EIN Presswire: Patents & Trademarks Live Feed Press Releases

Home Jinni Inc. Files Petition With the USPTO to Cancel SMRTV INC.'s Registration of the ConnecTV™ Trademark

Tue, 07 Feb 2012 12:00:00 +0000

Home Jinni Inc. Files Petition With the USPTO to Cancel SMRTV INC.'s Registration of the ConnecTV™ Trademark

HOME JINNI INC. v SMRTV INC. USPTO Trademark Cancellation Petition.

PR Newswire

TORONTO, Feb. 7, 2012 /PRNewswire/ -- Home Jinni Inc., developers of the ConnecTV™ Smart TV platform, has filed a petition with the United States Patent and Trademark Office to cancel SMRTV INC.'s registration of the ConnecTV™ trademark (cancellation #92055129). According to their press releases, SMRTV INC. is using ConnecTV™ as a mark for a social TV service offered in partnership with broadcast groups Barrington Broadcasting Group, Belo Corp., Cox Media Group, E.W. Scripps Co., Gannett Broadcasting, Hearst Television Inc., Media General Inc., Meredith Corp., Post-Newsweek Stations Inc. and Raycom Media.

Home Jinni's CEO, Shidan Gouran, states, "Since November 2011, we have attempted to negotiate with SMRTV INC. We informed them of our prior commercial use of the ConnecTV™ mark in the USA. The fact that this situation has not been rectified to date has led to our petition with the USPTO."

Shidan Gouran goes on to state, "At the time that Mr. Aaron and SMRTV INC. registered our brand ConnecTV™, even a simple query of the term on Internet search engines would have shown a significant portion of the results, including leading industry blogs, publications, marketing videos, advertisements and press releases pointing to Home Jinni's Smart TV product and, the fact that we had presence under the ConnecTV™ brand at the CEA's CES tradeshow in Las Vegas, Nevada, in partnership with established US companies. SMRTV INC. never contacted us for clarifications on our prior use of the brand before registering our mark. We have, in fact, commercially licensed our Smart TV product under the ConnecTV™ brand in the USA before SMRTV INC. registered the mark. We will exercise all available options for defending the integrity of our brand."

About Home Jinni Inc.
Home Jinni Inc. is a company providing white label solutions for end user programming and control of the digital home. Home Jinni licensees include leading US microchip vendors in the CE industry. http://www.homejinni.com

Legal Marks: Home Jinni and ConnecTV are trademarks of Home Jinni Inc. CES is a trademark of CEA.

YouTube http://www.youtube.com/watch?v=G_7H1dqZDIw
twitter @homejinni

Contact:
Shidan Gouran
+1 416 218 3017
shidan@homejinni.com

SOURCE Home Jinni Inc.

State and Local Bar Regulation, Law Enforcement Access to Third-Party Records, and Standards for Language Access Adopted as ABA Policy During New Orleans Meeting

Tue, 07 Feb 2012 01:10:00 +0000

CHICAGO, Feb. 6, 2012—The American Bar Association has adopted new policy on a number of key legal issues. The association’s 560-member House of Delegates met today during its Midyear Meeting.

Some legislatures have sought recently to regulate the ability of state and local bar associations to function independently and freely represent the views of their members. In bringing the resolution to the house, Carlos A. Rodriguez-Vidal described that in Puerto Rico a political faction opposing the bar association’s positions on certain issues acted to limit the bar association. Specifically, Rodriguez-Vidal said critics were seeking to silence the bar’s speech and limit its membership and dues. Recommendation 10A, brought to the House by the Bar Association of Puerto Rico, urges the highest courts or legislative bodies of states and territories charged with the administration of justice, to respect the organized bar’s ability and right to function independently.

Striking the appropriate balance between the need for law enforcement to have access to records by institutional third parties, and the privacy interests and implications on social participation, can be a challenge. There is currently no structure through which legislatures, courts acting in their supervisory capacity and agencies to make the difficult decisions as to what records should be protected and the scope of such protection. Resolution 101A, as amended, adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party Records, which provides such a framework through which to do so. In speaking on behalf of the resolution, Stephen Saltzburg—of the Section of Criminal Justice, which brought the resolution to the house—noted that the resolution had no bearing on constitutional law.

Resolution 113 adopted the ABA Standards for Language Access in Courts, and urges federal and state legislative and executive branches to provide adequate funding to courts to fully implement language access services.

For two decades, rehabilitative sentencing alternatives, such as drug and domestic violence courts, have made positive inroads in reducing recidivism and costs associated with incarceration. Noncitizens, however, cannot avail themselves of the benefits of therapeutic courts, which results in an inequity with a high personal cost to the individual, his or her family and community, and society as a whole. Recommendation 101F lends the ABA’s support to legislation, policies and practices that allow equal and uniform access to therapeutic courts and problem-solving sentencing alternatives, such as drug treatment and anger management counseling, regardless of the custody or detention status of the individual.

A resolution, 102B, adopted by the House, approved the adoption of the Uniform Electronic Legal Material Act—promulgated by the National Conference of Commissioners on Uniform State Laws in 2011—as appropriate for states wanting to adopt specific substantive law on the subject. The act establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book. Talbot “Sandy” D’Alemberte questioned the lack of specific standards given it was a uniform act. Other speakers, however, noted that evolving technologies made specific standards undesirable and untenable.

