Patent Infringemen [Title: Intellectual Property 1: Argument. A court hearing between Ms. Garner, the plaintiff, and Mr. Higgins, the defendant.]This is the case of Maureen Garner versus Samuel Higgins.Ms. Garner, why don't you tell me what brings you here today?Okay. Well, I own a patent for a I sell shoes online.And the process is that I'm able to take my customersspecifics, where they live, their shipping address, their credit card information,specific things that they like about shoes, their shoe size, the colors that they like,and the brands that they like and the types of shoes that they like.I have files for every specific customer so that when they go on to my website,all they have to do is choose their shoe, click on the buy button,and then their shoe ships right out to them.I patented this process, Your Honor, and Mr.Higgins stole my idea, and he's using it.It's against the law.Mr. Higgins, how do you respond to this?- Your Honor, this is absolutely ridiculous.First of all, the company I work for, Flights of Fancy, has been in business for 21 years. I've worked for them for 12 years.And we have been using the same processes of profiling customers,cataloging the shoe sizes, cataloging the styles they like.When they come into the store, they were able to get those things and get out right away.In 2002, we decided to go online so we can now ship it to them basically overnight.It's a process we've been doing for years, but she just started doing 2001.It's, you know, it's not proprietary. All it is literallyis profiling of customers, which many, many online stores dobecause it helps everyone expedite their business and quite frankly, saves everyone money.What you've been doing in your store,is it using a computer in your store or...?- Yes, we actually have been cataloging for the last seven years our customers' namestheir shoe sizes, the colors they like, the styles they prefer.And so that when they come into the store, it's very easy.'Oh, it's nice to see you again, Mrs. Johnson.We have, you know, three different shoes by that maker.Would you like to see them here? The colors we have to offer? Great.''I'll take' you know, 'I'll take them in a seven and a half.''That's great. We have your credit card on file. Have a good day.'Now, the only difference is our mode of exhibition.We have a brick-and-mortar store that are still open, but we also now have online.So the same customer, Mrs. Johnson, can nowget on to our website and the only additional informationthat I've really had to get from any of our customers is their address for shipping.So, really what you're saying is that you'vehad the same idea for seven years?- As a matter of fact, yes. - That a customer canget this expedited service by keeping a catalog of their preferences?- Exactly. You Honor, it's been simply to make - But you haven't been using it online?- Well, we didn't go online until 2002, that's correct.It's simply a process, and I just had the idea that what I would do is put people's names,their shoe sizes, styles and all those things together to make it simple.It's nothing more than that. It's not even really intellectual property, Your Honor.It's simply a process.Well, are you attacking the legitimacy of the patent itself?- Absolutely. It's not something that other companies aren't doing.It's just that we're a shoe store and all of a sudden,you know, she sees us as competition and she's threatened by it, quite frankly.- But, Your Honor, if my patent wasn't valid, then the government wouldn't have allowed me to patent it.- Well, that's something that we're going to have to determine here today.And I'm sorry, Your Honor, can I say one more thing?- Yes. - Mr. Higgins was talking earlier aboutthere are a few differences between what he's been doing in his own storeand what he did to develop it for the website.Those are actually very big differences, those are key differences to this case.And they're not just little things to overlook.- I'm sorry, Your Honor. I'm sorry. If I may... - One moment,I'd like to hear what Ms. Garner has to say.So, doing it in a store is very basic. It's just customer service.Putting it online so that the convenience is brought to the customerfrom their home is a huge difference not to be overlooked.That's why I patented the idea.Now, did youinvent this process yourself? - I absolutely invented this process by myself.I designed it by myself. I did all the work by myself.Ms. Garner, do other onlinecompanies offer similar expedited online services?Yes, Your Honor, I have to say that that's true.Other companies do offer similar,not the same expedited services online.But my company is specific toshoes and offers services specifically designedto offer shoes online in this way.No other company has done that in the past.Mr. Higgins, is it true that you're offeringthe exact same product or service asMs. Garner's website, and that you're using the same technology to implement that?I'm asking for the same information whether how that process goes, A-B-C-D-E,I don't know. I mean, it's all the same stuff, so A through E are going to be the same things, yes.- And it's to achieve the same results for the consumer?Yes, it's going to achieve the exact same results.- And the consumer goes through the same process when they're ordering online.Exactly. You know, it's one click. They know what they want. They click on it.The credit card number is in there, their address is in there.It ships to their house the next day. Yes, that is exactly the same.Okay. Ms. Garner, I have a question for you.- Yes, Your Honor. - How has this affected your business?My business has gone down considerably.It is a very convenient process for the customersthat I patented for a reason, because it is very well designed.It's an amazing idea that makes the process for the customer full of ease.It's so easy, it's so quick that people want to use this.- It's an amazing idea, true. That's why we've been doing it for seven years.One moment, please. Ms. Garner. - But that's why I patented it. Ms. Garner, your sales have actually gone down since...They have gone down, Your Honor, yes. Since they stole my idea, stole my design, and are using it on their website.So you think you're actually losing customers? - Absolutely. No doubt about it. - Mr. Higgins, did you know about the online process that Ms. Garner has been offering?I knew nothing about Dazzle Toe until, you know, I got these papers in the mailsaying that I was being sued. - You should have done more research.All right. Thank you. I've heard enough. I'll return with the verdict.- Thank you, Your Honor. - Thank you, Your Honor.

Before you can start this discussion question, please complete the Application Based Activity (ABA) assigned in Week 3 titled You Be The Judge: Patent Infringement (Click Here, Get Sued).

In this case, the plaintiff sued the defendant for using a nearly identical method of selling shoes online, in violation of her patent. After completing the ABA, answer the following prompts:

1. Reflect on the activity and summarize how you judged the case.
2. What was the underlining reason(s) for your decision to support the plaintiff or the defendant? Why or why not?
3. Share what (ifany) details in the case created hesitation in your decisions? Explain why.
4. Choose one of your peers and for the sake of argument (respectfully) challenge their judgement on the case. Support your assertion/position using legal references when possible.