Indiana real estate buyers - get it in writing.

        Indiana's court of appeals rendered a Crawfordsville pizza owner's land contract no good. The buyer and the seller did have a written contract. The pizza operator was to buy the real estate where it did business on contract. The written deal required payments to the seller for just under 3 years. After 3 years the buyer was to pay off the balance of the purchase price, what is called a balloon payment.

       The pizza operator did not make the final payment. He argued that there was an oral agreement to extend the loan. The seller disagreed. The court ruled that all land sale contracts AND any modifications to those contracts MUST be in writing. This according to Indiana's Statute of Frauds.

       Any real estate buyer, especially one getting financing from the seller, should demand that all negotiations be done in writing.

The case is Huber v. Hamilton (2015)

Always incorporate!

In a recent federal court case it became obvious that only an inventor's expressly made description of an invention is relied upon by the public. So, what if there are certain portions of the application that are not expressly used by the inventor as the application process proceeds?

In Dunnhumby, the inventor filed a first patent application. Then he filed a second patent application based on the first. He failed to expressly include the first in the second. Later, he sued for infringement of his software patent.

The inventor wanted his custom definition for the word "Query" from his first application to apply in his second. The court refused to do so, advising that the file information in the application's folder is "intrinsic" to the patent. Anything else is extrinsic and not something the public would have necessarily known.

To circumvent this, always include a specific incorporation by reference in any patent applications that are subsequent to a prior application for the same invention.

How many jurors will there be in my civil lawsuit?

A civil lawsuit is unlike a criminal case where the number of jurors varies depending on the type of crime being charged. For a civil case, in our great state of Indiana, you will be allowed 6 jurors. You and the other side can agree to fewer if you find it strategic to do so. Once either of you has requested that the case be tried before a jury (make that request right away in a lawsuit) the court will then proceed to appoint 6 members who live in the county to sit in on the trial. There may also be appointment of alternate jurors, usually 2. The alternate jurors are there to sit in if another juror gets sick or otherwise must leave the trial.

Specifically, the Indiana court rule pertaining to jurors says "In all civil cases, the jury shall consist of six (6) persons, unless the parties agree to a lesser number of jurors before the jury is selected." and "The number of alternate jurors shall be governed by Trial Rule 47(B)."

Good luck.

How do I start a Lawsuit?

In Indiana State courts, people can start a case without using a lawyer. This is called being "Pro se". One of the first questions of a pro se litigant is how they can start a lawsuit.

The first thing to do is be sure you know what it is you are suing for and who it is you are suing. Then you should put that information on paper the best you can, being as brief as possible while still laying out all of the important facts.

The courthouses will generally have a clerk inside. The clerk is in charge of managing the papers that become part of a lawsuit. So find the courthouse, and go see the clerk.

With the clerk you will bring at least 3 copies of your paper, which you can call a complaint, to the clerk. The clerk will file it and assign it a case number, which you should remember. Be sure to get a copy for yourself. The lawsuit is now started, though there is much left to do, you have taken the first step of starting a lawuit.

Oh, read the rules! They will tell you some things that you need to do with respect to your papers and filing them. Below is a link to the State of Indiana's trial rules. Read the local court's rules too, they can be found on the internet at each county's website usually.

http://www.in.gov/judiciary/2695.htm

 

Interesting Hoosier inventions (a watchband and a lighter)

One interesting invention for which a patent issued to a hoosier was for a watchband with a quick release. Now, if your watch gets caught on something instead of losing your wrist the band automatically releases and saves the hand. 

Another is for a lighter that's part of a cell phone cover. The lighter has more uses than just for smokers looking for a light I'm sure.

Options to safeguard inventions

Recenty Mike Razavi with the USPTO wrote to inventors about presenting your invention to the public, the article was entitled "Be Smart While Swimming with Sharks".  The advice given is sage.  

Inventors often pitch their inventions to investors, looking for a billionaire to take an interest and invest in their products.  Every day on television, at trade shows and conventions, in boardrooms, and on showroom floors, inventors make their sales pitches.

Successful inventors know the most important aspect of safeguarding their product or service.  Something that lets them tell the world with confidence that the invention is theirs because they have applied for or have been granted a patent.

Some inventors feel inclined towards secrecy, because “If I keep it a secret no one will be able to steal it.” That’s true; however, if you keep it too secret no one will ever know about it either. So what’s an inventor to do?

Protect your intellectual property! Independent inventors often first file for a Provisional Application for Patent. This is a cost-effective initial step towards securing patent protection. A provisional application establishes a “priority date”—a date that you can claim as the effective filing date when you later file a full, non-provisional application. A provisional application also provides a 12-month period to mark your invention as “patent pending,” which is a strong warning to would-be infringers. 

And yes, with a provisional application, you can also disclose your invention to others without losing the ability to get a patent later.

If you haven’t filed for a patent, should you get nondisclosure agreements from anyone who’s getting your product pitch? Nondisclosure agreements offer some protection and can be a way for you to safeguard your ideas and inventions. But if you’re going on television or showing your invention at a tradeshow, you’d have to have every single person who will see it sign an agreement. That means every person who watches television or every person who goes to the tradeshow. Obviously that’s impossible. Nondisclosure agreements can be useful tools, but not in all situations.

Whether you’re jumping into the tank for the first time or have already begun pitching your product, consider the available options to safeguard your inventions. Knowing that your intellectual property is protected while you pitch them will give you confidence and assurance that nobody can take advantage of you without risking strong legal consequences.