A groundbreaking framework, adopted by the United Nations Human Rights Council, has emerged to address the responsibilities of transnational corporations and other business enterprises with respect to human rights. The outline rests on three pillars: the state’s duty to protect the human rights of its people; the corporate responsibility to protect human rights; and the need for more effective access to remedies. Recommendation 109 gives the ABA endorsement to the framework, and urges governments and the legal community to integrate into their respective operations and practices the United Nations Framework and Guiding Principles, as well as the “human rights” provisions of the OECD Guidelines for Multinational Enterprises.

Additional policy includes:

Resolution 101C, as revised, which urges judges and lawyers to consider a number of factors in weighing the use of expert testimony, such as whether the testimony of uniqueness is based on valid scientific research, whether experts present testimony that is accurate and fairly conveys the significance of their conclusions, and whether to include jury instructions with specific information so that the panel can fairly assess the reliability and weight of such expert testimony
One (101D), urging judges and lawyers to consider potential jurors’ understanding of scientific principles relative to forensic science, as well as their preconceptions or bias with respect to such principles.
Recommendation 101G, which urges courts to adopt jury instructions that are in language understandable by jurors—untrained in law—in the penalty phase of trials in which the death penalty may be imposed, and that such instructions be provided in written form.
Resolution 108, as revised, which urges state and territorial bar admission authorities to adopt rules and procedures that accommodate the unique needs of military spouse attorneys who move frequently in support of the nation’s defenses.
Recommendation 111, which urges entities that administer a law school admission test to provide appropriate accommodations for a test taker with a disability to best ensure the exam reflects what the test is designed to measure and not the test taker’s disability.
Resolution 302, supporting the principle that “private” lawyers representing governmental entities are entitled to claim the same qualified immunity provided “government” lawyers when they are acting “under color of state law.”

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

– 30 –

American Bar Association Nominates James R. Silkenat as ABA President-Elect

Mon, 06 Feb 2012 22:11:36 +0000

First New York Lawyer to Lead ABA in More Than 25 Years

NEW ORLEANS, Feb. 6, 2012 – New York City lawyer James R. Silkenat, a partner in the national law firm of Sullivan & Worcester, was nominated today to become president-elect of the American Bar Association. The ABA House of Delegates will vote on the nomination in August. If elected, Silkenat will serve a one-year term as ABA president-elect before taking office as president of the association in August 2013 at the ABA Annual Meeting in San Francisco.

“The American Bar Association plays an important role in strengthening the rule of law in the United States and around the world,” said Silkenat. “I am greatly honored to be nominated for the highest position in our association and proud to be part of an American legal profession that works to promote justice and equality before the law.”

In his acceptance speech, Silkenat noted that, “Among the many important roles played by the ABA, and by other bar associations in the United States, is that they help us be better lawyers and judges and educators and citizens: better able to help our clients and better able to serve the public and our justice system.”

In the coming year, Silkenat, who was born and grew up in Kansas, will focus on several issues of concern to the legal profession, including: guaranteeing adequate funding for State courts; increasing ABA membership and enhancing member services; improving legal education; and expanding employment opportunities for lawyers, particularly young lawyers.

Key among a series of initiatives he has identified for his term, Silkenat hopes to promote diversity in the legal profession, work more closely with corporate counsel, examine election law reform issues, and improve bar services for solo and small firm practitioners. He will also emphasize the ABA’s role as the national and global voice of the legal profession.

Silkenat has a long and distinguished record of service at the ABA. Most recently, he was a member of the ABA Commission on Women in the Profession, the ABA Commission on Racial and Ethnic Diversity in the Profession and the ABA Solo and Small Firm Leadership Coalition. He served as chair of the ABA Section of International Law (receiving its Lifetime Achievement Award in 2007), chair of the ABA Section Officers Conference, and chair of the ABA Standing Committees on Membership and Constitution and Bylaws.

Prior to his nomination and selection as president-elect, Silkenat served as a member of the ABA House of Delegates since 1990 and, in his role as ABA state delegate from New York, was chair of the New York delegation to the ABA House of Delegates from 2000 to 2009. He is a former member of the ABA Board of Governors and its Executive Committee and is a former national chair of the Fellows of the American Bar Foundation.

In other activities, Silkenat is a member of the Council on Foreign Relations, the American Law Institute and served as chair of Lawyers Committee for International Human Rights (now Human Rights First), chair of the Commission on the World Justice Project and chair of the Council of New York Law Associates (now the Lawyers Alliance for New York). He was a fellow in the U.S. State Department Scholar/Diplomat Program and a fellow of the National Endowment for the Humanities. He is the recipient of the Diversity Champion Award of the Association of the Bar of the City of New York.

A frequent author and lecturer, Silkenat is the editor or co-editor of 14 books and more than 100 articles on legal and justice system issues. His books include The Law of International Insolvencies and Debt Restructurings, The Imperial Presidency and the Consequences of 9/11: Lawyers React to the Global War on Terrorism and The ABA Guide to International Business Negotiations.

