/her sole right over his/her invention. However, as a patent expires or becomes invalid, so too does the prohibition against anyone from using the invented thing.

The America Invents Act (AIA), which was passed into law in September 2011, overhauled the policies stipulated in the U.S. patent system. One of the major changes that the AIA made was the implementation of the “first inventor to file” (from “first to invent”) rule which took effect on March 16, 2013. This change was meant to merit those who actually pushed to safeguard their invention.

Three types of patents recognized by the U.S. legal system:

  1. Plant patent–the patent that protects varieties of asexually reproduced and hybrid plants;
  1. Design patent –the patent for the unique appearance of manufactured objects; and,
  1. Utility patents – the patent meant to protect an invention, such as a technological device, a machine or a chemical, which has a specific purpose.

Despite the protection provided by a patent, intellectual properties continue to be threatened by infringing individuals or companies. When someone uses, produces, or sells a patented product, they are guilty of patent infringement. Patent infringement can cause serious financial harm to your business.

The law firm Williams Kherkher explains that a patent infringement can occur in a variety of ways, including the following:

  • Contributory Infringement – Contributory infringement occurs when a patented part is supplied to a company that uses that part for an infringing use.
  • Direct Infringement – Direct infringement occurs when a party manufactures a patented product without the permission of the patent holding party.
  • Indirect Infringement – Indirect infringement occurs when a party helps or supports another party in infringing a patent.
  • Literal Infringement – Literal infringement occurs when the infringing product or action directly corresponds with the wording in the patent claim.
  • Willful Infringement – Willful infringement occurs when the infringement was done intentionally, and is continued after notice of infringement. Willful infringement can lead to the infringing party paying up to three times the amount in damages to the patent holding party.

Federal law governs patent infringement, making the legalities of patents difficult to navigate. Despite this, you must find ways to protect your patent against illegal infringement.

 

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Yes, Spousal Rape Does Happen

Posted by on Jul 21, 2017 in Criminal Defense | 0 comments

When you think about rape, the involved parties that come into your mind are strangers and female victims. But did you know that the involved parties are not limited to strangers, because even those who intimately know each other can be?

Yes, spousal rape does occur. It happens when spouses have sex and one of them has not fully consented. According to the website of Kohler Hart Powell, SC, spousal rape is really one of the recognized kinds of rape. There is also date rape, statutory rape, child rape, prison rape, and many others.

The fact that the involved parties intimately know each other makes spousal rape a hard case to crack, because spouses are known to have consensual sex all the time because of their relationship status. But there are various instances where spousal rape is easier to prove.

Force

If a spouse has been forced to have sex, it can be considered that he or she has been a victim of spousal rape, because he or she has not properly given consent for the act. Force doesn’t necessarily involve physical violence, but when it does, it may result into bruises, particularly on body parts that are often restrained, like the wrists, neck, legs, and hips.

Threat

If a spouse has been threatened of bodily harm, destruction of his or her belongings, or any kind of disadvantage, and if the condition to avoid this disadvantage is through sex, this spouse is clearly being raped. He or she may have technically consented, but this is more of compliance due to coercion.

Consent

One of the main points of rape is that the sexual activity is not consensual, and this concept still applies even after marriage. Other than force and threat, a spouse can be raped if he or she has engaged in sexual activity with the other spouse even though he or she has no capability to give consent, like when he or she is intoxicated, unconscious, or in a poor mental state.

Step Up

Do not be afraid to step up if you are a victim of spousal rape. However, it is important to prove two things: the sexual activity between you and your spouse has truly occurred and it has been non-consensual.

The website of Horst Law mentions that the penalties for marital rape can range from $3,000 to $50,000 in fines and 1 year to 60 years in prison, at least in Tennessee. The severity of fines, prison times, and other penalties may depend on your state and the circumstances surrounding your spousal rape case.

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Investors are Protected under a Range of State and Federal Trade Laws

Posted by on Apr 29, 2017 in Insider Training | 0 comments

Investors are Protected under a Range of State and Federal Trade Laws

Though it does not mean that all investing is productive, it, nonetheless, almost always generate tools of production: a financier is a nourisher of business and thereby a stimulator of production.

