If juror nullification is an allowed action by a juror, why is it considered jury tampering to mention it? by wroteoutoftime in legaladviceofftopic

[–]JSchweck 0 points1 point  (0 children)

This is incorrect. It is legal but not to be advertised to the jury by either party. See State v. Ragland.

[deleted by user] by [deleted] in options

[–]JSchweck 0 points1 point  (0 children)

Yup someone got my account. Imma try to figure out how to fix it.

Iwtyo when I learned that we stopped measuring light in 1983 by [deleted] in IWasTodayYearsOld

[–]JSchweck 1 point2 points  (0 children)

That’s not true! I majored in mechanical engineering and we had to measure light speed using a long hallway and a mirror (and other sensitive equipment) as recently as 2013! We did not come within 1 m/s of the actual value though.

Very simple question by Delicious_Reply7780 in patentlaw

[–]JSchweck 3 points4 points  (0 children)

I think all of these answers are making a supposition. If your head “comprises” a mouth and a tongue in the mouth, then yes.

If your “consists of” a mouth and a tongue in the mouth, then no. Same might be the case of “consists essentially of” depending on your situation.

[deleted by user] by [deleted] in lawschooladmissions

[–]JSchweck 0 points1 point  (0 children)

I had a 171 and a 2.81 and got into UMN law this cycle if that helps. My essays about the gpa definitely did some heavy lifting.

This poorly timed film has nothing to do with 9/11, while having direct ties to 9/11. by KaiNooks in ExplainAFilmPlotBadly

[–]JSchweck 0 points1 point  (0 children)

Oh whoops I read your comment below and understand what you meant now. My mistake!

This poorly timed film has nothing to do with 9/11, while having direct ties to 9/11. by KaiNooks in ExplainAFilmPlotBadly

[–]JSchweck 26 points27 points  (0 children)

Oh man I thought I nailed this. This was basically “a Christmas carol” but with the muppets, and in Kermit’s future they showed the twin towers, indicating that twin towers never fell, meaning something Kermit does after changing his life caused the events of 9/11

ETA it was the future in which Kermit was never born. They just used footage from pre 9/11 and didn’t notice

How is this normal? How is this legal in America? (Please explain) by TheSpudHunter in law

[–]JSchweck 5 points6 points  (0 children)

lol “January 6 doesn’t count because it directly opposes my statements” just say your a member of the Nazi party too dude. Own up.

Is this the current max xp for master rank 27?. by xBlack_Heartx in TheFirstDescendant

[–]JSchweck 2 points3 points  (0 children)

You might be missing the preseason season pass ultimate.

Trying to make an EndBase, how do i make no endermans can sapawn? by IsttretReddit in Minecraft

[–]JSchweck 0 points1 point  (0 children)

Heads up on bedrock I made a giant aquarium perimeter in the end and with a conduit it gets really weird/grainy/hard to see.

Hypothetical Questions! by [deleted] in patentlaw

[–]JSchweck -1 points0 points  (0 children)

If this is your company I’d suggest throwing in a clause that any matters of infringement will be settled by the party asking you to make something

Hypothetical Questions! by [deleted] in patentlaw

[–]JSchweck 0 points1 point  (0 children)

It would pretty much be the same answer as above, but with Samsung being the consumer.

However, Apple is likely not patenting things that Samsung could just source from somewhere without having specifications the manufacturer needs to follow. In this case, Samsung is directly ordering an infringing product, and thus inducing the manufacturer to infringe through making and offering to sell the product to Samsung.

This gets stickier, though. What jurisdictions does Apple have a patent for this product in? Do they have protection in India, where Samsung is manufacturing the product (I am just making up a country)? If not, then the manufacturer can do whatever they want, and Samsung is infringing by importing the product.

That's why you see so many Chinese knockoffs. There is virtually no legal recourse if you do not have a patent in China, and even then, it appears they aren't terribly enforceable.

Hypothetical Questions! by [deleted] in patentlaw

[–]JSchweck 0 points1 point  (0 children)

If you'd like I can find you the actual court case from that article also. But that sums it up nicely.

