Posts made in May, 2015

What is Patent Infringement?

A patent is a legal document that ensures an inventor’s original non-artistic work is protected from being copied, used, and sold by another party. The federal law grants different types of patents to inventions that meet particular criteria. In general, these criteria can be summarized into three qualifications. The invention must be novel, nonobvious, and useful. If the applicant can prove that their invention meets these qualifications, the U.S. Patent and Trademark Office (USPTO) will grant patent protection that lasts up to 20 years.

With a patent in places, inventors can prevent competitors from making any use of their original creation and design. Violating such protection is called patent infringement and includes any act that makes use of a protected invention in any way. This entails to the manufacturing, importing, selling, or copying of a protected work without the explicit permission of the patent holder.

Patent infringement is often a complicated issue. Litigation can quickly turn into a long and complex process. Because of nuances in the laws surrounding intellectual property, the court and jury will have plenty of factors to consider when making a definitive decision. Specific details will need to be closely investigated to see if a patent has been infringed and violated by the defendant. In most cases, patent infringement is found when elements of a patented work are present in the device or process in questions. Through intense investigation and scrutiny, the court will try to find how much these elements match one another. Still, even if these matches aren’t exact, the defendant can still be found to be in violation of a patent if the similar works are considered equivalents.

Because patent law has plenty of nuances, inventors will need to get in touch with an experienced intellectual property lawyer. As pointed out by Gagnon, Peacock & Vereeke, P.C., the litigation process for patent infringement cases can be hard to predict. Patent holders stand the best chance with effective legal counsel by their side.

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Alcohol-Impaired Driving: What Happens When You’re Charged with a DWI?

Alcohol-impaired driving has been responsible for a growing number of traffic fatalities in recent years. According to a report by the National Highway Traffic Safety Administration, the year 2013 saw a total of 32,719 deaths related to alcohol-impaired driving. As a result, the prosecution and punishment of drunk driving violations have increasingly become more stringent. This is particularly true for a driving while intoxicated or DWI violation.

Drivers are charged with a DWI if they continue to operate vehicles when they have blood alcohol content (BAC) that goes beyond the legally mandated level. All over the United States, private drivers are not allowed on the road if they have a BAC level of 0.08 percent or higher. For drivers operating commercial vehicles, intoxication is defined as having a BAC level of 0.04 percent or higher. Of course, these legally defined blood alcohol levels aren’t the only factors in considering a driver’s level of intoxication.

Penalties for driving while intoxicated differ in every state. However, most of these penalties involve paying a significant amount of fines and spending some time in jail or prison. In Texas, for example, a DWI charge could lead to a financial penalty of up to $2,000 and 3 to 180 days in jail, among a few other consequences. On the other hand, the website of the Law Offices of Richard A. Portale, P.C. points out that New York imposes punishments that are similarly steep. At third offense, a DWI charge can result in a maximum $10,000 fine and up to 7 years in jail.

Some drivers can also experience serious impairment even before they reach or go beyond the regulated amount. Particular reactions to alcohol content differ based on several other factors, such as the driver’s weight or the amount of food take while the drink was consumed. In some cases, having as little as 0.02 percent BAC inside one’s system can lead to a decline in visual and cognitive function. While it might not lead to a DWI charge, certain state laws will still recognize that some serious traffic violation has occurred. For more information, consult with a criminal defense expert.

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Filing for Chapter 7 Bankruptcy

The U.S. economy has been notoriously unstable during the past several years. As a result, an overwhelming number of American citizens continue to find themselves deep in the throes of financial difficulties. In particular, more and more people are struggling with paying off their debts and other similar obligations. the total amount of consumer debt in the country is more than $11 trillion. This amount includes student loans, credit cards, mortgages, and auto loans that are still waiting to be paid for.

Getting out of debt can be a challenging course. For some individuals, making ends meet is already a struggle on its own. What solution is available for those who aren’t even making enough to cover their basic necessities? In situations like these, filing for Chapter 7 bankruptcy can provide the best possible solution.

