Walters & Wasylyna Blog

Gun Rights and Ohio Concealed Carry (CCW) Laws

Posted by on 6:41 pm in Uncategorized | 0 comments

The attorneys at Walters & Wasylyna are gun enthusiasts.  If you have issues with firearms, your CCW concealed carry license, or any other matter involving your firearms rights, give us a call. If you need top drawer, sophisticated CCW training at a reasonable price, call us. 216.990.6110 Gary L. Walters is a retired infantry officer, a former drill sergeant at Fort Leonard Wood, Missouri, a holder of the Silver Star earned in combat, and a graduate of many military schools, including the School of Advanced Military Studies at Fort Leavenworth, Kansas.  Gary graduated from Cornell Law School in 1999.  He owns GunIQ LLC and can help with your firearms training with both public and private classes.  GunIQ routinely offers Ohio’s concealed carry handgun license (CCW) training. Walters & Wasylyna is an Ohio-based law firm focusing on intellectual property matters and business litigation.  The firm is highly active in patent preparation and prosecution, both in the United States and around the world, as well as patent enforcement in the federal courts.  The firm represents clients of all sizes, from Fortune 500 Companies to sole proprietors and individuals....

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Ohio Inventors Expected to Receive Record Numbers of Patents; Ohio’s Percentage to Slip

Posted by on 6:53 pm in Uncategorized | 0 comments

Cleveland, Ohio.  It is projected that in 2014, the United States Patent and Trademark Office will issue roughly 5,779 patents to Ohio inventors.  This record-breaking figure will continue for another year an upward trend in patent grants, as shown in the chart below: Unfortunately, despite continued growth in total patents issued, Ohio’s share of all issued United States patents will continue its downward trend.  It is projected that in 2014, Ohio inventors will account for about 1.75 percent of all issued United States patents.  For comparison, in 2004, Ohio inventors accounted for about 2.23 percent of all issued United States patents. Walters & Wasylyna is an Ohio-based law firm focusing on intellectual property matters and business litigation.  The firm is highly active in patent preparation and prosecution, both in the United States and around the world, as well as patent enforcement in the federal courts.  The firm represents clients of all sizes, from Fortune 500 Companies to sole...

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Walters & Wasylyna Connects with the Community

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Broadview Heights, Ohio.  Walters & Wasylyna connects with the community.  Our offices are approximately ten miles south of downtown Cleveland in the suburb of Broadview Heights.  We support the community and engage actively with fellow owners and executives to promote and grow local business.  Through these engagements, we have gotten to know a lot of other local business persons, number many them among our friends, and recommend the below businesses to you wholeheartedly should you have a need for their expertise.  Give them a call and let them know you heard about them from us.   Adam Barr Printer Services Northern Ohio Printing 216.398.0000 Dr. Robert Graves Chiropractor Pleasant Valley Chiropractic 216.520.6880 Carmen Sears-Edwards Property and Casualty Ins. Farmers Insurance 216.346.7223 Drew Karis Bank Branch Manager Keybank 440.457.5400 Elena Lougovskaia Immigration Attorney Lougovskaia Boop 216.920.3041 Emily McManamon Title Agency Erieview Title 440.835.4505 George Halle Health Insurance InSphere 440.567.2271 Jack Wygonski Residential Remodeling South Hills Builders 440.526.8030 Jason Chatal Mortgage Lending First Fed. Community Bank 440.580.0183 Jerry Kaye Realty Services Coldwell Banker 440.526.0500 James Orosz HVAC Service Air 440.888.3840 Jim Berg Advocare Nutrition 330.391.0085 Jim Gero Accounting Hobe & Lucas 216.524.8900 Jim Sadens Carpet Cleaning CleanPro 330.657.2113 Kevin Gluntz Business Attorney Gluntz Law 216.403.5461 Kurt Mears Financial Planning Advance Capital 800.457.4304 Matt Dorcik Auto Repair Friend-Lee Auto 440.582.7190 Robert Routson Life Insurance New York Life 216.520.8708 Sarah Lewan Skin Care The Aesthetic Center for Skin 440.283.8881 Sean Sullivan Fitness Trainer Fitness Together 440.550.4862 Tim Richards Roofing and Siding Expert Exteriors 330.617.3145   Gary L. Walters is a partner at Walters & Wasylyna.  He focuses on civil (business) litigation and intellectual property disputes.  Walters & Wasylyna is a litigation and patent...

