True/False
Indicate whether the
statement is true or false.
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1.
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A patent granted by the USPTO guarantees its
owner the right to sell the patented invention.
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2.
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Once a first sale is made of a patented item,
the buyer may resell the item without committing infringement.
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3.
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If an employer instructs an employee to make
Jackie’s patented item, the employer may be liable to patent infringement.
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4.
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When a court determines whether patent
infringement has occurred, the court will examine the abstract of the patent and compare it to the
accused invention.
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5.
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A patent owner must prove that every claim in
his or her patent has been infringed in order to prevail in an infringement action.
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6.
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If George violated his duty of candor to the
USPTO when he obtained his patent, the resulting patent issued to George may be unenforceable, and
George may be precluded from suing for infringement.
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7.
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Once a court determines that patent infringement
has occurred, it will always order an injunction to ensure that infringement
ceases.
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8.
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A court will always award reasonable
attorneys’ fees to the prevailing party in a patent infringement case
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9.
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Parties may contractually agree that in the
event of a dispute over a patent they will arbitrate rather than litigate the
matter.
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10.
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A patent is enforceable and effective only after
it has been issued by the USPTO.
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Essay
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11.
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Fully distinguish between direct and indirect
patent infringement.
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12.
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Under the _________ doctrine or __________
doctrine, once a patent owner unconditionally sells a patented item, the buyer has the right to sell
it or use it as desired.
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13.
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Ed has purchased a digital camera, the patent
for which is owned by ABC Co. Ed has made several repairs to the camera and has also made several
improvements to it that have produced a substantially different camera. Has Ed infringed ABC’s
patent? Discuss.
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14.
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Describe an increasingly popular alternative to
suing for patent infringement in federal court to prevent importation of a patented
item.
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15.
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Brenda’s patented invention uses several
components, including a common type of screw and a very rare piece of copper wire that is used solely
in Brenda’s patented item. ABC Co. is selling both the screw and the copper wire to Frank, who
has infringed Brenda’s patent. Describe the liability of ABC, if any, for patent
infringement.
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16.
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Nick has exported all 40 pieces of Cal’s
patented invention for assembly abroad into an article that infringes Cal’s patent. Is such a
violation of the Patent Act? Discuss.
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17.
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If an accused invention falls within the exact
and specific language used in a patent claim, there is ____________ because the accused invention is
the same as that protected by the patent grant.
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18.
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Why is claims drafting such an important part of
patent law?
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19.
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Under the doctrine of _________, if an accused
invention performs substantially the same function in substantially the same way to reach the same
result as a patented invention, it will infringe the patent.
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20.
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A patent that represents a significant
breakthrough in the art is called a ____________, and it is given broad protection against
infringement.
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21.
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During the patent prosecution process, Pete
amended his application to omit Claim 3. Pete has now discovered that Ivy has infringed his patent by
making an equivalent product. Specifically, Pete believes Ivy has infringed Pete’s original
Claim 3. What effect does Pete’s conduct during prosecution have on any infringement action?
Discuss fully and identify the name of the principle that governs your answer. Would your answer be
different if Pete merely narrowed his Claim 3 and now believes Ivy has infringed the current Claim 3
as presently written? Discuss.
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22.
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Vic is licensing the use of Taylor’s
patented technology. The license states that Vic may not challenge the validity of the patent. Taylor
has sued Vic for patent infringement. May Vic assert that Taylor’s patent is
invalid?
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23.
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Liz would like to sue Bill for patent
infringement for acts that occurred seven years ago. May she? Discuss, and discuss what remedies, if
any, Liz may obtain.
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24.
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The Patent Act provides that upon finding
infringement, a court shall award a claimant damages adequate to compensate for infringement, but in
no event less than a reasonable __________ for the use made of the invention by the
infringer.
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25.
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Why should one accused of patent infringement
secure advice of counsel? In what way might this help the defendant in patent infringement
litigation?
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26.
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Walter believes that Jean is infringing his
patent. He would like to send Jean a cease and desist letter. What is the danger to Walt in sending a
letter that alleges that Jean is infringing his patent?
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27.
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Why should a party who receives a cease and
desist letter relating to alleged patent infringement never ignore it?
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28.
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Specifically identity the different roles of the
jury and the judge in an infringement action.
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29.
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What is a “Markman”
hearing?
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30.
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Ted has just lost a patent infringement case.
Does he have any further avenues to pursue? Discuss.
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31.
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A company that does not practice or
commercialize a patent but merely buys one for the purpose of pursuing potential infringers to obtain
money through infringement claims is typically called a __________.
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32.
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Must an accused invention infringe every claim
of a patent in order to infringe? Discuss.
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