213 research outputs found
What Reversals and Close Cases Reveal About Claim Construction: The Sequel, 13 J. Marshall Rev. Intell. Prop. L. 525 (2014)
This article updates and elaborates on last yearâs What Close Cases and Reversals Reveal About Claim Construction at the Federal Circuit. Like the previous article, this article provides empirical insight into claim construction at the Federal Circuit, by approaching the question with two unique and distinct subsets of data: (1) âreversalsâ of all district court claim construction decisions since Phillips v. AWH, and (2) âclose cases,â or post-Markman claim construction cases that had dissents in which a currently-active judge participated. The past yearâs reversals data once again confirms that district courts persistently favor narrow claim interpretations in cases in which they will be reversed. From this, it follows that most âreversalsâ reflect a failure of the district courts to follow Federal Circuit claim construction principles, rather than arbitrary fact finding by the Federal Circuit. As a result, a rule that awards more deference to district court claim constructions will likely create greater unpredictability, as district courts might be affirmed even if their decisions are not consistent with the Federal Circuitâs claim construction principles. The âclose casesâ data continues to document vast differences in approach among Federal Circuit judges in their approaches to claim construction. This article is particularly timely in light of the Supreme Courtâs grant of certiorari in Teva v. Sandoz, where the Court will consider the Federal Circuitâs standard of review of district courtâs claim construction
What Close Cases and Reversals Reveal About Claim Construction at the Federal Circuit, 12 J. Marshall Rev. Intell. Prop. L. 583 (2013)
Claim construction is central to patent litigation and has been the focus of a voluminous body of scholarship. Researchers have collected data from all aspects of claim construction cases, looking for answers to questions such as why the Federal Circuit reverses district courtsâ claim constructions so frequently, why Federal Circuit judges reach different conclusions from one another, and what methodologies these judges are utilizing. This paper takes a novel approach to analyze these questions. Rather than focus on all claim construction cases, this paper focuses only on cases where the Federal Circuit was divided and a dissent was written, and cases in which the Federal Circuit reversed the district courtsâ constructions. By looking at these two subsets of claim construction cases, we can glean insights from the data that are unapparent when looking at all cases. Specifically, we can observe trends in voting behavior, then compare those trends to different methodologies Federal Circuit judges utilize, whether expressly or impliedly. The data shows that, for reform to claim construction procedures to be meaningful, either the Federal Circuit or the Supreme Court must first address and definitively settle whether it is appropriate to determine âwhat the inventor actually inventedâ as a first step to claim construction. Once settled, ideas for reform can be debated. One such idea might involve applying an algorithm for construing claims, an example of which is provided in Appendix C
Perancangan Sistem Informasi Manajemen Perhitungan Gaji di Hotel Relasi
Perhitungan gaji yang dilakukan di Hotel Relasi masih beerjalan secara manual. Perhitungan gaji yang secara manual cukup merepotkan bagi manager. Oleh karena itu, melalui perancangan sistem informasi perhitungan gaji ini diharapkan proses perhitungan gaji dapat menjadi lebih cepat dan efisien. Sistem yang akan dirancang dengan menerapkan tahapan rekayasa perangkat lunak ini, akan menggunakan model Air Terjun (Waterfall LifeCycle). Perancangan sistem dimulai dari pengumpulan data, analisi sistem dengan menggunakan Diagram Konteks, DFD, spesifikasi tabel, dan ERD, perancangan, implementasi dan pengujian. Instalasi dan pemeliharaan tidak dilakukan. Implementasi menggunakan bahasa pemrograman Visual Basic (VB) 6.0 dan database SQL Server. Pengujian yang dilakukan hanya terbatas pada fungsionalitas menggunakanblack-box testing
Inelastic and stimulated scattering of light from mobile carriers in semi-conductors.
Massachusetts Institute of Technology. Dept. of Physics. Thesis. 1972. Ph.D.MICROFICHE COPY ALSO AVAILABLE IN SCIENCE LIBRARY.Vita.Includes bibliographical references.Ph.D
Novel Processes and Materials for Infrared Nonlinear Optics
Contains description of one research project.National Science Foundation Grant EET 87-1841
Universal patterns in sound amplitudes of songs and music genres
We report a statistical analysis over more than eight thousand songs.
Specifically, we investigate the probability distribution of the normalized
sound amplitudes. Our findings seems to suggest a universal form of
distribution which presents a good agreement with a one-parameter stretched
Gaussian. We also argue that this parameter can give information on music
complexity, and consequently it goes towards classifying songs as well as music
genres. Additionally, we present statistical evidences that correlation aspects
of the songs are directly related with the non-Gaussian nature of their sound
amplitude distributions.Comment: Accepted for publication as a Brief Report in Physical Review
Anomalous diffusion in a symbolic model
We address this work to investigate some statistical properties of symbolic
sequences generated by a numerical procedure in which the symbols are repeated
following a power law probability density. In this analysis, we consider that
the sum of n symbols represents the position of a particle in erratic movement.
This approach revealed a rich diffusive scenario characterized by non-Gaussian
distributions and, depending on the power law exponent and also on the
procedure used to build the walker, we may have superdiffusion, subdiffusion or
usual diffusion. Additionally, we use the continuous-time random walk framework
to compare with the numerical data, finding a good agreement. Because of its
simplicity and flexibility, this model can be a candidate to describe real
systems governed by power laws probabilities densities.Comment: Accepted for publication in Physica Script
Renormalization: the observable-state model
The usual mathematical formalism of quantum field theory is non-rigorous
because it contains divergences that can only be renormalized by non-rigorous
mathematical methods. The purpose of this paper is to present a method of
subtraction of this divergences using the formalism of decoherence. This is
achieved by replacing the standard renormalization method by a projector on a
well defined Hilbert subspace. In this way a list of problems of the standard
formalism disappears while the physical results of QFT remains valid. From it
own nature, this formalism can be used in non-renormalizable theories.Comment: 23 page
Weylâs gauge argument
The standard U(1) âgauge principleâ or âgauge argumentâ produces an exact potential A=dλ and a vanishing field F=ddλ=0. Weyl has his own gauge argument, which is sketchy, archaic and hard to follow; but at least it produces an inexact potential A and a nonvanishing field F=dAâ 0. I attempt a reconstruction
- âŠ