...ENTRY OF GOODS 2. Entry Process When a shipment reaches the United States, the importer of record (i.e., the owner, purchaser, or licensed customs broker designated by the owner, purchaser, or consignee) will file entry documents for the goods with the port director at the goods' port of entry. Imported goods are not legally entered until after the shipment has arrived within the port of entry, delivery of the merchandise has been authorized by CBP, and estimated duties have been paid. It is the importer of record's responsibility to arrange for examination and release of the goods. Pursuant to 19 U.S.C. 1484, the importer of record must use reasonable care in making entry. NOTE : In addition to contacting CBP, importers should contact other agencies when questions arise about particular commodities. For example, questions about products regulated by the Food and Drug Administration should be forwarded to the nearest FDA district office (check local phone book under U.S. government listings) or to the Import Division, FDA Headquarters, 301.443.6553. The sa me is true for alcohol, tobacco, firearms, wildlife products (furs, skins, shells), motor vehicles, and other products and merchandise regulated by the other federal agencies for which CBP enforces entry laws. Appropriate agencies are identified on page 197. Addresses and phone numbers for these agencies are listed in the appendix. Goods may be entered for consumption, entered for warehouse...
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...Running Head: MIRROR WORLDS VERSUS APPLE, INC. 1 Mirror Worlds versus Apple, Inc. Willful Infringement MIRROR WORLDS VERSUS APPLE, INC. 2 ABSTRACT This paper will discuss the lawsuit filed by Mirror Worlds LLC against Apple, Inc. for infringement of four patents owned by Mirror Worlds. Mirror Worlds’ patents cover intellectual property; namely that of digital and visual media and the consolidation and sorting thereof. The jury’s verdict in this case awarded Mirror Worlds a substantial amount of money for damages caused by the supposed willful infringement of Apple, Inc. In addition, Apple, Inc.’s arguments, namely involving the claim of willful infringement, evolving into a counterclaim against Mirror Worlds will also be discussed. Keywords: intellectual property, patents, infringement, software, documents, counterclaim, willful infringement MIRROR WORLDS VERSUS APPLE, INC. 3 Mirror Worlds versus Apple, Inc. Willful Infringement In February of 2010, the United States Patent and Trademark Office, USPTO, granted Apple Inc. a design patent on Cover Flow, which covers the design and display of specific documents, but not the functionality. “A patent is a legal right, for a limited term, to exclude others from using, selling or making an invention or discovery.” (Kay, Millonzi and Passannante, 2001). Patent D609715 regards an “animated graphical user interface for a display screen or portion thereof. The process or period in which an image transitions to...
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...Performance Review To: Public Defender From: Assistant Public Defender Date: November 23, 2010 ------------------------------------------------- Re: Personal Performance Review, August 2009 to present Congratulations on your recent landslide election win. I enjoyed working for Mr. Job’s office and I look forward to serving you as the newly elected Public Defender. Since leaving the State Attorney’s Office to further my career as a defense attorney, I zealously advocated for every one of my clients at every stage of representation. As you move forward, you will need attorneys to fill key positions in your organization. I will discuss in detail my key accomplishments that make me a perfect candidate for one of these positions. Trials Since starting at the Public Defender’s office in August I have focused on trials. In a little over three months I conducted seven jury trials. As you know, this is well above average for the office. The average Assistant Public Defender in this circuit averages one trial per quarter. My trial performance is exceptional in another respect, each of these seven trials resulted in a not guilty jury verdict. I obtained diverse trial experience as the charges at each trial were different. I defended against resisting arrest, fraud and theft, driving crimes, as well as violent crimes. The defenses presented at trial were also varied, from an alibi defense, to an identification defense and to just pulling a rabbit out of the hat....
