The Power of Distant Rewards: Driving International Innovation Through United States Patent Incentives

Technological innovation outside the United States is increasing. The United States remains the largest single source of new inventions, but the rest of the world produces most technological advances. Yet, even as innovation capacity outside the United States grows, the production of advances remains underincentivized in many developed and developing countries. Weak incentives apply to the outlier advances that are the province of patent laws. These outlier advances—typically reflecting material departures from prior technical knowledge and potentially establishing fundamentally new lines of technological development and consumer products—are particularly important components of technological development. By shortchanging incentives for outlier advances, society hinders the pace and scope of technological advancement. Talented innovators located outside the United States too often look to home country patent laws for invention rewards and incentives. This results in weak incentives and undesirably low levels of technological innovation regarding the types of outlier advances addressed by patents. This article explains the inadequacy of many home country patent laws to incentivize innovation by inventors working outside the United States. It argues that inventors across the world should look to United States patent laws for their primary invention rewards. Such a strategy will not only spur additional funding and institutional backing for research worldwide, but will increase the likelihood that more outlier technologies will be created to the benefit of parties in the United States and throughout the world

Beyond Fines: Innovative Corporate Sentences Under Federal Sentencing Guidelines

This Article examines innovative corporate sentences beyond fines. It emphasizes types of corporate sentences recommended under the United States Sentencing Commission\u27s Sentencing Guidelines for Organizations. The Article has four goals. First, it seeks to inform judges, prosecutors, defense attorneys and others in the criminal justice community about these as yet unfamiliar corporate sentencing options. Second, it explores the policy rationales supporting innovative corporate sentences. Third, it considers ambiguities in the Guidelines authorizing innovative corporate sentences and suggests means to resolve these ambiguities. Fourth, the Article articulates principles for sentencing courts to use in crafting specific corporate sentences within the broad authorizing language of the Sentencing Guidelines. Finally, the Article identifies circumstances warranting innovative sanctions under the Guidelines, some limitations on their use, and sentencing and prosecutorial strategies that will maximize public benefits from these sanctions

Constructed and Enhanced Equities Under eBay: Whose Right is it Anyway?

This article treats the injunction issuance standards announced in eBay Inc. v. MercExchange, LLC, as the starting point for patent enforcement planning by sophisticated clients and their patent and corporate attorneys. The eBay standards imply a set of circumstances in which a patent holder will be well-positioned to obtain a patent enforcement injunction, circumstances that patent holders may be able to reach through well-crafted strategic moves. This article explores the actions that a pure licensee patent holder can take to improve its position and establish constructed equities that will enhance its chances of obtaining a patent enforcement injunction

The Power of Distant Rewards: Driving International Innovation Through United States Patent Incentives

Technological innovation outside the United States is increasing. The United States remains the largest single source of new inventions, but the rest of the world produces most technological advances. Yet, even as innovation capacity outside the United States grows, the production of advances remains underincentivized in many developed and developing countries. Weak incentives apply to the outlier advances that are the province of patent laws. These outlier advances—typically reflecting material departures from prior technical knowledge and potentially establishing fundamentally new lines of technological development and consumer products—are particularly important components of technological development. By shortchanging incentives for outlier advances, society hinders the pace and scope of technological advancement. Talented innovators located outside the United States too often look to home country patent laws for invention rewards and incentives. This results in weak incentives and undesirably low levels of technological innovation regarding the types of outlier advances addressed by patents. This article explains the inadequacy of many home country patent laws to incentivize innovation by inventors working outside the United States. It argues that inventors across the world should look to United States patent laws for their primary invention rewards. Such a strategy will not only spur additional funding and institutional backing for research worldwide, but will increase the likelihood that more outlier technologies will be created to the benefit of parties in the United States and throughout the world

Of Czechoslovakia and Ourselves: Essential Legal Supports for a Free Market Economy

The new Czechoslovak Government is in the process of dramatically revising that country\u27s commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government\u27s future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government\u27s plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons

Distribution of \u3cem\u3eCotesia rubecula\u3c/em\u3e (Hymenoptera: Braconidae) and Its Displacement of \u3cem\u3eCotesia glomerata\u3c/em\u3e in Eastern North America

A survey was conducted from May to Oct of 2011 of the parasitoid community of the imported cabbageworm, Pieris rapae (Lepidoptera: Pieridae), in cole crops in part of the eastern United States and southeastern Canada. The findings of our survey indicate that Cotesia rubecula (Hymenoptera: Braconidae) now occurs as far west as North Dakota and has become the dominant parasitoid of P. rapae in the northeastern and north central United States and adjacent parts of southeastern Canada, where it has displaced the previously common parasitoid Cotesia glomerata (Hymenoptera: Braconidae). Cotesia glomerata remains the dominant parasitoid in the mid-Atlantic states, from Virginia to North Carolina and westward to southern Illinois, below latitude N 38° 48′. This pattern suggests that the released populations of C. rubecula presently have a lower latitudinal limit south of which they are not adapted