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Based on the scenario below (what is Issue? What is the rule of law? What is the analysis? What is the conclusion?) On May 1,
Based on the scenario below (what is Issue? What is the rule of law? What is the analysis? What is the conclusion?) On May 1, 2015, Dean Slyjester received an e-mail from a friend warning against eating with disposable bamboo chopsticks. The problem, according to the e-mail, was that bamboo chopsticks were saturated with chemicals to preserve and whiten the material but cause tooth decay. Luckily Slyjester was a dental hygienist, because he immediately thought of a potential solution. Slyjester theorized that using a high-intensity UV LASER could accomplish the preservation and whitening goals without the use of chemicals. The next evening, Slyjester tested his ideas at his employer's office . That evening, he made 10 sets of prototype LASER irradiated chopsticks and placed them on a shelf in the employee break-room. Over the next six months, he would occasionally test the prototypes. On a couple of occasions during that time, he even used the prototypes at a Chinese restaurant downtown. His interest then waned in the project for several months. In December 2016, Slyjester was fired from the dental office because he had been spending too much time eating at Chinese restaurants and not enough time actually working. He then decided to move forward with his chopstick business. Unfortunately, by that time, Aaron Foulmouth had separately invented the same thing and already had a product on the market (with considerable commercial success), but had not filed a patent. Slyjester quickly filed for patent protection and in April 2018, the PTO granted Slyjester a utility patent with claims directed to both "a product comprising a UV LASER treated bamboo chopstick" and also "a method comprising treating raw bamboo with a UV LASER in a manner sufficient to whiten and preserve the material". Slyjester then sued Foulmouth for patent infringement. In the end, it turned out that the e-mail scare was a hoax. Ordinary chopsticks are actually cheaper to produce and safer to use than irradiated chopsticks. Are there patent law issues that should concern Slyjester and/or Foulmouth? Who is likely to win here
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