Conference Report—U.S. & German Bench and Bar Gathering: “A New Bridge Across the Atlantic”: The Future of American Patent Litigation

2013 ◽  
Vol 14 (1) ◽  
pp. 269-278
Author(s):  
David A. Hurst
Keyword(s):  
United States ◽  
Conference Report ◽  
The United States ◽  
Patent Law ◽  
Washington Dc ◽  
Patent Litigation ◽  
Current State ◽  
Federal Circuit ◽  
Bar Association ◽  
The U.S

The U.S. & German Bench and Bar Gathering, “A New Bridge Across the Atlantic,” held in Washington, DC, in May 2012, was aptly timed to discuss the developments in German and American patent law. The Federal Circuit Bar Association and the Patentanwaltskammer (German Patent Lawyers Association) brought distinguished judges and attorneys from their respective countries to discuss the current state of the two patent systems. This involved consideration of where the two systems might be converging and why the two countries have had dissimilar litigation patterns. Particularly with respect to the latter of these inquiries, much of the debate throughout the conference focused on the differences in litigation discovery and procedural rules. The conference highlighted the fact that, at the most fundamental level, these differences are a product of differing perceptions of how justice should be administered. A brief overview comparing patent litigation in Germany and the United States will help frame this report.

Implementation of sustainable public procurement practices and policies: A sorting framework

2016 ◽  
Vol 16 (3) ◽  
pp. 312-346 ◽  
Author(s):  
Eric Prier ◽  
Edward Schwerin ◽  
Clifford P. McCue
Keyword(s):  
United States ◽  
Risk Taking ◽  
Empirical Data ◽  
Public Procurement ◽  
The United States ◽  
Government Agencies ◽  
Organizational Size ◽  
Current State ◽  
Systematic Pattern ◽  
The U.S

In general, there are many disincentives standing in the way of promoting change in public procurement practices by government agencies. Because engaging in sustainable purchasing requires some level of entrepreneurialism and risk-taking, a sorting framework is adopted to gauge whether some organizations are systematically more likely to pursue sustainable public purchasing (SPP) efforts than others. One-way analysis of variance and other methods are applied to a survey of public procurement practitioners across over 300 governments in the U.S. Results strongly suggest that agencies of various scope and reach tend to abstain from aggressively pursuing SPP efforts. However, when they do employ SPP, these efforts tend to be quite variable across and within levels of government and organizational size. In an effort to bridge theory with empirical data, a strong case can be made that the current state of SPP in the United States is the result of random and very cautious experimentation with little systematic pattern to SPP adoption.

scholarly journals A Study on the GIS Professional (GISP) Certification Program in the U.S.

2020 ◽  
Vol 9 (9) ◽  
pp. 523
Author(s):  
Dapeng Li ◽  
Yingru Li ◽  
Quynh C. Nguyen ◽  
Laura K. Siebeneck
Keyword(s):  
New York ◽  
Spatial Patterns ◽  
Urban Areas ◽  
The United States ◽  
Washington Dc ◽  
Certification Program ◽  
Managerial Role ◽  
Current State ◽  
Shed Light ◽  
The U.S

This study examines the characteristics of the members in the most popular Geographic Information Systems (GIS) Professional (GISP) certification program in the United States as well as the spatial patterns of the certified GISPs. The results show that the majority of GISPs (97.3%) are located in urban areas. About 75% of the GISPs are male. Among all the GISPs, 3971 GISPs (43.3%) play a managerial role, while 4983 individuals (54.5%) assume a non-administrative role. Among the GISPs with a non-administrative role, 348 GISPs (7%) fall within the GIS Developer group, 3392 GISPs (68%) belong to the GIS Analyst group, and 1243 GISPs (25%) play other roles. Additionally, in our analysis of spatial patterns, we identified two hotspots and two coldspots. The first hotspot is centered around Idaho and Wyoming, while the second hotspot includes Virginia, Washington DC, and Maryland. One coldspot is along Iowa, Missouri, Arkansas, and Louisiana in the central U.S., while the other coldspot includes states such as Connecticut, New Jersey, and New York on the east coast. The information presented in this study can help GIS educators and practitioners develop a better understanding of the current state of this certification program in the U.S and shed light on how to further improve the GISP certification program.

