Deck 33: Adapting the Law to the Online Environment: Should the Law Continue to Allow Business Process Patents

Question 1

According to the dissent in MedImmune,Inc. ,v.Genentech,Inc.case,a patent licensee can challenge the validity of a licensed patent

A)only after breaching the license agreement.
B)only before breaching the license agreement.
C)without breaching the license agreement.
D)under no circumstances.

Answer 1

A

Question 2

O.K.Valve Company applies for a patent for a valve.Meanwhile,O.K.licenses its products,including the valve,to Petro Pumps,Inc. ,which uses the valve to make oil pumps.Under the terms of the license,Petro agrees to pay royalties on O.K.'s "patented" products.When a patent is granted on the valve,O.K.asks Petro to pay royalties on the sales of its pumps.Petro wants to challenge the validity of O.K.'s patent.According to the majority in MedImmune,Inc. ,v.Genentech,Inc.case,a patent licensee can challenge the validity of a licensed patent

A)only after breaching the license agreement.
B)only before breaching the license agreement.
C)without breaching the license agreement.
D)under no circumstances.

Answer 2

without breaching the license agreement.

Question 3

Nina,a high school teacher,requires Milo and her other students to submit their assignments to a plagiarism service to be compared to the contents of an online database of scholarly works.The assignments are also archived in the database.A federal court is most likely to find that this

A)infringes the studnets' copyright interests.
B)qualifies as "fair use" and does not infringe the students' copyrights.
C)falls under the definition of "loss" in the Computer Fraud and Abuse Act.
D)fits within the "damages" clause of the Virginia Computer Crimes Act.

Answer 3

B

Question 4

Leilani,a high school student,gains unauthorized access to a plagiarism service's database to which she and other students had been asked to submit their assignments.A federal court is most likely to find that this access violates

A)the Computer Fraud and Abuse Act.
B)the Virginia Computer Crimes Act.
C)federal copyright law.
D)no federal or state law.

Question 5

One night,Izzy discovers Joe,an intruder,in Izzy's Kwik Spot convenience store after the store is closed.Izzy shoots and kills Joe.With respect to criminal prosecution for this use of deadly force,in a state that has a stand-your-ground law,Izzy

A)is presumed innocent or may be exempt from prosecution.
B)must prove that he first told Joe to "Stop!" or "Stand your ground!"
C)must prove that he first tried to retreat or that his life was in danger.
D)must prove that Joe did not try to retreat or acted without regard for his own life.

Question 6

One night,Bertram discovers Clu,an intruder,in Bertram's Deli Delite store after the store is closed.Bertram shoots and kills Clu.With respect to criminal prosecution for this use of deadly force,under a duty-to-retreat law Bertram

A)is presumed innocent or may be exempt from prosecution.
B)must prove that he first told Clu to "Get out!" or to "Retreat!"
C)must prove that he first tried to retreat or that his life was in danger.
D)must prove that Clu did not try to retreat or acted without regard for his own life.

Question 7

Pay-to-Buy.com,Inc. ,applies to the U.S.Patent and Trademark Office for a patent on an online payment system.Business process patents are more likely to lead to litigation than patents oa tangible inventions because business process patents often involve

A)fields that provide services.
B)machines.
C)processes that incorporate computer programs.
D)transformations of particular articles into different states or objects.

Question 8

OmniChem Corporation applies for a patent for a certain chemical compound.Meanwhile,OmniChem licenses its products,including the compound,to Pharmo,Inc. ,which uses the compound to make an anti-cancer prescription drug.Under the terms of the license,Pharmo agrees to pay royalties on OmniChem's "patented" products.When a patent is granted on the compound,OmniChem asks Pharmo to pay royalties on the sales of the anti-cancer drug or stop selling it.Pharmo files a challenge to the validity of OmniChem's patent.Both firms assert their claims less from an interest in profit than a belief in the "rightness" of their respective causes.This position might arguably be

A)illegal.
B)optimal.
C)socially irresponsible.
D)unethical.

Question 9

Winston applies to the U.S.Patent and Trademark Office for a patent on a process that uses transactions to hedge the risk in securitiies (stocks and bonds)trading.The patentability of business processes is controversial because business process patent applications involve

A)computer programs.
B)ideas.
C)machines.
D)transformations of particular articles into different states or objects.