Bonito Boats notes 1/21/11: Difference between revisions
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-Bonito Boats: No patent filed for the utilitarian or design aspects of the hull or manufacturing process (sprayed-fiberglass mold) by which the finished boats were produced. | -Bonito Boats: No patent filed for the utilitarian or design aspects of the hull or manufacturing process (sprayed-fiberglass mold) by which the finished boats were produced. | ||
-After 6 years of production, a Florida statute prohibited the use of a direct molding process to duplicate unpatented boat hulls, and the sale of them. | -After 6 years of production, a Florida statute prohibited the use of a direct molding process to duplicate unpatented boat hulls, and the sale of them. | ||
-Bonito Boats filed action against Thunder Craft for violation of the Florida statute. | -Bonito Boats filed action against Thunder Craft for violation of the Florida statute. | ||
-Conclusion: dismissed due to confliction with federal patent law, therefore the Supremacy Clause rules federal patent law higher than state law. | -Conclusion: dismissed due to confliction with federal patent law, therefore the Supremacy Clause rules federal patent law higher than state law. | ||
Latest revision as of 01:45, 21 January 2011
-Bonito Boats: No patent filed for the utilitarian or design aspects of the hull or manufacturing process (sprayed-fiberglass mold) by which the finished boats were produced.
-After 6 years of production, a Florida statute prohibited the use of a direct molding process to duplicate unpatented boat hulls, and the sale of them.
-Bonito Boats filed action against Thunder Craft for violation of the Florida statute.
-Conclusion: dismissed due to confliction with federal patent law, therefore the Supremacy Clause rules federal patent law higher than state law.
