Read Bilski v. Kappos, Director, Patent and Trademark Office, — Cheeseman text page 162
Respond to the three Case Questions found in Cheeseman text page 162
1. Is it often difficult for the U.S. Patent and Trademark office to determine the patentability of claims in paten applications?
2. Do you think that it was obvious that hedging is an abstract concept that cannot be patented?
3. Does the paten system promote or detract from business innovation?
Brief the facts of the case and assume your boss is seeking your opinions as noted in the Critical Legal Thinking, Ethics and Contemporary Business – argue both sides of all three issues.
Briefing Paper part 2: Law Case with Answers
Read Retail Services Inc. v. Freebies Publishing — Cheeseman text page 176
Brief the facts of the case and assume your boss is seeking your opinions on whether the Zannons should be compensated for the Patent Office’s original mistake? Argue both sides of these issues.
Briefing Paper part 3: Critical Legal Thinking Cases
Read Sections 5.8 Supremacy Clause (p. 106); 6.6 Negligence (p. 127-128); 7.7 Privilege Against Self-Incrimination (p. 153); 8.8 Copyright Infringement (p. 178) and 6.3 Strict Liability (p. 127)
Check the decisions of the highest appellate courts for each fact pattern.
Briefing Paper part 4: Ethics Case Instructions:
Read Section 5.10 Ethics – Cheeseman text page 106-107
Brief the facts of the case and assume your boss is seeking your opinions on the three questions found at the end of Section 5.10. Argue both sides of all issues.