Follow

Get every new post on this blog delivered to your Inbox.

Join other followers:


 

logo
347-787-6824

Blog

blog

Blog rss feed

In addition to your RSS feed subscription, you can also sign up for the Firm’s Blog & Press Release post notification by entering your e-mail address and clicking “Subscribe” below.

 


Welcome to the LAW FIRM OF DAYREL SEWELL, PLLC. Thank you for visiting the Blog section of this firm. We will be updating this page with information about the firm, recent legal updates, and other legal issues.

Demonstrative evidence: friend or foe?

          A jury’s job throughout a trial is to comprehend, understand and process all of the information conveyed by both the attorneys and witnesses.  Plainly hearing this information without any form of aids (e.g., picture, graphs, physical objects, etc.) can lead to forgetfulness when it comes time for deliberations.  That is why it has been common practice in the trial world to use evidence to help these juries pair aids with facts throughout a trial.  Lawyers are afforded the ability to use demonstrative and substantive evidence throughout the presentation of their case: both to simplify information and make it more memorable.  Demonstrative evidence is used to give the jury a chance to experience the issues and facts of a case in the eyes of the presenting par Read More

Posted in Blog | Tagged demonstrative evidence, evidence, judge, jury, O.J. Simpson, trial, witness, | 2 Comment

The Search For Equitable Remedies For Breach of Contract

by Augustus Balasubramaniam, Esq. Contracts Overview In New York, for a legally enforceable agreement to exist at contract, the Plaintiff must establish an offer, acceptance of that offer, consideration moving between the parties, mutual assent, and intent to be bound.  See Kwalchuk v. Stroup, 61 A.D.3d 118, 121 (1st Dep’t 2009).  An Offer is defined as “…the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it” (see Restatement (Second) of Contracts §24).  “…(I)t must create a reasonable understanding in the offeree that the offeree has the power to create a contract by simply man Read More

Posted in Blog | Tagged acceptance, breach of contract, consideration, contract, equitable, equity, offer, remedies, remedy, | 2 Comment

Commercial Lease Parties Beware: Lessons from Tarrytown

by Andrew Fine, JD (NYS Bar admission pending; firm alumnus)   Through a recent appellate court decision, New Yorkers were gravely reminded that the age-old commercial concept of “caveat emptor” - which is Latin for “buyer beware” -  applies with equal force to those seeking commercial leases. Due diligence and factual investigation, it appears, are burdens naturally imposed on buyers and lessees alike. On September 14, 2016, the Second Department of the New York Supreme Court, Appellate Division, decided 1357 Tarrytown Road Auto, LLC v. Granite Properties, LLC.[1] In this case, the plaintiff was a company that operated an automobile dealership (hereinaf Read More

Posted in Blog | Tagged appellate, commercial lease, local zoning laws, New York supreme court, Second Department, | 3 Comment

Non-U.S. (foreign) copyrighted works should be registered with the U.S. Copyright Office

by Henry Park, Esq. Of Counsel and Registered U.S. Patent Attorney Copyrights are territorial rights, which means that they are granted by—and limited to—the jurisdiction in which the copyright claimant seeks protection. To avoid this limitation, 171 countries have signed the Berne Convention for the Protection of Literary and Artistic Works. Under the Berne Convention, signatories recognize that the works from one contracting state must be given the same protection in each of the other contracting states as the latter gives to its own nationals. See Berne Summary at http://www.wipo.int/treaties/en/ip/berne/summary_berne.html (1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union […] Read More

Posted in Blog | Tagged author, Berne Convention, copyright, Copyright Act, copyright registration, infringement, | 3 Comment

Myriad Back in Court on Patent Subject Matter Eligibility

On June 13, 2013, the Supreme Court issued a unanimous decision holding that “genes and the information they encode are not patent eligible simply because they have been isolated from the surrounding genetic material.” See Association for Molecular Pathology v. Myriad Genetics Corp. (AMP), 133 S. Ct. 2107, 2120 (2013). Attorney Sewell’s publication entitled “Unanimous U.S. Supreme Court and Angelina Jolie: BRCA1 & BRCA2 Patentability” is widely disseminated, well-received by his peers, and sparks considerable commentary. Read More

