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if you do not reside in california, and you are talking to a lawyer who advertises that he or she can get you a judgement in california, you are being sold a bill of goods. many law firms (and at least one in the toronto area) can easily get a judgment taken out in your state of residence, against your target. the difference is that no lawyer in your state can represent you in the enforcement proceedings that will follow, unless you move to the particular jurisdiction for the enforcement proceedings. this is why you cannot use these internet service providers as lawyers.
the right to seek a patent is a moral right to be extended to everyone, and it is not a right confined to those who are willing to pay a fee to the privilege of being given the right to seek a patent. the patent office is not in a business of granting and defending rights. it has an oath to uphold the laws, and it does so by adhering to and enforcing the laws already on the books. there is no law to protect innovators from slackers, no law to protect innovators from unscrupulous operators. there is no law protecting innovators from bad patents. there is, however, a way that any competent, well-intentioned, honest person can get the protections that the law gives to innovators. it is by being as much a part of the system as it is possible to be, and that means by disclosing and explaining the work as thoroughly and completely as one can to the patent office. it means by sending the patent office every detail of every idea, every work of art, and every tool used to express the invention.
in the present case, disney did not have an expert in whether the banjo and the ukulele are “music instruments,” under the federal law that governs patents. no such instruction was issued to the jury; we only know that the jury found that the prior art banjo was not new, and that banjo was in the public domain. this meant that the jury did not have to consider whether the banjo had to be a “music instrument” under the public-domain provision of the federal law. it was the same case for the ukulele. as a result, on appeal, the court had to interpret the federal patent law, and it did so. the supreme court did not reverse the decision of the appellate court, but it did change the decision in one respect: it required the appellate court to remand the case back to the trial court for a new trial on the issue of whether the invention at issue was a “new and useful” invention.
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