A securities market has three principal functions:

  • It is created to help finance growing, or sometimes new, corporations.
  • It helps investors and lenders to locate se­curities which meet their objec­tives.
  • It provides liquidity, to vary­ing degrees, for the securities traded within its domain.

The lines above are contained in “The Nature of Puts & Calls,’” a book was authored by Mr. Anthony M. Reinach in 1961.

Due to the vital role the securities market plays in this country’s economic development, the U.S. Securities and Exchange Commission (SEC) makes detection and prosecution of insider trading violations one of its enforcement priorities, so as not to damage the confidence and belief of investors in the objectivity and integrity of the securities market.

Most investors associate insider trading with illegal conduct; the SEC, however, uses it to refer to both legal and illegal conduct. Legally, insider trading refers to the buying and selling of stocks by officers, directors, and employees and other corporate insiders in their own companies; it only requires corporate insiders to report to the SEC any trading activity they conduct involving their own securities.

Illegal insider trading, meanwhile, according to SEC definition, is “buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, non-public information about the security. Insider trading violations may also include ‘tipping’ such information, securities trading by the person ‘tipped,’ and securities trading by those who misappropriate such information.” (https://www.sec.gov/answers/insider.htm)

Illegal insider trading can be committed by: corporate officers, directors, employees; “tippees” of corporate officers, directors, and employees, such as business associates, friends, or family members; employees of printing, banking, brokerage or law firms; government employees; or anyone who misuses, and takes advantage of, confidential information from his/her employer.

According to the law firm Williams Kherkher, “When you hire a securities and investment firm to handle your investments and savings, you have a reasonable expectation that the company or individual will act in good faith to protect your money and deliver the service that you signed up for. The actions of a dishonest investment adviser or stockbroker can be enough to cause irreparable harm to your investments, your financial security, and your future. As devastating as it can be when your investments take a hit, it is important to remember that investors are protected under a range of state and federal trade laws. As such, there is a good chance you will be able to take legal action against whoever is found to be responsible for the illegal or unethical actions that culminated in your losses.”

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Outdoor Slip and Fall Accidents

Posted by on Jan 27, 2017 in Personal Injury | 0 comments

Slip and fall accidents can happen either indoors or outdoors. In the case of indoors, they may occur because of defects on escalators, elevators, and stairs, or because of floor issues, such as slippery substances, uneven pavements, and holes.

It is important to note that property owners have the responsibility to make sure that their premises are safe, and injuries because of their failure to commit to this responsibility may result into premises liability claims. This is true for both indoors and outdoors.

Ice or Snow Issues

In the case of outdoors, ice and snow are possible factors that may cause a slip and fall accident. Typically, laws do not require property owners to clear the buildup of ice and snow outside their buildings, but there are instances where an unnatural buildup can already cause an accident such as a slip and fall.

One example is slippery ice and snow, as it can slip and trip individuals who are in the area. Another example is how melting ice and snow can create slippery surfaces and puddles of water.

Improper Lighting

Another cause of slip and fall accidents outside is inadequate lighting. If there is not enough light, those in the area will be vulnerable to obstructions that are not easily visible, such as curbs, steps on stairs, uneven surfaces, and even holes. Failure to provide adequate lighting in a property may be eligible to a premises liability claim.

Defective Parking Lot

The parking lot is another outdoor space where a person may be involved in a slip and fall accident. The most common causes of slip and fall accidents on parking lots are defects, such as cracks, potholes, uneven surfaces, and unnecessary obstructions.

Getting injured because of the recklessness and the negligence of another party is one of the most tragic things that can happen to you. You may want to get help from legal professionals who specialize on this type of cases, such as this Houston personal injury lawyer.

But at the end of the day, nobody wants to get involved in the hassles of court and their financial costs. The best way to avoid premises liability claims is to know the possible dangers of the property and be cautious about them.

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Posted by on Jan 3, 2017 in Drunk Driving | 0 comments

by w4l3XzY3

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Drunk Driving: A Danger to Our Roads

Posted by on Oct 29, 2016 in Automobile Accidents | 0 comments

Many of the deadliest car accidents that occur in America are caused by alcohol impairment. According to the National Highway Traffic Safety Administration, alcohol-impaired driving led to 9,967 traffic fatalities in 2014. This number accounted for 31 percent of all reported car accident deaths during the year. Even more alarming, it was estimated that drunk driving caused the death of at least 1 person every 53 minutes all over the country.

