Ipf06-final - FINAL EXAMINATION INTELLECTUAL PROPERTY P.N Davis Friday December 8 2006 1:00 4:00 PM THIS IS A THREE(3 HOUR EXAMINATION THIS

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FINAL EXAMINATION INTELLECTUAL PROPERTY P.N. Davis Friday, December 8, 2006 1:00 - 4:00 PM THIS IS A THREE (3) HOUR EXAMINATION. THIS EXAMINATION CONTAINS NINE (9) PAGES. THIS EXAMINATION CONTAINS SIX (6) QUESTIONS. I = 20 min. II = 45 min. III = 45 min. IV = 20 min. V = 20 min. VI = 30 min. FILL IN YOUR EXAMINATION NUMBER ON THE BLUEBOOK STICKER. * * * * * YOU MAY BRING IN YOUR STATUTORY SUPPLEMENT, BUT NOTHING ELSE. You may write/print anything in the margins and on the blank pages of the supplement. You may add tabs to the supplement. You may not cover up any printing in the supplement. * * * * * Instructions : 1. These questions will be graded on the basis of the 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 issue will result in only partial credit because you will not have completed the analysis required by that type of question. 3. If you find it necessary 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 of avoiding a legal issue or making its
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1 I. (20 minutes) Horizontal (or lateral) directional drilling is used to avoid the necessity of digging a lateral trench for the installation of underground pipes and utility lines. It is used, for example, to install utilities around immovable objects such as roads, railroads, rivers, or lakes. Because the ground near the surface is composed of a variety of soft and hard materials, often mixed together, special drill bits are needed to cope with those varying conditions. William Cody overcame problems with prior art drill bits when boring through hard rock formations. His patent application disclosed a drill bit with a body that contains fixed and semi-floating cutting points and one or more fluid channels to lubricate and disperse formation chips that have been cut or fractured, without using jetting fluids that traditionally are used to steer horizontal drilling apparatus. Cody applied for patents for the drill bit and the drilling method in November 1997. The PTO issued a patents for this drill bit [the ‘283 patent] and for the method for horizontal directional drilling with that drill bit [the ‘743 patent] to Cody on June 4, 2000, On July 10, 2001, Cody sued Underground Tool Company for infringement of his patents, based on its manufacture and distribution of a competing drill bit. In its defense, Underground Tool presented the following evidence.
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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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Ipf06-final - FINAL EXAMINATION INTELLECTUAL PROPERTY P.N Davis Friday December 8 2006 1:00 4:00 PM THIS IS A THREE(3 HOUR EXAMINATION THIS

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