James invents the “mental remote,” a devise that allows a person watching tv to change the…

James invents the “mental remote,” a devise that allows a person watching tv to change the channel simply by thinking of the channel he or she would like to watch. He duly patents his new product and begins marketing it. His initial price for the device if $49 per unit. Although this device is wildly successful, James finds that he is making only small profits from selling these devices because they cost so much to manufacture- it costs James approximately $45 to manufacture a mental remote. His market research indicates that raising his price would so sharply decrease demand for his product that doing such is not a legitimate option. After spending some time thinking, James comes up with a new idea. Instead of merely producing the mental remote and selling it as an individual product, he decides to produce entire televisions and designs the mental remote device so that it is only compatible with his television. He decides that henceforth, he will only produce and sell mental remotes that are compatible with the televisions that he produces. This will increase his profit margin dramatically, because James’ research indicates he can charge $200 for a tv with the mental remote, which he can produce for only $127. He produces the prototype and submits his mental remote- compatible tv for patent protection. 1) Other television manufacturers argue that this patent should not be granted because the only “new” technology is not really “new” at all. They argue that the only new technology was the remote itself and that has already been patented and is being sold on the open market. The remote-compatible televisions, they argue, are not new products. They are simply televisions that James’ has altered to make sure that his hold on the mental remote allows him power in the television producing market. Based on your knowledge of patent law and the policies behind the patent rules and using the NPC courseware to the extent you wish, please analyze whether the USPTO should grant James’ application to patent his mental remote-compatible televisions. 2) The Department of Justice brings an anti-trust action against James under the Sherman Act (15 U.S.C. §§ 1,2, et. Seq.), claiming that James’ action constitutes an illegal “tying” arrangement because it ties the sale of the television to the sale of the mental remote, over which he has a patent. Attached is a recent case from the United States Supreme Court that dealt with tying arrangements with patented products. Please read that case and do a thorough analysis as you can of our case in light of that case. Make sure to explain the similarities and distinctions that are relevant between this case and that case. Please answer this question based on your knowledge of intellectual property law and the National Paralegal College courseware. There is no need to use or research case law in the completion of this assignment other than the attached case.


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