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Walters & Wasylyna: Choice for IP Law and Business Litigation

Posted by on 7:56 pm in Uncategorized | 0 comments

Cleveland, Ohio. Walters & Wasylyna LLC takes pride in offering top-drawer legal services at competitive rates. Whether we are your choice for primary counsel in a local or far-flung dispute, or you’re from outside Ohio and we’re your choice for local counsel in Ohio, we will work with you to achieve your goals and objectives. We focus on business litigation and intellectual property (IP). We often handle contract disputes, business torts, professional malpractice, financial-based litigation, and all types of intellectual property infringement actions (patents, trademarks, copyrights, and trade secrets). We will also help you to protect your intellectual property by drafting patents, memorializing your trademarks and copyrights, and making all necessary filings with the United States Patent and Trademark and Copyright...

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Trademark Registration

Posted by on 11:10 am in Uncategorized | 0 comments

Cleveland, Ohio.  Trademarks serve two purposes.  They protect the reputation of the person or company providing goods and services by helping to ensure that the mark is only going to be associated with their product, and they protect the consumer by allowing him or her to associate the product with a person or company they already know. The owner of a trademark may establish rights in that mark whether or not it is registered with the USPTO; however, registration gives the owner several rights:  The public is deemed to have notice of your mark. Courts will “presume” that you own the mark and have exclusive rights to it in connection with the goods or services listed in the registration.  (The person or entity accused of infringement will have to overcome this “presumption.” ) You may sue in federal court. You may use the US registration to extend the registration to other countries. You have additional means to prevent the importation of infringing goods. One may use “TM” for a trademark and “SM” for a service mark to let others know of your claim to the mark whether or not you have registered the mark with the USPTO.  The ® symbol, however, is reserved for marks that have actually been registered. Do you need assistance with a trademark or other intellectual property?  Walters & Wasylyna can help–give us a call. Gary L. Walters is a partner at Walters & Wasylyna.  He focuses on civil (business) litigation and intellectual property disputes.  Walters & Wasylyna is a litigation, intellectual property, and patent...

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Bitcoins: In A Nutshell

Posted by on 4:29 am in Uncategorized | 0 comments

Bitcoins are a form of digital currency.  They are the digital creations of software in a peer-to-peer system, meaning that there is no central server location, no owner.  Bitcoins, the system, was created by someone going under the pseudonym of Satoshi Nakamoto in 2009.  Bitcoins are regulated by no one (no governmental agency) and by everyone (every “miner” using the software system).  Each miner has full view of the system, except for a complex private password held by each user of the system.  This highly private password is what allows holders of bitcoins to do so with confidence.  Transactions are essentially free and anonymous, two of the strongest appeals of virtual currency. Bitcoins are acquired generally in one of three ways.  First, they are “mined.”  The software itself maintains the bitcoin system through a sort of complex mathematical problem that today takes enormous computing power to “solve.”  The problem takes the form of following strict cryptographic rules to pack the ongoing bitcoin transactions into a “blockchain,” which is approved by a consensus of miners in the system through the operation of the software.  Once the blockchain is completed (solved) it takes its place in the chain, the system releases 25 bitcoins to the solver, and the next blockchain begins.  In the earliest days, one might solve one of these problems with a home computer and the reward (bounty) then, like now, would be the release of 25 bitcoins.  Today, however, the computer power to solve the problems and release the bitcoins is enormous and the problems are generally solved by pools of miners with machines running around the clock.   The miners’ shares will be determined by the computational power each brings to the mining.  Each solution takes a few minutes and the 25 bitcoins usually go out to individual miners in small fractions.   The machines largely used for mining today are not “computers” in the traditional sense, but special processing machines that do nothing but efficiently mine at high rates of speed.  Anyone can participate.  To do so meaningfully will require an investment of several thousand dollars.  Note that bitcoins will continue to be released at increasingly slower rates until approximately 2140, when the system will reach the prescribed limit of 21 million bitcoins.  There are slightly more than 12 million in circulation as this is being written.   The machines mining bitcoins are valued in the tens of millions of dollars and the electricity being used for mining would supply a small country. Second, one may simply buy bitcoins.  The most common way is to go to one of the online exchanges, where you can lay down cash for the bitcoins.  There are several large exchanges.  Bitcoins are in the news today because the largest of the exchanges—Mt.Gox—has gone off line, allegedly losing more than $300 million through theft.  It remains to be seen whether bitcoins will survive this calamity.  Bitcoins are commanding about $575 per coin as this is being written one day after Mt.Gox’s collapse. Finally, one may exchange goods or services for bitcoins.  The number of providers accepting bitcoins is growing daily, slowly.  One of the best known acceptors of bitcoins is Are bitcoins legal?  It depends on where you stand.  As of now, in the United States, the answer is yes, but the unanswered...

