Originality is a constitutional requirement and is part of a two-prong test for copyrightability: (1) independent creation by the author and (2) minimal degree of creativity. Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991). The level of creativity necessary for a work to qualify for copyright protection is very low. See…

Trusts for Real Property (home, real estate, rental property) Several methods are available to protect your real property (houses, condos, rental and commercial properties) from creditors and adverse court judgments. For example, the properties could be transferred to an existing or newly-created Limited Liability Company (LLC). The organizers (members) of the LLC can still manage…

When a couple gets a divorce and there are children involved, the court will decide on custody and visitation if the parties cannot agree between themselves and sign a written agreement. If you are in a situation where you need a Brooklyn, New York child custody lawyer, you should speak with Leonid Mikityanskiy who has…

Must-have Documents: Power of Attorney (at least for banking) and a Living Will and/or Health Care Proxy. Both Documents will save money and grief. A simple Will to distribute assets and appoint guardians for minor children. Retirement Planning: Planning for distribution of money, stocks, bonds, Real Estate and Retirement Accounts (401K, Roth, etc.). Possibly receiving…

Working from home meant we could vary snack and coffee breaks, change our desks or view, goof off, drink on the job, even spend the day in pajamas, and often meet to gossip or share ideas.

Broad Claim Scope Survives Despite Single Embodiment Disclosure Holding that a patentee is entitled to claim scope covering an entire class of devices based on the patent disclosure describing one device of the class, the U.S. Court of Appeals for the Federal Circuit reversed the grant of summary judgment of non-infringement based on a district…

Combination of Two Embodiments in a Single Reference Renders Claims Obvious Affirming the district court’s claim construction but holding that the court erred as a matter of law in failing to hold the patent obvious, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s denial of judgment as a matter of…

Damages for Post-Infringement-Verdict Sales Are Affected by the Stay of Injunction Addressing the issue of damages for a post-infringement-verdict period, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s unexplained damage award, which trebled the per unit royalty rate for the post-verdict period, and remanded the damages issue for further consideration…

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