ipf04-final - F INAl. EXAMINA no INTELLECTUAL PROPERTY P. ....

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FINAl. EXAMINA no INTELLECTUAL PROPERTY P ..Davis Tuesday, December 14, 2004 8:30 AM - 11:30 AM TInS IS A THREE (3) HOUR EXAMINATIO . TIllS EXAMINATION CONTAINS SIX (6) PAGES. TIllS EXAMINATION CONTAINS FNE (5) QUESTIONS. I = 30 min. II = 60 min. ill = IV = 40 min. V = 20 min. FILL IN YOUR EXAMINATIO NUMBER ON TIlE BLUEBOOK STICKER * * * • * YOU MAY BRING IN YOUR STATUTORY SUPPLEMENT, BUT OTRING ELSE. You may write in the margins and on the blank pages ofthe supplement. * * * * * Instructions: 1. These questions wiU be graded on the basis ofthe times indicated with each questions. The indicated time for the questions total 3 hours. You will be given 3 hours to write the examination. Budget your time carefully or you may not finish. 2. Be sure to state a result whenever a question asks for one. Merely stating the arguments on both sides of a legal is ue will result in only partial credit because you will not have completed the analysis required by that type of question. 3. If you find itnecessary to make factual assumptions in order to answer a question, be sure to state the assumption. 4. Do not assume additional facts for the purpose ofavoiding a legal issue or making its resolution eaSier. 5. Comment briefly on each legal issue reasonably raised by the questions and on each reason for your answer, even when you decide that one legal issue or reason controls the result. 6. The difference between triumph and disaster may lie a careful reading ofthe questions.
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HealthMonitor is an Ohio corporation that provides remote electronicmonitoring devices and emergency response services for at-home clients in 25 states, including Missouri. It solicits local hospitals and home health care agencies to become members of its national network. Typically, HealthMonitor leases monitoring equipment to local provider-member agencies, which provide it to its individual patient-subscribers. HealthMonitoralso maintains a round-the-clocksupportcenter, which responds to the subscriber's emergency calls in a prearranged fashion. HealthMonitor also can arrange to monitor patient~subscribers medical equipment or monitor with a GPS transponder the whereabouts of an at-risk patient-subscriber, such as one suffering from Alzheimer s disease. Each provider-member agency markets HealthMonitor's monitoring programs and equipment to its individual patient-sub cribers bills them and pays HealthMonitor a monthly fee for each. HealthMonitor markets its services and equipment under its HealthMonitor mark. It began marketing them in 1991 in some of the 25 states. From 1992 to 1999 it spent about $50 000 attempting to sell its services and equipment in Missouri. Despite these efforts, it made only one $500 sale in Missouri to an end user, who terminated the subscriptionin April 1994. HealthMonitor had no further sales in Missouri until July 1999,when it entered into contracts withseven health care agencies. In that year, its revenues were $82,000. None of these contracts were the six-county region in central Missouri served by CM (see next paragraph). These seven contracts are still in force. HealthMonitor received federal registration
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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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ipf04-final - F INAl. EXAMINA no INTELLECTUAL PROPERTY P. ....

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