Patent License Agreements

A patent license agreement has become a valuable and trusted technique for companies to share knowledge in a protected way. No company wants to invest time and money in an invention, only to give it away without the prospect of compensation. Thus, the patent license agreement was created. It is an agreement in which a licensor grants to a licensee for consideration the revocable right to perform an act that would otherwise be illegal without the licensor’s permission. Here, in contrast to other types of license, the act is to use the licensor’s invention, which is patented for the protection of the licensor. The grant of permission, which may be exclusive or non-exclusive, is embodied in a document called the license.

There are a number of reasons why companies use patent license agreements. Perhaps the licensor stumbled upon the invention and has no desire to develop it, lucrative though it may be. Or perhaps the licensor has the desire to develop the invention but not the capabilities to do so. Only with another company’s money or knowledge can the invention be advanced. On the other side of the coin, maybe the licensee needs the invention as a vital cog in a bigger business operation. Finally, the licensee could well have the ability and the desire to further the invention that the licensor lacks.

Ideally, both parties benefit from the agreement. The licensee receives the benefit of using the licensor’s invention, and the licensor gets a royalty fee for this use. Generally, a licensor can expect to get a fee of five percent of the licensee’s net sales. But this five percent is only a starting point and is certainly not consistent from industry to industry.

A license is necessarily limited, both in scope and in duration. The licensor grants certain rights in the invention while retaining others, namely ownership. However, the licensor may transfer all of its rights in the invention completely and without limitation. This type of transfer, to be distinguished from a license, is called an assignment. When the patent license expires or is revoked, the right to use the material reverts back to the licensor.

Patent License agreements have several key elements. The most important is the license grant, which talks to scope of the license: what is being licensed? To whom? For how long? In what capacity? May the licensee turn around and sublicense the invention to a third party? A second clause addresses payment terms, including how much the royalty fee will be and which party will maintain the patent. The licensee will usually be required to keep records of its use of the invention; the licensor will be allowed to view these records for a time. Unique to patent license agreements are the improvements and infringement provisions. What happens if the licensee, in using the invention, actually improves it? From time to time, a third party may infringe upon the licensor’s patent, and this scenario may involve the licensee to some degree. Will the licensee be obliged to defend the licensor’s patent? Bear in mind that if the licensor and licensee are competitors, it may be in the interests of the latter to let the former’s patent fail. Finally, these agreements address patent markings-if products can be marked and if they should be-and whether the licensee is entitled to receive not only rights to the invention but also certain of the licensor’s know-how and technical assistance.

About the Author

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com

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Lemon Law Expert Sergei Lemberg Urges FTC to Strengthen Used Car Rule

In response to the Federal Trade Commission's invitation to comment upon the effectiveness of the Used Car Rule, Lemon Law attorney Sergei Lemberg has outlined a seven-point plan to strengthen the regulation.

Stamford, CT (PRWEB) July 23, 2008 -- In response to the Federal Trade Commission's (FTC) invitation to comment upon the effectiveness of the Used Car Rule, Lemon Law attorney Sergei Lemberg (http://www.LemonJustice.com) has outlined a seven-point plan to strengthen the regulation. "The Used Car Rule is an incredibly important consumer protection, and should be revised to demand even greater disclosure by used car dealers," he said.

The Used Car Rule was implemented in 1984, and requires car dealers to display a standardized Buyers Guide that provides consumers with general recommendations about buying previously owned vehicles and outlines warranty information about the specific vehicle a consumer is considering. The FTC is reviewing the continuing need for the Used Car Rule, as well as a variety of specific issues pertaining to the Buyers Guide.

"Although many reputable dealerships now offer certified used car warranties, there are still unsavory characters who engage in deceptive selling practices that victimize consumers," said Lemberg. "In these tough economic times, it's crucial that the government do everything it can to ensure that people don't fall victim to unscrupulous used car dealers."

To that end, Lemberg is proposing that the FTC strengthen the Used Car Rule and the Buyers Guide in the following ways:

1. Include a prominent warning that encourages consumers to have the vehicle inspected by an independent mechanic, rather than simply suggest than an inspection may be allowed.

