Bonito Boats vs. Thundercraft- Analysis

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Argued Dec. 5, 1988-Feb 21, 1989


Basic summary-

1. Bonito Boats makes fiberglass recreational boats and has a mold design for the Model 5VBR.

2. Sell for 6 years

3. No patent

4. Florida state law enacted prohibits selling products from direct molding process without patent

5. Thunderboat sues on the grounds that Bonito Boats breaks this statute and wants damages, injuntive relief, and legal fees.

6. Court rules in favor of the defendant under Supremacy clause


Supremacy Law

a)state is getting in the way of creative public conceptions for free trade and competition

b)Protection?

c)Requiring patents stalls significant advances in technology

d)State may not make rules in intellectual creation if Congress has left it free


Lawyers

Petitioner: Tomas Morgan Russel, w/ Granger Cook Jr, John Schoene Respondent: appointed- Charles E. Lipsey, w/ Donald R. Dunner

Judge

J. O'Connor