Sam invented and patented what we know as "bubble wrap." The claims in his U.S. patent describe the invention as "a pliable plastic material with regularly spaced, protruding air-filled circular hemispheres used for securing fragile items during transport."

(1) What requirements did Sam's invention have to meet in order to secure a patent?

(2) Now assume Sam consults you to see if he has a claim against that Jen, a former employee who moved to Mexico, where she makes his exact bubble wrap and sells it to the Mexican market. Can Sam sue Jen? On what basis?