Multi-National Patent Litigation: Management of Discovery and Settlement Issues and the Role of the Judiciary

National patent laws protect intellectual property rights. However, these rights can only be enforced in the country that granted the patent. Therefore, a patent owner must pursue infringement or revocation proceedings in each country where his patent rights are challenged even if the defendant is the same party. Patent owners are forced to pursue duplicative litigation on a nation-by-nation basis,incurring significant costs and draining valuable judicial resources. Duplicative litigation may result in conflicting outcomes, the impact of which can be complex and costly.... This article will focus on Germany, Japan, the United Kingdom, and the United States. First, we will provide a broad overview of the procedural landscape of these jurisdictions, paying particular attention to discovery and settlement. Then, we will examine the formal and informal mechanisms involved in cross-border discovery and settlement. Finally, we will propose some mechanisms that judges can use to facilitate an efficient discovery process and the settlement of international patent disputes

Well-posedness for the diffusive 3D Burgers equations with initial data in H1/2H^{1/2}

In this note we discuss the diffusive, vector-valued Burgers equations in a three-dimensional domain with periodic boundary conditions. We prove that given initial data in $H^{1/2}$ these equations admit a unique global solution that becomes classical immediately after the initial time. To prove local existence, we follow as closely as possible an argument giving local existence for the Navier--Stokes equations. The existence of global classical solutions is then a consequence of the maximum principle for the Burgers equations due to Kiselev and Ladyzhenskaya (1957). In several places we encounter difficulties that are not present in the corresponding analysis of the Navier--Stokes equations. These are essentially due to the absence of any of the cancellations afforded by incompressibility, and the lack of conservation of mass. Indeed, standard means of obtaining estimates in $L^2$ fail and we are forced to start with more regular data. Furthermore, we must control the total momentum and carefully check how it impacts on various standard estimates.Comment: 15 pages, to appear in "Recent Progress in the Theory of the Euler and Navier--Stokes Equations", eds. J.C. Robinson, J.L. Rodrigo, W. Sadowski and A. Vidal-L\'opez, Cambridge University Press, 201

Multi-national patent litigation : management of discovery and settlement issues and the role of the judiciary

National patent laws protect intellectual property rights. However, these rights can only be enforced in the country that granted the patent. Therefore, a patent owner must pursue infringement or revocation proceedings in each country where his patent rights are challenged even if the defendant is the same party. Patent owners are forced to pursue duplicative litigation on a nation-by-nation basis,incurring significant costs and draining valuable judicial resources. Duplicative litigation may result in conflicting outcomes, the impact of which can be complex and costly.... This article will focus on Germany, Japan, the United Kingdom, and the United States. First, we will provide a broad overview of the procedural landscape of these jurisdictions, paying particular attention to discovery and settlement. Then, we will examine the formal and informal mechanisms involved in cross-border discovery and settlement. Finally, we will propose some mechanisms that judges can use to facilitate an efficient discovery process and the settlement of international patent disputes

An Eulerian–Lagrangian form for the Euler equations in Sobolev spaces

In 2000 Constantin showed that the incompressible Euler equations can be written in an “Eulerian–Lagrangian” form which involves the back-to-labels map (the inverse of the trajectory map for each fixed time). In the same paper a local existence result is proved in certain Hölder spaces C1,μ . We review the Eulerian–Lagrangian formulation of the equations and prove that given initial data in H s for n≥2 and s>n2+1 , a unique local-in-time solution exists on the n-torus that is continuous into H s and C 1 into H s-1. These solutions automatically have C 1 trajectories. The proof here is direct and does not appeal to results already known about the classical formulation. Moreover, these solutions are regular enough that the classical and Eulerian–Lagrangian formulations are equivalent, therefore what we present amounts to an alternative approach to some of the standard theory

