ASUS Computer International has brought suit against ExoTablet Ltd. because both companies have developed smartphone/tablet hybrid devices.

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ASUS Computer International has brought suit against ExoTablet Ltd. because both companies have developed smartphone/tablet hybrid devices. The devices combine a smartphone with a cradle in a “dumb” tablet such that the “dumb” tablet (1) enlarges and enhances the screen size of the smartphone, (2) provides an enlarged and enhanced user interface (touch screen) for the smartphone, and (3) displays what is displayed on the smartphone. ASUS wants to license its technology, but ExoTablet is already producing the hybrid device. ASUS is worried about losing its first-mover advantage on this technology. Explain what protections ASUS could seek that would allow it to preserve its first-mover position. [ASUS Computer Int’l v ExoTablet, Ltd., 2014 WL 3962636 (N.D. Cal. 2014)]

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