Living with Patents: Insights from Patent Misuse

The Author argues that the patent misuse doctrine should be eliminated. Created almost a century ago as a response to patent power, it has now not only outlived its purpose but causes affirmative harm. Other more nuanced approaches, including antitrust law, produce superior results. Although the Federal Circuit has contained the doctrine, it cannot overrule Supreme Court misuse precedent. Accordingly, the Court should abolish the doctrine at the earliest opportunity or, failing prompt action, Congress should add the matter to its ongoing patent reform agenda. The misuse experience also provides valuable insights regarding how we can appropriately live with our patent regime. It clarifies that the instinct to punish patent owners whenever their actions cause discomfort will only serendipitously produce a desirable outcome. Instead we must first confirm the complaint reflects a legitimate policy concern, either improper implementation or disagreement with the goals we have set for patent law and then, ensuring not to conflate the former with the latter, make the related adjustments

Relation of Income and Education Level with Cardiorespiratory Fitness

International Journal of Exercise Science 8(3): 265-276, 2015. While there is strong evidence measuring the association between leisure time physical activity (LTPA) and socioeconomic status (SES) there are limited data on the relationship between cardiorespiratory fitness (CRF) and SES. The purpose of this cross-sectional study was to examine differences in CRF and LTPA between household income and individual education in young adults. A sample of 171 (males n=98, female n=73) young adults participated in the University of Pittsburgh-Physical Activity Study. Participants completed CRF testing. Demographic characteristics were assessed via interviewer administered standardized survey and LTPA was assessed using the interviewer administered Modifiable Activity Questionnaire. Participants were grouped by income and education level. Analysis of variance and general linear modeling was used to compare LTPA and CRF between groups. There were no differences in CRF between income levels (p=0.126) or education levels (p=0.990) for the total sample. There were no differences in LTPA between income levels (p=0.936) or education level (p=0.182) for the total sample. Results suggest that neither income nor education levels are indicators of CRF in this sample of young adults. Other environmental, sociological, or familial health mediators may have a strong effect on CRF in young adult males and females