In September of 2011, the America Invents Act (AIA) was passed into law, overhauling 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.
A patent, along with the copyright law, trademark and the state trade secret law, is the U.S. legal system’s way of providing and ensuring protection for all the original works of authors, artists and inventors. A patent, specifically, 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, which lasts for 20 years, beginning on the day the application for the patent was filed, gives a person 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.
There are three types of patents recognized by the U.S. legal system:
Plant patent–the patent that protects varieties of asexually reproduced and hybrid plants;
Design patent –the patent for the unique appearance of manufactured objects; and,
Utility patents – the patent meant to protect an invention, such as a technological device, a machine or a chemical, which has a specific purpose.
The law firm Williams Kherkher explains that a particular invention gets patented only after an inventor’s application for patent has been filed with, and approved by, the U.S. Patent and Trademark Office. Only then can an inventor start making profit from his/her patented invention, while simultaneously prohibiting or excluding others from using it.
Taxotere is a chemotherapy drug used in the treatment of most cancers especially breast cancer. The objective of most chemotherapy drugs is to eradicate or slow down the growth of cancer cells without the risk of permanent side effects. Taxotere is associated with a wide range of side effects but one such consequence has been a subject of defective drug lawsuits against Sanofi Aventis, the manufacturer of Taxotere.
In a survey involving cancer patients, taxotere caused bone pain and muscle aches. Some claim that their arms and legs ache while others feel pain in their neck, back, and shoulder. Taxotere is also associated with neuropathy resulting to numbness and a tingy feeling in the feet and hands. It may also cause diarrhea, stomatitis, thinning of nails, and nail hyperpigmentation. The side effects of taxotere are individual and dosage dependent.
One of the most controversial side effects of taxotere that has put its manufacturer Sanofi Aventis in hot water is permanent alopecia. Although hair loss is common in cancer patients undergoing chemotherapy, the hair loss associated with taxotere is quite different. According to the website of Williams Kherkher, approximately 10 – 15% of women who used Taxotere reported no hair growth for as long as ten years after treatment is no longer undergoing.
The side effect of permanent alopecia has been one of the main issues raised in lawsuits against the manufacturer of the drug. Most of the cases filed by cancer patients revolve around the failure of Sanofi to indicate in their warning label such risks. For most of those who suffered from the hair loss, their condition is considered as “disfiguring” for them and has affected their quality of life. Aside from the impact it can have on body image, the permanent hair loss could also have an impact on the family of the patient.
According to one criminal defense lawyer, there are always reasons why people do what they do. These include protecting the rights of those accused of a serious crime, such as murder, sexual abuse, child molestation, robbery, a drug-related crime, and so forth.
Some may debate about it and disagree but, as clearly pointed out by the Horst Law Firm, “Protecting the rights of the guilty as well as the innocent is essential to maintaining liberty.”
Well, ask yourself, if you were the one charged with a serious crime, would you not need the a good and strong defense to protect your rights and interests, and prove your innocence?
Still according to the Horst Law firm, not all individuals who are charged with crimes by the government are guilty. Rarely does the “system” intentionally arrest and charge an innocent person but false allegations by vindictive spouses, business partners, angry family members, or others with a motive to make false allegations are sometimes made. Also, sometimes a person just finds himself/herself in the wrong circumstances which, at first appearance, make him/her look guilty of a crime, such as having that one glass of wine with dinner and, when stopped on the way home, the cop smells the odor of alcohol.
Being accused of a crime can result to serious damages to one’s professional and personal reputation. A conviction, however, will affect all other professional and personal concerns, despite having spent time behind bars and paying costly fines.
Those who have been convicted of a crime, even after they are released, seldom get the chance to live the kind of worry-free lives that they once enjoyed. For no matter how great the punishments they have undergone for the crimes that they have been convicted of, the accusation and conviction will be a mark that will: hinder employers from hiring them; prevent landlords from leasing to them a place to live in; never earn for them government permission to travel internationally; deny them child custody and probably even visitation rights; and, cause in them many other forms of limitations and inconveniences.
