Question 1

In which district courts do patent owners tend to file a patent infringement case?

Accepted Answer

A)While a patent owner may file a patent infringement case in any federal court,patent owners tend to file in certain district courts: The Northern District of California,the District of Delaware,and the Eastern District of Texas.Patent holders prefer to file in these courts for at least two reasons: 1)The judges in these district courts have more experience with technical issues in patent cases;and 2)juries in these courts have tended to give large damage awards to patent holders.
B)While a patent owner may file a patent infringement case in any federal court,patent owners tend to file in certain district courts: The Northern District of California,the District of Delaware,and the Eastern District of Texas.Patent holders prefer to file in these courts for at least two reasons: 1)The judges in these district courts have more experience with technical issues in patent cases;and 2)juries in these courts have tended to give large damage awards to patent holders.
C)While a patent owner may file a patent infringement case in any federal court,patent owners tend to file in certain district courts: The Northern District of California,the District of Delaware,and the Eastern District of Texas.Patent holders prefer to file in these courts for at least two reasons: 1)The judges in these district courts have more experience with technical issues in patent cases;and 2)juries in these courts have tended to give large damage awards to patent holders.
D)While a patent owner may file a patent infringement case in any federal court,patent owners tend to file in certain district courts: The Northern District of California,the District of Delaware,and the Eastern District of Texas.Patent holders prefer to file in these courts for at least two reasons: 1)The judges in these district courts have more experience with technical issues in patent cases;and 2)juries in these courts have tended to give large damage awards to patent holders.
E)While a patent owner may file a patent infringement case in any federal court,patent owners tend to file in certain district courts: The Northern District of California,the District of Delaware,and the Eastern District of Texas.Patent holders prefer to file in these courts for at least two reasons: 1)The judges in these district courts have more experience with technical issues in patent cases;and 2)juries in these courts have tended to give large damage awards to patent holders.

Question 2

Identify where a trademark is registered,what one should do when requesting registration,and what the governmental office involved would then do.Identify circumstances under which a trademark will not be accepted for registration.

Accepted Answer

The answer of Identify where a trademark is registered,what one...

Question 3

Ximena,who runs a successful real estate agency,ran across a very interesting pamphlet on customer relations.The pamphlet was fifty pages long and cost $70.00.Ximena thought the price was outrageous.Accordingly,she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees.She copied forty of the pages out of the pamphlet for each of twenty employees.A disgruntled employee informed the pamphlet's publisher what Ximena had done,and she was charged with copyright infringement.Ximena defended on the basis of the fair use doctrine.Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ximena would prevail.

Accepted Answer

The answer of Ximena,who runs a successful real estate agency,ran...

Question 4

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of ________.

Accepted Answer

A)In May 1991,the Council of European Communities adopted a directive to
protect computer programs by equating them with literary works under the Berne Convention standards.
B)In May 1991,the Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the Berne Convention standards.
C)In May 1991,the Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the Berne Convention standards.
D)In May 1991,the Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the Berne Convention standards.
E)In May 1991,the Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the Berne Convention standards.

Question 5

Paige is unhappy because a play she wrote and has a copyright on has been placed on the Internet.She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers.What would you tell her? Reference the federal law involved and its pertinent provisions.

Accepted Answer

The answer of Paige is unhappy because a play she...

Question 6

In order to succeed on a claim of trade-dress infringement,what must a party prove?

Accepted Answer

The answer of In order to succeed on a claim...

Question 7

Which of the following is not a criterion that must be satisfied before patent can be granted?

Accepted Answer

A)For patent protection to be granted,four criteria must be satisfied.First,the
subject matter of the patent must be patentable.Second,the object of the patent must be novel,or new.No one else must have previously made or published the plans for this object.Third,the object must be useful,unless it is a design.It must provide some utility to society.Fourth,the object must be nonobvious.The invention must not be one that a person of ordinary skill in the trade could have easily discovered.

Question 8

What four criteria must be satisfied in order to obtain a patent on a product,process,invention,or machine?

Accepted Answer

The answer of What four criteria must be satisfied in...

Question 9

In states that have patent local rules,which of the following procedures is different in patent litigation than in other litigation?

Accepted Answer

A)The procedures for patent litigation differ from other litigation in that: 1)after
the initial pleadings i.e. ,complaint and answer)are filed,the patent holder must file patent infringement contentions that explain in detail how the defendant infringes the patent;2)the defendant must file invalidity contentions;3)the parties identify all the terms in the patent that have special definitions and provide their proposed definitions of these terms;4)the court considers the proposed definitions and decides how the terms will be defined for the purpose of the litigation.At this point,the patent case generally proceeds as any other litigation would.
B)The procedures for patent litigation differ from other litigation in that: 1)after the initial pleadings i.e. ,complaint and answer)are filed,the patent holder must file patent infringement contentions that explain in detail how the defendant infringes the patent;2)the defendant must file invalidity contentions;3)the parties identify all the terms in the patent that have special definitions and provide their proposed definitions of these terms;4)the court considers the proposed definitions and decides how the terms will be defined for the purpose of the litigation.At this point,the patent case generally proceeds as any other litigation would.
C)The procedures for patent litigation differ from other litigation in that: 1)after the initial pleadings i.e. ,complaint and answer)are filed,the patent holder must file patent infringement contentions that explain in detail how the defendant infringes the patent;2)the defendant must file invalidity contentions;3)the parties identify all the terms in the patent that have special definitions and provide their proposed definitions of these terms;4)the court considers the proposed definitions and decides how the terms will be defined for the purpose of the litigation.At this point,the patent case generally proceeds as any other litigation would.

Question 10

Which of the following is true about software piracy in China?

Accepted Answer

A)Since 1999,progress has been made,albeit slowly.According to the Business
Software Alliance,the percentage of pirated software in computers in 2009 in China was 79 percent,down from 93 percent in 2003.
B)Since 1999,progress has been made,albeit slowly.According to the Business Software Alliance,the percentage of pirated software in computers in 2009 in China was 79 percent,down from 93 percent in 2003.
C)Since 1999,progress has been made,albeit slowly.According to the Business Software Alliance,the percentage of pirated software in computers in 2009 in China was 79 percent,down from 93 percent in 2003.
D)Since 1999,progress has been made,albeit slowly.According to the Business Software Alliance,the percentage of pirated software in computers in 2009 in China was 79 percent,down from 93 percent in 2003.
E)Since 1999,progress has been made,albeit slowly.According to the Business Software Alliance,the percentage of pirated software in computers in 2009 in China was 79 percent,down from 93 percent in 2003.

Quiz 12: Intellectual Property