Did Mr. Higgins infringe on Ms. Garner’s Patent
Did Mr. Higgins infringe on Ms. Garner’s Patent?
No. A process that is not novel or unique is not patentable (Langvardt, et al., 2019). It seems to be an industry standard according to both the plaintiff and defendant. The process is not considered unique to not only the issue in question, but, to the retail sales industry in general. The process itself had been used for years before the shoe store Mr. Wiggins worked for used the process online. Even if the process he used had been considered unique, it would not be an infringement because there was no prior knowledge by Mr. Higgins of the patented system Ms. Garner supposedly “invented”. Is Ms. Garner’s patent valid? No. even though processes are patentable, they need to be unique or novel. Ms. Garner’s patent is not unique or novel. She herself stated as such by saying that other businesses used the process with things other than shoes. It has been stated that electronic record keeping is one of the basic functions of a computer (Alice Corporation Ltd. v. CLS Bank International, 2014). Not only was the system “created” by Ms. Garner not unique to the retail industry, it also utilized basic functions of a computer to do the record keeping for the system. One of the arguments for the patent being valid is that the system was created for online use and is therefore unique to the retail industry. It uses the basic functions of a computer for its “uniqueness”. Ms. Garner did not state that she had invented a new software or computer program that created a system or allowed for a system that helped people buy new shoes. Her system used no unique or new features of a computer. It organized information in a way that allowed targeted sales to occur for shoes. None of those things are new or unique ideas or systems. Does Ms. Garner’s patent meet the requirements of being novel, non-obvious, and having utility? Why or why not? It is considered an industry standard. Mr. Higgins stated that it was “common sense” and had been in use for years before Ms. Garner patented it. It is Similar to having a file system in person versus online. They both do the same thing in pretty much the same way, but, the medium used is different. Filing cabinets have been around for many years and so have different methods of filing. They are not patentable because they are not unique or novel. They are considered systems or processes that are a part of having a filing cabinet whether it be virtually or in real life.
References
Alice Corporation Ltd. v. CLS Bank International 134 S. Ct. 2347 (U.S. Sup. Ct. 2014)
Langvardt, A. W., Barnes, A. J., Prenkert, J. D., McCrory, M. A., & Perry, J. E. (2019). Business law: The ethical, global, and e-commerce environment (17th ed.). Retrieved from https://www.vitalsource.com
McGraw Hill. (n.d.). YBTJ_intellectual_click_arg (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/37be50a1/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)McGraw Hill. (n.d.). YBTJ_intellectual_click_prof_def (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/8fc0ee71/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)McGraw Hill. (n.d.). YBTJ_intellectual_click_prof_plaint (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/eef250e4/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)McGraw Hill. (n.d.). YBTJ_intellectual_click_react_def (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/c0e674c8/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)McGraw Hill. (n.d.). YBTJ_intellectual_click_react_plain (Links to an external site.) (Links to an external site.) [Video clip]. In Intellectual property: Click here, get sued [Video file]. Retrieved from http://www.viddler.com/embed/36326200/?f=1&autoplay=0&player=full&disablebranding=0 (Links to an external site.)
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