Widerman Malek Law Blog

Widerman Malek Christmas Party 2017

The holidays have all but wrapped up, but not before Widerman Malek had a chance to hold its annual Christmas Party (this time for the adults). The photos of the event below are courtesy of Danielle Giles Photography.

How To Obtain A Software Patent

Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]

The US Patent and Trademark Office Remains Open During Government Shutdown

At 12:01 AM on January 20, 2018, the United States Government went into shutdown based on impasse in congress over budgeting.  Of course, the United States Patent and Trademark Office (USPTO) is an agency of the United States Government.  The government shutdown applies to all “non-essential” government agencies.  For example, agencies that are considered as […]

Protecting Software Using Patent And Trade Secret Law

Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another.  This is because patents are made public while trade secrets must be kept confidential.  However, there is a way to utilize the best of what both have to offer.

Children’s Christmas Party 2017

As the holidays begin, Widerman Malek held its annual Christmas party for the younger members of the WM family. Among the festivities was cookie decorating, crafts, story time and Santa’s arrival. View the photos from the party below!

A Primer for Employers: Recognizing and Stopping Sexual Harassment in the Workplace

Most employers know that both federal and state law prohibit discrimination against persons on the basis of or on account of their gender.  This is called sex discrimination, and is expressly prohibited by Title VII of the Civil Rights Act of 1964, as amended, and various state anti-discrimination laws such as the Florida Civil Rights […]

Overcoming Patent Application Rejections by the USPTO

35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]

Federal Court Strikes Down DOL “White Collar” Overtime Final Rule

On August 31, 2017, Federal District Court Judge Amos L. Mazzant struck down the Department of Labor (“DOL”) Final Rule that would have categorically increased overtime eligibility by more than doubling the salary threshold under the Fair Labor Standards Act (“FLSA”)’s “white collar” exemptions for executive, administrative, and professional employees from $455 per week ($23,660 […]

Contracting for Hurricane Repairs, A Primer

If you suffered damage from Hurricane Irma, you need to notify your insurance company immediately. If you are having repairs done at your home you need to: Ensure the work is being done by a Florida licensed contractor. If you are told a Florida license is not needed, confirm with your local building department. You […]

Protecting Your Software’s Application Programming Interface (API)

In this article, we are continuing the discussion of a legal strategy to protect software that involves segmenting software into three tiers and protecting each tier separately. This strategy has been developed in response to a 2014 U.S. Supreme Court case, Alice v. CLS Bank, that effectively slammed the door on receiving and enforcing software […]

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