2. Include a requirement that the dealer prominently display the consumer's rights under states' used car Lemon Laws. Most people aren't aware that some states require limited Lemon Law warranties, and what those warranties are.

3. Include a requirement that that dealer disclose any known vehicle defects having to do with the car's accident history, lemon buyback history, and salvage history.

4. Include a requirement that the dealer disclose any odometer discrepancies.

5. Include a requirement that the dealer disclose any prior use, including use as a rental vehicle.

6. Include a requirement that, if CARFAX is used as part of the transaction, the dealer include a copy of the CARFAX report with the Buyers Guide. All too often, consumers are shown an altered CARFAX report, but are not given a copy.

7. Include a requirement that the box for selling the vehicle "As Is" is the last choice on the Buyers Guide, rather than the first. Because "As Is" is currently the first box, consumers are often led to believe that the dealer's warranty is an unusual accommodation.

Lemberg concluded, "Although lemon laws and other state and federal laws are designed to protect consumers when they buy a defective new vehicle, it's much more difficult for people to fight back when they buy a used car that's defective. The Used Car Rule and the Buyers Guide should be revised to help ensure that defective vehicles never leave the lot."

The FTC's Federal Register Notice may be downloaded through the link at the right, or at the FTC website at http://www.ftc.gov/opa/2008/07/ucr.shtm.

About Lemberg & Associates, LLC:
The attorneys at Lemberg & Associates, LLC are experts in Lemon Law, and practice in New York, Connecticut, New Jersey, Massachusetts, Pennsylvania, Maryland, and Washington, D.C. Sergei Lemberg can brief you about the Used Car Rule, state Lemon Laws, and other protections afforded car owners.

Download the press kit for Lemberg & Associates and Lemon Law at http://www.lemonjustice.com/media.php.

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[Via Legal / Law]

Mege Dalton Launches Business Visas Australia To Service 45 - 55 Age Group

If you thought there was a demand for people in Australia, think again. The demand is for specific kinds of people. Professionals, hairdressers and trades-people we want you - once you're not over 45, then, nah, not so much. In fact not at all.

Dublin, Ireland (PRWEB) July 23, 2008 -- Normally once you hit 45 and over you are immediately disqualified from 90% of Australia visas but there is hope, the much misunderstood Business Visa.

Based in Europe, Australian Migration Lawyer, Mege Dalton has had so much work in this lesser known visa class that she has set up a specialised business to handle it. Business Visas Australia, http://www.business-visas-australia.com, deals exclusively in Business Visas to Australia.

Over 45's hit a brick wall when they research their Australian visa options. In some cases when they seek the advice of migration agent they will be told they have no options but this is not the full picture.

"Business Visas are usually complex and have many criteria. Most migration agents tend to avoid them and focus on skilled visas only." says Mege Dalton. She has been organising Australian Business Visas for people for the last 5 years since she left a busy law practice to specialise in Australian migration law.

Originally working from Brisbane with Australian Migration and Visa Lawyers she found she was able to help her clients better by working in 'their backyard.' So 2 years ago she moved to Dublin with her Irish husband and established the European offices of AMVL. As the business grew she found she was spending so much of her time on Business Visas that she set up a separate company to handle the demand.

What makes Business Visa applications difficult and far more than a form filling exercise is the high degree of supporting documentation they require. With clients around the world Mege has found a way to offer a tailor made personal service that supports her clients through all aspects of the process, including moral support as this client from South Africa wrote,

"Well Mege I think not only did you during this time make me feel like we were friends but you were also my shrink and helped us though a very tough time in our lives."

You don't necessarily need to be a business owner to apply for a Business Visa. A work history as a senior manager may count, or being a senior executive or an investor with significant assets are all considered.

Business Visas Australia is so good at what it does in this niche that other migration companies are now outsourcing their Business Visa work to them. As one Migration Company representative put it,

"It adds another string to our bow, allows us to offer more service to our clients and with Mege, we know they are in good hands.'

For additional information on Business Visas to Australia, contact Mege Dalton or visit www.business-visas-australia.com.

