Beck_Morrill_PatentLit_Sp05 - Final Examination Patent...

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Final Examination Patent Litigation (LAW 875-C) Justin T. Beck and Robert B. Morrill Spring 2005 1. You have two (2) hours to complete this exam. 2. This is an open book exam. 3. This exam consists of three essay questions with point allocation as indicated on the examination. 4. Write your exam number on your exam envelope. Put your correct student exam # at the top of this page, each page of questions and each blue book. Do not use your name, student ID number or Social Security Number on any exam materials. 5. At the conclusion of the exam, return all test materials, including blue books, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded. GOOD LUCK! Questions Facts part 1. V formation owns U.S. Patent No. 5,803,466. The ‘466 patent claims a type of in-line skates. On August 10, 2004, a lawyer from a large firm (which is well known for doing patent litigation) representing V Formation sends Holley Skates a letter stating: It has come to my client V Formation’s attention that Holley has recently begun the production and sale of a new line of in-line skates. I have compared V Formation’s U.S. Patent No. 5,803,466 (copy enclosed) with one of the new Holley skates and find that the new skates have all of the features described in claim 1 of the patent. Since it appears that claim 1 of the ‘466 patent reads directly on the new Holley skates, we request that you confer with your intellectual property attorneys concerning the patent and the likelihood of infringement by the new Holley skates. As you probably know, a patent gives its owner the right to exclude others from making, using, selling, offering for sale, and importing goods that infringe the claims of the
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patent. Damages for patent infringement can include the loss of profits by the patent owner, attorneys’ fees, prejudgment interest, and up to three times actual damages if the infringement of the patent was willful. With such severe damages likely to be assessed for infringement, we suggest that Holley
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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Beck_Morrill_PatentLit_Sp05 - Final Examination Patent...

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