D3. 9/11 COMMISSION REPORT, EXCERPTS TOUCHING ON THE ROLE OF U.S. POLICY TOWARD ISRAEL IN THE 9/11 ATTACKS, WASHINGTON, DC, 28 JULY 2004.

2004 ◽  
Vol 34 (1) ◽  
pp. 170-171
Keyword(s):  
United States ◽  
The United States ◽  
Global Strategy ◽  
Government Printing ◽  
Washington Dc ◽  
Commission Report ◽  
Islamist Terrorism ◽  
The Impact ◽  
The U.S

The bipartisan commission's 565-page report was issued after many months of investigating, reviewing documents, interviewing hundreds of individuals, and hearing testimony. Much of the material concerning the actual planning of the attacks comes from captured al-Qa‘‘ida operatives, and particularly from the man identified in the report as the ““principal architect of the 9/11 attacks,”” Khalid Shaykh Muhammad (KSM), a Kuwaiti national raised in Pakistan who earned a degree in mechanical engineering in the United States. The report notes (p. 147) that according ““to his own account, KSM's animus toward the United States stemmed not from his experiences there as a student, but rather from his violent disagreement with U.S. foreign policy favoring Israel.”” The following brief excerpts touch upon the importance attached to U.S. policy toward Israel in generating the attacks. The references are both in the narrative body of the report and in the more prescriptive chapter ““What to Do?? A Global Strategy,”” where the commission offers suggestions on how the United States can ““Prevent the Continued Growth of Islamist Terrorism””; the paragraph excerpted from this forty-page chapter is the only reference to the impact of U.S. policy with regard to Israel. The excerpts appear respectively on pp. 250, 362, and 376––77 of the report. The full report is available from the U.S. Government Printing Office online at www.gpoaccess.gov/911.

scholarly journals Point of Novelty

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
The Novel ◽  
New Ideas ◽  
Federal Circuit ◽  
Fundamental Requirement

We award patents to inventors because we hope to encourage new ideas. Forthis reason, the fundamental requirement for getting a patent is that youhave invented something new.It is curious, then, that patent law itself purports to pay no attention towhich aspects of a patentee’s invention are in fact new. A patentedinvention is legally defined by its claims – written definitions of theinvention. And those written definitions virtually never call out what itis that is new about the patentee’s invention.Even if the parties do identify the novel element of an invention, the lawpurports not to care. Long-standing patent law doctrine has decried anyfocus on the “point of novelty” of an invention. The United States Court ofAppeals for the Federal Circuit evaluates the claim as a whole, not justthe piece of the claim that the patentee actually added to the storehouseof knowledge. As the court frequently puts it, “there is no legallyrecognizable . . . ‘gist’ or ‘heart’ of the invention.”It turns out, however, to be hard to sustain a rule that a law concernedwith novelty will pay no attention to the point of novelty. And sopoint-of-novelty issues crop up in a number of different doctrines inpatent law, from figuring out who counts as an inventor to whether theinventor has disclosed the “best mode” of practicing the invention to whenthe sale of a product exhausts the patentee’s rights in the patent. Courtsare inconsistent in whether and how they consider the point of novelty inthese doctrines and more. But when the Federal Circuit presented with aquestion in point-of-novelty terms, it most often falls back on the mantrathat there is no point of novelty to an invention, even if it meansdiscarding long-standing precedent.It’s time to rethink the no-point-of-novelty doctrine in patent law. Iargue that ignoring what is novel about patentee’s invention makes littlesense as an across-the-board matter, and leads to a variety of harmfulconsequences. While refusing to focus on the point of novelty serves somevaluable purposes, there are other ways to achieve those ends. And in theend, a patent regime that pays attention to what the patentee actuallyinvented, not what the patent lawyer wrote down, is more likely to achievethe goal of promoting innovation.

Principles of Patent Law Involved in the Weiss Patent Litigation

1929 ◽  
Vol 2 (1) ◽  
pp. 93-98
Author(s):  
Anthony William Deller
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
Dual Function ◽  
Patent Litigation ◽  
Rubber Industry ◽  
The Supreme Court ◽  
The Status ◽  
History Of ◽  
Widespread Interest

Abstract OWING to the widespread interest in the chemical industry generally, and especially in the rubber industry, in diphenylguanidine as an accelerator in the vulcanization of rubber, it is believed that a discussion of the recent decision of the Supreme Court of the United States in the matter of the Weiss diphenylguanidine patent will serve a dual function of informing chemists about the status and the history of the Weiss patent and, at the same time, of expounding some of the principles of patent law involved in the case.

