Zelner, David Joel

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(561) 625-6575Call Visit WebsiteVisit Website Map & DirectionsDirections2855 Pga BlvdPalm Beach Gardens, FL 33410 Write a ReviewWrite Review

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Other Link: http://mchaleslavin.com
Categories: Tax Attorneys, Attorneys, Business Law Attorneys, Criminal Law Attorneys, General Practice Attorneys, Patent, Trademark & Copyright Law Attorneys

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Phone: (561) 625-6575

Address: 2855 Pga Blvd, Palm Beach Gardens, FL 33410

Website: http://mchaleslavin.com

Zelner, David Joel

Criminal Law

Theft

Business and Corporate Law

Trade Secrets
Trade secret protection focuses on the nature and character of information and the precautions taken to ensure its protection, rather than the form in which it exists. Unlike other forms of intellectual property, virtually any subject matter of information can be a trade secret, as long as it is kept secret according to the general standards required for trade secret protection. Though trade secret owners are required to take affirmative steps to safeguard their proprietary information, the reasonableness of one’s protective measures is considered in light of the particular circumstances. Every trade secret owner should tailor its measures to its needs and abilities.
Intellectual Property
McHale & Slavin has an experienced staff of professionals, many of whom have scientific and engineering degrees in addition to their intellectual property law backgrounds. Our professionals include attorneys with private sector engineering and research experience, and skilled federal litigators. The firm has a dedicated staff of paralegals, legal assistants and other administrative personnel to assist with the myriad of support functions.
Unfair Competition
Our firm’s intellectual property lawyers are experienced in handling these matters both through transactional work and litigation. We are skilled at both protecting clients’ intellectual assets and in defending unjust assertions of unfair competition. Contact us for additional information or to schedule a consultation.
Antitrust

Trusts and Estates

Power of Attorney
If you are not yet a client with this firm but have active trademark registrations that need monitoring for critical filing deadlines, we will be pleased to monitor your company’s trademark portfolio. Our fees are typically standard fixed-fees; in this case we charge $200 to take over each existing registration. This fee includes the preparation and filing of the Power of Attorney appointing McHale & Slavin, P.A. attorney of record with the US Trademark Office, and for the entry of the registrations in our critical dates database for continued monitoring services for your IP needs. We do not charge any fee for correspondence reminders concerning critical filing dates pertaining to your registrations.

Finance Law

Tax Law
McHale & Slavin’s familiarity with internet businesses and software patents has enabled us to advise clients as to the best methods of protecting their innovative business methods. We advise our clients on how to obtain the broadest possible protection for their novel business methods under the current rules and policies of the U.S. Patent Office governing examination and issuance of business method patents. We also keep abreast of the policy changes and federal court decisions in this area to ensure that our client’s novel ideas receive the broadest and best possible protection. Patents on methods of doing business were allowed in the aftermath of State Street Bank & Trust Co. v. Signature Financial Group, 149 F.3d 1368 (Fed. Cir. 1998). That ruling opened the door to patents for novel methods of doing business for services that were otherwise denied patent protection – such as arbitration, tax-planning, legal counseling, charity fundraising, and even novel-writing. In the case of In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), the Court of Appeals for the Federal Circuit (CAFC) ruled that the Bilski patent (method of hedging risks in commodity trading) did not fall within the subject matter of patentable material and reached this decision based on the so called machine or transformation test. The case was eventually addressed by the United States Supreme Court. Although the Supreme Court affirmed the CAFC’s decision, it reached its decision based on different grounds, holding that the Bilski patent was an abstract idea and therefore not patentable subject matter. More importantly, it refused to categorically exclude business patents from potentially obtaining patent protection under U.S. Patent Laws. As it has done in previous patent cases, the Supreme Court rejected the Court of Appeal’s use of a bright line test. As discussed in the Supreme Court’s opinion, the machine or transformation test maybe a useful tool, however, it should not be the sole test for determining patent eligibility. Accordingly, inventors should apply for business method protection as long as such inventions are not merely abstract ideas and are in compliance with other aspects of patent law (new, non-obviousness and useful).

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