Answer this question: Does United have to prove that the copyright is valid to establish infringement? Explainby drafting your IRAC for this problem.

Spotlight on Macy'sCopyright Infringement.United Fabrics International, Inc., bought a fabric design from an Italian designer and registered a copyright to the design with the U.S. Copyright Office. When Macy's, Inc., began selling garments with a similar design, United filed a copyright infringement suit against Macy's. Macy's argued that United did not own a valid copyright to the design and so could not claim infringement. Does United have to prove that the copyright is valid to establish infringement? Explain. [United Fabrics International, Inc. v. C & J Wear, Inc., 630 F.3d 1255 (9th Cir. 2011)] (SeeCopyrights.)

EXAMPLE OF IRAC:

1. 7-1.

Patent Infringement.John and Andrew Doney invented a hard-bearing device for balancing rotors. Although they obtained a patent for their invention from the U.S. Patent and Trademark Office, it was never used as an automobile wheel balancer. Some time later, Exetron Corp. produced an automobile wheel balancer that used a hard-bearing device similar to the Doneys' device. Given that the Doneys had not used their device for automobile wheel balancing, does Exetron's use of a similar device infringe on the Doneys' patent? (SeePatents.)

(I)ssue: Patent Infringement-Does Exetron's production of an automobile wheel balancer that uses a hard-bearingng device similar to the device patented by John and Andrew Doney, infringe on the Doneys' patent, given the fact that Doneys had not used their device for automobile wheel balancing?

(R)ule:Apatent is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years. Patents for designs, as opposed to inventions, are given for a fourteen-year period. The applicant must demonstrate to the satisfaction of the U.S. Patent and Trademark Office that the invention, discovery, process, or design is novel, useful, and not obvious in light of current technology.7-2c-Patent Infringement:

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, it commits the tort of patent infringement. Patent infringement may occur even though the patent owner has not put the patented product into commerce. Patent infringement may also occur even though not all features or parts of an invention are copied. (To infringe the patent on a process, however, all steps or their equivalent must be copied.)

(A)nalysis/(A)pplication: Here, John and Andrew Doney invented a hard-bearing device for balancing rotors. The Doneys obtained a patent for their invention from the U.S. Patent and Trademark Office, although it was never used as an automobile wheel balancer. Some time later, Exetron Corp. produced an automobile wheel balancer that used a hard-bearing device similar to the Doneys' device. If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, it commits the tort of patent infringement. Patent infringement may occur even though the patent owner has not put the patented product into commerce. Patent infringement may also occur even though not all features or parts of an invention are copied. (To infringe the patent on a process, however, all steps or their equivalent must be copied.

(C)onclusion/Decision: Yes, Exetron's use of a similar device does infringe on the Doneys' patent. If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, it commits the tort of patent infringement. Given that the Doneys had not used their device for automobile wheel balancing, patent infringement may occur even though the patent owner has not put the patented product into commerce. Patent infringement may also occur even though not all features or parts of an invention are copied.