Criminal defense lawyers are fully aware of the psychological burden suffered by those convicted of a crime. They know how the accused person’s relationships in the workplace and in the community can suddenly change. Simply put, any criminal charge can ruin a person’s future.
Getting charged with a very serious crime necessitates only the most competitive and experienced criminal defense lawyer who would be ready with evidences (products of weeks of deeper investigation regarding the case) that will help prove the innocence of the accused, counter-arguments and an effective tactic that will depose witnesses from the opposing side. Not all lawyers have the same competitive leverage; thus, it is necessary that the accused finds only a defense lawyer who could provide him/her with the kind of representation that he/she needs.
Everyday millions of people get injured or die in car accidents. After the crash, the people who were involved in the accident would require medical attention for the injuries they sustained. According to a report by the National Highway Traffic Safety Administration (NHTSA), medical costs and lost productivity accounted for 82 percent of expenses for non-fatal injuries in 2010. In that same year, present and future medical costs due to injuries amounted to $23.4 billion.
According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., medical costs can vary depending on the extent of injury. The expenses can increase for severe injuries as they may have to undego x-rays, CT scans, physical therapy and others. According to the Centers for Disease Control and Prevention, the cost of medical care and productivity losses associated with injuries from motor vehicle accidents breached $80 billion in 2012.
The average cost of medical care associated with car accidents is dependent on factors unique to each case. The speed of the vehicle, the extent of the injury, and whether the accident involved a pedestrian or motorcycle will have an effect on the total cost. Depending on eac h case, medical bills may cost from a couple of hundred dollars to as much as hundred thousand dollars. Figures from the Insurance Information Association placed expenses at an average of $15,443. So it is important to have legal representation to ensure proper compensation.
In order to defray potential medical expenses, some insurance companies offer personal injury protection (PIP) in their offerings. This type of insurance will pay for any medical expenses that you may incur up to the policy’s limits even if you were at fault. Injuries may range from minor such as cuts and bruises to serious which can be paralysis or permanent disability. For the latter, this may require physical or cognitive therapy (in the case of brain injury).
Each year, dog bites account for numerous emergency department visits and hospital stays in the country. Apart from physical injuries, dog bite victims may also have to deal with the trauma that the event had caused. A person bitten by a dog may develop extreme fear of dogs, and may easily be frightened or feel anxious even at the slightest sound of a dog bark. According to the website of the Law Offices of Ronald J. Resmini, LTD, some cases of dog bites can be too traumatic that they may even cause post-traumatic stress disorder, an anxiety disorder that can affect a person’s day-to-day function.
Physical and psychological injuries are just some of the many things a victim should have to face after an attack. According to studies, a person bitten by a dog would have to spend more than $18,000 for hospital stay, which is approximately 50% higher than the cost of hospital stays not associated with dog bites. For severe dog bites that resulted in irreversible injury, the medical cost could be higher.
If you own a dog or are living with someone who owns one, it is always important to check your pet’s propensity to do harm. This way, you can avoid unprecedented medical bills and possible legal troubles by mitigating your dog’s risk. Here are the factors that might tell whether the dog is more prone to attack a person or not:
The last year saw the U.S. Consumer Product Safety Commission or CPSC issue around 17 million recalls for toys, childcare items, and other products intended for the use of children. Items such as cribs, play sets, baby carriers, car seats, and clothes were among the millions of items pulled out of the market for failing to meet the safety standards imposed by the government through the Consumer Product Safety improvement Act of 2008.
The strict policies imposed on the regulation of toys and other child-intended products come as a result of a tragic accident involving a 16-month old baby boy in 1998. Danny Keysar was found by his parents strangled and suffocated underneath a Playskool Travel-Lite crib that had collapsed on top of him. Even when the crib in question had already been recalled by the CPSC 5 years prior to Danny’s accident, it was clear that the safety nets weren’t enough to ensure that these defective and dangerous products don’t cause further harm to the public.
