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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)oCriteria for Copyright:Fixed in tangible medium (written down or typed somewhere)not copyrightable in your headNeeds to be creativeNeeds to be originaloCopyright protection lasts for life of author + 70 yearsoWork 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)oCopyright 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 DefenseBook or Movie reviews, Parodies, Satire, or education/researchCopyright Act tells courts to use four part test:Purpose and character of useNature of copyrighted work (more creative it is then the more its protected)Portion of work used relative to wholeWhat is the impact on economic value of copyrightCases:
oIntegrated Cash Management Services vs. Digital Transactions= employee switching jobs and disclosing certain trade secrets from prior employeroAssociation for Molecular Pathology vs. Myriad Genetics = Discusses Patent criteria regarding natural vs. non-natural substances (human genes)oLarami Corporation vs. Alan Amron = Super soaker case. Doctrine of Equivalents where only part of product has been copiedoThe Suntrust Bank vs. Houghton Mifflin = shows how courts apply the fair use doctrineUnit 7: Contracts IContracts = legally enforceable promiseo“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 oEnforceable if 3 elements are presentConsiderationCapacitylegalityContracts needs 7 areas to be present with no problems 1.Offer2.Acceptance3.considerationBilateral contracts- exchange of mutual promisesoMost contracts are theseoPromises are flowing both ways Unilateral contracts oCan only be accepted or formed when something has actually been doneEx: 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 dealImplied contractsSometimes inferred by courts after examining the conduct of the parties “contracts implied in fact”