Tag Archives: IP

The Intersection of IP and Technology

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Registered Patent Attorney Greg Popowitz recently filmed a CLE focused on Understanding Intellectual Property (IP) and Attorneys’ use of Technology.  Greg discussed the important distinctions between patents, trademarks, copyrights, and trade secrets, along with the key considerations when attempting to secure protection for your IP.

The second part of the course is directed at what attorneys should look out for as they use technology. Greg discusses attorneys using efiling, the need to redact sensitive information, ediscovery, social media and websites, and cloud computing (confidentiality). The CLE goes over relevant portions of the Florida Rules of Civil Procedure and Florida Rules of Judicial Administration.

To learn more about the CLE and what CLE credits are available in your state, please visit the National Academy of Continuing Legal Education (NACLE) here.  NACLE is seeking technology credit in Florida as the new technology CLE requirement starts January 1 2017.

For any questions about patents, trademarks, and copyrights, or IP generally, please contact Greg Popowitz below.

Greg M. Popowitz, Esq.

Registered Patent Attorney

AV Rated by Martindale-Hubbell

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

Email: GMP@assoulineberlowe.com

http://www.assoulineberlowe.com/

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Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

 

 

 

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Learn How to Protect Your Clients’ Valuable Intellectual Property

Assouline & Berlowe

Assouline & Berlowe patent attorneys Peter Koziol and Greg Popowitz will be speaking at a webinar focusing on Intellectual Property for the Non-IP Attorney.  The Pincus Professional Education webinar will take place on August 06, 2015 at 3 p.m. EST

To view the full announcement and register for the event, click here.

An overview of the Intellectual Property Topics that will be discussed are highlighted below.

IP is a complicated area, even for IP attorneys. For the rest of us, the nitty gritty rules are sometimes a mystery.  Listen in on this IP for the Non-IP attorney webinar so you can understand how to best protect your client and their assets. You will learn:

Origins of Intellectual Property (IP) in the United States and Internationally

  • The USPTO is part of the U.S. Department of Commerce (Patents and Trademarks)
  • WIPO covers International IP rights
How a non-IP lawyer can identify IP to Protect their Clients and Generate Value for the Business (Emphasis on Patents)
  • Patents (patent process, patentability opinions, freedom to operate opinions; limited time)
    • Design, Utility, Plant Patents
  • Trademarks (common law, state, federal rights; rights continue with use)
    • Strategy of using intent to use application vs. actual use application
  • Copyrights, and
  • Trade Secrets
What Does IP Protection Provide?
  • IP creates value to the business (it is an asset owned by the business)
  • Protects inventions, brands, etc. of the business, which can provide a marketing and sales edge over competitors
  • Patents – generate new business opportunities since a patent gives you an exclusive right
  • Licensing and sales opportunities
  • Access to Financing
  • Leverage in Litigation (damage calculations and discovery access)
  • Leverage in Business (assets and monopoly like rights)
How to Secure International Protection
  • Work with international: IP counsel, companies and connections, and markets
  • Patent Cooperation Treaty (PCT)
  • Madrid Protocol (trademarks)
  • Industrial Designs Treaty
  • Berne Convention
General Considerations for IP
  • Coordinate with transactional and litigation counsel, insurance providers, venture capital, and tax counsel
  • Bankruptcy and creditor rights impact
  • Receiver/trustee
  • Estate planning
Common Mistakes and Misconceptions
  • Poor man’s copyright
  • Statutory Bar Date (Loss of Rights)
    • Public Use/Disclosure (trade shows, publications, offers to sell)
    • Social Media Posts
  • Non-Disclosure Agreements
  • Priority of Use

For questions about the webinar or any Intellectual Property matters, contact Peter Koziol or Greg Popowitz below.

ASSOULINE & BERLOWE, P.A.

213 East Sheridan Street, Suite 3

Dania Beach, Florida  33004

Main: 954.929.1899

Fax: 954.922.6662

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

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The Boca Raton office of Assouline & Berlowe has moved!

Assouline & Berlowe’s Boca Raton, Florida office has recently moved to 1801 N. Military Trail (Suite 160), Boca Raton, Florida 33431.  Our Boca Raton office includes Partner Peter Koziol, head of the Intellectual Property Litigation practice, and Partner Ellen Leibovitch, Florida Board Certified and head of the Labor & Employment Law practice.

Mr. Koziol frequently counsels clients regarding their intellectual property needs.  Whether you need advice on protecting your inventions and intellectual property, or if you have recently been sued for infringement, Mr. Koziol is well versed to assess the situation and recommend the best course of action.  In today’s legal climate, patent assertion entities, or patent trolls as they are commonly referred to, are actively enforcing their IP portfolio against alleged infringers.  If you or your company need help defending an infringement lawsuit, contact Peter Koziol.

Ms. Leibovitch focuses her law practice on labor and employment counseling and litigation, in addition to commercial and business litigation.  If you are starting a new position and need an attorney to draft or review an employment agreement, call Ellen Leibovitch to make sure your rights are protected.  Or, if your company is setting up or modifying internal employee handbooks, non-compete agreements, or other employee-related agreements, Ellen can provide you the appropriate counseling to ensure applicable state and federal laws are followed.

Again, please remember that our Boca Raton office has changed physical location, but all our other contact information remains the same.

