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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

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