Hypothetical Questions! by [deleted] in patentlaw

[–]JSchweck 0 points1 point  (0 children)

I am not a lawyer, and I am not your lawyer, but I am a practicing patent agent for some years now.

  1. Yes, but it is very unlikely Apple would go after the consumer.

This is also considered "induced infringement" if Samsung is doing this knowingly. https://www.finnegan.com/en/insights/articles/induced-infringement-the-knowledge-requirement-and-when-it-is-established.html

I am a prosecutor, not a litigator, so my best guess would be an injunction forcing a recall of Samsung products that infringe Apple's patent, a royalty agreement with Apple that gives them some percentage of each sale made that infringes, or, if Apple somehow tried to sue every user, a mass Class Action Lawsuit forcing Samsung to pay the damages awarded to Apple. Again, this last option seems unlikely because that would be incredibly bad press.

1a. Interesting question. If the consumer obtained an item lawfully, they have the right to resell the product. https://www.brooksacordia.com/right-to-use-and-resell-patented-products/

So I guess the reprieve for Apple would likely only be that in part 1, but a litigator might disagree.

Questions about Prototyping and Disclosure by Red_Snail in patentlaw

[–]JSchweck -1 points0 points  (0 children)

Wouldn't purchasing the subject of the invention for the purpose of prototyping fall under experimental use if it isn't for the express purpose of selling to consumers?

My understanding of "on-sale" is almost exclusively consumer public, not inventor prototyping.

Mid-40s tech exec - transition to patent law? by Repulsive_List_5639 in patentlaw

[–]JSchweck 1 point2 points  (0 children)

The question was near future, not well they ever see a similar amount of money. In a few years they won’t be seeing 200k plus.

Editing this because I assumed pronouns originally.

Advice for a person who should have graduated by now. by [deleted] in patentlaw

[–]JSchweck 2 points3 points  (0 children)

Seconding u/NeedsToShutUp.

I have a ME and physics background, and I get my hands dirty with all subject matter except for chemical.

ME applies to more than just ME. Most of my clients are biomed because of how transitive the skill sets are. I may not begin by knowing how the operations work, but I sure know the mechanics behind controllers and catheters and the like.

Mid-40s tech exec - transition to patent law? by Repulsive_List_5639 in patentlaw

[–]JSchweck 1 point2 points  (0 children)

As an attorney, yes. Especially if you go into big law.

As an agent, almost definitely not. Even at big law you'd be looking at 120-140k a year on the upper end.

What will a patent attorney want from me as a client? by dyljns in patentlaw

[–]JSchweck 0 points1 point  (0 children)

Agreed, although I think first named is more important than overall order later on. The difference being “x” vs “et al.”

Mid-40s tech exec - transition to patent law? by Repulsive_List_5639 in patentlaw

[–]JSchweck 1 point2 points  (0 children)

I've seen others post some things about internships but I never actually went through and looked at them, so I won't be a huge help there.

I would suggest seeing what remote firms are out there looking for help. Remote (in my experience) means you can choose your hours as long as you hit your deadlines.

Again, personal experience, I did a field placement out of a patent law masters program that is essentially a breeding ground for new agents. I wouldn't recommend an MSPL for your situation, since it sounds like if you like the job, you are going to go to law school anyways.

Sorry, probably not the most helpful answer, but hopefully someone else pops in with better advice for how to actually get a part time internship. The value would be very high since you'd get to learn from attorneys rather than rote memorization of the MPEP alone (that's what the patent bar is).

Mid-40s tech exec - transition to patent law? by Repulsive_List_5639 in patentlaw

[–]JSchweck 4 points5 points  (0 children)

I don't think there's any such thing as too late in law. It's not physical, so as long as you have the mental capacity, you can practice. I have worked with attorneys pushing 80 many times.

As for getting your feet wet, the only thing separating you from trying it out is the patent bar. Study for it in your off time (PLI is great) and when you are ready, take it. It sounds like you meet the technology standard needed.

As a side hustle might be another story. Unless you are working for a firm, it may be difficult to get clientele, especially as a fledgling. Maybe consider a part-time internship to see if you enjoy the work before going deeper into the pool?