This Note explores various theories of patent misuse as they relate to patent pools. Taking into account varying ideological underpinnings of misuse, this Note proposes a framework for rule of reason analysis of anticompetitive foreclosure of alternative technologies. The framework offers a phased analysis, borrowed from antitrust law, to focus the inquiry on the harms patent misuse seeks to deter in patent-pool licensing practices. The goal of the proposed framework is to increase operational clarity to modern, innovative firms and provide guidance to courts when applying rule of reason analysis to determine whether anticompetitive foreclosure could result from a challenged use of a patent pool.
Arizona's five redistricting commissioners will begin filling the hole in the center of their "donut" congressional district plan today. The commission voted Tuesday to use the plan, which defines the state's outermost districts while leaving four urban districts in Maricopa County yet to be drawn, as their operational framework while they close on their first adopted draft maps.
The modern risk management information system (RMIS) has, for many organizations, become the neural network of its ERM program, a central processing capability that quantifies all risks and applies a unified set of operations and standards for them. But building an ERM-oriented RMIS is a task so enormous and difficult that some firms may wonder if it is even worth it. A successful RMIS begins with the implementation of a company-specific enterprise operational framework: 1. establishing a risk management framework, 2. understanding organization's internal and external key stakeholders, 3. identifying the flow of information, 4. determining feasibility, and 5. deciding whether to buy or lease. Before implementing ERM, there is a need for standardized methods of managing and analyzing ris...
On Oct 5, 2006-Oct 6, 2006, the Federal Reserve Bank of Chicago, in conjunction with the International Association of Deposit Insurers, held its ninth annual International Banking Conference, titled "International Financial Instability: Global Banking and National Regulation." Carl-Johan Lindgren, formerly with the International Monetary Fund, gave an overview of past cross-border banking and financial crises. He said he was surprised to find that among nearly 200 financial crises over the past 30 years, very few could actually be classified as "cross-border" -- that is, national financial crises that were substantial enough to cause crises elsewhere. Richard Herring, University of Pennsylvania, guided conference participants through the tangled history of international banking supervis...
... different countries' regulatory frameworks, there has been significant convergence in core co..., argued that in Europe, the basic operational framework of monetary policy already provides an e...
Construction programs that cost hundreds of millions of dollars ended up not satisfying local needs (and in some instances creating further resentment).2 Programs developed state institutions that seemed normal to Americans but were ill-suited to the local society.3 The need is plain enough, but practical methods for achieving cultural understanding seem to be lacking. Doctrine has incorporated various aspects of culture, from adding the "C" (civil considerations) to the acronym METT-TC (mission, enemy, terrain, troops available, time, and now civil considerations); to adopting PMESII-PT (political, military, economic, social, infrastructure, information, physical environment, and time) as a framework for describing the operational environment; to flirting with the concept of "human te...
A progressive and hierarchical sequence of drug use suggests that a sequence of stages of drug use can describe the order by which adolescents try drugs. We propose an operational definition to test gateway relations by providing a framework with the aim of describing a set of conditions to guide the evaluation of whether a drug serves as a gateway for another drug. We used data from the National Longitudinal Study of Adolescent Health to demonstrate how using latent transition analysis we can estimate the odds of using a drug at a later time conditional on having used a gateway drug at an earlier time. We provide three empirical demonstrations for testing the gateway relations using a national and longitudinal data of adolescents (e.g., gateway relation between cigarettes and marijuana...
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