Class Notes 2/21/2011 (Fernando Rodriguez)

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Elizabeth Case

Charges
  • Not novel- other previous art (British patents)
  • Public use
  1. Mil-dam road: 1848
  2. Privately owned tall road for 6 years (test)
  3. Application was issued 1854 reissued 1867
Evidence of Experimentation
  1. Keep records
  2. No profit
  3. confidentiality
  4. Control
  5. "He was there ever day" observation
  6. No other way to test
  7. Time scale needed for testing
Result: Patent held not in public use
He was testing to ensure it worked

Boat Case

Lough constructed 6 prototypes, 1 for himself, 3 for close friends, 2 friends who owned a marina installed in display boat and that was sold (Laugh didnt know), he won the trial sued Brunswick (CAFC won JMOL(Judgement on matter of law)

Experiment
There was a dissent as he thought that he was not a company so more casual experimentation is ok
Not Experiment
  • No documentation
  • No progress reports
  • Number not justified as experiment
  • No secrecy
  • Control

Policy

  1. Public expecction of free use
  2. Quick disclossure
  3. Reasonable time to judge value (market testing)
  4. Can't get the system
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