Patent Case Studies Samples For Students

PART 1

Summary
The copyright laws and right of ownership are controversial as different players or parties debate on the issue. One of the widely and globally controversial is a wildlife photographer whose camera was snatched by the monkey taking form of self portrait ‘selfie’ photographs. The photographer decision to sell the images to some of the leading search engines companies went viral with Wikipedia being the last resort. The implications on the Australian laws as the wrangles between the photographer request for the removal of the photos from Wikipedia unfolded. The respective entities entailed refusal of Wikipedia to remove the ...

The GIF program, which is used by software developers, was used to a large extent by software developers who needed to use the software to compress images. The software was made available to software developers by CompuServe Information Systems. The software, however, used the LZW algorithm which was patented by Unisys . Software companies often employ numerous and diverse programmers to come up with software which they can obtain patents for, to avoid others from using the product or creating others that are identical until the patent has run out. The patent also allows the patentees to sue anyone who ...

Monsanto Co. (MC) v. Coramandal Indag Products Ltd. (CIP)

MC had alleged violation of patent by CIP. The patent in question related to the CIP inventions titled Phytotoxic Compositions and Grass Selective Herbicide Compositions contained the active ingredient named Butachlor which was duly patented by the plaintiff appellant.

Procedural History

The case was before the judicial system of India. It had first been heard in the trail Court and a ruling reached in favor of the defendants as the lower court held that the said patents were not existent and that the defendant respondent had not violated any patent thereof. The case ...

Intellectual Property Case Study

Part 1: Introduction

The purpose of this report is to highlight the procedural requirements that an investor must accomplish before an invention or any product design is released into the market. In the course of an invention, it is a legal obligation that the rightful owner must define the product and distinct it from other related products available. Therefore, the proprietor defines the property rights, the trademark, product design and the product accordingly acquires due recognition within the trade domains.

Registered Design:

According to the United Kingdom’s Design Act, a design describes the overall description of a new product. The description pronounces the ...

[First Last Name]

Business Ethics [Number]

[Date Month Year]
W.R. Grace (Neemix): A Case Analysis
I. Context: History, Circumstances, and Possible Ethical Issues
It was not until 1959 when the powerful insecticidal effect of the Neem trees in India received notice from a German entomologist who observed it spared from a swarm of locust that devoured all nearby foliage (Marden 283-291). Farmers, since immemorial time, had been using the Neem emulsion as crop insecticides. Researchers in India and certain parts of the world identified the active ingredient as azadirachtin, which is not toxic to humans. Researchers in the United States innovated ...

The software industry is an information intensive industry, whose output consists of well coded instructions that guide in the operations of gadgets like phones, smart machines, computers, and tablets. The inputs and outputs of this trade consist of intangibles, the prices of which contain substantial Schumpeterian payments. The rewards of innovators in the software industry of the 1990s were extraordinary, illustrated by the meteoric rise of Bill Gates to control the largest individual wealth in the world. The current software industry is consequently an extreme sample of an industry where the revenues to innovators investments, and in other cases ...

Introduction

David is an enterprising person who should be given an opportunity to carry out his business operations with minimal interference. Just like any other entrepreneur, his rights should be fully protected and safeguarded by the law. This is the only way through which he can be motivated to continue dealing with his products. Likewise, all the other players in this industry should be protected as well. As we all understand, film is a very sensitive industry that requires a lot of support from the government. This can not only be done through offering financial support and also through enforcing just laws ...

When an entity conceives an original idea or concept that can benefit the society, such an entity should benefit from the fruits of their labour. Intellectual property laws build on this premise and seek to safeguard intellectual assets, such as formulas, inventions, innovative development, and creative work, from exploitation by third parties. For an invention to qualify as intellectual property, it must meet particular requirements. Primarily, the invention has to be novel. This means it does not exist in any other form or as a different artifact. The general term used to denote previously existing form, such as written ...

Walmart Stores v. Cockrell (2001)

Issue: Does the shopkeeper's privilege protect Walmart from the liability under the circumstances of the case?

