SOLVED

76) If Ramona is successful in her patent infringement action, what type of result could she be entitled to receive? A) An injunction prohibiting further sale or use of the infringing product by the infringer and also an award of damages. B) Damages only C) An injunction prohibiting further sale or use of the infringing product by the infringer and an order for destruction of the infringing property, but not damages. D) An injunction prohibiting further sale or use of the infringing product by the infringer, but not damages. E) An order for destruction of the infringing property and damages, but not an injunction. 77) Which of the following statements, if true, would best support dismissal of the lawsuit against Saya? A) Saya’s product, which contained the same ideas as in Ramona’s patent, was already in existence before Ramona filed her patent application B) Saya’s product functions more efficiently than Ramona’s product. C) Ramona sold her product before the patent was issued. D) Ramona sold her product before filing her patent application E) Saya had the idea for the product ten years ago, but did not have time to perfect it. 78) Saya claims Ramona’s patent is invalid because Ramona sold the product before filing her patent application. Is Saya correct? A) Yes, because Ramona must receive the patent before offering the product for sale. B) Yes, because Ramona must file the patent application within six months of offering the product for sale. C) No, because Ramona had two years to file the patent application after offering the product for sale. D) No, because Ramona filed the patent application within a year after offering the product for sale. E) Yes, because Ramona must file the patent application before offering the product for sale. 79) If Saya decides to ask the USPTO to reexamine Ramona’s patent, what is she asking the USPTO to do? A) To consider whether Ramona’s patent application was filed for inappropriate purposes. B) To consider if Saya’s product better qualifies for patent protection. C) To consider whether Ramona’s patent invalidates prior art and whether it should have in fact been issued. D) To consider if Ramona’s patent actually infringes on Saya’s product. E) To consider whether Ramona’s patent application was timely filed. 80) Saya believes the reexamination request is a good strategy because it will slow down the litigation against her. Is she correct? A) No, although such requests are frequently granted, the USPTO makes a determination rather quickly in such cases. B) Yes, such requests are frequently granted, a determination may take years, and courts often prefer the USPTO to complete the reexamination before litigation may proceed. C) No, because a court will perform the reexamination, not the USPTO. D) No, reexamination requests are rare and a court will order the USPTO to make a quick determination. E) No, although reexamination requests are rare, the USPTO makes a determination rather quickly in such cases. Â Â