1/21/11 : Bonito Boats notes: Difference between revisions

From Bill Goodwine's Wiki
Jump to navigationJump to search
Hamburgler (talk | contribs)
No edit summary
Hamburgler (talk | contribs)
No edit summary
Line 7: Line 7:
-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 by Florida Court of Appeals and the Florida Supreme Court due to confliction with federal patent law via the Supremacy Clause; federal patent law rules higher than state law.
 




'''Notes and Facts of the case'''
'''Notes and Facts of the case'''


-eg
-

Revision as of 01:51, 21 January 2011

Case Summary

-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 by Florida Court of Appeals and the Florida Supreme Court due to confliction with federal patent law via the Supremacy Clause; federal patent law rules higher than state law.


Notes and Facts of the case

-