2/21/11 (Robins)

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Elizabeth v American Nicholson- nicholson made a new type of paving process. Elizabeth almost completely copied it. It was tested in public in 1848 and the patent was issued in 1854. Ruled that the only way to test the patent was in the public sector, however since it was not for sale, this did not meet the standards for sale in 102. Patent is eligible as it was in experimental state.

Lough Case- prototypes were given to friends to test out on boats. 6 altogether. 2 went to a marina and one was sold on a display model, Which Lough didnt know about. brunswick then made boats with invention. Lough sued Brunswick and won, appelates then ruled for brunswick. Supreme court got case. Brunswick said his prototypes did not fall under "experiments" there was no documentation, progress reports, number was too small, no secrecy, and no control over where the prototypes went. Lough said since he is little guy, you cant expect the same records to be kept as if he was a large corporation.

Policy: 1. Public expectation of free use 2. Quick disclosure 3. reasonable time to judge value(market testing) 4. Can't game the system