X-ray Spectral Analysis of the Steady States of GRS 1915+105

We report on the X-ray spectral behavior within the steady states of GRS 1915+105. Our work is based on the full data set on the source obtained using the Proportional Counter Array on the Rossi X-ray Timing Explorer and 15 GHz radio data obtained using the Ryle Telescope. The steady observations within the X-ray data set naturally separated into two regions in the color-color diagram and we refer to them as steady-soft and steady-hard. GRS 1915+105 displays significant curvature in the coronal component in both the soft and hard data within the {\it RXTE}/PCA bandpass. A majority of the steady-soft observations displays a roughly constant inner disk radius (R_in), while the steady-hard observations display an evolving disk truncation which is correlated to the mass accretion rate through the disk. The disk flux and coronal flux are strongly correlated in steady-hard observations and very weakly correlated in the steady-soft observations. Within the steady-hard observations we observe two particular circumstances when there are correlations between the coronal X-ray flux and the radio flux with log slopes \eta~0.68 +/- 0.35 and \eta ~ 1.12 +/- 0.13. They are consistent with the upper and lower tracks of Gallo et al. (2012), respectively. A comparison of model parameters to the state definitions show that almost all steady-soft observations match the criteria of either thermal or steep power law state, while a large portion of the steady-hard observations match the hard state criteria when the disk fraction constraint is neglected.Comment: 21 pages, 15 figures, 2 tables. Accepted for publication in Ap

On the Mathematics and Metaphysics of the Hole Argument

We make some remarks on the mathematics and metaphysics of the hole argument, in response to a recent article in this journal by Weatherall ([2018]). Broadly speaking, we defend the mainstream philosophical literature from the claim that correct usage of the mathematics of general relativity `blocks' the argument

On the Mathematics and Metaphysics of the Hole Argument

We make some remarks on the mathematics and metaphysics of the hole argument, in response to a recent article in this journal by Weatherall ([2018]). Broadly speaking, we defend the mainstream philosophical literature from the claim that correct usage of the mathematics of general relativity `blocks' the argument

Single-inhaler triple therapy in patients with chronic obstructive pulmonary disease:a systematic review

Abstract Background Guidelines recommend that treatment with a long-acting β2 agonist (LABA), a long-acting muscarinic antagonist (LAMA), and inhaled corticosteroids (ICS), i.e. triple therapy, is reserved for a select group of symptomatic patients with chronic obstructive pulmonary disease (COPD) who continue to exacerbate despite treatment with dual therapy (LABA/LAMA). A number of single-inhaler triple therapies are now available and important clinical questions remain over their role in the patient pathway. We compared the efficacy and safety of single-inhaler triple therapy to assess the magnitude of benefit and to identify patients with the best risk-benefit profile for treatment. We also evaluated and compared study designs and population characteristics to assess the strength of the evidence base. Methods We conducted a systematic search, from inception to December 2018, of randomised controlled trials (RCTs) of single-inhaler triple therapy in patients with COPD. The primary outcome was the annual rate of moderate and severe exacerbations. Results We identified 523 records, of which 15 reports/abstracts from six RCTs were included. Triple therapy resulted in the reduction of the annual rate of moderate or severe exacerbations in the range of 15–52% compared with LAMA/LABA, 15–35% compared to LABA/ICS and 20% compared to LAMA. The patient-based number needed to treat for the moderate or severe exacerbation outcome ranged between approximately 25–50 (preventing one patient from having an event) and the event-based number needed to treat of around 3–11 (preventing one event). The absolute benefit appeared to be greater in patients with higher eosinophil counts or historical frequency of exacerbations and ex-smokers. In the largest study, there was a significantly higher incidence of pneumonia in the triple therapy arm. There were important differences in study designs and populations impacting the interpretation of the results and indicating there would be significant heterogeneity in cross-trial comparisons. Conclusion The decision to prescribe triple therapy should consider patient phenotype, magnitude of benefit and increased risk of adverse events. Future research on specific patient phenotype thresholds that can support treatment and funding decisions is now required from well-designed, robust, clinical trials. Trial registration PROSPERO #CRD42018102125 .https://deepblue.lib.umich.edu/bitstream/2027.42/152151/1/12931_2019_Article_1213.pd