You Be the Judge Intellectual Property
11/19/2019 Week 5 - You Be the Judge Intellectual Property
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Week 5 - You Be the Judge Intellectual Property
Due Sunday by 11:59pm Points 50 Submitting a file upload
Video Case Study Rubric Bird
Submit Assignment
Complete You Be the Judge Case Study #15: “Intellectual Property: Click Here, Get Sued.”
http://highered(dot)mheducation(dot)com/sites/0078023858/student_view0/you_be_the_judge.html
(http://highered(dot)mheducation(dot)com/sites/0078023858/student_view0/you_be_the_judge.html)
Once you have completed the case study, you will need to write a two-page paper on the module as follows:
IRAC Analysis (2 pages, described below)
Reaction Paragraph
Do you believe the judge came to the correct conclusion?
Are there any missing facts which would help sway someone to your position?
IRAC stands for Issue, Rule, Analysis, Conclusion, and it's a method for organizing legal analysis so that the
reader can follow your argument. You should organize your IRAC analysis into four labeled sections as
follows:
Issue State the question or problem that you are trying to answer
(what might bring the parties into court). This can be in the
form of a question or a statement depending on what your
reader prefers.
Rule State the rule or legal principle. This may take the form of
stating the elements required for a prima facie case.
Analysis State your evidence and explain how you will arrive at your
conclusion. You should cite to the case law presented in the
module, discuss policy implications, and discuss any cases
that run counter to your conclusion.
Make sure that you weigh both sides and make
counterarguments where appropriate.
Use case law, analogizing and distinguishing, and policy (for
example, the goals of tort law) to work your way to a
conclusion.
Conclusion State your conclusion as a result of the analysis.
11/19/2019 Week 5 - You Be the Judge Intellectual Property
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Total Points: 50.0
Criteria Ratings Pts
7.0 pts
7.0 pts
10.0 pts
6.0 pts
10.0 pts
10.0 pts
Issue
Issues are unresolved questions that arise when there is
factual or legal ambiguity in a case. Student should
identify the legal questions that are to be answered based
on the scenario.
7.0 pts
Student
meets all of
the Criteria
elements.
4.0 pts
Student fails
to meet at
least 1 of
the Criteria.
0.0 pts
Student fails
to meet two
or more of
the Criteria.
Rule
The student must provide a statement regarding the
particular rule or rules that pertain to the issue or issues in
the case. This section should be a legal summary of all of
the rules used in the analysis section that comes after.
7.0 pts
Student
meets all of
the Criteria
elements.
4.0 pts
Student fails
to meet at
least 1 of
the Criteria.
0.0 pts
Student fails
to meet two
or more of
the Criteria.
Analysis
Student's must analyze the case by discussing the issue
and rule, and using the facts of the case to explain how
they reached their ultimate conclusion regarding the case.
10.0 pts
Student
meets all of
the Criteria
elements.
5.0 pts
Student fails
to meet at
least 1 of
the Criteria.
0.0 pts
Student fails
to meet two
or more of
the Criteria.
Conclusion
Student's conclusion restates the issue, rule, and analysis,
provides an engaging "wrap up" of the paper, and explains
the student's ultimate conclusion regarding the outcome of
the case. The conclusion should flow naturally from the
analysis.
6.0 pts
Student
meets all
of the
Criteria
elements.
3.0 pts
Student fails
to meet one of
the specific
Criteria
elements.
0.0 pts
Student fails
to meet two or
more of the
Criteria
elements.
Reaction
Student discusses their impression and opinion as to
whether the Judge came to the right conclusion. Student
supports their reaction by citing to specific facts and
situations in the case and ensuring that their reaction is
well reasoned and supported.
10.0 pts
Student
meets all
of the
Criteria
elements.
5.0 pts
Student fails
to meet one of
the specific
Criteria
elements.
0.0 pts
Student fails
to meet two or
more of the
Criteria
elements.
Professional Writing
Student demonstrates mastery of professional writing
standards by ensuring they do not have substantial
grammar, usage, syntax, or other writing errors in their
submitted product.
10.0 pts
2 or fewer
grammar,
usage,
syntax, or
other writing
errors.
5.0 pts
2 to 4
grammar,
usage,
syntax, or
other
writing
errors.
0.0 pts
4 or more
grammar,
usage,
syntax, or
other writing
errors.
11/19/2019 Week 5 - You Be the Judge Intellectual Property
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You Be the Judge Intellectual Property
Name:
Institution:
You Be the Judge Intellectual Property
IRAC Analysis
Issue
The main issues in Maureen Garner versus Samuel Higgins is the question of whether Miss Garner's patent was infringed and also whether it was valid in the first place.
Rule
In the United States, five major basic principles form the basis of determining patent eligibility of any subject. The five elements that judges use to determine the validity of patents are as follows; the topic being covered must be within the parameter of patentable items as defined by the Congress. According to Congress, the patentable subject matter is defined as any novel and useful process, machine, manufacture or composition of matter. Secondly, the patentable invention must also be helpful or have a utility. The invention must also be new, novel and non-obvious. Finally, the inventions must also be kept the secret away from the public before initiating the patent application process (Bently & Sherman, 2014).
Analysis
In the case of Miss Garner versus Mr Higgins, the judge used several elements to reach a verdict to invalidate Garner's patent. In her ruling, she found Higgins to have infringed on Garner's determination. This was because Higgins seems to have copied the process that Garner used to sell her products. On the other hand, the process was being used by Higgins to sell more or less similar products that Garner primarily used to offer. However, the judge found no illegality committed by Mr Higgins. This is because Garner’s patent never met all the valid eligibilities and out of the five principles listed above, Garner's copyright only met two. The first was that the invention was within the Congress defined parameters of patentable inventions. Secondly, the process of selling on the internet also had its utility.
On the contrary, the paten...
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