Considering these numbers, it’s not surprising that the pushback against drunk driving is becoming more and more apparent in recent years. In fact, in both the federal and state level, many government agencies are taking huge strides in advocating against driving under the influence. The government’s effort to make roads safer by preventing drunk driving is most apparent through the implementation of sobriety checkpoints across the country. These checkpoints are designed to give police more and more opportunity to spot potentially reckless drivers and check for their blood alcohol content or BAC level. For private drivers, the BAC limit is set at 0.08 percent. Meanwhile, drivers operating commercial vehicles are expected to yield to the 0.04 percent limit.

Individuals who continue to insist on driving drunk will meet severe punishment. While laws may differ from state to state, penalties for drunk driving remain notoriously steep for most of America. Drivers convicted of driving under the influence or driving while intoxicated can expect to have to pay expensive fees and spend some time in jail.

Evans Moore, LLC emphasizes the dangers of car accidents, particularly those that are caused by a drunk driver. These accidents can lead to serious consequences, affecting individuals and their families in profound ways. If you or someone you know had been seriously hurt in a drunk driving accident, don’t hesitate to consult with a legal professional in order to receive the just compensation that you deserve.

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Employer Negligence On Truck Accidents

Posted by on Aug 24, 2016 in Truck Accidents | 0 comments

Whenever a truck accident happens, the usual suspect or at fault for the collision is the driver. The last person that they will blame for the accident is the employer or owner of the trucking company. While some accidents are indeed caused by the driver, there are some instances when the employer could have been negligent with their duties. According to the website of Karlin, Fleisher & Falkenberg, LLC, both the employer and the employee have a legal and ethical responsibility to other drivers.

The trucking industry is regulated by state and Federal regulations. These laws lay down the responsibilities of employers. One of the duties of the employer is to make sure that the drivers who operate their trucks is physically fit to do so. The driver they will choose must also have a valid commercial motor vehicle driver’s license or CDL.

It is the job of the employer to make sure that the driver they will choose is capable of safely operating their trucks by letting them complete a road test. Moreover, the employer should ensure that their vehicles are properly equipped with safety equipment. In other words, the employer should see to it that the driver they will hire passed the standards they have set for themselves.

It is also the responsibility of trucking companies to conduct routine drug and alcohol tests on their drivers. These tests should be done in different circumstances such as:

  • During the hiring process
  • After an accident that resulted to injuries or fatalities
  • If the employer suspects that the driver is using drugs or alcohol while on duty
  • It is also the duty of the employer to review the driving record of their drivers. Did they commit any traffic laws? Were they convicted of any charge or for DUI? Employers are required by law to conduct an annual review of their drivers.

These are some instances that can prove negligence on the part of the employer. If they fail on these responsibilities, they could be held liable for any accident that will happen.

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Be Wary of these Factors which can Cause Drowning Accidents

Posted by on May 20, 2016 in Personal Injury | 0 comments

According to the Centers for Disease Control and Prevention, from 2005-2014, the annual average of non-boating related fatal unintentional drownings in the U.S. was 3,536 (yearly average of drowning in boating-related incidents was 332). Drowning, rather than traffic accidents, is actually the leading cause of accidental death among children below five years old. Swimming pools are the most common places of fatal unintentional drowning for children under five, while the most common places of drowning for adults older than 85 and children under age 1 are bath tubs and, for older children and adults, natural bodies of water, including rivers, lakes and oceans.

There are many different factors that may cause drowning, but the one most commonly cited include: lack of pool barriers that would prevent children from gaining access to the pool area; failure to closely supervise children; lack of basic swimming skills; failure to wear a life jacket while boating; intoxication due to alcohol use; and, seizure disorders.

According to The Mokaram Law Firm, drowning, in the worst of circumstances, can result in the wrongful death of a loved one, leaving a family mourning, and even in situations where it does not result in a fatality, the victim can suffer permanent disabilities due to the repercussions of drowning. This is because non-fatal drownings can also cause injuries which are serious enough to alter a person’s life. One example of an injury is severe brain damage which can lead to long-term disabilities, like permanent loss of basic functioning (wherein a person ends up in a vegetative state), memory problems, learning disabilities.