Contact:
Mege Dalton,
Business Visas Australia
Ireland (01) 8997169
Northern Ireland: 02895 81 2633
United Kingdom: 020 8133 1255

http://www.business-visas-australia.com

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[Via Legal / Law]

Become 'Lawsuit-Proof' With an Offshore Trust - Offshore Company CEO and Asset Protection Specialist Kevin Wessell Explains How

Kevin Wessell, a renowned and highly respected expert in the field of asset protection and estate planning, and who heads Los Angeles - based Offshore Company, said today that The Cook Islands (South of Hawaii) provides what he believes to be the best offshore asset protection trusts available today. If you want to protect your assets from being taken away by a lawsuit, this is your best strategy.

Los Angeles, CA (PRWEB) July 23, 2008 -- If you want to become Lawsuit-Proof, then the offshore asset protection trust provides the strongest legal protection available. "It has been our experience that The Cook Islands provides the strongest offshore asset protection trust structure available the world over. We have set-up many of our clients with offshore asset protection trusts in these locations," states Mr. Wessell. He added that Belize and Nevis are also offering asset protection trusts, but the Cook Islands have the strongest asset protection laws and the strongest case histories of protection.

Offshore Company Headquarters

"Offshore trusts are designed for those with liquid assets, or assets that can be quickly liquidated. The offshore trust is for the legally vulnerable with substantial assets of one hundred thousand dollars or more. These trusts work best with assets that can be quickly liquidated and held in a strong, safe, secure Swiss bank account, for example. A foreign trust, especially in the Cook Islands, puts assets beyond the reach of the U.S. creditors," says Mr. Wessell.

Kevin Wessell's firm has served many professionals from celebrities, to businesspersons to medical doctors to attorneys to sports figures. One of Offshore Company's clients included a Los Angeles surgeon who was in the midst of eight breast-implant lawsuits after it was found that silicone had leaked, due to the manufacturers' design, and this manufacturer had filed bankruptcy. They could not go after the manufacturer of the silicone implants…so guess who they went after?…the doctor, who was not at fault.

The doctor had to file bankruptcy to clear away the lawsuits. Once done, his assets were under the jurisdiction of a licensed and bonded foreign trustee outside of the United States court's jurisdiction. The trustee refused to release the funds to the legal enemies of the doctor. Once bankruptcy wiped out his debts and liabilities…. the foreign trustee released the funds to the physician.    

"Timing is a key element in setting up offshore trusts. Once a person decides an offshore trust is right for himself or herself, the sooner he or she acts on it the better," said Mr. Wessell. "There is a one to two year statute of limitations on fraudulent transfer. In the Cooks Islands for example, the statute of limitations for fraudulent transfer is one year or two years after the underlying cause of action…so by the time a lawsuit is brought to completion in the United States courts, the statute of limitations in the foreign jurisdiction bars the suit. This means once a trust is set up, and the assets, such as real estate, stock and other holdings are liquidated and placed in the trust, the lawsuit followed by potential bankruptcy takes up the allotted time and then the statute of limitations prevents the suit from moving forward in the Cook Islands.

Another barrier to creditors is that It is an extremely expensive proposition to bring a lawsuit to the Cook Islands. This roadblock can be enough to keep potential creditors at bay. Though we would not intentionally establish asset protection against a government agency, even the United States government, with its financial resources, has not been able to overcome the protection these trusts provide in the cases where they have challenged the Cook Islands trust," concluded Mr. Wessell.

For more information about the Cook Islands trust or other asset protection techniques,
call 1-800-959-8819 or visit the web site at Offshore Company

About Offshore Company
Established in 1977, Offshore Company serves businesses and individuals with creating offshore companies, offshore banking services, incorporating services, establishing LLCs (Limited Liability Companies), tax reduction strategies, asset protection and privacy programs.

Offshore Company is based in the Los Angeles area at 28015 Smyth Drive, Santa Clarita, CA 91355. Telephone number: 1-800-959-8819. The website for Offshore Company is: http://www.OffshoreCompany.com

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PSS Systems Ranks at the Top in eDiscovery Industry Survey

PSS Systems announced it was ranked as a Top eDiscovery software provider in the 2008 Socha-Gelbmann Electronic Discovery Survey in multiple categories. The company also ranked in the Top 10 in Identification and in the Top 15 rankings by both Corporations and Law Firms.

