A Patent Reformist Supreme Court and Its Unearthed Precedent

How is it that the Supreme Court, a generalist court, is leading a project of innovation reform in our times while the court of appeals established to encourage innovation is having its precedent stricken down time and again? This decade the Supreme Court has issued far more patent law decisions than in any decade since the passage of the Patent Act of 1952. In doing so, the Supreme Court has overruled the Federal Circuit in roughly threequarters of the patent cases in which the Supreme Court has issued opinions. In most of these cases, the Supreme Court has established rules that favor accused infringers over patent holders, and the result has been an era of patent litigation reform far more impactful than anything Congress has achieved. Scholars have observed that the Supreme Court tends to overrule Federal Circuit decisions that (1) impose rigid legal rules as opposed to flexible standards; (2) adopt special rules for patent law cases rather than applying general principles of law and equity applicable to all federal cases; and/or (3) fail to grant sufficient discretion to the district courts. This paper examines the twenty-eight Supreme Court opinions overruling the Federal Circuit since 2000 and quantifies their rationales to discover that, while these reasons are often invoked, the Supreme Court’s most common rationale is that the Federal Circuit has disregarded or cabined its older precedent from before the 1982 creation of the Federal Circuit, from before the 1952 Patent Act, and even from before the 20th Century. The Court has relied on this rationale in twenty-one of the twenty-eight cases. The paper then seeks to probe beneath the surface level patterns to discover the deeper roots of the discord between the Supreme Court and the Federal Circuit. Constitutional law scholars have observed that the Supreme Court’s policy preferences are the primary, unstated motivation behind its decisions. The Court writes opinions that rely on the flexible tools of precedent and stare decisis in order to implement its policy choices while maintaining its institutional reputation for neutrality. The Court does this by influencing precedent vitality; the Court selects which of its precedent to rely upon and augment and which of its precedent to distinguish and narrow. This process runs in direct conflict with the Federal Circuit, a court that was originally conceived and viewed by some of its members as a court intended to bring uniformity to patent law in a way that would reinvigorate patent rights. The Federal Circuit would implement the 1952 Patent Act in a way that would draw patent law out of the nineteenth century. But for the Supreme Court, the 1952 Act was a mere codification of patent law as developed by the courts for over a hundred years. Hence, the Federal Circuit seeks to influence precedent vitality at direct cross-purposes with the Supreme Court. The result of the Supreme Court’s project has been a new era of common law patent reform in favor of accused infringers, which is gaining momentum as the Supreme Court decides far more patent cases than it has since the passage of the Patent Act of 1952

Terrapene

Number of Pages: 6Integrative BiologyGeological Science

Terrapene carolina

Number of Pages: 13Integrative BiologyGeological Science

Charging axisymmetric space-times with cosmological constant

Ernst's solution generating technique for adding electromagnetic charge to axisymmetric space-times in general relativity is generalised in presence of the cosmological constant. Ernst equations for complex potentials are found and they are traced back to an affective dual complex dynamical system, whose symmetries are studied. In particular this method is able to generate charged, asymptotically (A)dS black holes from their uncharged version: as an example, it is shown explicitly how to pass from the Kerr-(A)dS to the Kerr-Newman-(A)dS metric. A new solution describing a magnetic universe in presence of the cosmological constant is also generated.Comment: 15 pages, v2: typos correcte

Evaluation of MARC for the analysis of rotating composite blades

The suitability of the MARC code for the analysis of rotating composite blades was evaluated using a four-task process. A nonlinear displacement analysis and subsequent eigenvalue analysis were performed on a rotating spring mass system to ensure that displacement-dependent centrifugal forces were accounted for in the eigenvalue analysis. Normal modes analyses were conducted on isotropic plates with various degrees of twist to evaluate MARC's ability to handle blade twist. Normal modes analyses were conducted on flat composite plates to validate the newly developed coupled COBSTRAN-MARC methodology. Finally, normal modes analyses were conducted on four composite propfan blades that were designed, analyzed, and fabricated at NASA Lewis Research Center. Results were compared with experimental data. The research documented herein presents MARC as a viable tool for the analysis of rotating composite blades

Study of a Proposed Infrared Horizon Scanner for Use in Space-Orientation Control Systems

An attitude-sensing device for space vehicles which detects the thermal radiation discontinuity at opposite horizons of a planetary body to produce an attitude error signal is described. The planetary body may be the Earth, its Moon, Mars, or Venus. The sensor is expected to have an accuracy of 0.25 degrees for the Earth, a long continuous operating lifetime, a wide altitude range, a wide capture capability, and an inherent ability to produce signals indicating vehicle altitude. An experimental model incorporating many of the features of the proposed sensor indicates that the proposed sensor will be low in weight, volume, and power consumption. The sensor's altitude range, accuracy, lifetime, and sensitivity to radiation from the Moon and planets are discussed

Randomized Dynamical Decoupling Techniques for Coherent Quantum Control

The need for strategies able to accurately manipulate quantum dynamics is ubiquitous in quantum control and quantum information processing. We investigate two scenarios where randomized dynamical decoupling techniques become more advantageous with respect to standard deterministic methods in switching off unwanted dynamical evolution in a closed quantum system: when dealing with decoupling cycles which involve a large number of control actions and/or when seeking long-time quantum information storage. Highly effective hybrid decoupling schemes, which combine deterministic and stochastic features are discussed, as well as the benefits of sequentially implementing a concatenated method, applied at short times, followed by a hybrid protocol, employed at longer times. A quantum register consisting of a chain of spin-1/2 particles interacting via the Heisenberg interaction is used as a model for the analysis throughout.Comment: 7 pages, 2 figures. Replaced with final version. Invited talk delivered at the XXXVI Winter Colloquium on the Physics of Quantum Electronics, Snowbird, Jan 2006. To be published in J. Mod. Optic

The Pharmaceutical Industry’s Corrupt Price Discrimination System: A Single Solution?

The patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights.” As a result, some countries have adopted a “national exhaustion” regime, where only a domestic sale triggers exhaustion, but other countries have adopted an “international exhaustion” regime, where sales in foreign countries trigger exhaustion. The European Union (“E.U.”) opted for a regime of “regional exhaustion,” whereby the authorized sale of a patented product in any E.U. country exhausts patent rights throughout the E.U., but patent rights in the item survive to prevent resale outside of the E.U