Tort Memo - Patents Essay
637 WordsOct 13, 20083 Pages
After listening to the details of Mr. Twister's situation, it is very clear that he is an unfortunate victim of patent infringement, meaning that there was unauthorized use of Tong's patent. According to the Federal Patent Statute of 1952, Tong had received a legitimate patent for a novel, useful, and nonobvious device, and the Silly Suds Company should be stopped from producing similar devices in the future. Since patent holders own exclusive rights to use and exploit their patent, Tong is able to justifiably sue Silly Suds for patent infringement and is entitled to file a patent infringement suit in a court of law. Being that patents are protected by Federal law, Tong will have government aid in pleading his case for justice against Silly Suds. However, a large drawback in bringing a patent infringement case to court is the extraordinary expense. Patent lawyers are not cheap and will cost around $100,000 in fees prior to filing a case. On average, the total cost over the duration of a patent lawsuit runs from $1-1.5 million. The problem is that most small-time inventors lose out because while they are able to obtain a patent, they are unable to shell out the expenses to enforce it. It is unfortunate that patent law mostly benefits large corporations who have the resources necessary to protect their patents. Not knowing Mr. Twister's financial situation and hypothetically assuming that he possesses the funds necessary to proceed with his case, Tong will most likely be entitled to significant damages and remedies. An itemization of the awards that Tong will be entitled to, is as follows: •	Money damages that equal a reasonable royalty rate for the infringed products that were previously sold by the defendant. This means that for every Color-sorting laundry device that Silly Suds sold, Tong will be entitled to a portion of the revenue. •
Tort is defined as "civil wrongs by a corporation or individual that often requires a remedy from and outside source, whether court or an outside mediator ( Jennings, 2002). After completing the Business Regulation Stimulation, Alumina has been faced with a complex issues of tort liabilities. Negligence is conduct of omission or neglect that results in damages (Jennings, 2006). Five years ago Alumina was cited by the Environmental Protection Agency (EPA) for a violation (the disposal of effluents
Patent Essay
The case between Apple and Samsung over the ownership of the patent of smartphones and tablets came to close in August 24, 2012.According to this case, Apple argued that Samsung copied Apple's designs for the iPhone and iPad and that Samsung should pay large penalty for Apple for its plagiarization.Conventional subconscious indicates that Apple will win and Apple won indeed. I am not the huge fan of Samsung, but I still hold the opinion that Samsung is more valid to not to lose in this debate for
Patents Essay
Definition: Patent The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection). More directly, it is a shortened version of the term letters patent, which was a royal decree granting exclusive rights to a person, predating the modern patent system. Similar grants included land patents, which were land grants by early state governments in the USA, and printing patents, a precursor of modern copyright. In modern usage, the term patent usually
A Patent Essay
exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. COPYRIGHT Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally
Torts Essay
Introduction to Torts October 6, 2010 Hampton University Case Study Case Study The Anglo- American tort goes back to the action for trespass to property or to that person. The late 18th century was when this first was observed. It's when the distinction between that which is unintentional and injuries that are willfully inflicted. Negligence was distinguished as a different tort. The basic idea today is that a breach of duty constitutes a tort. In America there are
Torts Outline CHAPTER ONE: INTENTIONALLY INFLICTED HARM: THE PRIMA FACIE CASES AND DEFENSES Intent: Desire to bring about a result that has a substantial certainty of happening Garratt v. Dailey- boy pulls chair away, substantial certainty woman will fall(injured I. Physical Harms A. Trespass 1. Elements a) Intent to be on land b) On land c) No consent 2. Special Consideration a) Trespasses to real property- If ( intends to be
9 Material Issues Patent The corporate competition paradigm is rapidly shifting from tangible assets such as price, functionality, quality, and other criteria to intangible assets such patents, designs, and the like. Now, intellectual property does not comprise just the results of R&D activities but is recognized as a business and industry. Under these circumstances, Samsung Electronics regards development of key technologies and strengthening of its intellectual property rights portfolio as
Firstly to gain a patent, it involves the entrepreneur to have their own original idea and to draw up a specification of the idea. So, Heather Kitching's case, her idea was a polyethylene wieldable zip fastener with teeth. After receiving professional help and advice on getting the conceptual drawings perfect, the next stage in gaining a patent would be to submit the first part if the application, known as an 'abstract'. An abstract will outline how the idea solves a problem. The next stage is to
injunctions to stop illegal copying, and a dozen accused companies have agreed voluntarily to stop. Some designers remain fatalistic about the problem, however. Ingo Williams, the designer who makes picture frames in Brooklyn, steadfastly refuses to patent his products or sue. "Intellectual property is not a retirement fund," he says, adding that he wonders whether getting knocked off is the natural evolution of a good idea. His somewhat stoic strategy is to always stay ahead of the big companies and
Paul Zaremba - 358765384 EECS491S01HBR Lecture III - Assignment 01/25/01 30 1.	Discuss why it is important that one called as an expert engineering witness in a technologically complex legal case fully believes that he or she can honestly testify about their client's position on the technical issues. We have learned earlier in this course that it is difficult for a lie to withstand the rigors of cross-examination. In any case, telling a lie is unethical, and should never be contemplated
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