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Team 5: Landmark Case 25.5: Dunlop Holdings Ltd. V. RAM Golf Corporation (p. 701

ID: 451358 • Letter: T

Question

Team 5: Landmark Case 25.5: Dunlop Holdings Ltd. V. RAM Golf Corporation (p. 701) What factors did the court consider in ruling that Wagner's use was public? What is Dunlop's theory as to why Wagner's conduct did not make the prior use public? If granted a patent for his Surfyn covered golf balk, Wagner would have exclusive monopoly protection of his invention for 14 years. Because Wagner failed to apply for a patent on his Surlyn covered golf balls within one year of selling his product to the public, he has abandoned his right to obtain the patent. If the inventor of a device conceals a component of the device, the inventor is not entitled to a patent, because the entire invention is not revealed to the public through the patent application process. Dunlop's patent related to its Surlyn covered golf balls is invalid, because W.rgner had previously invented and made public his Surlyn covered golf balls While Wagner never revealed the ingredient that made hk golf ball so tough, he did not take steps to conceal it from the public and his sales of the golf balls At.,Wishes noninforming publk use of hk invention, rather than concealment.

Explanation / Answer

1. What factors did the court consider in ruling that Wagners use was public.?

2.What is Dunlops theory as to why Wagners conduct didnt make the prior use public.?

"suppressed or concealed" invention. This was the theory Dunlops proposed in the context. Though Wagner made large number of balls using Surlyn material he never disclosed the method or ingredient of the ball to public. So public is unware of the technology that he used in that ball. Thus he has not informed to public or technically claimed it on formal way that he has invented the Surlyn golf balls technology.

True or False:

1. Yes. If he has patented the technology he should get monopoly protection for fourteen years.

2.No, One year is not a matter of concern that prevent him from getting patent.

3.Yes. As he concealed or supress in revealing the idea.

4. Yes, It is in invalid .Though he made it public he didnt reveal the idea behind this and public did not get the advantage of these as well.

5. Yes. It implied in such a way that he dont want to reveal the secret behind the successs as he wants to focus on sales part.

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