Mountain View, CA (PRWEB) July 22, 2008 -- PSS Systems, the leader in legal holds and retention management solutions, announced it was ranked as a Top eDiscovery software provider in the 2008 Socha-Gelbmann Electronic Discovery Survey in multiple categories. Not surprisingly, PSS Systems received the top ranking in the Software Provider category it invented: Preservation. The company also ranked in the Top 10 in Identification and in the Top 15 rankings by both Corporations and Law Firms.

PSS Atlas software

"Today, the legal hold process involves staggering volumes of material which need to be identified and potentially preserved in multiple global locations, platforms and formats, making the task an enormous challenge for litigators. It is important for companies to select an approach that can manage identification and preservation efficiently, effectively and defensibly which can significantly reduce the associated risk and cost in these processes," stated George J. Socha, Jr., Esq of Socha Consulting. Much of the legal risk is concentrated in managing the people and data involved in the legal holds process.

"The ability to effectively manage your entire records system and necessary legal holds acting on those records is essential in today's legal environment. Doing this reduces legal risk and effectively manages business information assets," states Bruce Whitney, former assistant general counsel and now advisor to Air Products. "PSS Systems is the only company that really understands and effectively addresses this important linkage. Its Atlas product suite is a natural choice for companies -- I'm one of many fans."

"As the pioneer in legal holds and collection software, our Atlas suite sets the benchmark and continues to raise the bar for products in this arena," said Deidre Paknad, CEO of PSS Systems. "Our strong showing in the survey reflects our market share lead, our large legal holds and retention management customer base, and the substantial R&D investment we've made in our Atlas software since 2004."

PSS Systems established itself as the innovator and market leader when it launched its Atlas legal holds and retention policy management suite nearly two years before revisions to the Federal Rules of Civil Procedure raised the bar for how corporations preserve evidence and manage information. The Atlas software suite reduces legal risk and cost for corporations by providing a comprehensive and coherent solution for automating legal holds, discovery, and retention policy management.

The annual Socha-Gelbmann Electronic Discovery Survey examines the size, scope and growth of the electronic discovery market. The executive summary of the survey will be published in the August issue of Law Technology News.

About PSS Systems:
PSS Systems is the leader in legal governance systems, and its Atlas software is the standard for legal holds and retention policy management. In the early 2000's, the company envisioned a change in legal requirements for corporations, and in 2004 was first to introduce solutions to reduce and control the growing cost and risk for corporate legal departments. The Atlas software suite includes Atlas LCC to streamline legal holds and collection processes end-to-end; Atlas ERM to enable retention programs across disparate countries, business units, information sources, and systems; and Atlas Policy Enforcement Services to automate retention and preservation policy enforcement across various systems and data sources.

PSS Systems founded and sponsors the CGOC, a professional community on retention and preservation, and continues to lead the industry through unparalleled innovation and thought leadership on these issues. The privately-held company is headquartered in Mountain View, California, with offices in New York, Los Angeles, Chicago, and Houston. For more information, visit www.pss-systems.com.

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[Via Legal / Law]

Terry Bryant to Represent Injured Workers in Houston Crane Collapse

Crane collapse leaves four dead and seven injured.

Houston, TX (PRWEB) July 22, 2008 -- Houston-based lawyer Terry Bryant will be representing several workers affected by the recent crane collapse that took the lives of four people and injured seven others.

The crane collapse took place on July 18, 2008, and is now the subject of a federal investigation. The crane--standing 30 stories tall and capable of lifting 1 million pounds--came crashing to the ground at a LyondellBasell refinery, one of the largest polymer and petrochemical companies in the world. Owned by Louisiana-based Deep South Crane & Rigging, the crane collapsed during maintenance after being assembled onsite the previous month. Four injured workers were taken to area hospitals, and an additional three employees were treated at the scene of the accident.

