Monday, 24 October 2016

Intellectual Property Litigation

LAW FIRM OF DAYREL SEWELL, PLLC twenty five years of success and skill in intellectual property litigation has systematically earned  our team national recognition. whether or not through judicial proceeding within the courts or challenges at the government agency, we tend to partner with our shoppers to search out inventive solutions for his or her material possession problems at an inexpensive value.

Our intellectual property litigation team includes a broad vary of expertise altogether aspects of material possession judicial proceeding, including:

Patent law firm

Business lawyer

Litigation attorney

Litigation lawyer

For More Information Please Visit Site : https://sewellnylaw.com

Friday, 21 October 2016

Intellectual Property Law

Mr. Sewell continuously distinguishes himself as a top litigation attorney. He has twice been selected by New York Super Lawyers as a “Rising Star” and is a honoree of The National Black Lawyers – Top 100. Additionally, he is recognized as “Superb” and a “TopLitigation Attorney” by the lawyer-rating service Avvo. Moreover, he has been prominently featured as a preeminent legal authority on CNN.
Attorney Sewell has several years of transactional experience as well as significant, state and federal litigation practice. Moreover, he is well-versed in prosecution matters before the United States Patent & Trademark Office and the United States Copyright Office. He has represented the spectrum of patent, trademark, and copyright owners, food and drug companies, business owners, non-institutional clients, and more. While at a top 100 law firm, Mr. Sewell’s foci were in the areas of litigation and intellectual property. Prior to large firm practice, he honed his skills in Manhattan at a litigation boutique that specialized in intellectual property, food & drug law, and litigation.
Mr. Sewell is also an alumnus of the distinguished Innocence Project at the Benjamin N. Cardozo School of Law. He drafted motions and briefs regarding reopening criminal cases and reversing convictions using DNA evidence. Ultimately, his efforts culminated in the exoneration of one of his clients. Dayrel also completed a legal internship at Bristol-Myers Squibb Company. While at Bristol-Myers, he gained patent litigation and prosecution experience through the Court of Appeals for the Federal Circuit litigation and training seminars, respectively. He also worked on several regulatory matters including corporate consultant agreements, conflicts of interest, clinical trials, and co-marketed pharmaceutical contracts.
To continuously expand his expertise, Attorney Sewell has several years of experience providing counsel and litigation representation to real estate entities and individuals. Mr. Sewell recognizes the systemic real estate crisis and its affects on both investors and individuals, and is well-prepared to continue to assist clients with the crisis’ persistent havoc that affects the millions of people involved.
Prior to law school—with academic, medical background, and practicum requirements being met—Mr. Sewell received his M.P.H. from Columbia University and was a Director for medical research studies in New York City. Dayrel received his B.A. from The Johns Hopkins University, majoring in both Natural Sciences and Public Health. Mr. Sewell has also found time to do pro bono work. Of note, Dayrel is proficient in Spanish.
For More Information Please Visit Site : https://sewellnylaw.com/dayrel-s-sewell

Tuesday, 18 October 2016

Chairman Bar Association Highlight

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Mr. Sewell’s recent, featured publication, The Ignominious Patent Troll, also prominently appears in the year-end publication of the Brooklyn Barrister.

The Brooklyn Barrister is the official publication of the Brooklyn Bar Association. Dayrel looks forward to continuing his leadership roles as Chair of the Brooklyn Bar Association Intellectual Property Committee and Vice-Chair of the Brooklyn Bar Association real estate Attorneys  Property Committee.

Resource By : https://sewellnylaw.com/chairman-bar-association-highlight

Tuesday, 4 October 2016

The National Black Lawyers – Top 100

The LAW FIRM OF DAYREL SEWELL, PLLC is pleased to announce that Dayrel S. Sewell, Esq. has been selected for inclusion into The National Black Lawyers – Top 100 Lawyers, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.
The National Black Lawyers – Top 100 is an elite, professional honorary organization composed of the Top 100 Black Lawyers from each state who serve individuals, families and businesses needing attorneys to represent them in the American legal system. Only The Top 100 business lawyer from each state who are actively practicing in the select specialty practices are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and results as a legal professional. The selection process for this honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.
The National Black Lawyers provides accreditation to distinguished attorneys, and also aims to provide essential legal news, information, and continuing education to lawyers across the United States.
With the selection of Dayrel S. Sewell, Esq. by The National Black Lawyers – Top 100, Dayrel has shown that he exemplifies superior qualifications, leadership skills, and client results. As The National Black Lawyers – Top 100 is an essential source of networking and information for attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding lawyers chosen to represent their state or region.

Monday, 2 May 2016

Patent Troll Paying the Toll

In an exemplary ruling, the United States District Court for the Southern District of New York has ordered the so-called patent troll, Lumen View Technology, LLC (“Lumen”), to pay opposing party FindTheBest.com’s legal fees and other expenses under the fee-shifting provision of 35 U.S.C. § 285. See Lumen View Technology, LLC v. FindTheBest.com, Inc., 1:13-cv-3599 (DLC) (SDNY 2014).
Lumen filed suit against FindTheBest in May 2013 alleging FindTheBest infringed on a computer-implemented method patent that facilitated bilateral and multilateral decision-making. Lumen also filed more than twenty other similar patent infringement claims against various other technology companies during 2012 and 2013. FindTheBest quickly noticed the Lumen claim was a sham due to the fact that FindTheBest technology did not use a bilateral or multilateral decision-making process. The Southern District found Lumen’s suit to be without merit and dismissed the case in November 2013.
After the dismissal, FindTheBest petitioned the court to find Lumen’s suit one of an “exceptional case” under Section 285 and the recent Supreme Court ruling in Octane Fitness, LLC v.



In the April 2014 unanimous decision penned by Justice Sotomayor, the Supreme Court ruled that an “exceptional case” under § 285 is one that stands out from others with respect to a party’s litigating position, considering the law and the facts of the case, or the unreasonable manner in which the case was litigated. See Octane Fitness, LLC, 134 S. Ct. at 1756.
The Court found the previous standard in Brooks Furniture Manufactuirng, Inc. v. Dutailier Int’l, Inc., 393 F. 3d 1378 (2005), to be overly restrictive and one that hampered the statutory grant of discretion given to the courts under Section 285. Section 285 imposes only one constraint on a district court’s discretion to award fees, one of “exceptional” cases. In Brooks, a case could only be deemed exceptional when there was material inappropriate conduct, or when parties brought cases in subjective bad faith and were objectively baseless. The Court found this framework to be inconsistent with the text of Section 285.
In step with the Supreme Court’s Octane decision, the Southern District found Lumen’s patent infringement suit to fall under the “exceptional case” standard. As such, the Southern District of New York granted FindTheBest’s motion and found the suit to be a “prototypical exceptional case” shifting payment of FindTheBest’s case fees to Lumen.