Law HW 24

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School

Baruch College, CUNY *

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Course

1101

Subject

Law

Date

Jan 9, 2024

Type

pdf

Pages

1

Uploaded by SuperHumanGorilla5468

7-1.Patent Infringement. John and Andrew Doney invented a hard-bearing device for balancing rotors. Although they obtained a patent for their invention from the U.S. Patent and Trademark Office, it was never used as an automobile wheel balancer. Some time later, Exetron Corp. produced an automobile wheel balancer that used a hard-bearing device similar to the Doneys’ device. Given that the Doneys had not used their device for automobile wheel balancing, does Exetron’s use of a similar device infringe on the Doneys’ patent? (See Patents.) The question of whether Exetron Corp.'s use of a hard-bearing device for automobile wheel balancing, similar to the one patented by John and Andrew Doney for rotor balancing, constitutes patent infringement depends on a nuanced analysis of the patent claims and the accused product. Since the Doneys did not use their patented device for automobile wheel balancing, the scope of their patent claims and the specific language therein become critical. If the claims are narrowly tailored to rotor balancing, Exetron's use for a different purpose may not infringe on the patent. However, the doctrine of equivalents, which considers substantial similarities in function, method, and result, could still be a factor. Consulting with a patent attorney is advised for a comprehensive examination of the patent and a more accurate legal assessment. 7-2.Fair Use. Professor Wise is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law texts and distributes them to his students. Wise does not realize that the daughter of one of the textbook authors is a member of his seminar. She tells her father about Wise’s copying activities, which have taken place without her father’s or his publisher’s permission. Her father sues Wise for copyright infringement. Wise claims protection under the fair use doctrine. Who will prevail? Explain. (See Copyrights.) The outcome of the copyright infringement lawsuit filed by the textbook author against Professor Wise will hinge on the application of the fair use doctrine. While Professor Wise may argue that his copying of relevant sections for educational purposes falls under fair use, the determination involves a case-specific analysis considering factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market value. If the copying is deemed transformative, limited in scope, and primarily serves educational purposes, Wise may have a stronger fair use defense. However, if the court finds that Wise's activities negatively impact the market for the original work or exceed reasonable educational needs, the fair use defense may be less persuasive. Ultimately, the resolution will depend on the nuanced application of fair use principles to the specific circumstances of Professor Wise's actions in the context of the business torts seminar at State University.
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