Patent Law Keyed to Adelman
Atlantic Thermoplastics Co., Inc. v. Faytex Corp.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff's patent for a shock absorbing shoe innersole contained both a process and product-by-process claim. Defendant distributed innersoles made by Surge and Sorbothane, two different manufacturers. There is no dispute that infringement occurred when Surge used the patented process. Sorbothane, however, used a process that was different, and the district court did not feel the process claim was violated. Plaintiff argued that the product violated the patent claim because it was identical. The district court found that the Defendant did not violate Plaintiff's patent in the selling of the soles made by Sorbothane, and Plaintiff appealed. Defendant cross-appealed from the award of profit damages for the sale of innersoles made by Surge and Sorbothane.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.