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*******Assignment Due 2nd. Class Session

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PostPosted: Tue Aug 30, 2016 3:03 pm    Post subject: *******Assignment Due 2nd. Class Session Reply with quote


Hypothetical Number One:

Article 1, section 8, clause 8 of the U.S. Constitution: Congress granted power to enact laws giving inventors the exclusive right to their discoveries. Pursuant to this power: Congress enacted federal patent laws establishing the requirements to obtain a patent. After a patent is granted, the patent holder has exclusive rights to use the patent. Bonito Boats, Inc. (Bonito) developed a hull design for a fiberglass boat that it marketed under the trade name Model 5VBR. The manufacturing process involved creating a hardwood model sprayed with fiberglass to create a mold. The mold then served to produce the finished fiberglass boats for sale. Bonito did not file a patent application to protect the utilitarian or design aspects of the hull or the manufacturing process. After the 5VBR was on the market for six years, the Florida legislature enacted a statute prohibiting the use of a direct molding process to duplicate unpatented boat hulls and forbid the knowing sale of hulls so duplicated. The protection afforded under the state statute was broader than that provided for under the federal patent statute. Subsequently, Thunder Craft Boats, Inc. (Thunder Craft) produced and sold boats made by the direct molding process. Bonito sued Thunder Craft under Florida law. Is the Florida statute valid?
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