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...contact information of some 70 million people was compromised. These recent hackings “compromised the privacy and security of millions of consumers… (and the ensuing) erosion of consumers’ confidence, with data breaches on the rise affecting retailers, Internet companies and others, could hinder the U.S. economy’s recovery,” said Sen. Patrick Leahy (D-VT), the chairman of the panel of the Senate Judiciary Committee hearing testimony from the Target and Neiman Marcus officials. Unfortunately for this situation, the primary legal tool against cyber criminals is the Computer Fraud and Abuse Act, which “mainly prohibits unauthorized access to a computer – a limited and increasingly outdated legal standard,” said Seattle U.S. Attorney and chair of the Attorney Generals cyber-crime enforcement advisory panel Jenny Durkin. As of now, there is no clear federal cybersecurity standard that dictates when or how customers must be informed in the event of a breach, and it is this that bothers me the most about this article. Yes, Congress is working on new legislation that would supposedly strengthen security protections for customers but is this really enough? The general...
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...found in her burning home. Medical examiner determined that the victim was stabbed a minimum of 211 times before being decapitated and set on fire. Issues Defense for McLaughlin is arguing that the defendant is not guilty because of serious mental disease or defect. Defendant was found competent to stand trial, despite defense attorney’s stating she was not competent. “Under Alabama law the defendant's attorneys have to prove to a judge or a jury that she is not able to assist in her own defense and does not have a "reasonable degree of rational understanding" of the facts and the court proceeding” (Lawson, 2012, para. three). Decision The decision from the jury was the Kimberly McLaughlin was sentenced to life in prison for the murder of her mother in 2009 and found not guilty of arson charges that were filed along with the murder charges by Madison County. Reasoning The jury stated that the defense could not prove that the defendant was mentally ill or had mental defect. Opinion I have to disagree with the jury’s verdict on one side on the other the defense attorney should have worked harder to prove that the defendant suffered from mental illness. US v. Blagojevich Facts Rod Blagojevich was being charged on criminal charges. Rod Blagojevich was charged with trying to sell President Obama’s Senate seat one day after it opened. Phone taps and email records revealed that Blagojevich was heard attempting to sell above said seat. Found guilty on 10 charges of wire...
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...University of Phoenix Material Ethical Worksheet Sample Incident Review 1. What is the ethical issue or problem? Identify the issue succinctly. The moral agent is a criminal defense attorney. The attorney knows of another criminal defense attorney who is an alcoholic and ignores his client obligations. What should the moral agent do? 2. What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important potential economic, social, or political pressures, and exclude inconsequential facts. The attorney often appears in court intoxicated. He ignores his cases and does not file appropriate motions before deadlines expire. His clients, who are court-appointed, usually end up with convictions and heavy sentences due to his incompetence. In trial, he is unprepared and unprofessional. Defendants have complained. Defense attorneys, prosecutors, and judges are aware of his incompetence and have done nothing. The attorney’s disbarment would likely cause drastic economic consequences for the attorney. If the moral agent is responsible for his disbarment, the moral agent may face the social stigma and pressure of being labeled a snitch. With emphasis on stiffer penalties for defendants, there is political pressure to ignore the situation, as only alleged criminals are affected by his incompetence. 3. Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the...
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...Program Design Plan 1. Program Name |Word for Legal Administrative Assistants | 2. Program objective: | |Conditions: | | |Training room with computers, a projector, and a laptop | | | | | |Performance: | | |Use Word to type up legal briefs | | |Criteria: | | |Type up legal briefs using tool in Word | | | | | | | 3. List prerequisite skills...
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...Okay, let’s dive in! Let’s talk about patent infringement. Because the absolute best way to understand a patent…your rights with a patent…your competitors’ rights with a patent…the strength of a patent. The best way to understand a patent is to understand how a patent is infringed. So, we know the power of the patent is in the claims. This is where the inventor defines his or her patent rights; his or her ENFORCEMENT rights. So, let’s try to infringe some claims. We’ll use a simple example. Let’s imagine we can get a patent on anything. Let’s get a patent on a basic chair. Imagine a world without chairs…pretty scary…all we can do is sit on rocks. Not comfortable. Hard to move around. So, we invent the first chair. And we know we’re on to something. Everyone will want to buy this. So, we go to a patent lawyer and get a patent. Here is the claim. (Visually display the elements) • An apparatus for sitting comprised of • a seat, • a back, and • four legs. All of these elements make up one independent claim. And this would be a great claim. It would come at the end of a patent document which could be a few or even dozens of pages of text and drawings describing how to make it and how to use it. (Patent visual running through page after page of drawings then text…then narrow in on a claim). What can we do with this patent… with this claim? Well, first, in our scenario, let’s pick a country. We need to do that because each patent is only...