In his legal practice at Sullivan & Worcester in New York City, Silkenat helps coordinate the firm’s international business practice and concentrates on the areas of project and infrastructure finance, banking, securities law, mergers and acquisitions, and corporate law. He is a former legal counsel at the International Finance Corporation of the World Bank Group in Washington, D.C.

Silkenat received his Bachelor of Arts from Drury College, where he received the Distinguished Alumni Award for Career Achievement in 2000 and where he also received the Batson Prize in History and the Omicron Delta Kappa Award (the Outstanding Student Leadership Prize). He received his Juris Doctor from the University of Chicago School of Law, where he was an editor of the University of Chicago Law Review, and his Master of Laws in international law from New York University School of Law.

- 30 -

Solera Announces Filing of Complaint for Patent Infringement Against Mitchell International, Inc.

Mon, 06 Feb 2012 21:12:53 +0000

Solera Announces Filing of Complaint for Patent Infringement Against Mitchell International, Inc.

PR Newswire

WESTLAKE, Texas, Feb. 6, 2012 /PRNewswire/ -- Solera Holdings, Inc. (NYSE: SLH), the leading global provider of software and services to the automobile insurance claims processing industry, today announced that Audatex North America, Inc., Solera's indirect wholly-owned subsidiary, filed a Complaint for Patent Infringement against Mitchell International, Inc. in the United States District Court, District of Delaware, for infringement of U.S. Patent No. 7,912,740, entitled "System and Method for Processing Work Products for Vehicles Via the World Wide Web."

Solera will be hosting its second quarter fiscal year 2012 earnings results conference call tomorrow at 4pm CST/5pm EST and will discuss this development in more detail at that time. The conference call will be webcast live in listen-only mode and can be accessed by visiting the Investor Center section of the Solera website: www.solerainc.com. A webcast replay will be available on the website until midnight on February 21, 2012. A live audiocast will also be accessible to the public by calling (866) 788-0540 or from outside the U.S., (857) 350-1678. When prompted, the following access code is required: 92178554. Callers should dial in approximately 10 minutes before the call begins. For those unable to participate in the live audiocast, a replay will be available until midnight on February 21, 2012. To access the replay, dial (888) 286-8010 or, from outside the U.S., (617) 801-6888, and enter the following access code when prompted: 63653904.

About Solera Holdings, Inc.

Solera is the leading global provider of software and services to the automobile insurance claims processing industry. Solera is active in nearly 60 countries across six continents. The Solera companies include Audatex in the United States, Canada, and in more than 45 additional countries, Informex in Belgium and Greece, Sidexa in France, ABZ and Market Scan in The Netherlands, HPI in the United Kingdom, AUTOonline providing salvage disposition in a number of European and Latin American countries, Hollander serving the North American recycling market, Explore providing data to U.S. P&C insurers used in the re-underwriting of their insured drivers, and IMS providing medical review services. For more information, please refer to the company's website at http://www.solerainc.com/.

SOURCE Solera Holdings, Inc.

Smith & Nephew Reaches Settlement With US Government

Mon, 06 Feb 2012 16:23:09 +0000

Smith & Nephew Reaches Settlement With US Government

PR Newswire

LONDON, Feb. 6, 2012 /PRNewswire/ -- Smith & Nephew plc (LSE: SN, NYSE: SNN), the global medical technology business, announces that it and its U.S. subsidiary, Smith & Nephew, Inc., have reached settlements with the U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) in connection with their Foreign Corrupt Practices Act investigation of the medical device industry. Smith & Nephew has committed to pay $22,226,799 in fines and profit disgorgement, maintain an enhanced compliance programme, and appoint an independent monitor for at least 18 months to review and report on its compliance programme. The Group provided for this payment in its earnings for the fourth quarter of 2011.

Smith & Nephew and other medical device companies were asked by the SEC and DOJ in late 2007 to look into possible improper payments to government-employed doctors and voluntarily report any issues. Smith & Nephew found and reported evidence of improper payments by a distributor in Greece that had been appointed by Smith & Nephew subsidiaries and was terminated in 2008. The individuals implicated are no longer associated with the Group.

"We have what I believe to be a world-class compliance programme, having enhanced it significantly since this investigation began in 2007," commented Olivier Bohuon, Chief Executive Officer of Smith & Nephew. "These legacy issues do not reflect Smith & Nephew today. But they underscore that we must remain vigilant every place we do business and let nothing compromise our commitment to integrity."

About Smith & Nephew

Smith & Nephew is a global medical technology business dedicated to helping improve people's lives. With leadership positions in Orthopaedic Reconstruction, Advanced Wound Management, Sports Medicine, Trauma and Clinical Therapies, Smith & Nephew has almost 11,000 employees and a presence in more than 90 countries. Annual sales in 2011 were nearly $4.3 billion. Smith & Nephew is a member of the FTSE100 (LSE: SN, NYSE: SNN).

