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Fact Pattern 11-1 Samantha Develops a New Type of Comb That Effectively Removes

question 11

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Fact Pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory.
-Refer to Fact Pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Harry's statement that Samantha could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs?


Definitions:

Legitimacy

The general perception or recognition that an entity's actions are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions.

Dormant Stakeholder

An individual or group with an interest or concern in a project or business but currently inactive or not engaged.

Power

The capacity or ability to direct or influence the behavior of others or the course of events.

Discretionary Stakeholder

Stakeholders whose involvement with an organization or project is based on choice rather than necessity or contractual obligation.

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