By: Mark R. Malek As many of you may know, the United States Patent System recently went through a little transformation on March 15, 2013. The biggest and most public of these transformations was the transition from a first to invent system to a first to file system (more on that later). One thing that […]
In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. That being said, trademark ownership is not acquired by federal or state registration, although registration […]
Looking for a great way to spend a weekend and support the community at the same time? Check out the 29th Annual Melbourne Art Festival, coming to town this year on April 27th and 28th. The festival is a nationally recognized event and admission is free! The Melbourne Art Festival is full of great activities […]
Judges preceding over patent infringement cases, have a very difficult job to do. They must define the scope of the patent protection over an invention and determine whether a company or individual violated that patent. This is easier said than done. Patent language is not cut and dry. The language leaves much room for interpretation. […]
Did you know that Florida is the most popular nesting site for Loggerhead Turtles in the Atlantic Ocean? Over 67,000 Loggerhead sea turtle nests are discovered each year in our lovely Sunshine State. Even though these turtles along with their cousins the Green turtles make so many nests on our beaches, very few turtle hatchlings […]
It that time of year we see the Brevard Police and Fire men and women proudly playing their bagpipes in the streets. Guinness beer is flowing freely from Meg O’Malleys’ taps, and happy feet are merrily river dancing down E. New Haven Avenue. Yes, St. Patrick’s Day is just around the corner! Are you as […]
By: Mark R. Malek As has often been the case with some of my articles in the past, I like to introduce little practice tips as something interesting happens in my day to day life of prosecuting patent applications here at Widerman & Malek. I recently received a call from an Examiner on a case […]
By: Tyler Hampy Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” The court in Exergen Corp. v. Wal-Mart Stores, Inc., […]
By: Mark R. Malek If you haven’t noticed, many of my posts lately have revolved around the questions that I get from various clients. This one was a tough one. Not necessarily from the perspective of not knowing what to do, but having to hear the horror story from this client. Unfortunately, it is a […]