Rule of Law: Given the notion of the shopkeeper'e privilege, this rule allows the supermarkets to detain, stop or conduct the investigation of the shoplifters in case of any suspicion exists. In this case the supermarket does not responsible for such false imprisonment if there are reasonable grounds for the denetion of such a kind, within reasonable time, while the investigations of reasonable person is provided in reasonable manner (Cheeseman, 2014. p.88).
Analysis: At first, the Court considered the elements of false imprisonment. It stated that Cockrell was detained by the officer of Walmart ...

Recommendations for AbbVie’s Overdependence on Humira

Patent Cliff and AbbVie
Patent Cliff, referred as drop in sales after the patent expires, is a global revenue threat to major pharmaceutical companies. Around 45% revenue dependence on a single medicine, Humira, by AbbVie is quite high in comparison with the industry, and the company can face major drop in revenue after the year 2016. As this product is currently a hit in the market, there are already many companies who have developed a biosimiliar of this medicine. These biosimiliars will be launched in the market after the patent expiry in 2016. Apart from major drop in revenue, the company is ...

Website: http://www.keuriggreenmountain.com/

Industry: Produces and sells coffeemakers, specialty coffee, and related products (teas, hot cocoa, among others).

BACKGROUND and HISTORY
Green Mountain Coffee Roasters was created in 1981 in Vermont, as a small specialty coffee roaster, which expanded rapidly in the next 20 years. The company acquired the brewing-machine maker Keurig in 2006. It was a publicly traded company from 1993 to December 2015, when investors led by JAB Holding Company acquired GMCR for the amount of $13.9 billion (Yahoo Finance).
GMCR describes itself as a “personal beverage system company revolutionizing the beverage experience through the power of innovative technology” (Keurig Green Mountain, Inc.). Their portfolio is comprised of 80 brands and more than ...

Analysis of the Documentary Food, Inc. through the Lens of Ethical Theories and Ideas

Some may wonder whether the food choice is an ethical issue. After all, we make these choices at least three times a day and our individual decisions influence the global industry of food growth, production and processing. As Jones, Cardinal and Hayward remind us, we exist in society and are connected to other people. This is why our choices, in our case, the food choices, affect other people, and their decisions influence us as well (2006, p. 3). Various theories of ethics propose different ways of viewing the problems of food production and consumption and seek solutions in distinct ...

W.L Gore & Associates looked forward to the development of an organization which managed its operations with the help of strategically segregated functional units. The lattice structure of management proved to be a major game changer in the multi-fold growth that Gore & Associates experienced and the key was a basic approach towards well defined goals in small groups. It will be interesting and important to look at the entire organization structure from a SWOT perspective.
The mission W. L. Gore & Associates should be to ensure sustained productivity and constant addition of new products with the help of innovation and teamwork, the valuable ...

Plumply’nut has been well received since its release. So far, it has been successfully serving its purpose of combating the worldwide problem of malnutrition. Most notably, it has started to affect one of the less industrialized countries and considered desperately poor in the world, Nigeria. Anderson Cooper from CBS News, together with the Nobel Prize awardee relief group Doctors Without Borders, featured the region. They stated that it was the worst and most rampant site of malnutrition. Two years later, it was claimed to have the lowest malnutrition rate (CBS, 2007).

Despite this, there are still millions ...

1. What is Bajaj’s strategy in the Indian motorcycle industry? And that of TVS?
Historically, Bajaj was a strong player in the scooter segment. It dominated the scooter market for few decades, but the scooter market faced a decline with the arrival of motorcycles. Bajaj planned to make an entry into the lucrative motorcycle market. It initially started its foray into the 100cc segment but was not successful as Hero Honda’s products were quite superior and economical. It then entered the 150cc segment because that segment was relatively competition free. With the successful launch of Pulsar and Avenger, Bajaj ...

Market structures Franchise firms are granted the rights to operate their businesses in particular locations. They include companies dealing with fast foods, automobiles, financial services, cleaning and other products. The MacDonald’s is one of the largest franchise firms operating in the restaurant industry. The company deals in fast foods, with over 35000 branches worldwide. The firm, just like any other businesses is faced with stiff competition, but it has remained in the company due to the business strategies it employs to beat the competition. It advertises its products on the billboards, television, radio, newspapers, and it is involved ...