Forward-looking Statements

This document may contain forward-looking statements that may or may not prove accurate. For example, statements regarding expected revenue growth and trading margins, market trends and our product pipeline are forward-looking statements. Phrases such as "aim", "plan", "intend", "anticipate", "well-placed", "believe", "estimate", "expect", "target", "consider" and similar expressions are generally intended to identify forward-looking statements. Forward-looking statements involve known and unknown risks, uncertainties and other important factors that could cause actual results to differ materially from what is expressed or implied by the statements. For Smith & Nephew, these factors include: economic and financial conditions in the markets we serve, especially those affecting health care providers, payors and customers; price levels for established and innovative medical devices; developments in medical technology; regulatory approvals, reimbursement decisions or other government actions; product defects or recalls; litigation relating to patent or other claims; legal compliance risks and related investigative, remedial or enforcement actions; strategic actions, including acquisitions and dispositions, our success in integrating acquired businesses, and disruption that may result from changes we make in our business plans or organisation to adapt to market developments; and numerous other matters that affect us or our markets, including those of a political, economic, business or competitive nature. Please refer to the documents that Smith & Nephew has filed with the U.S. Securities and Exchange Commission under the U.S. Securities Exchange Act of 1934, as amended, including Smith & Nephew's most recent annual report on Form 20-F, for a discussion of certain of these factors.

Any forward-looking statement is based on information available to Smith & Nephew as of the date of the statement. All written or oral forward-looking statements attributable to Smith & Nephew are qualified by this caution. Smith & Nephew does not undertake any obligation to update or revise any forward-looking statement to reflect any change in circumstances or in Smith & Nephew's expectations.

SOURCE Smith & Nephew

Honeywell Files Lawsuit Alleging Patent Infringement by Nest Labs; Follows Similar Litigation Against Other Manufacturers

Mon, 06 Feb 2012 15:30:00 +0000

Honeywell Files Lawsuit Alleging Patent Infringement by Nest Labs; Follows Similar Litigation Against Other Manufacturers

Honeywell Defends Decades of Innovation and Technology

PR Newswire

MINNEAPOLIS, Feb. 6, 2012 /PRNewswire/ -- Honeywell (NYSE: HON) today filed a patent infringement lawsuit against Nest Labs, Inc. in the United States District Court for the District of Minnesota. The lawsuit alleges infringement of seven Honeywell patents related to its thermostat technology.

(Photo: http://photos.prnewswire.com/prnh/20120206/NY47964)

The patents are related to, among other things, simplified methods for operating and programming a thermostat including the use of natural language, user interfaces that facilitate programming and energy savings, a thermostat's inner design, an electric circuit used to divert power from the user's home electrical system to provide power to a thermostat, and controlling a thermostat with information stored in a remote location.

Specifically, the complaint asserts infringement of the following patents:

U.S. Patent No. 7,634,504 – "Natural Language Installer Set Up for Controller"
U.S. Patent No. 7,142,948 – "Controller Interface with Dynamic Schedule Display"
U.S. Patent No. 7,584,899 – "HVAC Controller"
U.S. Patent No. 7,159,789 – "Thermostat with Mechanical User Interface"
U.S. Patent No. 7,159,790 – "Thermostat with Offset Drive"
U.S. Patent No. 7,476,988 – "Power Stealing Control Devices"
U.S. Patent No. 6,975,958 – "Profile Based Method for Deriving a Temperature Setpoint Using a 'Delta' Based On Cross-Indexing a Received Price-Point Level Signal."

The lawsuit seeks to enjoin Nest Labs and Best Buy Co., Inc., which sells the Nest Labs thermostat, from using Honeywell's patented technology and to recover damages caused by the infringement. This action follows recent patent litigation filed by Honeywell against Venstar Inc. and ICM Controls for infringing thermostat and combustion controls patents.

"Competition is good and we welcome it, but we will not stand by while competitors, large or small, offer products that infringe on our intellectual property," said Beth Wozniak, president, Honeywell Environmental and Combustion Controls. "From our iconic 'round thermostat' to the first programmable and simple-to-use touch screen thermostats, Honeywell is known for setting the standard in home comfort and energy efficiency."

Honeywell has invested substantial resources in the research and development of its thermostats and has launched hundreds of products and technologies in the last five years. The company has protected that investment with a significant patent portfolio, including hundreds of patents in the thermostat space alone.

"We are focused on upholding the integrity of the hard work and development our company has put into its home comfort and residential control technologies," continued Wozniak. "We have more than 20,000 engineers who work hard every single day to solve issues faced by our global customers – innovation is at the heart of what we do at Honeywell. We will continue to protect our intellectual and financial investments in innovation and pursue legal action against those who infringe our patented technologies."

Honeywell (www.honeywell.com) is a Fortune 100 diversified technology and manufacturing leader, serving customers worldwide with aerospace products and services; control technologies for buildings, homes and industry; automotive products; turbochargers; and specialty materials. Based in Morris Township, N.J., Honeywell's shares are traded on the New York, London, and Chicago Stock Exchanges. For more news and information on Honeywell, please visit www.honeywellnow.com.

This release contains "forward-looking statements" within the meaning of Section 21E of the Securities Exchange Act of 1934. All statements, other than statements of fact, that address activities, events or developments that we or our management intend, expect, project, believe or anticipate will or may occur in the future are forward-looking statements. Forward-looking statements are based on management's assumptions and assessments in light of past experience and trends, current conditions, expected future developments and other relevant factors. They are not guarantees of future performance, and actual results, developments and business decisions may differ from those envisaged by our forward-looking statements. Our forward-looking statements are also subject to risks and uncertainties, which can affect our performance in both the near- and long-term. We identify the principal risks and uncertainties that affect our performance in our Form 10-K and other filings with the Securities and Exchange Commission.