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Local Counsel: Northern District of Ohio and Northeast Ohio

Posted by on 8:38 pm in Uncategorized | 0 comments

Walters & Wasylyna’s lawyers frequently serve as local counsel to represent businesses and persons that have been sued or that need to file lawsuits in the State Courts of Northeast Ohio and the U.S. Federal Court for the Northern District of Ohio. The local rules, customs, and issues of form are often unknown or confusing to practitioners from other parts of the country, so it is important to retain reliable local counsel.   Walters & Wasylyna practices routinely in the areas of business litigation and intellectual property, including a robust practice of patent prosecution.  Once retained as local counsel, we work closely with primary counsel to help determine the best courses of action, and whether to seek dismissals or jurisdictional transfers. If the case stays in our jurisdiction, we stand ready to work with primary counsel to provide all levels of services throughout the case.  In addition to all Courts in Ohio, our lawyers are admitted to the 3rd, 6th, 9th, and Federal Circuit Courts of Appeal, as well as the United States Patent and Trademark...

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Walters & Wasylyna LLC has opened a new office in Broadview Heights, a suburb of Cleveland, Ohio

Posted by on 8:12 pm in Uncategorized | 0 comments

8193 Road, Suite 101 Broadview Heights, Ohio  44147 Phone:  (216) 939-5443   Call us if you have questions involving litigation or intellectual property.  

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Your Business Has Been Sued? What Next?

Posted by on 8:11 pm in Uncategorized | 0 comments

Call Your Lawyer or Find A Lawyer The very first call you should make is to a lawyer. He or she will guide you. As a general summary, here is what a lawyer would normally expect you to do: If you don’t have a relationship with a lawyer, there will be some preliminary steps. These can usually be done quickly. The lawyer will have to ensure that he or she does not have a conflict with the other party or parties. So, do not provide details to the lawyer until all conflicts are cleared and you have engaged the lawyer’s services. Once conflicts are cleared and the relationship is established: Forward all court papers to the lawyer by the fastest means; Identify clearly when the lawsuit (complaint) was received (the first deadline is no more than a month away); Gather relevant information internal to your business; Gather the file, including all relevant emails and correspondence; Share all information with the lawyer; Let the lawyer know the earliest time you can discuss the matter in detail; Take affirmative steps to ensure no documents or other information related to the matter are lost or destroyed (ask your lawyer about this). Notify Any Applicable Insurer Without Delay If you’re in doubt, call the insurer and follow your claims requirements carefully. Talk to your lawyer about any applicable insurance. No Communications In general, your business should have a policy of not communicating about legal matters. Once a lawsuit is filed, do not discuss the lawsuit with anyone until you have your lawyer’s guidance. What’s at Risk?  Before you can figure out how to respond to a lawsuit, you need to work with your lawyer to assess your potential exposure: What does the complaint ask for: money? an injunction? What’s the truth of the claims in the complaint? Have you or your agents behaved in a way that might expose you to punitive damages? Are there risks of you having to pay the other side’s attorneys’ fees? (The answer is usually “no,” but there are exceptions.) Which side realistically has the better case? How much will it cost to defend the lawsuit? Develop a Plan Don’t just turn the matter over to an attorney. Stay involved. Do you have counterclaims against the plaintiff? How will money affect your plan of action? What is your bottom line aim for the litigation? Ask for a budget from your lawyer by phases. At a minimum: Phase 1. Responding to the Complaint / Motions to Dismiss. Phase 2. Discovery. Phase 3. Motions for Summary Judgment. Phase 4. Preparation for Trial. Phase 5. Trial. If you’re unfamiliar with litigation, working through a budget will give you a better perspective on the litigation. The lawyer may have to develop the case to give you a reasonably accurate budget for the final phases, but it is usually possible to budget for the phase you’re in along with the next phase. Ask about expenses. There’s more than attorneys’ fees. There’s travel, document handling (copying/scanning/collecting), court reporters (for depositions), and potentially expert witnesses, to name a few. Be an Economically Rational Actor A lawsuit is going to cost you time and money.  It is rarely smart to fight on principle.  Ensure that your litigation is planned to achieve success at the right price....

