Patent and Its Infringement Assignment

PART D CASE STUDY (45 MARKS) Answer any three (3) questions out of the following four (4) case study questions. If you answer more than three (3) questions, only the first three (3) questions will be marked. Each question is worth 15 marks. 34. Jack picked up an envelope from a law office. It was addressed to We Are Not Criminals Inc. to the attention of William, Fraud Specialist department. While doing his rounds, Jack put the letter in his bag, which made it the sixth identical letter received for the same address. He dropped the letters off at We Are Not Criminals Inc. before they closed. The next day he realized that one of the letters was still in his bag, stuck inside a fold in the lining. The letter ripped when Jack removed it from the lining. The contents of the letter could be easily read. Jack returned to We Are Not Criminals Inc. William, fraud specialist, put him in a room with no windows and locked the door. We Are Not Criminals Inc. has been under investigation by the police, for corruption, bid-rigging, and price maintenance. William returned an hour later and told Jack that he was not going to get out of the room unless he told him who he showed the letter to. William also told him that he would not like what would happen to him if he did not tell the truth. Discuss the issues raised in this case? What advice would you give to Jack if he is able to get away from William? Is there anything wrong with corruption, bidrigging, and price maintenance? Under what statute would We Are Not Criminals Inc. be charged?

35. Winston purchased 1 kilogram of ground beef from John's Meat Market. The package was labeled lean ground beef and had been located in a freezer under a sign that advertised Special Sale: $1.99 per kilogram. Winston's friend, who was a meat inspector at a local packing house, examined the meat and told him that in his opinion the meat was not lean ground beef but regular ground beef that contain close to 40 percent fat. Winston returned the beef to John's Meat Market and was told that the clerk mislabeled the beef as lean ground beef and that it was actually regular ground beef at $1.99 per kilogram. Discuss the issues raised in this case and the legal position of Winston and of John's Meat Market.

36. Two Fingers carried on business as an independent consulting engineer. In addition to providing usual engineering work for firms, he also designed a number of production processes and unique production equipment used in the production process. He obtained patent protection on both the production process and the equipment. He arranged with a local manufacturer known as Frogie to produce the package which he would supply and license users to use in their production of goods. Several years later Frogie, after examining Two Finger's design, developed a new and more efficient type of machinery that performed the same work as Two Fingers' equipment. Frogie applied for a patent. Two Fingers discovered that Frogie was applying for a patent. Two Fingers contacted Frogie and told them that he was not going to permit them to use the new design with his production process. Discuss the arguments of the parties. How is the dispute likely to be resolved?

37. Joan operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground and Joan was constantly ordering the children off the premises for fear that they might be injured by a motor vehicle. Recently, Joan has suffered several break-ins into her bowling alley by thieves who used the roof as a means of gaining access to the property. Unable to receive any assistance from the police, Joan took matters into her own hands and imported the largest python she could find. She called the python Avenger. She created a living area for the python near the area accessed by the thieves and said with pride, that would show them. Two young boys, about six years of age, who Joan named Trouble and Nuisance, continually climbed onto the roof of the bowling alley using the fence at the back of the building. Joan had ordered them off the roof on several occasions but Trouble and Nuisance did not listen to Joan and would return within minutes once she was out of sight. Trouble and Nuisance continued to use the roof in spite of Joan's warnings. On one occasion, when Joan was away, Trouble and Nuisance, climbed onto the roof and walked towards Avenger's living area occupied and guarded by Avenger. Avenger quickly wrapped himself around Trouble. Nuisance, terrified at the site of the Avenger and shocked at Trouble about to be consumed by Avenger, lost his footing as he tried to runaway from Avenger. Nuisance fell to the ground and was seriously injured. Avenger, escaped into a nearby sewer with Trouble. December 14th, 2011, marks the first anniversary of the disappearance of Avenger and Trouble. Trouble and Nuisance's family brought an action against Joan. Discuss the liability of Joan and her defences if any. Render a decision.

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