Contacts:
Honeywell
Bruce Eric Anderson
763-954-5344
bruce.e.anderson@honeywell.com

Honeywell
Sarah McHugh-Ring
763-954-4917
sarah.mchugh-ring@honeywell.com

SOURCE Honeywell

Paul A. Ainsworth Joins Sterne, Kessler, Goldstein & Fox as Of Counsel

Mon, 06 Feb 2012 14:33:27 +0000

Paul A. Ainsworth Joins Sterne, Kessler, Goldstein & Fox as Of Counsel

IP Specialty Firm Bolsters Litigation Practice Group with Lateral Appointment

PR Newswire

WASHINGTON, Feb. 6, 2012 /PRNewswire/ -- Sterne, Kessler, Goldstein & Fox P.L.L.C. (SKGF), an intellectual property law firm in Washington, DC, announced today the addition of Paul A. Ainsworth as Of Counsel in the Litigation Practice Group.

"We are thrilled to have Paul join the SKGF team," said Mark Fox Evens, Chair of the Litigation Practice Group at SKGF. "We have been aggressively building the litigation group to meet increasing client demands for our IP litigation services, and Paul brings an excellent mix of trial and appellate experience to our team."

Mr. Ainsworth concentrates his practice in the area of patent litigation. He has represented clients in patent cases in federal courts and before the United States International Trade Commission in the pharmaceutical, consumer products, electronics, and e-commerce industries. He has extensive experience representing clients in the pharmaceutical industry in litigation arising under the Hatch-Waxman Act.

After law school, Mr. Ainsworth served as a law clerk for the Honorable Sue L. Robinson, United States District Judge, District of Delaware. Prior to joining the firm, he was a senior associate in the Washington DC office of Covington & Burling LLP.

In 2011, the National LGBT Bar Association named Mr. Ainsworth one of the "Best LGBT Lawyers Under 40" in recognition of both his accomplishments as a patent litigator and his achievements on behalf of a number of civil rights organizations.

Mr. Ainsworth earned his J.D. from The College of William and Mary, Marshall-Wythe School of Law, and his B.A. in Political Science from The George Washington University.

Sterne, Kessler, Goldstein & Fox P.L.L.C. - Strategists and Advisors specializing in the protection, transfer and enforcement of Intellectual Property Rights. Founded in 1978 and based in Washington, DC, the firm represents a broad range of entities including emerging and established companies, venture capital firms, universities and select individuals.

SOURCE Sterne, Kessler, Goldstein & Fox P.L.L.C.

Joe Francis vs. Madonna in Super Bowl Showdown

Sat, 04 Feb 2012 01:20:04 +0000

Joe Francis vs. Madonna in Super Bowl Showdown

Madonna's rumored performance of her new song titled, Girls Gone Wild at this Sunday's Super Bowl, has Joe Francis throwing a penalty flag...and for good reason.

PR Newswire

LOS ANGELES, Feb. 3, 2012 /PRNewswire/ -- This morning, a cease and desist letter was sent to Madonna, her management, NBC Sports and the NFL from Girls Gone Wild creator Joe Francis' attorney. In the letter, attorney David Houston asserts that Madonna is infringing on his client's long-time trademark, Girls Gone Wild, without his permission. While shopping on Apple iTunes this morning, Francis discovered that "Girls Gone Wild" is the title of the first song on Madonna's new album, "M.D.N.A." Francis was quoted as saying, "I was blown away when I saw our name being used without our consent. I had to do a double take when I saw that it was the number one song on the album."

It was rumored in a number of published news articles today that as part of Madonna's Super Bowl halftime show, she would be performing her song, "Girls Gone Wild." "Not so fast," says Francis. The cease and desist letter also stated, "Madonna shall not perform or market the song at the Super Bowl this Sunday without a proper licensing agreement from Girls Gone Wild." Francis ended with, "Don't get me wrong, I'm a Madonna fan, but business is business. Maybe the Material Girl and I can work this out over drinks."

(Logo: http://photos.prnewswire.com/prnh/20090413/LA98232LOGO-b)

SOURCE Girls Gone Wild

Acclaimed Patent Trial Lawyer David Warden Joins Houston Complex Commercial Litigation, Intellectual Property Firm AZA

Fri, 03 Feb 2012 17:06:51 +0000

Acclaimed Patent Trial Lawyer David Warden Joins Houston Complex Commercial Litigation, Intellectual Property Firm AZA

PR Newswire

HOUSTON, Feb. 3, 2012 /PRNewswire/ -- Intellectual property lawyer David E. Warden has joined the Houston complex commercial litigation and intellectual property firm Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. (AZA) as of counsel.

Mr. Warden, a founding partner of his former firm Yetter Warden & Coleman LLP and formerly a partner with Baker Botts L.L.P., is an internationally recognized expert in patents, intellectual property, business litigation and arbitration. He is a lawyer, engineer, arbitrator, businessman, and an adjunct engineering and economics professor at Rice University.

"We are thrilled to welcome someone with the vast patent and intellectual property experience of David Warden," says John Zavitsanos, a founding partner of AZA. "He provides a valuable engineering background and has not only tried these cases, but has overseen them as a special master."