According to the Bradford Law Offices, Chapter 7 bankruptcy allows debtors the opportunity to liquidate or sell their assets in order to pay back creditors. It is one of the most sought after solutions for financial difficulties because it can offer several different advantages. Filing for a Chapter 7 bankruptcy can lead to debt forgiveness, allowing individuals to discharge much of their debts in a short period of time. It also allows an individual relief from creditor harassment. Debtors will no longer have to deal with the stress that comes from constant phone calls from creditors or the threat of having property repossessed. Chapter 7 bankruptcy also allows an individual to properly rebuild their credit score.

With the help of a skilled legal representative, the process of filing for Chapter 7 bankruptcy can be easy and manageable. An applicant will be granted by the court legal bankruptcy status as long as they meet a specific set of criteria. The most important factor is decided by the means test, which will help determine if the applicant’s income falls within a specific bracket. Chapter 7 bankruptcy is meant to provide aid for individuals with the most pressing financial needs. Aside from the means test, the court will also check for a debtor’s disposable income and the amount of their typical expenses.

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Top Hair Color Trends: Ombre and Balayage

It’s in the nature of trends to be fleeting. However, when it comes to hair, there are two distinct trends that seem to pass the test of time quite well. Ombre and balayage are two hair color techniques that have become increasingly popular in recent years. In fact, both looks have been mainstays On red carpets and magazine covers. What makes these two styles special? We break down the top hair color trends and provide information about what look might suit you.

Ombre

In French, the word “ombré” refers to “shade” or “shadow”. The term was adapted in fashion and art to describe the gradual blending of one color into another. This gradation usually moves from lighter to darker hues. Coloring your hair with an ombre effect means having darker hair color from the roots that slowly moves to a lighter shade at the ends. The lighter color is usually achieved through bleaching, although some would opt for more colorful shades like purple or pink.

Balayage

Unlike ombre, balayage has a more subtle effect on hair. The technique is named after the French word for “sweeping” or “painting” and gives a more natural, sun-kissed look. By sweeping the highlight color gently on the hair, the balayage technique gives hair natural-looking accent and allows it to have more dimensions. Bleach is rarely used to achieve this look. Most stylists prefer to add accents that are just two to three shades lighter than the natural hair color.

There are several factors to consider when deciding between these two hair color trends. While you can try to achieve both looks at home through do-it-yourself kits, it’s best to consult with a professional stylist. There are hundreds of salons and hair studios that specialize in both techniques. If you are in the Houston area, you can check out Therapy Hair Studio to learn more.

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The Potential Dangers of Xarelto

Xarelto, also referred to by its generic name, Rivaroxaban, is a fairly new anticoagulant or blood thinning drug that helps reduce the risk of blood clotting in a number of medical conditions and scenario. According to the website of Williams Kherkher, the drug was first approved by the U.S. Food and Drug Administration (FDA) in the year 2011 for the use hip replacement patients to reduce the chance of their developing a common blood clotting complication called deep vein thrombosis. Since then, the drug has also been approved for plenty of other uses like preventing strokes and pulmonary embolisms.

The use of Xarelto has proven to be an effective way to prevent the threat of blood clots. It has been so particularly helpful for millions of patients that its manufacturers Bayer and Johnson & Johnson have generated billions of dollars in sales revenue. However, despite the drug’s popularity, there have also been reports pointing to dangers and side effects that could potentially be harmful to patients. In fact, there have been several reports of the drug causing fatal conditions on a number of patients.

According to the website of the National Injury Law Center, Xarelto can cause a number of unwanted consequences. Some of the most alarming side effects include the following:

  • Unexpected and uncontrollable bleeding
  • Urine and stool discoloration
  • Vomiting of blood
  • Allergic reactions
  • Severe headaches, fatigue, and dizziness
  • Pain, swelling, and drainage in wound sites (following surgery)
  • Liver failure
  • Brain hemorrhage

This is particularly alarming because patients taking the drug are looking to reduce their risk of serious medical conditions. They might not be aware that the drug can also be causing unforeseen effects that could cause more irreparable harm to their health. Patients experiencing any of the above mentioned symptoms should contact their physicians and seek immediate medical attention.

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