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Question 1
The issue of venue is a determination of...
Correct
Incorrect!
Correct 'Venue' means the location of the court in which an action may be brought.
Incorrect! 'Venue' means the location of the court in which an action may be brought.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Compared to the venue rules for most federal lawsuits, the rules regarding intellectual property cases generally...
Correct
Incorrect!
Correct
Incorrect!
Correct Federal law dictates that copyright and similar actions may only be brought in a district in which the defendant (the party alleged to have committed the violation) resides or 'may be found,' while patent infringement actions may be brought where the defendant resides or where he or she 'has committed acts of infringement and has a regular and established place of business.' This was done to limit the burden on a defendant of having to defend against a cause of action that can have effects anywhere.
Incorrect! Federal law dictates that copyright and similar actions may only be brought in a district in which the defendant (the party alleged to have committed the violation) resides or 'may be found,' while patent infringement actions may be brought where the defendant resides or where he or she 'has committed acts of infringement and has a regular and established place of business.' This was done to limit the burden on a defendant of having to defend against a cause of action that can have effects anywhere.
Correct
Incorrect!
Question 3
Batman invents the 'Batmobile', a combination SUV, sports car and tank and patents the design. Two years later, Joker begins marketing the 'Jokermobile' that is very similar to the Batmobile. Batman brings an action against Joker for patent infringement. Which of the following remedies may Batman successfully request from a court?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Injunctive relief (choice 1), payment of profits made from the breach (choice 2) and impoundment (choice 3) are all available remedies in intellectual property cases.
Incorrect! Injunctive relief (choice 1), payment of profits made from the breach (choice 2) and impoundment (choice 3) are all available remedies in intellectual property cases.
Question 4
Batman invents the 'Batmobile', a combination SUV, sports car and tank and patents the design. Two years later, Joker begins marketing the 'Jokermobile' that is very similar to the Batmobile. If Joker is found to have infringed on Batman's patent and Batman wants to collect monetary damages, under the modern rule, he can collect?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under federal law, lost profits can only be collected from the infringing party if those lost profits were 'not taken into account in computing the actual damages.' This is to prevent plaintiffs from collecting more than the party would otherwise be entitled to under classic tort remedies rules
Incorrect! Under federal law, lost profits can only be collected from the infringing party if those lost profits were 'not taken into account in computing the actual damages.' This is to prevent plaintiffs from collecting more than the party would otherwise be entitled to under classic tort remedies rules