We use inventions every day of our lives in so many different ways. Some are very basic ways such as the shoes on our feet. Some are more technical ways but all began as someone’s invention.

Do You Have an Invention?

So what do you do if you have an invention or an idea for an invention? The first thing you are going to want to do is to apply for a patent. This is very important for different reasons. One is that the patent office will be able to tell you if someone else already has a patent on that or if there is a patent in the works even if you have not seen the item on the market yet.

Another reason to get a patent is to protect your idea. Just because you told yourself, your mom, your spouse or your best friend doesn’t mean you have proof that you had the idea first. You need to register it first so you can claim it as intellectual property and you can be sure all rights remain to you.

If someone steals your idea and you do not have a patent, it will be very hard to prove that you are the original one to come up with the invention. You are better off playing it safe and calling the patent office.

1. Clients should receive status reports on case developments. Any action that your attorney takes on your behalf should be discussed with you beforehand and afterward. You need to know how the case is being processed, and the means your attorney is using to accomplish client goals. Pleadings, hearings, pre-trials, and trial preparation, along with required due-dates, are just some of the matters that clients need to know about. If your attorney does not inform you of these things in a timely manner, ask for periodic updates so you can keep abreast of case developments.

2. You should receive a return call from your attorney when you leave a message. Most legal representatives hire competent secretaries or assistants to handle phone calls and relay messages from clients. Assuming that your lawyer is in town and not involved in a major trial, he or she ought to be able to return your call within a day or two. If you are calling and leaving several messages that seldom bring a response, your attorney is not doing a good job. If there is a head of the firm, you might want to get in touch with that person to explain your dissatisfaction.

3. Most people can be reached in a variety of ways, including cell phone, fax, landline, email, and post. Tell your attorney which method you prefer, and provide one or more alternate means of contact in case the first should fail for some reason. Ask for the same information from your lawyer so that if you need to get in touch, you will be able to do so in more than one way.

4. Use a message system. Either set up a voice mail recorder on your home phone or utilize one at work or on your cell phone. Ask your lawyer that if he or she is unavailable, whether you can leave messages with the secretary or in a voice message box. Sometimes direct contact is impossible, but messages can relay information on a temporary basis.

5. Expect routine communication. If you are not hearing from your attorney on a monthly basis, at least, while he or she is managing an active case for you, request monthly updates in writing or by phone. You can even offer to call in for them if that will make the lawyer’s job easier. The important thing is that you stay connected so the two of you can do a better job of working for a positive outcome to your legal case. If your lawyer does not contact you, be sure and get in touch with him or her.

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Copyright License Agreement

A copyright license agreement sets for the terms under which a third party can use your content. In legal language, you will the “licensor” with the other party being the “licensee.” The purpose of the agreement is to set forth the terms under which you, the licensor, will grant the third party, licensee, the right to use, publish or reuse your copyrighted work in exchange for a royalty. Let’s take a closer look at key components of the licensing agreement.

Specific Rights Granted

This may sound obvious, but the agreement needs to detail exactly what copyrighted material can be used. If you have copyrighted articles, are you granting a right to use all of the articles or only certain ones? It is highly recommended that the agreement contain a detailed description of the exact materials being covered.

Once you agree upon the exact materials, you need to determine any restrictions on how the material can be used. Can the material be used on the Internet or will it be restricted to a certain niche’ such as manuals or collections of materials?

An extremely important issue is whether the agreement grants exclusive or non-exclusive rights. In English, this simply defines whether the licensor can grant similar rights to other parties. The grant of exclusive licenses should require a much larger royalty rate since you are essentially betting the third party will be successful.

Licensing Royalties

In exchange for your copyrighted work, the third party is going to make royalty payments to you. The particular amount of the royalty is dependent upon the nature of your work. Issues to consider include:

1) Will you be paid a flat amount or percentage of sales?

2) If a percentage, will it be figured from gross revenues or something less?

3) How often will you be paid?

4) What rights will you have to audit the books of the third party to determine you are getting the full royalty?

In some situations, you may decide to forgo a royalty payment. This usually occurs when the third party will use the materials in manner that produces massive publicity for you. For example, many professionals seek to right columns for publications as a marketing tool. Often, they will not charge the publication for the material because the resulting publicity carries enough of a benefit.

In Closing

If you are considering licensing copyrighted content, keep the above in mind. Since such agreements are difficult to break, hiring an attorney is worth the expense.

Richard A. Chapo is a San Diego business lawyer with www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.

Have you, a family member, or dear friend been diagnosed with diabetes, diabetic ketoacidosis, hyperglycemia, pancreatitis, or diabetic-induced heart attack or coma following the use of Zyprexa? You may want to consider Zyprexa litigation and may want to consult with a lawyer familiar with Zyprexa litigation. If so, please complete the FREE no obligation consultation today.

