StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Law of Patents - Case Study Example

Comments (0) Cite this document
Summary
This communication serves as advisory memorandum based upon the facts presented to this office by U.S.B. Chief Financial Officer, Butch Dodge. The first issue presented is the agreement signed by Gene Eyus (Gene). The agreement is between Gene and his prior employer (Frothy Beer) and it is purported to be inter alia a non-competition clause in his employment contract with Frothy Beer which, if valid would prohibit him from working for a competitor in an R&D capacity for one year following his departure from Frothy Beer…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.9% of users find it useful
Law of Patents Case Study
Read TextPreview

Extract of sample "Law of Patents"

Download file to see previous pages Purchasing Associates, Inc. v Weitz, 13 NY2d 267, 269 (1963). It should be noted that federal courts will look to the state laws when interpreting the reasonableness of a covenant not to compete or a non competition clause.
Thus the first question is where is Frothy Beer located The reason why the situs of Frothy Beer is important is because a reasonable inference of the facts indicates that part of the non-competition agreement states that jurisdiction of any dispute pursuant ot the agreement is within the United States. Judging by the information supplied, Frothy Beer is located in the United States. Because the headquarters of Awessa is located in Australia, Federal Court is the court of jurisdiction because of diversity of citizenship. Vaden v. Discover Bank --- S.Ct. ----, 2009 WL 578636 U.S. (2009).
By way of example, if Frothy Beer was located in Virginia, then the federal courts would look to the state of Virginia codes in evaluating the non competition clause between Frothy and Eyus. ...
Meissel v. Finley, 198 Va. 577, 579 (Va.Ct.App.1956) ("The possession of trade secrets and confidential information is an important consideration in testing the reasonableness of a restriction on competition.") (citing Stoneman v. Wilson, 169 Va. 239, 240 (Va.1937)). However, Paramount Termite Control Co., Inc. v. Rector, 238 Va. 171, 172 (Va.1989) notes that "Although often used as a justification for non-competition agreements, it is not necessary that the employees actually had acquired or possessed specific information that could be legally defined as confidential or a trade secret, ....")(internal quotations omitted). Here, the federal court would determine, in effect, whether Frothy Beer did or did not have any legitimate business interests worthy of protection. As a result, the district court's analysis of the restrictive covenant (here the non competition agreement) will likely be skewed by the fact that Eyus developed and applied for patents directly related to research and development of beer product within his first two years of employment at Awessa.
II. While It Appears at First Blush That Awessa Can Enter into an agreement with U.S.B. Beer, all Environmental Issues in regards to the low carb beer production should first be resolved by Awessa before U.S.B. Beer enters into any transaction or memorandum of understanding.
A patent may be awarded for either a product or a process: a product patent creates a monopoly over the manufacture, use and sale of product while a process patent creates a monopoly over the manufacture, use, and sale of a process. U.S. v. Studiengesellschaft Kohle, m.b.H. 670 F.2d ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law of Patents Case Study Example | Topics and Well Written Essays - 2000 words”, n.d.)
Law of Patents Case Study Example | Topics and Well Written Essays - 2000 words. Retrieved from https://studentshare.org/miscellaneous/1501994-law-of-patents-case-study
(Law of Patents Case Study Example | Topics and Well Written Essays - 2000 Words)
Law of Patents Case Study Example | Topics and Well Written Essays - 2000 Words. https://studentshare.org/miscellaneous/1501994-law-of-patents-case-study.
“Law of Patents Case Study Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/miscellaneous/1501994-law-of-patents-case-study.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law of Patents Case Study

Patents and Trademark Law

...Order 165976 PARENTS AND TRADEMARK LAW The facts and circumstances given in the case of Tom and Pete soil manufacturers fall under the law of patents and trademarks. A patent is the name given to a bundle of monopoly rights which give the patentee the exclusive right to exploit the invention for a given period of time 1. It is a right to stop others; an inventor does not need a positive right to exploit his own invention. On the other hand, a trademark is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods and some person having a right to use the mark 2 The commercial purpose of a trademark is to distinguish the goods or services of a company from those of its competitors...
6 Pages(1500 words)Case Study

Company Law - English law

...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2 It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4 by Parliament. Under its equitable discretion the court may disregard the apparent form of limited...
10 Pages(2500 words)Case Study

Comparison of Constructive Trust with the Remedy of Restitution under the Common Law

When trying to locate the property loss because of a transfer made under a breach of trust, there are certain issues that need to be taken into account. At the first level, the remedies available by the relevant legal texts tend to differentiate not only regarding their requirements but also their level of protection provided. On the other hand, the application of the rules of common law instead of the ones of equity has to be considered thoroughly and the party that suffered the damage has to evaluate all the parameters regarding his choice as each of the above legal paths has its own advantages. From a general point of view, it has been stated that ‘a person who confers a benefit, normally a money payment, under a mistake,...
12 Pages(3000 words)Case Study

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages(2750 words)Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

English Administrative Law

In other words, just as the public is accountable to the government the government is likewise accountable to the public by virtue of judicial review. While these restraints on executive powers appear to compromise Parliamentary sovereignty, it is not necessarily so, since Parliament always retains the power to legislate against any decision rendered by the courts.2 The discussion that follows examines the restraints placed on the executive and the manner in which it could conceivably challenge concepts of parliamentary sovereignty in the context of the Court of Appeal’s decision in R v Secretary of State for the Home Department ex parte Fayed [1997] 1 All ER 228.
On the facts of the case, R v Secretary of State for the...
8 Pages(2000 words)Case Study

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Law of Patents Case Study for FREE!

Contact Us