For more information on your business needs, call the attorneys at ASSOULINE & BERLOWE – The BUSINESS LAW Firm

http://www.assoulineberlowe.com

Miami (305) 567-5576

Ft. Lauderdale (954) 929-1899

Boca Raton (561) 361-6566

ASSOULINE & BERLOWE, P.A.

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

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Partner Peter Koziol has Russian Patent/Copyright Infringement Case Dismissed

Patent Software Copyright

Internal Circuitry

Assouline & Berlowe, P.A. Partner and Patent Attorney Peter Koziol was featured in an article on the front page of the Daily Business Review entitled “Justice Watch:  A New Frontier in IP Law.”  Mr. Koziol discussed a recent dismissal for his client, Passcovery Co. Ltd., regarding alleged patent infringement and copyright infringement.

In 2013, Elcomsoft sued: a programmer;  a rival Russian password security company; and, that rival company’s Director General in the United States for violating the copyright law (under provisions of the U.S. DMCA) and alleged violations of its 2010 and 2011 GPU password hacking patents.

According to pleadings in the case, one of the original programmers for Elcomsoft, Ivan Golubev, broke his ties with Elcomsoft around 2010 and began working with long time rival Russian password recovery company Passcovery Co. Ltd.  According to the record, Passcovery is owned by Denis Gladysh who had also been making competing password recovery software under the Accentsoft brand since at least as early as 1999.

In its Complaint, Elcomsoft claimed that Golubev violated an employment agreement with it in Russia, and stole its ideas and infringed its U.S. Patent when he began working with Passcovery.  However, in support of a motion to dismiss Golubev, Passcovery, Co. Ltd. and Passcovery owner Denis Gladysh denied any wrong doing, said the GPU password hacking was obvious, made it clear that they contended that Elcomsoft forged the employment agreement, and showed that they have no significant ties to the United States. Golubev did not deny that he authored Elcomsoft’s software, but stated in a sworn declaration that the Employment Agreement that Elcomsoft says transfers the rights to the software to  is a fraud.

After reviewing the pleadings and the argument presented by both sides the Federal Court Judge dismissed the case against Passcovery, Golubev and Gladysh on the federal common law doctrine of forum non conveniens.

In her 11 page opinion, the Judge said it was unnecessary to decide whether or not there was any violation of U.S. law or if the Court had jurisdiction over the parties, because all the parties reside in Russia and that there was no evidence that  there was not an adequate remedy to use the Russian Courts.  She found that to take jurisdiction of the case would be inconvenient for the parties, the court, and the U.S. jurors.  Consequently, she declined assuming jurisdiction, and judgment was entered to dismiss the case.

Although the case was filed in the “Rocket Docket” of the Eastern District of Virginia, Peter A. Koziol, Esq. of South Florida firm Assouline & Berlowe defended the case on behalf of the defendants. Mr. Koziol is an internationally recognized Boca Raton based patent attorney that has served as special trial counsel pro hac vice in many international matters and for cases filed in Virginia, Delaware, New Jersey, California and Kansas.  Ccontact Peter below for any Intellectual Property matters.

Partner Peter A. Koziol

Registered Patent Attorney

Intellectual Property Litigation

ASSOULINE & BERLOWE, P.A.

2700 N. Military Trail, Suite 150

Boca Raton, Florida  33431

Main: 561.361.6566

Fax: 561.3616466

Email: PAK@assoulineberlowe.com

http://www.assoulineberlowe.com/

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law

Miami • Ft. Lauderdale • Boca Raton

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HAPPY WORLD IP DAY!

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Happy World Intellectual Property Day – 2013

Assouline & Berlowe is hard at work building its intellectual property department.  The firm now has three patent attorneys and handles all forms of IP issues.  Join us in celebrating World IP Day.

Every year, on April 26, 2013, the world celebrates World IP Day.  The theme of the World Intellectual Property Organization for 2013 is Creativity: the next generation.According to the WIPO website (www.wipo.int):

What is the shape of things to come?

From the weather to the markets to the next big thing in technology or the arts, we all want to know how the world will look tomorrow.

Predicting the future is an uncertain endeavor at best, but that doesn’t keep us from trying. And with ever greater access to information, instant communication, new forms of collaboration and crowd-sourcing, our predictions are becoming more frequent, more outrageous, and more accurate.

We know, for example, that cars will soon drive themselves. That our sight and speech – eventually our brains – will interact more directly with, and effectively control, our computers. Which will in turn become much smaller and be worn on – or inside – our bodies. This will all have a profound effect on how we live – how we think, how we work, how we learn, heal, enjoy.

What used to be science fiction is now fact. But what’s next? What is the future beyond the future? What disruptive technology is now just an idea bouncing around a young engineer’s mind? Who will create the next online sensation that again changes how we talk to each other? What new music will emerge from a garage somewhere to rock the world’s dance floors or unnerve the academy? Who are tomorrow’s great artists and innovators? How are they working; how do they create? And how will they get their creations to market in a world where the game changes, almost daily?

The future? Ask the next generation.

Join in

More Information on World IP Day, go to the the wipo.int cite.

Sincerely,

Eric N. Assouline, Esq.

Litigation Partner
Assouline & Berlowe, P.A.

For additional information:

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566

ERIC N. ASSOULINE, ESQ.

ASSOULINE & BERLOWE, P.A.

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

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Eric N. Assouline
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