Posted in Blog | Tagged 35 U.S.C. § 101, biotechnology, genetic testing, intellectual property, method claim, Myriad, patent, patent attorney, patent eligibility, patent law, patent search, subject matter eligibility, | 1 Comment

Patent Troll Paying the Toll

In an exemplary ruling, the United States District Court for the Southern District of New York has ordered the so-called patent troll, Lumen View Technology, LLC (“Lumen”), to pay opposing party FindTheBest.com’s legal fees and other expenses under the fee-shifting provision of 35 U.S.C. § 285. See Lumen View Technology, LLC v. FindTheBest.com, Inc., 1:13-cv-3599 (DLC) (SDNY 2014). Lumen filed suit against FindTheBest in May 2013 alleging FindTheBest infringed on a computer-implemented method patent that facilitated bilateral and multilateral decision-making. Lumen also filed more than twenty other similar patent infringement claims against various other technology companies during 2012 and 2013. FindTheBest quickly noticed the Lumen claim was a sh Read More

Posted in Blog | Tagged attorney fees, Federal Circuit, infringement, intellectual property, Justice Sotomayor, legal fees, method patent, patent, patent litigation, patent search, U.S. Supreme Court, | 2 Comment

Continuing Legal Education, Networking, and Refreshments

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Dayrel will be co-presenting a Continuing Legal Education (CLE) course called “Intellectual Property Fundamentals: What Every Attorney Needs to Know” on Monday, May 19, 2014 at the Brooklyn Bar Association. Refreshments and networking will immediately follow the CLE presentation. The attached flyer contains further course and registration information. You are encouraged to attend this fun and informative event. We look forward to seeing you! Intellectual Property Fundamentals What Every Attorney Needs to Know Read More

Posted in Blog | Tagged attorney, bar association, copyright, intellectual property, legal, networking, patent, trademark, | 0 Comment

Patent Assertion Entity Settles with Attorney General and Sues the Federal Trade Commission

On January 14, 2014, the Office of the New York State Attorney General (OAG) made a significant contribution in combating the ignominious patent troll. Attorney General Eric Schneiderman announced that MPHJ Technology Investments, LLC (MPHJ), a so-called “patent troll”, entered into an Assurance of Discontinuance (or settlement) with the OAG stemming from the OAG’s June 2013 investigation of potentially deceptive statements, and other abusive conduct, by MPHJ relating to its patent licensing program which targeted New York businesses as potential infringers of its patents. See Assurance No. 14-015. The Attorney General’s investigation focused on MPHJ’s use of deceptive and abusive tactics when it contacted hundreds of small and medium-sized New York business Read More

Posted in Blog | Tagged Attorney General, deceptive trade, FTC, intellectual property, New York, patent, patent assertion, patent troll, settlement, Texas, | 1 Comment

HSBC Sued by NY A.G. Over Foreclosure Abuse

HSBC Sued by NY A.G. Over Foreclosure Abuse Today, the New York State Attorney General’s Office (AGO) announced that it has filed suit against HSBC Bank USA and HSBC Mortgage Corporation (USA) in NY State Supreme Court in Erie County. See THE PEOPLE OF THE STATE OF NY vs. HSBC BANK USA. The lawsuit states that HSBC is failing to follow state law related to foreclosure actions, thereby putting homeowners at greater risk of losing their homes.   Background   In New York, loans for real property are secured through mortgages rather than through deeds of trust. New York, unlike trust states, is a judicial foreclosure state. In states like New York, mortgage foreclosure actions must proceed through the judiciary Read More

Posted in Blog | 4 Comment

“First-Sale” Resellers Rejoice

“First-Sale” Resellers Rejoice SUPREME COURT OF THE UNITED STATES KIRTSAENG, DBA BLUECHRISTINE99 (Petitioner) v. JOHN WILEY & SONS, INC. (Respondent) No. 11–697. Argued October 29, 2012—Decided March 19, 2013   COMMENT   Recently, a seminal decision was issued by the Supreme Court of the United States that undoubtedly affects the scope of rights for copyright holders as well as the resellers of those copyrighted works.   Background   John Wiley & Sons, Inc., an academic textbook publisher, often assigns to its wholly owned foreign subsidiary (Wiley Asia) rights to publish, print, and sell foreign editions of Wiley’s E Read More

Posted in Blog | 8 Comment

Untitled-1