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Business & Marketing
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Video Case Study #15: Intellectual Property Get Sued (Essay Sample)


Complete Video Case Study #15: “Intellectual Property: Click Here, Get Sued.”
To access the case study, go to McGraw Hill Connect (note you will need to launch McGraw-Hill Campus in a new window).
Select "Connect" to the BUS 641 Resources.
Click on the "Library" tab.
Then click "Student Resources." You will then be taken to the McGraw Hill Student Resource Site.
In the left column, select "You Be the Judge." This will bring you to a list of video case studies for the course.
Click on Case Study #15 to get started on this week's exercise. When you are finished, click "Print."
Please use google chrome
In addition to the PDF, complete the following:
IRAC Analysis (1-2 pages, described below)
Include your reaction to the case and whether you believe the judge came to the correct conclusion.
Are there any missing facts which would help sway someone to your position?
For the assigned video case studies, you are to complete a 2-3 page IRAC analysis for each video. An IRAC analysis includes four specific topics and your paper should include these four separate sections: Issue, Rule, Analysis, and Conclusion. Your paper should also have a Reaction section after your conclusion that discusses your reaction to the judge's ruling and to the case.


Video Case 15
Issue: should Samuel Higgins change his business practices since Maureen Garner claims that he infringed on her patent rights of using similar online technology design for selling shoes online.
Rule: According to the judge, Mr. Higgins did not intentionally develop similar product and process, however. Mr. Higgins did not have to intentionally have come up with similar products and use similar technology to make it an infringement. The judge ruled that in this case, the patent claimed by the plaintiff was not valid because for her the patent itself was not novel or non-obvious. The judge did not see any reason for Mr. Higgins to change his business practices at all.
Analysis: the fact that Maureen Garner wanted to stop Mr. Higgins and his store because she believed that the defendant had infringed on her patent rights to the design by using a similar product and process selling shoes online. Her patent claim was not valid. Mr. Higgins did not infringe any pertinent rights Mr. Haggins arguments is valid because all online shoe products offer similar services using common designs which are obvious. For him, this was a common sense customer service, and the plaintiff did not have to claim any patent rights. The plaintiff assumed that she had a non-obvious patent that was not true in this case.
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