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Walters & Wasylyna deliver $23 Million to their client the Kalamazoo Community Foundation

Posted by on 8:02 pm in Uncategorized | 0 comments

KALAMAZOO, MI. — The Kalamazoo Community Foundation will collect $23 million — the largest single gift in its history – as a court settles a long dispute over a fund set up by the founder of The Upjohn Co. The hefty sum is part of the settlement of a special prize fund set up by Dr. William E. Upjohn in his will and implemented five years after his death. The direction of the fund, related to Dr. Upjohn’s wishes, were contested by the Kalamazoo Community Foundation and Pharmacia & Upjohn Co. LLC (which is a subsidiary of Pfizer Inc.) after the trustee of the fund in 1995 questioned the direction it should take. But the head of the community foundation was pleased with the settlement announced Friday morning. “This is a great settlement, and we appreciate the positive relationships that made this resolution possible,” Carrie Pickett-Erway, president and CEO of the Community Foundation said in a press release. “This decision honors the legacy of W.E. Upjohn, who had a special interest in rewarding the pursuit of excellence while investing locally in both people and place.” The Kalamazoo Community Foundation plans to endow the majority of the assets in a newly-established W.E. Upjohn Fund, an Unrestricted Fund allowing flexibility to meet needs in our community. According to Tom Vance, director of marketing com¬munications for the foundation, the endowment will generate about $810,000 annually to be used to invest in the most pressing needs of our community. Dr. Upjohn made provisions in his will that set aside 2,000 shares of company stock to generate money to allow The Upjohn Co. to reward at least two employees each year for their special accomplishments. Prizes were to be awarded as long as the company was in existence. After that, the money was to benefit the community foundation. And therein lies the rub. The Kalamazoo-based Upjohn Co. merged with Swedish drug maker Pharmacia in 1995 to form Pharmacia & Upjohn Inc.. That business merged in 1999 with Monsanto to form Pharmacia Corp. And in 2003, New York-based Pfizer Inc. acquired Pharmacia and the overall name of the company became Pfizer. The complex matter of names, rights, existence and the fund which had accrued about $44 million by the time of this week’s ruling, was considered in probate court in 2003, where the court found that The Upjohn Co. no longer existed. But the matter was appealed and the Michigan Court of Appeals ruled in February of 2010 that it did. On Thursday, the Kalamazoo County Probate Court Judge Donald Halstead ordered a resolution in which the parties agreed to a settlement. The parties were: the Kalamazoo Community Foundation; Pharmacia & Upjohn Co. LLC (formerly The Upjohn Co. and now a subsidiary of Pfizer Inc.); PNC Bank; and the Michigan Attorney General. PNC Bank is the trustee of the trust. The Michigan Attorney General oversees all charitable interests in the state. The agreement calls for $23 million of the $44 million trust to be distributed to the Community Foundation, the assets remaining assets will continue to be used for the William E. Upjohn...

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