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... | |Comparison and Contrast of Prosecutors and Defense Attorneys | |[Comparison and Contrast] | | | | |January 27,2013 | |In this paper I am discussing the differences of a Defense Attorney and a Prosecutor | In the court system there are two types of attorneys, the defense attorneys and the prosecutors. The defense attorney is there to prove their client is innocent while the prosecutor is there to make sure that the defendant is found guilty of the charges that he is facing. While the defense attorney is trying to prove the innocence of their client the attorney or attorneys must find errors in a case to try and get a mistrial or try and build up evidence that the defendant was nowhere near the crime at the time it was committed...
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...In reading part two of the text, we see that the parent company is attempting to ratchet up the pressure on the plaintiffs’ attorneys in an attempt to thwart their case. Pittston’s attorneys attempt to deny access to their insurance documents, which later in the case shows that the insurance company had reservations about covering possible liability for its’ Buffalo Creek Operations. Pittston’s attorneys the attempt the old “divide and conquer” move, where it pits two of the most labor intensive aspects of discovery (depositions both of the plaintiffs and Pittston execs). The deposition of the plaintiffs required actual depositions in one city and physical examinations/testing in another. These two simultaneous events were meant to divide the manpower of the plaintiffs’ attorneys, and through the rigors of the examinations/testing, demoralize the plaintiffs. This extremely cumbersome for the attorneys, it was also for the plaintiffs. However, in a stroke of good fortune, the judge awards the plaintiffs mileage and a stipend for food, etc…and orders Pittson to pay for their hotel rooms. In another stroke of good fortune, the depositions depict the horror and terror survivors felt during the disaster. Each successive deposition is more graphic than the next. This is as upsetting for the plaintiffs to recall, as it is for opposing counsel to hear and record. But, as a matter of official record, these horrific tales lend credence to the mental anguish claims, but also gives...
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...The Dispute of Century Apple Inc. v. Samsung Electronics Co., Ltd. was the first of many lawsuits between Apple and Samsung. Apple Inc. filed its patent infringement lawsuit in April 2011 and engaged legions of the country's highest-paid patent lawyers to demand $2.5 billion from its top smartphone competitor. Samsung Electronics Co. fired back with its own lawsuit seeking $399 million. By August 2011, Apple and Samsung were carrying out their legal battles in 19 ongoing lawsuits in 12 courts in nine countries on four continents; by October, the fight expanded to 10 countries, and by July 2012, the two companies were embroiled in more than 50 lawsuits around the globe with billions of dollars in damages claimed between them. The ultimate cost of these patent wars to consumers, shareholders, and investors is yet unknown, but it is increasing both business costs and product pricing. Some of the things that Apple claimed had been copied by Samsung are: the Galaxy line infringes the “Trade Dress” (which refers to design aspects that are non-essential to the function of a device) of the iPhone and iPad by using a rectangular design with rounded edges also the black borders around the Galaxy Tablet are very similar to those exhibited by the IPad; the use of small square app icons and the software used by Samsung were one of Apple's claims. I think Apple has a point with respect to software used by Samsung, but despite that does not seem to be anything more. The shape of the phone...