Victims of drowning, by the way, include not only those who lack swimming skills. A number of people who knew how to swim (some were even good swimmers), have also had either fatal swimming accidents or non-fatal accidents but which resulted to serious injuries.

In public pools or resorts, particularly, many fatal drowning accidents occur due to the fault of the person who owns or manages the resort. An owner’s or manager’s lack of initiative to have lifeguards, allow pool drains to remain uncovered, and allow the installation of poorly designed pool safety features are just a few of the factors that increase the risk of drowning accidents. A person whose action or lack of action leads to a drowning accident makes that person accountable for the harm suffered by a victim; he or she may also be held legally accountable and be required to compensate the victim (and his or her family) for whatever damages such victim has been made to suffer.

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Hit-and-run Accidents

Posted by on Nov 18, 2015 in Personal Injury | 0 comments

Nothing is less brave than drivers who hit-and-run when an injured individual is concerned. Usually, hit-and-run car mishaps do not always automatically include individuals or other vehicles. A hit-and-run is understood to be leaving the scene of a traffic crash without preventing the car. For instance, striking hitting a property’s fence and failing inform and to halt the incident’s owner might constitute a hit-and-run. But property-damage is nothing in comparison to physical bodily harm to another person, therefore drivers who do a winner-and-operate when someone is injured is regarded not just civilly but criminally responsible.

Many hit-and-run drivers operate because they fear to be found financially prone to their victim, and lack insurance coverage, or may be driving unlawfully. But doing a hit-and-run is undoubtedly making bad to worse. In general, departing the scene of an automobile crash is tantamount to a hit-and-run, which in many states is an offense. However, the total amount of damage or degree of harm may determine if it’s violation or a felony, and the thresholds vary from state to state. That is, assuming the driver is identified and produced to face the action’s effects.

More than 700,000 hit and run injuries happen every year in the US, and some statement that less than half drivers that are hit and run are identified and captured. An accident lawyer may point out reasons this may be a problem for the accident victim, who is left with the costs for repairing the damaged house or, worse, medical prices for the injury, to not mention other economic and non-economic damages. But there are lawful alternatives open to casualties that are hit-and-run if they know how to proceed.

Casualties of hit-and-run should note just as much detail as they can about the car and also the hit and run motorist down to supply to law enforcement as well as the insurance company. The hit-and-run driver will not do this voluntarily, although if they never get caught, the insurance provider may still cover a number of the expenses.

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Signs of Brake Failure

Posted by on Aug 10, 2015 in Automobile Accidents, Product Liability | 0 comments

If you have ever been in a vehicle when its brakes fail, you know how terrifying that experience can be. We put a lot of faith in our brake systems and expect them to work properly every time we need them. However, sometimes they don’t. When this happens the result can be anything from a good scare to a serious collision. Most often there are signs you can watch out for in order to have the proper repairs made to your car and prevent brake failure.

Every once in a while it is a good idea to turn the radio off and just listen to your vehicle. While it can’t speak to you directly, it can still let you know if something is wrong. If you hear any kind of strange sound when you brake, such as squealing, clicking, or grinding, it would be a good idea to have your brakes checked by a professional. It might be something small like just having to have the brake pads replaced, or it could be a more serious issue with the system itself. When in doubt, it doesn’t hurt just to have it checked.

When you’re driving, there is a lot of ‘feeling’ involved. You feel your car accelerate, decelerate, and if you have a standard, you can feel when you need to shift gears. If you pay attention to how your car feels you might be able to catch a brake issue before it is serious. If your wheel shakes when you brake, if it feels like it is pulling to one side or the other, or if you feel like your acceleration or deceleration isn’t like it used to be, have it checked. These could be signs of any number of issues that can lead to failure and serious injury.

However, sometimes you pay attention and have the repairs made but brake failure still occurs. According to the website of Pohl & Berk, sometimes it is not your fault but rather the manufacturer of either your car or the brake system. Every so often there are defects that can result in brake failure despite your dutiful care. Thankfully, these are small in number. If you pay attention to your brakes and have repairs made when necessary, you do not need to fear brake failure.

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