333 U.S. 364, U.S. v. United States Gypsum Co. (1948)

Abstract

The case is between United States v United States Gypsum Co 333 U.S.364 (1948). United States was the plaintiff while the United States Gypsum Company was the defendant. The case was argued on 14th and 15th November 1947. However, it was decided on 8th March 1948. The facts of the case were that the defendants had violated the Sharman Act. They acted in a manner which was likely to eliminate competition in the industry. The first defendant, who was dominant in the Gypsum industry, granted patents to another defendant who ...

Q1: Provide at least two examples of EACH type of Intellectual Property.

Patents, copyrights, trade secrets and trademarks are the four forms of intellectual property. Utility, design, and patents are the three kinds of patents. On the other hand, the different forms of trademarks are brands, company names, and logos. On the contrary, the different forms of trade secrets are marketing plans, product formulas and employee rosters. Copyrights take forms in live recordings, photos or artistry (Bouchoux 4).

Q2: How can an intangible asset create value for an organization? Explain with examples.

An intangible asset such as trademark increases the organizational value by safeguarding the company production secrets from being stolen. An example of a trade secret is the coke’s formula. Nonetheless, an intangible ...

Graduate Student

Strategic management is essential if a company intends to achieve its goals. There is a need for a clear course of actions based on the environmental scan, strategy formulation, implementation, evaluation, and control. A company can gain a competitive advantage over the others in the industry taking into consideration all these aspects. It is through good strategies, customer and employee satisfaction that saw Google grow to become a giant corporate in the internet search industry. However, according to Ryan (2010), recent studies indicate that the company revenues have reduced to a significant figure as compared to its performance from ...

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Analysis of the United Display Cases, Inc. (UDCI)

UDCI believed it has a good product but he still hasn’t able to attract investors or convince banks for financing. For this goal, UDCI needs to present its break-even operating capital and projections of production volume that will yield maximum profitability. A successful product launch can be a major point in convincing financiers and it would need a cost-effective marketing strategy as current finances are limited.
For its plan to distribute through, it needs to determine a price it will pass to retailers that can generate more sales than direct selling.
There are no direct ...

Plaintiff (π): Association for Molecular Pathology et al.

Defendants (Δ): Myriad Genetics, Inc.
Appellants: Myriad Genetics, Inc.
Respondent: Association for Molecular Pathology et al.
The important facts of the case:
BRCA1 and BRCA2 genes were discovered by Myriad Genetics, Inc. These genes were found to increase the risk of breast and ovarian cancer substantially.
Myriad Genetics Inc. was involved in developing several tests that could detect the gene mutation leading to the increment in the cancer risk.
In addition to this, Myriad took the patent on those genes and took the exclusive rights that could prevent others from

Researching on the topics related to those genes

Conducting tests and establishing labs to conducts the test ...

1-Strategic rationale: what are the primary reasons for the acquisition?

In September 2013, Microsoft acquired Nokia at a cost of $7 billion in a bid to strengthen its (Microsoft) position as one of the leading players in the mobile universe. The strategic rationale was in response to the fierce competition in the industry. Microsoft desires to enhance its market competitiveness. Before the partnership with Nokia, Microsoft was virtually irrelevant in the mobile market but its acquisition of Nokia has enabled the company makes inroads in the lucrative smartphone industry. Nokia smartphones run on Microsoft’s Windows Phone 8 operating system. Sale of Nokia smartphones has gradually increased, and Microsoft would benefit ...

The recommended architecture to be used for the payroll program is that of client/server architecture. With this architecture, there is one application which is installed in the main server of the company. One application will be installed in the server which is located at the main data center in the headquarters. This is where the main applications will be installed. The users who are located in the different branches will access the application through the network. This will mean that there is no need to install the applications in different computers. There will only be one application being installed. ...

Summary

Merck is an organization that operates within the pharmaceutical industry. The pharmaceutical industry is considered to be one of the most lucrative industries in the universe. This is largely attributable to the comparatively low number of organizations that operate within this industry. The pharmaceutical industry is one which demands that all of the organizations operating within this industry should be capital intensive. This is mainly due to the nature of equipments which are used for the manufacturing of medicine. The medicine is usually manufactured through the use of highly sophisticated equipment which are normally very expensive. In addition to ...

