1-26-11

assignment- take patent an come up with related object, in terms of what was said in last 3 cases.

bonus answer- differing verdicts from case perspectives.

Patent=novelty+utility+nonobviousness

[Hotchkiss v. greenwood]

patent in dispute: new clay doorknob instead of wood and metal

recieved patent

plaintiff: new material and way it was made is not inventive. defender: newer material is cheaper and stronger, debatable attachment.

bill of exceptions: putting together may be novel, rather than material being different.

not many statutes in case summary.

Goodwine: ultimaatel describing jury instruction facts- ury implication of facts-judge he gives instruction did you find this, that, ...whats your punishment... in this case is combination an invention

whats one feature of a combo that should be patentable? the combo does something new and better. first to successfully combine them. (non-obvious inventiveness)

nothing is being promoted if its easy.

benefits of invention: cheaper, more effective, last longer, faster, etc

-chuck left, then tripped, ryan and krissy sniggered.

patent invalid after validity- burden of proof on defendent

patent reversed because different material isnt a different invention. Only better because of superior material property, not to do with an inventive act.

Dissenting opinion:clay is an advance, should have been patentable.

-chuck returns

better cheaper has properties of promoting science (but he suggests no skill in the art is required- which is not true anymore)

dissenter is closer to real (long felt needs accomplish, and combos with skill in art qualify patent)

precendents- most not supreme court precedent, buut have value as important decision.

[A&P Tea Co. v SuperMarket corp]

Krissy looked up patent like Goodwine. 5 points to gryffindor

truly combo of things.

patent holder sued for infringement, lower courts awarded patent holder. Appeals to highest court. Combo ruled that made of previously known parts.

Patents for progress of art of science. must be hard, advancement, and important. makes standard higher.

now, nonobviousness absorb the ambiguity which government needs to "lower" or free standards. enables more investment in advancement.

example-may be need for an odd frequency laser. if need for a long time, by implicaition, not obvious.