Researchers have linked Zyprexa to the side-effect of onset of diabetes, hyperglycemia, and neuroleptic malignant syndrome thereby creating enough concern and patient outcry to lead Japan, Europe, and most recently the United States to include warnings about the chronic side-effects and the sometimes-fatal Zyprexa side-effect. (Japan published safety warnings two years before the U.S.) Consumer groups believe that the FDA had done too little too late to warn doctors and patients about the risks of hyperglycemia, diabetes, ketoacidosis, heart attack, and coma from taking Zyprexa.

In November 2001, the Journal of the American Medical Association, the FDA’s Center for Drug Evaluation and Research, and a Duke University Medical Center physician first possibly linked between the Zyprexa side-effect of hyperglycemia in adolescents with the drug. FDA staff members published a report in the December 2001 American Journal of Medicine linking Zyprexa to diabetes. Both Zyprexa reports used information from the FDA’s adverse drug reaction database.

Most recently, the FDA has identified at least 384 reports of diabetes linked to Zyprexa, with the majority of cases appearing within six months of starting Zyprexa treatment. This has been a major focus in the Zyprexa litigation.

Consumer advocates claim that the Zyprexa side-effect warnings referencing diabetes, heart attack, coma, and hyperglycemia are buried deep within the adverse reactions section of the drug’s labeling. Patients are less likely to notice the warning when it’s buried in the smallest of fine print than if it were more prominently displayed. The failure to give adequate warnings is one of the core allegations in the Zyprexa litigation.

Researchers have also found preliminary evidence that linked the Zyprexa side-effect and pancreatitis, a dangerous inflammation of the pancreas. Studies looked at patients using four antipsychotic drugs and examined all the pancreatitis cases reported to the FDA or written up in medical journals between January 1981 and February 2002. Researchers found more instances of pancreatitis in Clozaril, Zyprexa, and Risperdal patients.

Of the 192 Zyprexa side-effect cases, people using Zyprexa alone had 62 instances within the four antipsychotic drugs. The pancreatitis occurrences resulted in 22 deaths. A definitive link between Zyprexa side-effect and pancreatitis has not yet been established though the findings have raised concern.

Adding to the complexity surrounding the potential Zyprexa side-effect of the drug is the strong connection between diabetes and schizophrenia, noted by scientists since the 1920s. Sufferers of the debilitating brain disorder develop diabetes at a rate up to four times higher than the general population, whether they use antipsychotic drugs or not. People with schizophrenia often lead a sedentary lifestyle, lack good medical care, have poor diets, and high rates of obesity — all which are risk factors for diabetes.

Eli Lilly has argued that Zyprexa’s safety is supported by two Eli Lilly sponsored studies. According to the manufacturer, two studies demonstrate that Zyprexa has no diabetes-inducing effects. According to doctors at the diabetes care center at the University of North Carolina, too few patients were studied to detect a less common Zyprexa side effect.

About the Author

Zyprexa Lawsuit information provided by Monheit Law

A Cup of Tea, Coffee, or Something Else www.quiettable.com

Whenever investigating an individual or business, one of the most basic checks is for lawsuits, criminal charges, and bankruptcy filings. But how do you research the court system? Is there one simple site to go to where you pop in a name and are rewarded with a listing of all court filings across the country pertaining to that individual? No such luck … yet, anyway! To understand court research, you first need to understand a bit about the USA’s court system.

There are two major separate court entities in the USA, the State court system and the Federal court system. The Federal court system is divided into three branches, the federal criminal, civil, bankruptcy, and appeals courts. These courts are not ’single entities’ — there are a number of federal courts scattered across the United States, each covering a certain geographic district within a ‘circuit’. For a map of the circuits, see www.uscourts.gov/images/CircuitMap.pdf. For example, there is a Northern Mississippi district court, as well as a Southern. Cases are prosecuted by US Attorneys, who are elected, or Assistant US Attorneys, who are government employees. Regarding federal law, federal statutes are divided into sections called Titles. Title 11, for example, deals with bankcruptcy, and under that Title you will find Chapters, such as Chapter 7 regarding liquidation of a business. All personal and business bankruptcies fall under federal statutes and are dealt with in federal court, and bankruptcies make up nearly 70% of all federal court cases. This makes researching whether an individual has a history of bankcruptcy a considerably simpler matter, since only the relevant federal court needs to be searched. Title 18 contains the majority of the criminal statutes for the federal criminal court. Note that in many cases it can be decided for an individual to be tried in the federal rather than State court system, under federal-question jurisdiction rules, for a variety of reasons. For example, in a recent case where two teens burned a cross in a black family’s yard, it was decided to prosecute them in federal rather than State court — the penalties that could be imposed by the federal court system were greater. Likewise, cases involving citizens from different States will be tried in Federal courts if the monetary amount involved in the case is greater than $75,000. There are a number of other types of cases that are likewise defaulted to federal court, including cases involving patents or copyrights, cases challenging State laws (usually for Constitutional reasons), and cases involving federal agencies.

