Question
8.2 Thomas Edison is a middle management employee of Large Insurance Company, which specializes in providing medical malpractice insurance to physicians. Edison's job is to
8.2 Thomas Edison is a middle management employee of Large Insurance Company, which specializes in providing medical malpractice insurance to physicians. Edison's job is to support Large Insurance Company's independent sales agents.Edison does not have a written employment agreement with Large Insurance Company.
Through his employment by Large Insurance Company, Edison is aware of the rising costs of professional liability insurance. He also understands the importance of the relationship between medical practice risk management and the rising cost of medical malpractice insurance. He knows that medical malpractice insurance costs can be contained if the medical practice engages in sophisticated risk management.
Based on the general knowledge of the need for sophisticated risk management that Edison obtains as an employee of Large Insurance Company, Edison conceives a risk management plan that is based on collecting medical practice data, processing the data through an internet-based software program that analyzes specific risk areas, and developing risk management profiles that help the medical practice to reduce malpractice risk. Edison decides to name it the "Go-Low Program." He does most of the work on the Go-Low Program at home, but he sometimes works on it during lunch and slow periods at work.
Edison is not a computer programmer, so he engages the services of a software development company to create the internet-based Go-Low software program. Once the Go-Low Program is created, Edison shows it to his friend, Alex Bell, who works for Competitor Insurance Company, and asks for his opinion regarding whether the concept is commercially viable. Bell likes it and encourages Edison to bring it to market.
Edison forms a limited liability company, Go-Low, LLC, for marketing the Go-Low Programas a component of an insurance product. It is wildly successful, so Edison resigns as an employee of Large Insurance Company.
Based on the above facts, please answer the following questions, referring to all four (4) bodies of intellectual property law as may be applicable.EACH BODY OF LAW SHOULD BE ADDRESSED IN A SEPARATE PARAGRAPH DEDICATED TO THAT LAW'S ANALYSIS.
8.2.1 Based on these facts, develop a comprehensive intellectual property protection plan for the Go Low Program, including all four primary bodies of law governing intellectual property. Explain in detail how you would proceed under each area of the law for each step in the process described above and for overall commercial exploitation of the invention. The plan should be comprehensive.
8.2.2 After the Go-Low Program becomes successful, Large Insurance Company sues Edison claiming rights in the Go-Low Program.Will Large Insurance Company prevail?Why or why not?
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