"As the crane collapsed so did the dreams, hopes and security of the families affected by this tragedy," said attorney Terry Bryant. "My goal is to help find the cause behind this tragic accident and provide justice for my clients and their families. I want to help ensure that accidents like these don't happen again and to hold those who are responsible accountable for their actions."
   
The Occupational Safety and Health Administration (OSHA) is officially investigating the incident, which is the latest in a string of fatal crane-related accidents across the country. According to CNN, cities including Miami, Las Vegas, and New York have all had fatal crane accidents in the past several months. Additionally, a separate Houston crane collapse occurred yesterday near Highway 5 and Kingwood Drive when a crane toppled over and landed on the back of a flatbed truck. No one was injured.

About Terry Bryant
Terry Bryant's commitment to providing legal assistance for injured persons began in 1985 when he opened his firm as the sole practitioner. Twenty years later, he still practices in the same location. His focus continues to be helping people with severe injuries get the legal representation they desire. He is board certified as a Personal Injury Trial Lawyer by the Texas Board of Legal Specialization. The firm employs an exceptional litigation team and support staff with combined experience exceeding 70 years in personal injury law. The members of the firm work as a team to provide clients with the best possible legal representation. For more information, visit www.TerryBryant.com.

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What to Do If You Are Injured in a Car Accident in Pennsylvania

Auto accidents happen all the time. In fact, statistics confirm that most of us have either been involved in a car accident or know someone who has. We also know that injuries from car accidents can be very serious, even if the injured victim doesn’t break a bone or have a more “obvious” injury.

How you handle the accident can make a big difference later on down the road. In Pennsylvania, the ability to make a claim for pain, suffering and lost wages and property damages are governed by the Pennsylvania Motor Vehicle Responsibility Law (MVFRL). The MVFRL outlines each person’s rights and, depending upon the type of insurance you have, whether you are entitled to recover damages for pain and suffering. For example, whether YOU purchased limited tort or full-tort coverage has a huge impact upon whether you will be able to be compensated for your pain and suffering. But once you are in the accident, you can’t change your insurance coverage. Instead, there a few things you should do.

First, always write down the time and place (intersection, city, streets, and other landmarks) where the accident occurred. Next, get the name, address and driver’s license number of each driver involved in the accident – and get the names, addresses and phone numbers of every witness to the accident. Also, you should write down the make and model of each other car involved in the accident, as well as the license plate number. In addition, take a picture of your car and each other car; your cell phone probably has a camera. If you believe you are injured, you should also be sure that the police are notified about the accident and that they came to the scene and created a police report. If you do these things, you can later prove that you and the other vehicles were present at the scene.

Next, notify your insurance company. Tell the company about the accident so that it has a record of the claim. In addition, if you think you were hurt, tell the police officer and your insurance company – no matter how serious or minor you think your injuries are. That way, if you really start hurting a day or a week later, there is a record of your complaints. That doesn’t mean to say you are hurt if you weren’t. If you’re fortunate to escape the accident without injury, be glad. Also, if you have any concerns about your health, go to your family doctor or to the Emergency Room and get treated. Sometimes people think they aren’t hurt and turn out to be seriously injured. Protect yourself.

If you take these basic steps, and later make a claim seeking compensation for your pain and suffering and other injuries, the defendants will be more likely to believe you and won’t argue that you weren’t hurt because you didn’t go directly to the Emergency Room. Remember, being involved in a car accident is serious, and you should always do everything you can to protect your rights.

This Pennsylvania personal injury law tip is provided by the Philadelphia, Bucks, Chester, Delaware and Montgomery County automobile accident, workers’ compensation and personal law office of Attorney Robert S. Waldman, 1800 JFK Blvd., Suite 1500, Philadelphia, Pennsylvania 19103, phone: 215.545.4040, website – http://www.lawonyourside.net, or email rwaldman@lawonyourside.net.

About the Author

Philadelphia personal injury and workers' compensation attorney Robert S. Waldman has fought for the rights of injured persons for over 30 years. He concentrates his practice in workers' compensation, auto accident and other personal injury matters. His website is Law On Your Side.

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