Widerman Malek Law Blog

Who Is An Inventor In A Patent Application?

It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.

Mediation-is it a good idea?

Mediation-is it a good idea?
By: Eric L. Hostetler

Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.

The Abuse Keeps Coming For 2009-2010 Foreclosure Victims

Banks and mortgage companies hoping to avoid further negative press suffered yet another embarrassing setback last month when the first compensation checks issued to victims of foreclosure abuse bounced.  As part of the foreclosure abuse settlement, federal regulators worked out a deal between 14 mortgage companies and banks to compensate home owners who were illegally […]

Getting A Refund From The Patent Office If You Are Now A Small Entity

By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office.  The first article introduced the new micro-entity status.  The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]

They breached the contract so what kind of damages can I get? How about lost profits or loss-of-use?

By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case.  Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]

What Happens If You Claim The Wrong Entity Status In The Patent Office?

By: Mark R. Malek In my last article, I outlined the new filing status in the Patent Office that can save inventors even more money in the patent process – that of the micro-entity.  As you may recall from that article, when filing a patent application (and throughout the patent prosecution process), you must pay […]

Does Praying Infringe on Tebow Trademark?

Tim Tebow, a devout Christian last October successfully trademarked his one knee, head on fisted hand pose.  Does anyone else find this disturbing and slightly offensive?  Call me Catholic (oh wait I am), but I do believe that trademark pose is something we all have been doing and practicing long before Mr. Tebow showed up […]

Patent Office Fees – The Micro Entity

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 […]

Is the Economic Loss Rule Dead in Florida?

On March 7th 2013, the Florida Supreme Court ruled that the economic loss rule can only be used in relation to product liability cases and not contractual cases.  Their decision was determined through the case Tiara Condominium Association v. Marsh & McClennan.  Tiara Condominium Association sued their insurance broker Marsh for not providing them with […]

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

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