Mr. Warden has been appointed as special master and mediator by federal courts in various patent litigation matters. He is licensed as a patent attorney before the U.S. Patent & Trademark Office, and has been Board Certified in Civil Trial Law since 1989 by the Texas Board of Legal Specialization. Mr. Warden has arbitrated cases under the rules of the ICC International Court of Arbitration (Paris) and American Arbitration Association (New York), in addition to conducting ad hoc arbitrations.

"I have known and worked with the lawyers at AZA for many years and am excited to become formally associated with the firm," says Mr. Warden. "AZA operates with an 'unconventional wisdom,' as we say at Rice University. They are brilliant and passionate lawyers working together with a special camaraderie to achieve the best results for their clients."

Mr. Warden earned his law degree from University of Virginia after earning his bachelor's and master's degrees in engineering from Purdue University. He has been an adjunct professor at Rice University since 2006. He speaks French and some basic Mandarin, and is an instrument-rated pilot and a certified scuba diver. Before attending law school, Mr. Warden worked as an engineer and district production engineering supervisor for Exxon Corporation USA.

Mr. Warden's business activities include serving as Vice President–Corporate Development for Excalibur Almaz, U.S.A. from 2009-2011. He also serves on the Board of Directors for Encore Bancshares Inc. and several other businesses and charities.

Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, intellectual property, securities fraud, construction, and business dispute cases. AZA is one of only 32 firms in the U.S. to be recognized as "awesome opponents" in a nationwide poll of corporate general counsel who were asked to name the law firms they hope their companies never have to face in court. In fact, AZA has been hired on many occasions by the same companies the firm has prevailed against at trial. More information about the firm can be found at http://www.azalaw.com.

For more information on Mr. Warden's intellectual property practice at AZA, please contact Mary Flood at 800-559-4534 or mary@androvett.com.

SOURCE Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. (AZA)

Federal Judge to Powell: You're Not a Platter

Fri, 03 Feb 2012 01:30:05 +0000

Federal Judge to Powell: You're Not a Platter

Affirms Founder, Rock and Roll Hall of Fame Member Herb Reed has Exclusive Rights to the Trademark

PR Newswire

LAS VEGAS, Feb. 2, 2012 /PRNewswire/ -- Federal Judge Philip M. Pro issued a preliminary injunction against Las Vegas-based entertainer Monroe Powell prohibiting him from using the name "The Platters," reaffirming a previous court ruling that the founder and only surviving member of The Platters, Herb Reed, has the exclusive rights to the trademark.

(Photo: http://photos.prnewswire.com/prnh/20120202/NE47132 )

Powell has been performing in Las Vegas, across the United States and the world representing himself as "The Platters featuring the Legendary Monroe Powell." Rock and Roll Hall of Fame member Reed filed suit seeking a preliminary injunction to prevent Powell from confusing the public by causing them to believe that he had any connection to The Platters, the early pioneers of rock and roll known for hundreds of iconic and timeless hits including The Great Pretender, Only You, Smoke Gets in Your Eyes and My Prayer.

In his 14-page ruling, Judge Pro acknowledged that numerous courts have been asked for years to decide who is "The Great Pretender" when it comes to deciding who actually holds the rights to the famous Platters name writing, "'Only You' Herb Reed have exclusive rights to the mark 'The Platters.'" He enjoined Powell from using "The Platters" and "any equivalent or phonetically similar names or marks, in connection with any vocal group in any advertisements, promotional, marketing, or other materials..."

Judge Pro went on to state two exceptions, writing that Powell "may use the mark 'The Platters' if the word 'Tribute' or 'Revue' is included and when displayed or advertised, the word 'Tribute' or 'Revue' is at least one half the font size of 'The Platters.'"

Responding to today's decision Reed said, "After more than 30 years of court battles that at one time spawned more than 100 groups performing somewhere in the world as 'The Platters' the court is restoring my identity to me as the founder and only surviving member of the vocal group. This way, my legacy is and will continue as I intended in 1953."

CONTACT:
Fred Balboni
fbalboni@balbonicg.com
978-535-0704

SOURCE Herb Reed

The Verdict on Regulating Video Games and Violence

Thu, 02 Feb 2012 23:11:24 +0000

ABA Program to Look at First Amendment Rights, Conflicting Science Views

WASHINGTON, D.C., Feb. 3, 2012 — Are all government regulations of violent video games and programming for children obsolete? How can courts make sense of conflicting social science studies on media’s effect on kids? These and other questions regarding challenges to the First Amendment in light of the Supreme Court decision in Brown v. Entertainment Merchants Association, which held that video games are protected by the First Amendment, will be explored at the 17^th Forum on Communications Law Annual CLE Conference in Orlando, Fla., on Feb. 11.

The American Bar Association’s Forum Committee on Communications Law will host the plenary session that will explore the ramifications of the Brown v. Entertainment Merchants Association decision.

WHO: The American Bar Association Forum Committee on Communications Law

WHAT: Video Games, Violence, Social Science, and the First Amendment

Panelists:

Steve Zansberg, Moderator, Levine Sullivan Koch & Schulz, Denver
Stephanie Abrutyn, HBO, New York
Brad J. Bushman, PhD, The Ohio State University, Columbus, Ohio, and VU University, Amsterdam
Christopher Ferguson, PhD, Texas A&M International University, Laredo, Texas
Paul Smith, Jenner & Block, Washington, D.C.
Time Winter, President, Parents Television Council, Los Angeles

WHEN: Feb. 11, 9:45 – 11:15 a.m.

