1. By definition, a patent is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years. In this issue spotter, we are looking at a company called Global Products. They develop, patent, and market software. A company called World Copies, Inc sells Global's software without the permission to do so. Is this patent infringement? If so how can Global save the cost of suing World Copies for infringement and at the same time profit from World's sales? Because we were told that Global patents its software we know there is a patent. In this situation, we know that World Copies would be guilty of patent infringement. Patent infringement states that if a firm makes, uses, or sells another's patent design, product, or process without the patent owner's permission, it commits the tort of patent infringement. One way that Global would have been able to save the cost of suing World Copies for infringement and at the same time profit from World's sales is to have had a licensing agreement drawn up. A license allows the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes. As the licensor in this situation, Global could have allowed for World Copies to sell some of its software while still keeping a bulk of the profits
Solution
Global products business is to develop, patent and market its software. World copies Inc. sold another company’s, Global Products, without any permission. Such an act orchestrated by World Copies is a show of patent infringement since it has sold software belonging to another company without express permission from the company. How Global products can save cost is by suing World copies for infringement and at that moment, make a profit from world sales by protecting its patents, products and keeping on the litigation costs. Besides, if permission can be granted by the licensor or responsible authority, then this software can be given by the licensee.
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2. The issue this week is regarding patents. Global Products develops, patents, and markets software. World Copies, Inc sells Global’s software without the market’s permission. The question being raised is if it is patent infringement and if so, how might Global save the cost of suing World Copies, Inc. for infringement and at the same time profit from World Copies, Inc’s sales. According to the text, a patent is a grant from the government that gives an inventor the exclusive right to make, use, and sell and invention for a period of time. In this case and given the fact that World Copies, Inc. sells Global Product’s software without the markets permission means they are in fact committing the tort of patent infringement. One way that Global can profit from this infringement would be to request damages in the form of royalties. Royalties are the payment for the privilege to use the patent. A court would also most likely require World Copies, Inc. to pay the court costs and attorney fees for Global Products due to the infringement. Miller, Roger L. Business Law Today, Standard: Text & Summarized Cases, 11th Edition. Cengage Learning, 2017.
Solution
This is a case of patent infringement. The designer of the software in this scenario may suitably protect its product, make a profit from its patent using the license and as well, save litigation costs. In the context of this menace, a license would offer permission to sell the patented item. A license can have limitation to the licensee or for a particular purpose only.
3. According to our text under U.S law, “no patent infringement occurs when a patented product is made and sold in another country.” See case Example 6.10 Case closed. Should have been made in the U.S. Wish it was that easy. On the other hand due to the U.S Constitution in Article I in-regards to Intellectual Property (I.P.) is any item or property from an persons mind for example books, software, movies , music and so on. In Section 8. Congress shall, “promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries.” This is strategically important in the world economy. The patent that Global Products has on it software is a government monopoly that gives them the exclusive right to make, use or sell an invention for twenty years. Most software and digital information is usually copyright as well. Whether the infringement was intentional or unintentional World Copies, Inc. tort of patent infringement on Global Products without permission while selling there software without permission or a license. Remedies for this Patent Infringement would include: injunction, damages for royalties, and in some cases reimbursement for attorney’s fees and cost which could be millions of dollars alone. Depending on the nature of the infringement the damages amount can be tripled if the court determines willful infringement. Instead of suing World Copies, Inc. they could settle before trial but even better yet just give World Copies the right to continue selling their software for a license and royalty fee. This could save cost and time for everyone involved.
Solution
World copies could opt to sell the software past the US borders since the patent rights will no longer apply. Global products will not have any binding law within the US constitution to argue their case. In that case, Global products can look for a strategy for outdoor settlements with World Copies. That would help save any looming costs, time and company image.
