Nystrom runs a two-truck, two-man lumber yard. He received patent number 5,474,831 (the '831 patent). It is

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Nystrom runs a two-truck, two-man lumber yard. He received patent number 5,474,831 (the '831 patent). It is for "A board for use in constructing a flooring surface for exterior use [such as a deck].manufactured to have a.convex top surface which sheds water and at the same time is comfortable to walk on.." Nystrom sued Trex for infringing the '831 patent. Trex is a large manufacturer of exterior decking planks made from composites of wood fibers and recycled plastic. A key part of their defense was that their planks are not cut from logs. The district court held key parts of the patent invalid and dismissed Nystrom's claim. He appealed.

1. The appeals court upheld the patent as valid. What is the rationale for requiring that all the details of a patent be revealed to the public?
2. Should the court take into account the commercial success of a patented product when considering a challenge to a patent?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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