WHERE: 17^th Forum on Communications Law Annual CLE Conference
Ritz-Carlton Orlando Grand Lakes, Orlando, Fla.
Tuscany, Salons D & E, Lobby Level

Additional information as well as a link to the full programming agenda can be found here.

There is no charge for media to cover this session. To register, please contact Betsy Adeboyejo at betsy.adeboyejo@americanbar.org.

With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

- 30 -

The Future of WikiLeaks Examined by Legal and Media Experts

Thu, 02 Feb 2012 23:10:00 +0000

WASHINGTON, D.C., Feb. 3, 2012 — The impact of WikiLeaks and the implication of it altering the role of the free press and national security law will be explored at the 17^th Forum on Communications Law Annual CLE Conference in Orlando, Fla., Feb. 10.

The American Bar Association’s Forum Committee on Communications Law will host a session that will analyze the pros and cons of WikiLeaks, which will help inform business decision-makers about their classified information.

WHO: The American Bar Association’s Forum Committee on Communications Law

WHAT: WikiLeaks: Good or Evil, and What’s the Future?

Panelists:

George Freeman, Moderator, The New York Times Company, New York
Scott Shane, National Security Correspondent, The New York Times Company, Washington, D.C.
Ronald Machen, U.S. Attorney for the District of Columbia, Washington, D.C.
Mary-Rose Papandrea, Associate Professor, Boston College Law School, Newton, Mass.
Martin D. Singer, Lavely & Singer, Los Angeles
Mark Stephens, Finer Stephens Innocent, London

WHEN: Feb. 10, 9:15 – 10:45 a.m.

WHERE: 17^th Forum on Communications Law Annual CLE Conference
Ritz-Carlton Orlando Grand Lakes, Orlando, Fla.
Tuscany, Salons D & E, Lobby Level

Additional information as well as a link to the full programming agenda can be found here.

There is no charge for media to cover this session. To register, please contact Betsy Adeboyejo at betsy.adeboyejo@americanbar.org.

- 30 -

BodyMedia Files Patent Infringement Suit Against BASIS Science

Thu, 02 Feb 2012 19:17:27 +0000

BodyMedia Files Patent Infringement Suit Against BASIS Science

PR Newswire

PITTSBURGH, Feb. 2, 2012 /PRNewswire/ -- BodyMedia, Inc., the leader in wearable body monitors, announced today that it has filed a patent infringement suit against BASIS Science, Inc. in the U.S. Federal District Court in Delaware for willfully infringing BodyMedia's breakthrough patented wearable body monitoring devices and sensor fusion technology. The Company asserts that BASIS Science has been marketing a new product that uses BodyMedia's inventions as the foundation for its technology. BodyMedia seeks injunctive relief to bar the sale of BASIS Science's infringing products and damages associated with the infringement of six patents.

(Photo: http://photos.prnewswire.com/prnh/20120202/CG46797)

Christine Robins, BodyMedia's CEO, stated, "Over the last 12 years, BodyMedia has established a significant patent portfolio reflecting the output of a pioneering, decade-long program of research and development to unlock the benefits of sensor fusion in the wearable monitoring field. Furthermore, we have established a trusted product portfolio and diverse customer base that sees the value in BodyMedia. While we seek to enable partners through our licensing and OEM programs, we must aggressively protect and defend our intellectual property."

BodyMedia currently holds over seventy (70) issued patents worldwide as well as numerous patents pending.

About BodyMedia, Inc.

When your body talks, BodyMedia listens. BodyMedia has been unlocking and deciphering secrets of the body since 1999. Headquartered in Pittsburgh, PA, BodyMedia is the pioneer in developing and marketing wearable body monitors that equip consumers with information they can use to make sweeping changes to their own health and wellness beginning with weight management and soon to include management of other conditions affected by lifestyle choices. The BodyMedia platform is the only system of its kind that is registered with the FDA as a Class II medical device and that has been clinically proven to enhance users' weight loss by up to three times (data on file). For more information, visit www.bodymedia.com.

SOURCE BodyMedia, Inc.

Legal Representation of Children in Abuse and Neglect Cases Theme of 2-Day Florida Symposium

Thu, 02 Feb 2012 10:12:27 +0000

Fmr FL Supreme Court Chief Justice, Child Advocates and Former Foster Youth Slated to Speak

WASHINGTON, D.C., February 2, 2012 — Leading children’s rights advocates from Florida and across the country will highlight the urgent need for abused and neglected kids to have lawyers protecting them in all court proceedings that impact their lives, during a media briefing on Thursday, Feb. 9 at 3 p.m., followed by a symposium on Friday, Feb. 10 from 8 – 4:30 p.m. at Nova Southeastern University’s Shepard Broad Law Center.

The two-day agenda seeks to increase public awareness of these issues and provide advocates and policymakers with information that can be used to advance state and federal legislative reform.