Through the efforts of Baby Danny’s parents, the U.S. Congress had eventually passed a bill to address this very issue. The Consumer Product Safety Improvement Act of 2008, also nicknamed ‘Danny’s Law’ was passed by the congress as a way to establish better policies regarding the safety of products release in the market, especially those intended for the use and care of children. Among the mandates included in this law is the issuing of registration cards that come with products purchased after June of 2010. With these cards, manufacturers are able to contact customers immediately should a certain product need to be recalled.
As it says on this website, product liability cases are a great cause for concern. Dangerous and defective products can cause so much harm, leading to serious injuries that could very well affect victims for a significant period of time. As a result, it’s important that those in such a situation reach out appropriate legal counsel to learn more about the steps they can take to pursue just compensation.
Often referred to as the City of Lakes, Madison is well-known for its glacial waterways and picturesque setting. The lakes surrounding the area—Mendota, Monona, Wingra, Kegonsa, and Waubesa—ensure that visitors will be greeted with breathtaking sights and landscapes. It also boasts a diverse population that allows the area to have the feel of both a big, active city and a laid-back rural town. These are just some of the few attractions and activities that Madison has to offer.
The Wisconsin State Capitol towers at the heart of the city. Its architecture was patterned from Washington’s Capitol building and features a dome that is 284 feet high. The interiors boast murals and stone work following European styles, as well as a majestic skylight. Just nearby, you can catch local farmers selling their produce in weekend markets at the Capitol Square during the summer months.
Further down from the Wisconsin State Capitol, you will catch a glimpse of one of Madison’s surrounding lakes. You can observe the entire view of Lake Monona by coming to the Monona Terrace Community and Convention Center. There, you can climb to the rooftop terrace and take in one of Madison’s most noteworthy scenes.
Visitors looking to learn more about Madison’s culture and history can drop by the sprawling University of Wisconsin campus. Because the city is often considered a college town, a walk through the campus can help you witness the cultural diversity that brings life and interest to Madison. One important place you need to see there is the university’s Arboretum and Geology Museum. There, you can see well-preserved ecological systems and a variety of flora.
Deciding on which storage facility to put pack your things into can be confusing and even complicated to many people. There are some things to consider when finding the right storage facility, and in order to get the best from your money (as well as keeping your valuables and important stuff safe), you have to know which ones are secured and can protect your belongings. One of the most important things to consider is finding a storage facility that would provide you with good services and have a pleasant relationship with.
First, you have to think about the type of storage unit you are going to need. This will depend on the amount of valuables you are planning to store, and whether there are fragile things that might need specific requirements. You might want storage units that can provide protection to your temperature- sensitive items. Some storage units can give such services and can save you money. If you are planning to simply store your stuff in the storage unit and not needing to get items from time to time, you can find a small one with just enough space to put everything inside. However, if you are planning to take some stuff every now and then, make sure to get a storage unit that can give you space to move about. Don’t end up needing to take the box at the very back of the unit under a stack of other boxes.
There is also the matter of finding a storage facility that offers great security and monitoring. Although the common garage-style storage units already offer security, those such as climate controlled storage units at Pond Springs Mini Storage will not only provide protection for your temperature-sensitive items, but since they are indoors they offer tighter protection from theft and damages.
Likewise, consider talking with the storage facility about insurance coverage, and whether your items are covered in cases of emergency. If not, think about buying an insurance policy to protect your items in the storage unit, whether from a third party company or from the storage facility themselves.
No matter who you are or in which US state you live, one necessary thing that you surely desire is a stable, good-paying job. Well, there are many others, of course, like a 40-hour work week, overtime pay and paid vacation, but job stability still ranks first.
