Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 13

Patent Infringement As a cattle rancher in Nebraska, Gerald Gohl used handheld searchlights to find and help calving animals (animals giving birth) in harsh blizzard conditions. Gohl thought that it would be more helpful to have a portable searchlight mounted on the outside of a vehicle and remotely controlled. He and Al Gebhardt developed and patented practical applications of this idea-the Golight and the wireless, remote-controlled Radio Ray, which could rotate 360 degrees-and formed Golight, Inc., to make and market these products. In 1997, Wal-Mart Stores, Inc., began selling a portable, wireless, remote-controlled searchlight that was identical to the Radio Ray except for a stop piece that prevented the light from rotating more than 351 degrees. Golight sent Wal-Mart a letter claiming that its device infringed Golight's patent. Wal-Mart sold its remaining inventory of the devices and stopped carrying the product. Golight filed a suit in a federal district court against Wal-Mart, alleging patent infringement. How should the court rule Explain. [ Golight, Inc. v. Wal-Mart Stores, Inc., 355 F.3d 1327 (Fed.Cir. 2004)]