fip07b - F u n d a m e n t a l s o f I n t e ll e c t u a l...

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Unformatted text preview: F u n d a m e n t a l s o f I n t e ll e c t u a l P r o p e r t y Fi n al Exa m i n a t io n Professor Field Fall 2007 This is a three-hour, open-book exam. You may consult any written materials. Do not discuss the exam with others. • Put your exam number and answers on the sheet provided. • Note that questions in Part I are worth four times as much as those in Part II. • D o n o t was t e t i m e a n swe r i n g m o r e q u es t io n s t h a n yo u n ee d t o! P a r t I : M u l t i p le c h oice [ 8 0 p oi n t s — 2 0 q u es t io n s t o t al] S p ecific I n s t r u c t io n s: Put the letter for the most correct concluding phrase or statement in numbered spaces on the answer sheet. O n ly t h e fi r s t 5 a n swe r s i n eac h sec t io n (A– D ) co u n t . A . P a t e n t s [Section references to 35 U.S.C.] A n swe r o n ly 5 of 7. 1. After WebCo was found to infringe Mo’s patent, treble damages were awarded. He does not practice the invention, but Mo also seeks to enjoin future infringement. If so: A. the court has no choice; that is the only way to protect Mo’s property rights. B. the court must avoid what amounts to a nonstatutory compulsory license. C. that he already been well paid should figure into the court’s decision. D. that he does not practice should figure into the court’s decision. 2. Razo has U.S. patents on a shaver. Although expensive, it sells them as “disposable” to high- end customers. Sharp buys them used via the internet and gets blades resharpened overseas. If Razo sues, Sharp will be: A. found to induce Razo’s customers to infringe its patents. B. found to violate Razo’s implied “single-use-only” condition. C. obligated to indicate clearly that its Razo shavers are recycled. D. unable to bring reconditioned Razo shavers back into this country. 3. Irma is the first person to devise a way to solve a long-standing computational dilemma important to manufacturers. A valid patent: A. could claim all possible solutions because she is the first to solve the dilemma. B. could claim most possible applications of her particular solution. C. is nevertheless unlikely because her invention is mathematical. D. could claim most possible uses of her particular solution. 4. Prior investigators got nothing but explosions, but Sally has found that specific members of a family of substances can be usefully combined without adverse result. If so, any composition patent’s: A. validity is open to doubt unless components behave differently in combination. B. proper scope can be broader if she understands the factor(s) affecting compatibility. C. Both A and B are correct. D. Neither A nor B is correct. 1 of 6 5. John can make pearls that only experts can distinguish from ones much more expensive and harvested at considerable risk. If he got a process patent: A. it could be invalid if his are essentially the same as natural pearls....
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fip07b - F u n d a m e n t a l s o f I n t e ll e c t u a l...

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