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...STATE v. BAUMAN 425 So.2d 32 (1982) STATE of Florida, Appellant, v. H. Lee BAUMAN, Appellee. No. 81-222. District Court of Appeal of Florida, Fourth District. December 8, 1982. Petition for Rehearing Granted February 2, 1983. Petition for Rehearing Denied February 2, 1983. Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant. Marc Cooper and Sharon L. Wolfe of Greene & Cooper, P.A., Miami, for appellee. Appellant's Petition for Rehearing Granted February 2, 1983. Appellee's Petition for Rehearing Denied February 2, 1983. GLICKSTEIN, Judge. The State appeals from an order granting appellee's sworn motion to dismiss and an unsworn motion to dismiss based upon alleged prosecutorial misconduct.1 We find the order erroneous; therefore, we reverse and remand. The amended information alleged that beginning on or about December 26, 1979, and continuing thereafter through on or about January 17, 1980, appellee and five others conspired to traffic in cocaine and cannabis. The sworn motion to dismiss conceded that the depositions of two of the undercover officers and one of the coconspirators reflect that appellee, a lawyer, discussed arrangements for the sale of sixty kilograms of cocaine to the officers for $3,000,000 and 20,000 pounds of marijuana for $500,000 in several meetings over a period of weeks. However, the sworn motion contends dismissal was compelled because of two reasons. First, it relies...
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...Attorney’s A prosecuting attorney has many ethical obligations however, for the purposes of this paper I will use three of them. Procedural justice is a step by step set of guidelines to ensure that every defendant is afforded his/her legally guaranteed representation. Sufficient evidence establishes the innocence, or guilt of a defendant. Special procedures exist to prevent, and rectify, if necessary, the conviction of an innocent individual. Defense attorneys’ have several ethical obligations to his/her clients however, for the purposes of this paper I will use three of them. Confidentiality is a paramount responsibility for a defense attorney because it guarantees to a defendant that the information he/she discloses to his/her attorney will not be disclosed in a manner that could jeopardize his/her innocence. Eliminating a conflict of interest or the appearance of any type of conflict is a legal responsibility that defense attorneys must ensure to his/her clients. Zealous representation is an ethical obligation that a defense attorney has to ensure he/she will represent the client with all legal means possible for the defense of his/her client. The difference between the obligations of a prosecuting attorney and a defense attorney lie within the interests of each group. A prosecuting attorney is responsible for monitoring procedural and substantive justice while representing the interest of his/her municipality. A defense attorney has a legal obligation...
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...Check Point Attorney-Confidentiality Attorney confidentiality is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential. This is very important because it allows the accused to tell their attorney everything in full disclosures without any penalty. The attorneys are then able to provide candid advice and effective representation. One major concern with attorney confidentiality is that the accused does not tell his or her attorney all the facts. An attorney cannot represent a client unless they understand everything behind the issue. The accused must understand that facts against him or her might be out there that could come up in the future and seriously damage their case. If clients could provide information without the assurance that it remains between them and the attorney, then they would keep the information to themselves. Many people believe without attorney confidentiality there would be a justice system based on who is the most skillful liar rather than a process for discovering the truth. Maintaining confidentiality has another major concern because there are new exceptions coming about to where confidentiality can be broken. For example, if a client had two attorneys, he is no longer associated with the first attorney, but the information that was given to the first lawyer in some cases could be ruled acceptable evidence in court. To me I think that is unfair because if you are not...
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...1. Resource: Appendix A, pp. 449–477 in Ch. 14 of Medical Insurance, and Microsoft® Help website 2. Refer to Ch. 14 of Medical Insurance and previous assignments from that chapter as a resource. Visit the Microsoft® Help link for assistance with questions related to creating a flow chart in Microsoft® Word at: http://support.microsoft.com/ 3. Create a flow chart using Microsoft® Word illustrating the five steps of the claims adjudication process from the time of initial processing through final payment. Include a brief 250- to 300-word explanation for the following: · Identify the purpose for each step in claim adjudication process. · Explain the relationship between each of the different steps. · Provide a one-sentence summary describing how claims adjudication is important to the medical billing process. The claims adjudication process has five steps. These steps are initial process, automated review, manual review, determination, and payment. In the initial process, problems such as the patient’s name, plan of service code, or the plan identification number may be wrong. The diagnosis code may be incorrect for the date of service or might be missing altogether, or it might be that a reported gender-specific code and the patient’s gender do not match up. Any claims that have mistaken are rejected. The provider is instructed by the payer to correct the errors and submit the claim again. The claim goes through the automated review after the initial...
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