Introduction

Pharmaceutical industry has existed for many years and plays an integral role in the economic development. The industry develops, process, manufactures, and markets various drugs and other pharmaceutical products, which are used for medication purposes. In essence, the industry does not only deal with processing, marketing, and development of drugs and pharmaceutical products, but renders quality medical services and champions the discovery of generic and brand drugs. In most cases, pharmaceutical industries are subjected to stringent laws, policies, and regulations, which provide an elaborate and effective framework of operation in and within the industry (Tharp, 2003). Pharmaceutical companies are ...

U.S. v. Gypsum Co. (1950)

Question 1

This was a case, which was argued on October 19, 1950 and decided on November 27, 1950. The proceeding was actually filed in the year 1940 in District Court of United States for Colombia District by United States under the Attorney general’s authority. The complaint that was charged was a long –continued conspiracy or plot by the defendants in the restraint of trade in the gypsum products amongst numerous states and in Columbia District, and a like monopoly, all in desecration of Sherman Antitrust Act.
The defendants, appellees or respondents in this case, were the ...

Discussion of the case

The case study is about the major incidents in the United States of America in October 2001. The country experienced a series of physical and biological terrorism acts. This created fear and tension among the citizens as they sought protection from the terrorism activities. The physical attack involved destruction of property and death of people due to the bombing by the Al Qaeda group. The biological terrorism involves an outbreak of anthrax disease in the United States. The two terrorism activities took place in the month of September and October in 2001. There was an attack by the Osama Bin ...

Introduction

Corporate responsibility assumes many other names based on context. Whatever the name one gives the concept, corporate responsibility aims to encourage businesses and corporations to assume the responsibility for its actions an enhancing positive impact by way of its activities towards its consumers, communities, employees, stakeholders and the environment. The concept has been the subject of scholarly debate for a while now. From the debate, scholars have postulated three perspectives of the concept of corporate responsibility. These are the social economic, the classic economic perspective and broader social perspective. This paper will review the implications of the three perspectives on ...

The case analysis looks at the characteristics of the Optical Distortion Inc. (ODI) innovative contact lens for chickens and why the product is appealing to chicken farmers. The case analysis also reviews the most appropriate geographical areas that Optical Distortion Inc. (ODI) needs to have its efforts focused on for quicker return on its innovative product. Appropriate market segments as well as the pricing policy that should be adopted by the company are also highlighted. Lastly, the analysis examines the level of marketing efforts that ODI should consider to help it gain a larger market share.

The ODI contact lens ...

1. What were some of the challenges that RIM faced to protect its intellectual property, and how did RIM handle those challenges?
Research In Motion is a Canadian design company that was founded in 1984 in Ontario. It focuses on the development of mobile devices and is widely known for its Blackberry wireless platform, which has revolutionized the market by an all-in-one communication device. The industry, where RIM operates, is characterized by a strong focus on intellectual property (IP) rights that is why it is so crucial for the company to protect its intellectual property carefully. An example of a main challenge ...

This paper gives an in depth analysis of the Johnson and Johnson, commonly referred to as J&J. Johnson and Johnson is an international, diversified pharmaceutical and medicinal producer. Besides, it is one of the largest health care related service providers and has drastically reformed people’s perception towards health care. It is indeed a top achiever in the health care industry as well as in general human health and happiness. In fact, its success is attributed to a well defined vision, mission, objectives and core strategies. Its existing vision, mission, objectives and core strategies are discussed as under.

Johnson and Johnson ...

What is the case statement? What decisions does P & G need to make?

The Procter and Gamble Company has to revise its advert if it is to make a positive impact in the market. The proposed ‘Mumbles’ advert is comparative and implies negative notions on the use of Colgate and Palmolive’s ‘Simply White’ product. This form of advertising, is also involuntarily shifting the viewers’ attention to the rivalry between the two companies: when the objective, and this is an educative guess, is to show the brand’s prowess over the rival’s brand. P&G, therefore, needs to revise its advertisement approach towards a more positive and more product oriented approach. P&G ...

Abstract

Biometric access control systems employ the use of biometrics in the identification of the user before granting access to an otherwise restricted area. The technology involves the automated mechanisms of recognizing or verifying the identity of a living organism using a behavioral or a physiological attribute. It presents various features and advantages that place it above the other access control systems. Biometric access control not only provides access control features, but it also provides user management features. The system used different behavioral and physical attributes as biometric characteristics for identification and verification. Testing of individual components of the system ...