The many changes in the job sector, however, are obviously not pointing towards the fulfillment of such desire as more and more employers (all across the US) are beginning to adopt the “employment at will” doctrine, which gives them the legal power to dismiss an employee even without good reason, as well as find ways that will minimize their duty to providing employees with good pension coverage, health insurance and/or a safe and healthy working environment. And by sending more jobs off-shore, contracting out jobs, hiring more part-time, contractual or project-based workers, and regular down-sizing, job instability only continues to rise – all for the purpose of gaining bigger profits (often) at the expense of the workers/employees.
Believe it or not, the sad plight of workers was a very common sight too during the 19th and (early) 20th centuries. And if it were not for the unions that workers formed during those days, it will be hard to even think about the conditions workers may be in today.
Unions are essential because these help improve the lives of workers and their families; but more than just this, unions greatly contribute to the nation’s economic growth and help guarantee solvency of a business firm through lower employee turnover, higher productivity, a better-trained and more competitive workforce, improved communication in the workplace, quality of product and service, and health and safety in the workplace.
The first union in the US was the National Labor Union (NLU), founded in 1866, followed by Knights of Labor in 1869. The most famous, though, was the one formed in 1886 – American Federation of Labor (AFL). It was the AFL that was successful in negotiating an increase in the wage of its members and in enhancing safety in the workplace. Based on the 2010 report of the Bureau of Labor Statistic, there are now more than 60 unions representing more than 14 million employees in the United States, people employed as nurses, engineers, IT/computer professionals, police officers, teachers, writers, government workers, airline pilots, mechanics, doctors, construction workers, pharmacists, office workers, actors, plumbers, factory workers, and so many other types of work.
Besides helping ensure fair treatment in any working environment, unions also provide a seeming endless list of benefits to all its members, like a wage that is 30% higher than non-union members, discounts in so many establishments and to many types of services. Furthermore, because of unions, workers and employees now enjoy: at least the state-determined minimum wage, 8-hour work day, weekends without work, sick leave, paid vacation, anti- discrimination laws, lunch breaks and other breaks at work, social security, workers’ compensation, holiday pay, employer health care insurance, overtime pay, pensions, compensation increases and evaluations, employer dental, life, and vision insurance, the right to strike, unemployment insurance, wrongful termination laws, whistleblower protection laws, and a whole lot more.
Due to the fact that unions are often engaged in legal matters for the care of its members and its successful operations, the law firm of Cary Kane LLP mentions (in its website) the importance of having a legal counselor, who is highly-competitive in employment law, especially in matters concerning arbitration and unfair labor practice proceedings, dealing with governmental agencies, such as the DOL, litigation at the federal and state level, negotiating and managing collective bargaining agreements, and so forth.
Thousands of people download movies from legal peer-to-peer (P2P) sites like BitTorrent with impunity, but just because the hosting site is legal doesn’t mean that the files are not subject to copyright laws. If the movie is copyrighted and you download it, you can be sued for copyright infringement. This is something that numerous people all over the US are finding out to their dismay after they illegally downloaded the 2013 film “Dallas Buyers Club.”
Dallas Buyers Club LLC has already filed more than 1,000 lawsuits against individuals who were initially identified only by the internet protocol (IP) addresses, and whose identities were culled from internet service providers after being served with a subpoena. In many cases, the defendants settle between $2,000 and $5,000 rather than go to court, making for a pretty expensive movie that can be downloaded legally from sites like Amazon for less than $10.
However, when it comes to litigation, there are some issues with using the IP address to identify the culprit. For one thing, the internet service provider can only identify the person who pays the bill, who may or may not be the one doing the actual downloading, and who may or may not be aware of such activity. It is even possible, in this wireless age, for the actual culprit to be a neighbor piggybacking on the signal. This is clearly a challenge for Dallas intellectual property lawyers on both sides of the fence, as well as for lawyers outside Dallas, TX.
Copyright infringement through digital piracy is an ongoing problem with copyright owners, and even with increasingly sophisticated traceback capabilities, it is too easy for a case to fall apart if the defendant does not want to settle and mounts a viable defense. Moreover, the defendant may actually be perfectly innocent, so a lawsuit would have wasted the time and resources of both the plaintiff and defendant.