Patent Quick Reference Flashcards

1
Q

Secondary Considerations:

A
U.	Unexpected results 
C.	Copying by competitors 
C.	Commercial success (rubik's cube) 
P.	Proper failure of others
I.	Independent development
L.	Long felt unresolved need (selling of 1M units in 1 day)
L.	Licenses
S.	Skepticism
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2
Q

Experimental Use

A
  1. • Control of the invention
  2. • Monitoring of the experiment
  3. • Purpose or intent in testing invention (red. to practice)
  4. • ascertaining the proper results
  5. • making alteration when deemed necessary
  6. • unrestricted use by others
  7. • compensation for use or for profit
  8. • payment of expenses
  9. • retention of ownership
  10. • whether the experiment was on the claimed item
  11. • markings or contracts of confidentiality and secrecy
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3
Q

Corroborative Evidence

A
  1. relationship between the witness and prior users
  2. the time period the event in trial
  3. interest of corroboration witness in the subject matt in suit
  4. contradiction or impeachment of witness testimony
  5. extent and details of corroborating testimony
  6. witness familiarity with the subject matter of patented invention and prior use
  7. probability that a prior use could occur considering the state of the art at the time
  8. impact of invention on the industry, and the commercial value of its practice
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4
Q

ordinary skill in the art:

A
  1. education level of the inventor
  2. type of problems encountered in the art
  3. prior art solutions to those problems
  4. Speed with which inventions are made
  5. sophistication of the technology
  6. educational level of active works in the field
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5
Q

Undue Experimentation

A
  1. Quantity of experimentation
  2. direction/guidance provided for the experiment
  3. presence of working examples
  4. nature of the invention
  5. state of prior art
  6. skilled in the art
  7. predictability of the art
  8. the breadth of the claim
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6
Q

Willful Damages

A
  1. look at deliberate copying
  2. good faith belief on invalidity based on non-infringement opinion
  3. behavior in litigation
  4. defenders size and financial condition
  5. closeness of the case
  6. duration of the misconduct
  7. remedial action by the ∆ (make changes to get away from patent)
  8. ∆ motivation for harm (hurt yourself short term to kill someone else, to help you long term)
  9. whether the ∆ attempted to conceal the misconduct (dirty hands, destroy all evidence)
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