Blog

“Love” in every bite?

Bimal Saraiya · October 5, 2017 ·

The Nashoba Brook Bakery lists “love” as an ingredient in their products. According to the Food and Drug Administration, that’s a no-no.

The Federal Food, Drug, and Cosmetic Act requires that every ingredient be listed by its “common or usual name.” Because “love” is not a common or usual name for an ingredient, it is counter to the Act. Or so says the FDA.

I’m not so sure. I’ve eaten some food where I’m positive I can taste the love. I can’t think of any more common or usual name for it.

Bimal has eaten lots of food he has fallen in love with. He’d also love to be a business attorney to a local bakery. If you own a bakery, please contact us to learn more about how we can help your business.

That’s not good

Bimal Saraiya · September 29, 2017 ·

Vol. 2 (Kids Edition)

Kids, kids, kids. Oh, those kids…

Run away!

I don’t have kids, but I’ve been around enough of them to know that you sometimes want to run away screaming. Normally, as a parent, you fight those urges. Not this mom.

I predict some very hefty legal bills in her future.

Mom, where’s my cone?!?!

Kids will put almost anything in their mouth. Hopefully, what goes in eventually comes out. Sometime, it takes 40 years.

In the end, it all worked itself out though, right?

The Parent Trap

If you have a kid, maybe Face ID is not the best way to secure their phone. Apparently, it’s not so good for users under 13. Especially if they have a twin. We all know what crazy high jinks twins can get into – now just imagine what they could do with a smart phone too!

Hope you’ve enjoyed this roundup up things that caught my eye this week. If you want to speak to an attorney about a legal issue or tell us a funny story, give us a call.

The Purdue Boilermakers are off this weekend. We’ll be spending the weekend watching some other excellent Big Ten football.

That’s not good

Bimal Saraiya · September 22, 2017 ·

Vol. 1 (Security Edition)

Seriously?

Popular security software CCleaner was infected with malware for nearly a month before a new, clean, version was release on September 12th. If you use CCleaner, please update to the newest version!

Really?

In what can only be a most predictable failure, a similar, but not quite the same, website was setup as a phishing site for possible victims of the Equifax breach. What’s worse is, they actually directed people to the malevolent site. They might want to read up on typosquatting.

You’re kidding, right?

Apparently, Experian will let you unfreeze your credit with just a few pieces of personal information. Unfortunately, this information is readily found online – I can personally attest to that.

Expect the unexpected

Bimal Saraiya · September 22, 2017 ·

A Professionally Drafted Contract Can Save You

In business, things rarely go as planned. It’s important to protect yourself against unexpected results or worst-case scenarios. One way you can do that is through the use of professionally drafted legal documents and contracts.

Don’t be surprised

Issues are especially likely to come up when only one side drafted the contract and the other side did not review it thoroughly. Sometimes contracts don’t take into account impossible situations. Sometimes events such as weather make the terms of the contract impractical. These are issues that can be avoided with proper forethought and planning.

You know where else unexpected things happen? College Football.

Since it’s a Friday during college football season, it’s incumbent on me to try and relate this post to college football.

So far this year, 7 (I think) games have been cancelled. That is certainly unexpected. While the safety of players, fans, and students are paramount, cancellations also bring financial difficulties for teams. Luckily, the contracts generally have clauses to account for such unusual situations.

That doesn’t help the team that was expecting a payout for playing the game that now has a budget shortfall. Likewise, that natural repercussion to the contract “out” could have been planned for or insured against.

There’s always an upset

By definition, an upset is unexpected. I have 2 favorite upsets, as well as an upset that almost crushed me to my soul.

In 1997, a Purdue team with a new coach that had gone just 3-8 the previous season, took on #12 Notre Dame at home. After opening the season the previous week with a loss against Toledo, Purdue shocked absolutely everyone by beating Notre Dame.

In 2009, an unranked Purdue team that had just lost 5 straight games, won against #7 Ohio State. This game became forever known as “Purdue Harbor.”

In 2004, the finally nationally respected Boilermakers were ranked #5 when they lost to #10 Wisconsin on a last minute fumble, amid chants of “over-rated.” This game was the only game I have ever been to as an alumni and it still haunts me. Sometimes, it makes me cry. All you have to say to any Purdue faithful of a certain age is, “The Fumble,” and you will reduce them to tears.

Not all unexpected events at college involve football

This week, BYU started selling drinks with caffeine. That definitely surprised me.

Another upset in the making?

This week, Purdue takes on #8 Michigan at home. Will the newly resurgent Boilers take them down, a la Notre Dame in 1997? Is the 10th anniversary of Michigan’s surprise loss to Appalachian State a harbinger of things to come? I’m not willing to put money on the upset, but I can hope. Boiler Up!

If you need business contracts drafted or reviewed, contact us to make sure you’re protected against the unexpected. If you want to discuss Purdue football, you can contact me too.

A Novel Defense To Patent Litigation

Bimal Saraiya · September 20, 2017 ·

The Rocket Docket

We’re proud to call Plano, TX home. Part of being in Plano means that we are located in the Eastern District of Texas. For years, the Eastern District has been the go-to venue for patent litigation. Indeed, the venue, known for their “Rocket Docket”, is home to nearly 25% of all patent litigation that is filed. A Supreme Court decision from earlier this year may change that, but in the meantime, companies are continuing to develop novel ways to protect, assert, and defend their patents.

Patent Defense Through Sovereign Immunity

I recently read about a move by Allergan to better protect their RESTASIS® patents. Essentially, they transferred their patents to the Saint Regis Mohawk Tribe. The Tribe is not subject to inter partes review due to sovereign immunity.

This is a novel move on the part of Allergan that gives them the same defensive mechanisms available to state-owned universities. Ultimately, whether or not this is good or bad remains to be seen. But I imagine we’ll be seeing other patent owners reach similar deals in the near future.

Why am I boring you with this?

How does this relate to what I do as a lawyer? It doesn’t – at least not directly. But this particular legal maneuvering struck home because the very last credit I earned to get my law degree was based on a paper I wrote regarding patents and sovereign immunity.

If you’ve got patent questions, or any other intellectual property questions, I’d be happy to discuss them with you. Give our office a call to schedule an appointment.