Father Time. I. Does the Cosmic Microwave Background Radiation Provide a Universal Arrow of Time ?

The existence of a non-thermodynamic arrow of time was demonstrated in a recent paper (Mod.Phys.Lett. A13, 1265 (1998)), in which a model of non-local Quantum Electrodynamics was formulated through the principle of gauge invariance. In this paper we show that the Cosmic Microwave Background Radiation is capable of making every particle of the universe (except those which are not acted upon by an electromagnetic field) follow this arrow of time.Comment: To appear in Mod.Phys.Lett. A. This is a slightly revised version which has been communicated to the EPS-HEP99 Conference at Tampere, Finland (15-21 July 1999) [Abs 12_204

Specialized Trial Courts: Concentrating Expertise on Fact

In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court to which the Federal Circuit would feel compelled to defer on questions of fact. It also discusses how such a court would be designed, focusing on the manner in which trial court judges could use the court-appointed advisors to evaluate competing factual claims

Unstandard Standardization: The Case of Biology

How applicable are the approaches adopted by information and communication technology standards-setting organizations to biological standards? Most engineering-based industries construct products from standard, well understood components. By contrast, despite the early attachment of the moniker “genetic engineering” to biotechnology, standardization in the biological sciences has been relatively rare

Who’s Afraid of the Federal Circuit?

In this brief Essay, Professor Rai responds to Professor Jonathan Masur\u27s Yale Law Journal article Patent Inflation. Professor Masur\u27s argument rests on the assumption that U.S. Patent and Trademark Office ( PTO ) behavior is determined almost entirely by a desire to avoid reversal by the Federal Circuit. Although the PTO is certainly a weak agency over which the Federal Circuit has considerable power, Masur overestimates the extent to which high-level PTO administrators are concerned about Federal Circuit reversals and underestimates institutional influences that are likely to operate in a deflationary direction. The PTO is influenced not only by the Federal Circuit but also by executive branch actors, industry players, and workload concerns that can push in a deflationary direction