Wednesday, December 15, 2010

Rule of Law

I am not really sure what I am suppose to be discussing under a heading call Rule of Law as it pertains to future career endeavors. According to the instructions on e-class this part is suppose to contain " a concise summary of the main precedent established". However, I did not establish or make mention of any precedents in my phone interview with Mr Van Looper. It also seems in reading others blogs that there is no clear consensus on what this particular blog is suppose to be informing the reader. So I am gonna go out on limb and say that the one main "Rule of Law" that we have had for this class is if you have any legal question about patents, copyrights, and trademarks you should retain legal council. The reason being is that laws change frequently depending on the mood of the country. Also the fact that this the 11th edition by NOLO  means laws have changed since the first edition came out.
The text discusses some precedents established by court cases. Festo v. Shoketsu in 2000, a case involing a patent on parts used in a robotic arms a federal court of appeals ruled that a patent owner could not assert the doctrine of equivalents if the patent claim at issue had been amended during the application process (page 66 of the text). Another case (that is referenced on page 73 of text) Graham v. John Deere, the Supreme Court case created the guidelines for determining when an invention is nonobvious.  I mention these two cases to say that the "Rule of Law" is  change and it happens everyday

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