Fact pattern for Questions FP $5-8.$

In $2001,$ American Ingenuity, Inc. $($AI$)$ develops a new snowboard with a unique glow$-$in$-$the$-$dark technology that glows brighter as the snowboard increases speed. AI files for a patent on the technology that same year but does not actually market and distribute the snowboard until $2010.$ In $2022,$ Best Copy Corporation buys an AI snowboard and analyzes the design in their laboratories. Later that same year, Best manufactures and distributes a snowboard that's design is nearly identical to that produced by AI$.$

As part of its marketing campaign for the new snowboard, Best$$s advertising team decides to include the catchy slogan $-$ "Just Do it$."$ While Best's head of marketing knows that Nike use's the same phrase, in its advertisements, she doesn't think she is violating any laws since she is just using three simple words.

The same marketing director decides to reduce advertising costs by copying and pasting a photo of a model from the Gentlemen's Quarterly $($GQ$)$ website and then using photoshop to add the model into a snowboarding scene.

The marketing campaign proves successful and Best sells $300,000$ snowboards in their first six months. An anchor for a local Aspen television station reports on the snowboard$$s success and its popularity for night$-$time snowboard runs. During the live broadcast, the anchor loudly belts out the following lyrics $$and just like Mr$.$ Ulrich says...exit light, enter night, take my hand and we're off to never never$-$land$*.$

$*$Lyrics excerpted from the song, Enter Sandman$1991$; from the Black album by Metallica$.$

Question FP $5$: AI files a suit against Best, alleging patent infringement. Is AI likely to succeed?

No$,$ because copying a design through "reverse engineering" is not considered patent infringement.

Yes, but only if AI filed to renew its patent for another term before $2021.$

Yes, because AI's patent was still active in $2022$ because the time period for patent protection does not begin until the invention as actually been manufactured and distributed in the market.

No$,$ because the patent lapsed after $20$ years and did not provide protection against infringement in $2022$ when Best copied the design.