It was not very long after we had found computers as a usable technology in our lives that we found ourselves under attack from the newly found digital crimes. They started out simple, but as they progressed, the computer crimes started becoming more and more damaging not only to the people but also for a number of corporations worldwide. Today, these computer crimes have put at risk our financial information like credit card and social security number and are also bringing down giant corporations just by using their sensitive information against them.
There are many types of cyber crimes ...

Strategies are aimed at laying out plans that will help achieve the set goals and objectives of a firm. The global strategy involves plans and procedures meant for overseas business operations and to make an overall presence in the international markets. Multinational enterprise and foreign direct investment are some of the commonly used global strategies for companies wishing to operate internationally. The base of the global economic pyramid forms a strategic economic platform that can suit all business groups despite their level of operation. The base of the pyramid mainly comprises of the emerging economies.

What are the most attractive industries for the base of the pyramid?

The base of the base of ...

Simon Sinek developed the Golden Circle Model after researching the activities and philosophies of some of the most successful companies and influential leaders. Sinek discovered a common thread in the way these companies conceptualized, acted and communicated their ideals and products. He realized that there was a stark difference between influential companies and the not-so-successful ones. According to Sinek, most companies believe that clients buy products and service only because of superior quality, fair prices and exquisite designs. This is erroneous thinking, according to Sinek, because influential companies are driven by a different philosophy – the ‘why’ question.
The ‘why’ concept is ...

Introduction

IT management is an important function for any organization. The way the IT services are managed will affect the outcome of the IT strategy and the role of the strategy to the overall management of an organization. This paper will focus on the management of IT services at Alcan Company. It will assess the current and new IT services management.

Advantages of the current IT management system

One of the advantages of the current IT management system is that each business function will invest for their IT systems. Changes will be easy to implement in the current management. This is because the business units are small ...

Chapter 2: User experience

This chapter will define the user experience for the creation of the website. It is important to understand the users and how they will interact with the website. This chapter will define the user experience and the audience for whom the website is developed.
Audience definition – one of the audiences of the website is the students. The website is being developed to be used by students. Students will also want to access the materials from the website. This is for academic purposes. With time, the website will have reading materials for students. Many students will access the website ...

PharmaCare – Assignment 3

Introduction
The aim of this research study is to evaluate the ethical issues related to the marketing and advertisement, intellectual property, and regulations of product safety. Drug companies have been consistently using direct-to-customers approach for marketing of their products. This aspect is also taken into consideration in the research study. In addition, this study extends to find information regarding the current regulatory scheme along with what should have been done by FDA to overcome the issues. The approaches used by PharmaCare to protect its intellectual property in US are also studies in detail within this study. This has ...

1. In a monopolistic market one single company detains market control, being the single seller, hence having the benefit of setting the prices, while in a perfect competition there are more companies activating on that market, selling their products, without any control over the market (Tisdell & Hartley, 2008). Considering this aspect, Microsoft Vista operating system is the most efficient arrangement possible for Microsoft. The companies that are integrating Vista as the operating system in the computers that they produce (such as Hawlett Packard or Dell, as they appear in Allison and Nuttall’s (2007) article) are controlled by Microsoft, as there ...

1. Background to the Acquisition
This proposed acquisition is between two firms, Congoleum Corporation (Abridged) and Prudential Insurance Company of America where by Congoleum is the targeted company and Prudential the acquiring one. The negotiations of the acquisition shall be handled by First Boston and Century Capital Corporation whereby the former is the lead negotiator while the latter shall one of the prospective equity participants. Congoleum is a highly diversified company with three products market segment; home furnishings, ship building and automotive and industrial distribution. The firm has an asset and revenue base of $323million and $576million respectively. In ...

The latest annual report for the Amazon.com, Inc. was released on 14^th December, 2010 and covers 2009 financial year. The year officially ended or dates 31^st December 2009. The report is titled ‘2009 Annual Report’ and begins with a brief statement addressed to its shareholders. Like the last thirteen annual reports since the year 1997, the report contains a brief statement as a letter directed to the firm’s shareowners which bears a signature of the firm’s founder: Jeffrey P. Bezos. The statement also shows an executive post of Chief Executive Officer (C.E.O) being held by ...