Confirm favorite deletion?
Patent Law Keyed to Adelman
W.L. Gore & Associates v. Garlock, Inc.
Facts
Dr. Gore, Vice President of W.L. Gore and Associates (Plaintiff), discovered that stretching TEFLON (a du Pont invention) tape very quickly and at high heat would not break the tape as traditionally thought. On the contrary, it created a soft, flexible, but strong material. On May 21, 1970, Plaintiff filed a patent application with twenty-four claims related to this process. In 1966 in New Zealand, Cropper created a machine for producing stretched and unstretched TEFLON tape and offered the machine for sale to a company in Massachusetts. After being turned down, Cropper sold the machine to Budd with a secrecy agreement attached. A former Budd employee claimed that Budd made no effort to keep the machine secret. Budd offered and sold tape that was created by the process outlined in Plaintiff's claim. Plaintiff brought an action against Garlock (Defendant) for infringement, but Defendant argued "public use" was made over one year prior to Plaintiff's application for patent. The lower court held for Defendant, and Plaintiff appealed
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- 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.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.