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Morrill_Gallagher_IPSurvey_Sp05 - Final Examination...

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Final Examination Intellectual Property Law Survey Professors Morrill & Gallagher Spring 2005 1. You have three (3) hours to complete this exam. You are not required to spend the entire time working on the exam—the average time for completion is between two and three hours. It is strongly recommended that you outline your response to each question, before writing the response . It is recommended that you spend one third of the time on each question creating your outline, and the remainder of your time writing your answer. For example, if you spend one hour per question, devote 20 minutes to the outline, and 40 minutes writing the answer. 2. THIS IS AN OPEN BOOK, OPEN MATERIALS EXAM . You may use any written notes, books or other materials to assist you in responding to the questions. 3. This exam consists of two parts, and is worth 100 total points. The point total for each of the three essay questions is indicated. Please allocate your time on the exam accordingly. Part I consists of two (2) essay questions. Please write your response in the blue books provided. Please write clearly. Write on every other line and every other page to permit instructor comments. Part II consists of one (1) patent law essay question. This question will be graded by Professor Morrill. YOU MUST ANSWER THE THIRD (PATENT) QUESTION IN A SEPARATE BLUE BOOK, LABELED “PATENT QUESTION” . If you need more than one blue book to answer this third question, each blue book you use must be labeled “Patent Question”. The remainder of the exam will be graded by Professor Gallagher. Students often fail to allocate enough time for the Patent question, so we recommend that you work on that question first. Please write clearly. Write on every other line and every other page to permit instructor comments. 4. Write your exam number on your exam envelope. Put your correct class section and 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!
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Part I: 60 Total Points QUESTION NO. 1 (40 points): Your client, Alex, seeks legal advice about a new company he has developed, called “NOT-PEZ”. NOT-PEZ manufactures pill dispensers for individual use. It is loosely based on the famous “PEZ” brand of candy dispenser that is beloved by children everywhere. PEZ candy dispensers are playful plastic tubes that store individual hard- candy “pillows” that are revealed when a plastic “head” at the top of the dispenser is opened. These heads are sculpted plastic images of either beloved childhood characters as diverse as the Easter Bunny, Minnie Mouse, Miss Piggy or of more generic figures such as a cute sheep or hippo.
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