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Creative Charlie Had Sketched Plans for an Invention,but Had Not

Question 53

Multiple Choice

Creative Charlie had sketched plans for an invention,but had not yet built a prototype.He wanted to make sure that the invention could actually be manufactured before going through the expense of applying for a patent.He contracted with a local machine shop to work on the prototypes.As part of the agreement,the machine shop agreed to not disclose any information about the invention.Charlie learned from one of the employees that the owner of the machine shop had successfully built a prototype without telling Charlie and that the owner was going to begin marketing the invention in a joint venture with another firm.Could Charlie get an injunction in this situation?


A) no, this is a situation where the only allowable damages would be liquidated damages
B) no, Charlie could be adequately compensated with compensatory damages
C) yes, assuming that Charlie would likely suffer irreparable harm if others learn of his invention and it becomes public before he can obtain a patent
D) yes, because this is an anticipatory breach and injunctions can be issued in connection with any anticipatory breach.
E) no, this is a situation where Charlie has no remedies because he should have kept the invention a secret

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