Keeping the LEDs on and the Electric Motors Running: Clean Tech in Court After Ebay

The recent rise of non-practicing patentees (NPPs) in the clean technology space comes at a time when the international community is debating the role of intellectual property rights in the deployment and implementation of technologies to combat climate change. While the impact of intellectual property rights on the deployment of clean technology has been studied, less attention has been given to the role intellectual property regimes play in maintaining the operation of those technologies already deployed in the fight against global warming. This iBrief focuses on clean technologies that have already achieved substantial market penetration and observes that recent trends in patent law are, to a large extent, allowing those technologies to continue working to reduce carbon emissions. Specifically, the course correction in the law of patent injunctions brought about by eBay v. MercExchange and the endorsement of court-imposed ongoing royalty payments in Paice v. Toyota demonstrate an important shift in patent law that is tempering the impact of clean tech NPPs in Title 35 infringement actions in federal courts. However, these trends have caused a tactical adjustment by clean tech NPPs—namely, filing suits in the U.S. International Trade Commission (ITC), where the remedy of an exclusion order is available. These ITC cases could adversely affect implemented clean technologies

Testing the Technicolor Interpretation of CDF's Dijet Excess at the LHC

Under the assumption that the dijet excess seen by the CDF Collaboration near 150 Gev in Wjj production is due to the lightest technipion of the low-scale technicolor process $\rho_T \rightarrow W \pi_T$, we study its observability in LHC detectors with 1--20 inverse femtobarns of data. We describe interesting new kinematic tests that can provide independent confirmation of this LSTC hypothesis. We find that cuts similar to those employed by CDF, and recently by ATLAS, cannot confirm the dijet signal. We propose cuts tailored to the LSTC hypothesis and its backgrounds at the LHC that may reveal $\rho_T \rightarrow \ell\nu jj$. Observation of the isospin-related channel $\rho^{pm}_T \rightarrow Z \pi^{pm}_T \rightarrow \ell^+ \ell^- jj$ and of $\rho^{pm}_T \rightarrow WZ$ in the three lepton plus neutrino and dilepton plus dijet modes will be important confirmations of the LSTC interpretation of the CDF signal. The $Z\pi_T$ channel is experimentally cleaner than $W\pi_T$ and its rate is known from $W\pi_T$ by phase space. It can be discovered or excluded with the collider data expected in 2012. The $WZ \rightarrow 3\ell\nu$ channel is cleanest of all and its rate is determined from $W\pi_T$ and the LSTC parameter $\sin\chi$. This channel and $WZ \rightarrow \ell^+\ell^- jj$ are discussed as a function of $\sin\chi$.Comment: 24 pages, 24 figure

Testing the Technicolor Interpretation of the CDF Dijet Excess at the 8-TeV LHC

Under the assumption that the dijet excess seen by the CDF Collaboration near 150 Gev in Wjj production is due to the lightest technipion of the low-scale technicolor process $\rho_T \rightarrow W \pi_T$, we study its observability in LHC detectors for 8 TeV collisions and 20 inverse femtobarns of integrated luminosity. We describe interesting new kinematic tests that can provide independent confirmation of this LSTC hypothesis. We show that cuts similar to those employed by CDF, and recently by ATLAS, cannot confirm the dijet signal. We propose cuts tailored to the LSTC hypothesis and its backgrounds at the LHC that may reveal $\rho_T \rightarrow \ell\nu jj$. Observation of the isospin-related channel $\rho^{\pm}_T \rightarrow Z \pi^{\pm}_T \rightarrow \ell^+\ell^- jj$ and of $\rho^{\pm}_T \rightarrow WZ$ in the $\ell^+\ell^-\ell^{pm}\nu_\ell$ and $\ell^+\ell^- jj$ modes will be important confirmations of the LSTC interpretation of the CDF signal. The $Z\pi_T$ channel is experimentally cleaner than $W\pi_T$ and its rate is known from $W\pi_T$ by phase space. It can be discovered or excluded with the collider data expected by the end of 2012. The $WZ \rightarrow 3\ell\nu$ channel is cleanest of all and its rate is determined from $W\pi_T$ and the LSTC parameter $\sin\chi$. This channel and $WZ \to \ell^+\ell^- jj$ are discussed as a function of $\sin\chi$.Comment: 28 pages, 27 figures, submitted to PRD. arXiv admin note: substantial text overlap with arXiv:1201.439

Optimal Locations for Wrap City

https://digitalcommons.tacoma.uw.edu/gis_projects/1062/thumbnail.jp

Letter from Eric Lane to David Trager

This letter from Eric Lane, Counsel/Executive Director of New York City\u27s Charter Revision Commission, to David Trager states that Lane believes the substantial evidence standard is the proper standard of review for City administrative hearings. Attached to this letter is a memorandum from Paul T. Rephen, Chief of the Legal Counsel Division to New York City\u27s Law Department, dated July 12, 1988

The Real Politik of Writing and Reading Statutes

The article questions the persistent argument of U.S. Supreme Court Associate Justice Antonin Scalia that statutory language should be enough for courts to determine the outcome of a case. It points out how statutory language is often unclear by exploring personal experiences of selected judges in U.S. appellate court cases such as Holy Trinity Church v. United States and United States v. Marshall. It explains how probative legislative history had been used in interpreting unclear statutes

Letter from Eric Lane, Executive Director and Counsel, to David Trager, Commission Member

This letter from Eric Lane, Executive Director and Counsel of the Charter Revision Commission to David Trager, Commission Member discusses a September 22, 1987 private hearing on ethics. The letter is dated September 14, 1987. Attached to the letter were annotated versions of Chapters 34 (Department of Investigation) and 68 (Ethics) of the charter and portions of Chapters 49 (Officers and Employees) and 2 (Council). Also enclosed with the letter were a briefing paper on Chapter 68; an outline form summary of the testimony on the subjects presented at the public hearings (excluding Queens); a submission suggesting changes to the Board of Ethics; summary of the proposal for the changes to the Board of Ethics, and a copy of Kenneth Conboy\u27s remarks to the New York County Lawyers Association. This document along with several others were originally contained in a binder labeled, Materials re: First Private Hearing (Ethics)

Letter from Eric Lane, Executive Director and Counsel, to David Trager, Commission Member

This letter from Eric Lane, Executive Director and Counsel of the Charter Revision Commission to David Trager, Commission Member discusses a September 22, 1987 private hearing on ethics. The letter is dated September 14, 1987. Attached to the letter were annotated versions of Chapters 34 (Department of Investigation) and 68 (Ethics) of the charter and portions of Chapters 49 (Officers and Employees) and 2 (Council). Also enclosed with the letter were a briefing paper on Chapter 68; an outline form summary of the testimony on the subjects presented at the public hearings (excluding Queens); a submission suggesting changes to the Board of Ethics; summary of the proposal for the changes to the Board of Ethics, and a copy of Kenneth Conboy\u27s remarks to the New York County Lawyers Association. This document along with several others were originally contained in a binder labeled, Materials re: First Private Hearing (Ethics)