Expert panelists will discuss, among other topics, the American Bar Association “Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceeding,” which requires the appointment of a lawyer for every child and youth in abuse or neglect proceedings in which the state has removed the child from the home. The Model Act outlines a set of standards, duties and mechanisms that states can put in place to ensure the provision of high-quality, effective lawyering for children.

According to the advocacy group Child Help, more than 3 million cases of child abuse are reported each year in the United States; in approximately one third of those cases an investigation will show that abuse occurred. With more than 425,000 children in the U.S. foster care system according to Child Welfare Information Gateway, providing lawyers to help foster children navigate the proceedings is critical.

Florida received a failing grade in a national report card on states’ provision of attorneys for abused and neglected children in dependency cases, A Child’s Right to Counsel – A National Report Card on Legal Representation for Children. The state regards the appointment of an attorney for a child in dependency proceedings as discretionary.

For reporters planning to attend please contact Brandon Hensler, Nova Southeastern University Office of Public Affairs at 954-262-5385 or brandon.hensler@nova.edu by Wednesday, Feb. 8. Due to parking and security restrictions, reporters not registered in advance may be removed from campus.

For reporters who cannot attend the briefing or symposium, but would like to write about this topic please contact Maria.Gutierrez@Americanbar.org to arrange interviews with subject matter experts.

WHAT:
Legal Representation of Children in Dependency Cases Briefing and SymposiumCo-Sponsored by the ABA Section of Litigation Children’s Rights Litigation Committee & Nova Southeastern University’s Shepard Broad Law Center
Thursday Media Briefing 3 p.m. Reporters will be able to ask questions during the briefing.

WHO:

Justice Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit and former Chief Justice of the Florida Supreme Court, will discuss the importance of having lawyers represent abused and neglected children in proceedings;
Frank P. Cervone, Executive Director of Child Advocates (pro bono program for abused and neglected children in Philadelphia), will give a national perspective on legal representation of children in cases of neglect and abuse.;
Alfreda Coward, executive director and co-founder, One Voice Children’s Law Center, (Ft. Lauderdale) will talk specifically about Florida’s perspective in cases of neglect and abuse. .
Ron Marmer, Jenner and Block, Chair, ABA Section of Litigation

Former foster youth will present three minute prepared statements about their experiences in foster care without legal representation. The youth are over 18 years old. Witnesses include one girl who recently aged out of foster care with no permanent adult connections and a boy who went into care at age 5 and was eventually adopted. They will take questions after their statements.

Friday Symposium: ABA Model Act Governing the Representation of Children in Abuse, Neglect and Dependency Proceedings – Improving Outcomes for Children 8 a.m. – 4:30 p.m.

Experts include:

Justice Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit and former Chief Justice of the Florida Supreme Court;
Justice Barbara J. Pariente, Florida Supreme Court; (“Perspectives of a Supreme Court Justice on Children in Court: Hear Their Voices” 12:45 – 1 p.m.)
Angela Vigil, partner/director of Pro Bono and Community Service North America, Baker & McKenzie.

WHERE:
Nova Southeastern University
Shepard Broad Law Center
Faculty Terrace- Second Floor
3305 College Ave.
Fort Lauderdale- Davie, FL 33314

- 30 -

New Product Increases Safety for Little Leaguers

Thu, 02 Feb 2012 08:12:00 +0000

A Ridgefield, CT start-up today introduced Protect on Deck (POD) for youth baseball leagues. POD is designed to increase safety for teammates, coaches, and spectators while a youth player is swinging a bat during practice and warm-up situations.

RIDGEFIELD, CT, February 02, 2012 /24-7PressRelease/ -- See Squared Concepts, LLC, a Ridgefield, CT start-up, announced today the launch of their new product: Protect on Deck (POD). POD is designed to increase safety for teammates, coaches, and spectators while a youth baseball or softball player is swinging a bat during practice and warm-up situations.

"As a child I was struck in the face by a teammate who was practicing to swing while on deck. I fractured my eye socket, sustained a concussion, and never played baseball again. I created POD so other kids won't have to suffer the trauma that I did," said Chris Berzolla, Greenwich, CT resident, inventor of POD and partner in See Squared Concepts, LLC.

In fact, according to the US Consumer Product Safety Commission's National Electronic Injury Surveillance System estimates, thousands of children each year sustain serious injuries from accidentally being struck by a bat. Injuries involving a bat and requiring a hospital visit range from upper body contusions to face lacerations and concussions.

POD provides a clearly delineated area, enveloping the practicing player and significantly reducing the chance of another player, spectator or coach from entering the swing area and sustaining a serious injury.

"Despite many youth baseball league's policies and best efforts to ban practice swings off the field, all too often you will see a child swinging the bat next to the bench," said Chris Gaydos, Ridgefield resident and partner in See Squared Concepts, LLC. "With the POD, kids have a place to practice their swing before they get to the plate with little fear of clocking a teammate or passerby."

PODs can be setup in only 2 minutes, and fit directly to any fence or backstop, making it easy to use in both games and practices.

Protect on Deck is also designed to display a 6 foot by 2 foot vinyl banner that youth baseball leagues can use to sell sponsorships to help offset league costs.

To learn more and buy a POD for your local league go to www.protectondeck.com.

---

Press release service and press release distribution provided by http://www.24-7pressrelease.com