scholarly journals Foundations in Switzerland: Between the American and the German Cases

2018 ◽  
Vol 62 (13) ◽  
pp. 1919-1932 ◽  
Author(s):  
Georg von Schnurbein ◽  
Marybel Perez
Keyword(s):  
United States ◽  
Historical Development ◽  
Descriptive Analysis ◽  
The United States ◽  
Current State ◽  
Asset Distribution ◽  
The U.S

This article considers the current state of the Swiss foundation sector in relation to both its own historical development and its counterparts in Germany and the United States. Through a descriptive analysis of the database of the Center for Philanthropy Studies (CEPS) of 11,619 foundations and a case study of 2,679 foundations in 7 cantons, we show that despite the similarities to Germany in historical growth and to the United States in asset distribution Swiss foundations are unique in density and fields of activity they pursue. In terms of roles Swiss foundations are close to the U.S. foundations in their emphasis on complementarity, but in terms of approach are close to Germany with a significant number of grant-making foundations. Overall, it is found that despite some socioeconomic transformations in Switzerland the categorization of the foundation sector close to a liberal model has not fundamentally changed.

Patent Trolls and Patent Litigation Reform

2017 ◽  
Author(s):  
Paul R. Gugliuzza
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
Patent Litigation ◽  
Legislative Reform ◽  
Legislative Proposals ◽  
Discrete Problems

This chapter critically examines recent legislative proposals to reform patent litigation in the United States. It begins by providing background on the dynamics that are driving the calls for reform, including complaints about so-called patent trolls. It then reviews proposed bills that would, among other things, impose heightened pleading standards on plaintiffs, limit discovery, and create a presumption that the loser should pay the winner’s attorneys’ fees. After surveying many recent changes to patent law already made by the courts and by Congress in the America Invents Act, the chapter concludes by arguing that additional legislative reform is largely unnecessary. Rather, Congress should focus on discrete problems in patent litigation that the courts may be unable to solve on their own, such as the unusually heavy concentration of cases in the rural Eastern District of Texas.

Review: Justice in Mathematics Education: Reaching beyond Equity

1991 ◽  
Vol 22 (2) ◽  
pp. 157-161
Author(s):  
Joanne Rossi Becker
Keyword(s):  
United States ◽  
Mathematics Education ◽  
The United States ◽  
Cross Cultural ◽  
Current State ◽  
Cultural Comparisons ◽  
And Mathematics ◽  
The U.S

Although not a definitive volume on the current state of our knowledge concerning gender and mathematics. this book nevertheless collects in one place a discussion of some of the critical variables that relate to inequity in mathematics education for females. The book is edited by two of the leading researchers in this area of endeavor, each well known within and outside of her native country. This collaboration between Fennema and Leder provides some parallel research from their respective countries, the United States and Australia, thus allowing some cross-cultural comparisons. Most of the volume. however. reports about research conducted in the U.S. by former students of Fennema.

The Current State of Contemporary Chinese Studies in Japan

1986 ◽  
Vol 107 ◽  
pp. 505-518 ◽  
Author(s):  
Ryosei Kokubun
Keyword(s):  
United States ◽  
Communist Party ◽  
Chinese Communist Party ◽  
Japanese Version ◽  
The United States ◽  
Diplomatic Relations ◽  
Current State ◽  
Chinese Studies ◽  
Contemporary Chinese ◽  
The U.S

Sino-Japanese ties have been expanding since formal diplomatic relations were established in 1972. Recently, both governments organized a China–Japan Friendship Committee for the 21 st Century, a Sino-Japanese version of the U.S.–Japan Wiseman's Group, which has played an important role in cementing links between the United States and Japan through the years. The new China–Japan Committee is jointly headed by Tadao Ishikawa, president of Keio University and a scholar of Chinese politics, and by Wang Zhaoguo, the 45 yearold head of the general office of the Chinese Communist Party. This committee holds annual meetings to explore Sino-Japanese relations in depth. In addition, since 1982, a China–Japan Civilian Meeting has been convened, alternately in Tokyo and Beijing, bringing together over 100 Chinese and Japanese businessmen, politicians and scholars to survey Sino-Japanese relations. Finally, since 1980, at an annual ministerial meeting, the top ministers of each government review their activities.

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