fip08b - Fundamentals of Intellectual Property Final...

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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 2008 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. • 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 b y 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 the numbered spaces on the answer sheet. O n ly t h e fi r s t 5 a n swe r s i n I . A t h r o u g h I . 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. Jim (J) assigned his patent to BrewCo (B). B was upset to find J now practicing the assigned invention. If it turns out that an expired patent fully discloses the technology J uses, B: A. should be able to get an injunction, damages and attorney fees. B. may be able to get an injunction but no damages. C. may be able to get damages but no injunction. D. is entitled to no relief. 2. In 2006, Fran (F) licensed her patent to OdEx (O). In 2007, F also provided O with information critical to using her technology. If O stops paying royalties and F sues, its best defense is patent invalidity in light of: A. § 101. B. § 102. C. § 103. D. § 112. 3. Tatum’s (T) patented invention is based on a new law of nature. If T’s invention would be obvious to almost anyone informed about that natural law, the patent is: A. invalid because laws of nature are regarded as part of the prior art. B. valid if only T is aware of the new law of nature. C. invalid because T’s invention is obvious. D. valid if T’s invention is novel. 4. Doofus (D) invented obscurum, a new substance. If D, too rushed to explore possible uses, promptly got a patent claiming obscurum and a comparatively inefficient method for making it: A. all claims are likely to be valid. B. all claims are likely to be invalid. C. only claims to the process are likely to be valid. D. only claims to the product are likely to be valid. 1 of 6
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5. Meg (M) invented a way to make artificial plants. They are impossible to distinguish from real plants without close inspection. On those facts, she can probably: A. not get a valid patent because her invention has no use other than to deceive. B. not satisfy subject matter requirements for a utility patent. C. get a valid utility patent. D. get a valid plant patent. 6. Bogart (B) tried to license his submarine patent to the U.S. Navy (N). After its experts said that B’s invention wouldn’t work, N turned him down. If N later infringes, B probably: A. can satisfy § 103. B. cannot satisfy the operability requirement.
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fip08b - Fundamentals of Intellectual Property Final...

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