The State court system is somewhat more complex in its terminology, since this terminology differs from State to State, but in the end the terminology resolves into a system of ‘upper’ and ‘lower’ courts in civil and criminal matters. The State civil court was an ‘upper’ and ‘lower’ court, as does the State criminal court. In some States, these are referred to as the ’supreme’ and ‘county’ courts, or the ’superior’ and ‘justice’ courts. The upper courts tend to deal with more important subjects, or crimes with stiffer penalties (such as armed robbery, cases of gross malpractice, and often divorce). Lower courts will deal with misdemeanor crimes and small money claims (ie, small claims court). In criminal cases of all sorts, the prosecutor is usually the United States government (from the State’s attorney office), and the case will be lised as The State of Wherever V. Lastname. Upper and lower courts are relatively simple to understand — big money cases or cases involving serious crimes go the upper, and everything of lesser importance to the lower, but don’t forget that most divorces are tried in the upper court! Unfortunately, the State court system doesn’t stop there, but also includes, depending on the State, a variety of other courts such as the municipal court or traffic court, which handle matters specific to their speciality (ie, argue traffic tickets in traffic court). There are also appellate courts, for dealing with appeals.

So, now that we understand the court system a bit better, how do we go about finding court records? For Federal courts, this is a relatively simple matter: The majority of records are accessible through a system called PACER (Public Access to Court Electronic Records). PACER allows searching different courts by a variety of fields, including name. You as a citizen can sign up for PACER with a credit card at http://pacer.psc.uscourts.gov/ — the service isn’t free, but only charges a few dollars for good documentation on most cases. Note that some districts still aren’t in the PACER system (for example, the Alaska district court) — in this case, you can always pay a visit to the nearest district federal courthouse. Every district has one, and the records should be open to the public for free. Feel free to drive there and peruse! If the district court is further than you want to travel, there are courthouse researchers across the country who make a living looking up court records for those to far away from the court to visit in person.

State records are somewhat more complex. To access these records over the Internet, not only should the State records be online, but also the individual county in question. Most State higher court and appellate courts are online with free searching, but many lower (county) courts are not, only offer some records, or charge high fees. Of course, if you’re only interested in researching cases in your area, all you need to do is drive to your local county courthouse, where the records are, by Federal law, public access. Your county courthouse should not charge you a fee to access these records, they should be free to peruse. Charging a fee online is for ‘electronic access’, not for seeing the actual documents themselves. Once again, if the county is outside your area you can hire a courtresearcher to do the job for you. To find county court researches and county/State courts on the Internet, simply do a search engine search for ‘Countyname county court’, and follow the links from there.

Matthew Abts is an x-military private investigator specializing in background investigations and judicial claims processing.

]]> http://broguehog.com/archives/2008/11/14/the-united-state-court-system-an-eye-for-research/feed/ http://broguehog.com/archives/2008/11/14/the-role-of-your-wrongful-death-lawyer/ http://broguehog.com/archives/2008/11/14/the-role-of-your-wrongful-death-lawyer/#comments Fri, 14 Nov 2008 12:46:42 +0000 admin http://broguehog.com/archives/2008/11/14/the-role-of-your-wrongful-death-lawyer/ When a life is cut short by someone else’s negligence, the law in this country says that the only remedy available is monetary compensation. And, after a wrongful death accident, you may be thinking that it is inappropriate to contact a wrongful death lawyer too soon after the death, because of what other people might think or say. But I must say that it is your choice to determine when you are ready to contact a wrongful death lawyer to back you up in your case.

A wrongful death lawyer plays an important role in every wrongful accident case. He helps determine if you have a viable claim and make sure that no important deadlines for filing are missed. He deals with complex legal issues involving tort law, probate law, contract law, and insurance law. He ensures that the claim is moving forward at a time when you may need to focus on helping yourself and your family work through the emotional loss. He takes steps to preserve evidence and testimony which might be lost if too much time has passed.

However, you must also know that wrongful deaths are not always caused by individual members of the civilian populace. During these instances, the role of wrongful death lawyers on the prosecutor side is to prove that negligence was the reason for the death currently under discussion. Their role is to represent a defendant and prove that the client was not negligent and didn’t cause the death of the victims involved.

The legal process can truly be intimidating and confusing. A major part of a wrongful death lawyer’s role is to demystify the process for you. He takes the time to explain things in plain English for you to be able to make informed decisions that are in your best interest for the long term. He commits himself in representing and protecting the rights of individuals and families. Most of the wrongful death lawyers around do not represent insurance companies, hospitals or large corporations.

After all, in both cases, the roles of your wrongful death lawyer are still the same. That is, to help you win the wrongful death case that you’ve been a part of. For the people in the prosecution, the focus of your concern must be on getting better - protecting your right to compensation - and getting the compensation and justice you deserve as a survivor of someone who was wrongfully killed. And for those people in the defense, your main concern is to prove that the accused has not been negligent in his actions.

About the Author

Looking for tips and suggestions about legal matters, visit http://www.personalinjurylawyersinc.com

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