Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action

This Article provides an overview of the Federal Circuit’s all substantial rights doctrine. Surveying decades of case law, this Article seeks to clarify this confusing area of the law and set out the essential rules for those engaged in patent licensing, patent assignment, and patent litigation. This Article begins by explaining why effective ownership of a patent is critical to standing, and then describes the framework through which courts determine whether a party is, in fact, in possession of all substantial rights and is therefore the effective owner. While there are many factors that courts may consider, certain rights take priority in this analysis, the right to enforce being the most important. This Article concludes by providing guidance on how to structure an agreement to ensure that these rights are allocated predictably and reliably to convey effective ownership of the patent

Two-Brane Randall-Sundrum Model in AdS_5 and dS_5

Two flat Randall - Sundrum three-branes are analyzed, at fixed mutual distance, in the case where each brane contains an ideal isotropic fluid. Both fluids are to begin with assumed to obey the equation of state p=(\gamma -1)\rho, where \gamma is a constant. Thereafter, we impose the condition that there is zero energy flux from the branes into the bulk, and assume that the tension on either brane is zero. It then follows that constant values of the fluid energies at the branes are obtained only if the value of \gamma is equal to zero (i.e., a `vacuum' fluid). The fluids on the branes are related: if one brane is a dS_4 brane (the effective four-dimensional constant being positive), then the other brane is dS_4 also, and if the fluid energy density on one brane is positive, the energy density on the other brane is larger in magnitude but negative. This is a non-acceptable result, which sheds some light on how far it is possible to give a physical interpretation of the two-brane scenario. Also, we discuss the graviton localization problem in the two-brane setting, generalizing prior works.Comment: 12 pages, no figures; revised discussion in section III on negative energy densitie

Company Financing, Capital Structure, and Ownership: A Survey, and Implications for Developing Economies

This paper critically surveys the key literature on corporate financing policy, capital structure and firm ownership in order to identify the leading theoretical and empirical issues in this area. The theoretical component of the survey attempts to reconcile competing theories of capital structure and appraises recent models which use agency theory and asymmetric information to explore the impact of managerial shareholdings, corporate strategy and taxation on the firm’s capital structure. The empirical component focuses on univariate analyses as well as multivariate models of capital structure, and makes a comparison between theoretical predictions and empirical results. Implications are identified in terms of promising research ideas (PRIs) for further research. The bulk of the empirical research that we survey is concerned with the experience of a few western industrial countries, and the implications of this research are assessed accordingly. However, we also aim to draw out implications for new research in developing and newly industrialised countries with an expanding corporate sector.

Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action

This Article provides an overview of the Federal Circuit’s all substantial rights doctrine. Surveying decades of case law, this Article seeks to clarify this confusing area of the law and set out the essential rules for those engaged in patent licensing, patent assignment, and patent litigation. This Article begins by explaining why effective ownership of a patent is critical to standing, and then describes the framework through which courts determine whether a party is, in fact, in possession of all substantial rights and is therefore the effective owner. While there are many factors that courts may consider, certain rights take priority in this analysis, the right to enforce being the most important. This Article concludes by providing guidance on how to structure an agreement to ensure that these rights are allocated predictably and reliably to convey effective ownership of the patent

Stacking-induced fluorescence increase reveals allosteric interactions through DNA

From gene expression to nanotechnology, understanding and controlling DNA requires a detailed knowledge of its higher order structure and dynamics. Here we take advantage of the environment-sensitive photoisomerization of cyanine dyes to probe local and global changes in DNA structure. We report that a covalently attached Cy3 dye undergoes strong enhancement of fluorescence intensity and lifetime when stacked in a nick, gap or overhang region in duplex DNA. This is used to probe hybridization dynamics of a DNA hairpin down to the single-molecule level. We also show that varying the position of a single abasic site up to 20 base pairs away modulates the dye–DNA interaction, indicative of through-backbone allosteric interactions. The phenomenon of stacking-induced fluorescence increase (SIFI) should find widespread use in the study of the structure, dynamics and reactivity of nucleic acids