then it is still probably patent infringement super soaker case in reading If a

Then it is still probably patent infringement super

This preview shows page 30 - 33 out of 53 pages.

then it is still probably patent infringement (super soaker case in reading) If a plaintiff wins, they are entitled to an injunction and damages. Damages can cover lost profits and royalties on defendants sales. Copyright = Cover creative works or expression of ideas (write a song or textbook, compose a dance, paint a painting) o Criteria for Copyright: Fixed in tangible medium (written down or typed somewhere) not copyrightable in your head Needs to be creative Needs to be original o Copyright protection lasts for life of author + 70 years o Work for hire = Copyrights created by employees (catchy jingle for a commercial) protected for shorter of 120 years from creation or 95 years from publication (first used) o Copyright Infringement: Requires proof of valid copyright and proof of unauthorized copying of your - work must be registered within 3 months after publication to receive statutory damages Fair Use Defense Book or Movie reviews, Parodies, Satire, or education/research Copyright Act tells courts to use four part test: Purpose and character of use Nature of copyrighted work (more creative it is then the more its protected) Portion of work used relative to whole What is the impact on economic value of copyright Cases:
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o Integrated Cash Management Services vs. Digital Transactions = employee switching jobs and disclosing certain trade secrets from prior employer o Association for Molecular Pathology vs. Myriad Genetics = Discusses Patent criteria regarding natural vs. non-natural substances (human genes) o Larami Corporation vs. Alan Amron = Super soaker case. Doctrine of Equivalents where only part of product has been copied o The Suntrust Bank vs. Houghton Mifflin = shows how courts apply the fair use doctrine Unit 7: Contracts I Contracts = legally enforceable promise o “a promise/set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty o Enforceable if 3 elements are present Consideration Capacity legality Contracts needs 7 areas to be present with no problems 1. Offer 2. Acceptance 3. consideration Bilateral contracts- exchange of mutual promises o Most contracts are these o Promises are flowing both ways Unilateral contracts o Can only be accepted or formed when something has actually been done Ex: Lost Dog- if found will pay $100 reward, cannot actually get the $100 until the dog has been found and returned Express contracts The parties involved have fully and specifically stated the terms of the deal Implied contracts Sometimes inferred by courts after examining the conduct of the parties “contracts implied in fact”
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