A recent history of pharma and biotech patent appeals to the U.S. court of appeals for the federal circuit

2021 ◽  
pp. 174113432110562
Author(s):  
Paul A Braier
Keyword(s):  
Recent History ◽  
Court Of Appeals ◽  
History Of ◽  
Federal Circuit ◽  
The U.S

United States v. Stuart

1989 ◽  
Vol 83 (4) ◽  
pp. 918-923
Author(s):  
Daniel M. Price
Keyword(s):  
United States ◽  
The United States ◽  
Good Faith ◽  
District Court ◽  
Criminal Prosecution ◽  
Justice Department ◽  
Court Of Appeals ◽  
Canadian Law ◽  
History Of ◽  
The U.S

In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.

scholarly journals Recent History of Upgrades to the U.S. National Lightning Detection Network

2020 ◽  
Author(s):  
Martin J. Murphy ◽  
John A. Cramer ◽  
Ryan K. Said
Keyword(s):  
Detection Efficiency ◽  
Processing System ◽  
Sensor Data ◽  
Recent History ◽  
Central Processor ◽  
Central Processing ◽  
Lightning Detection ◽  
History Of ◽  
Location Algorithm ◽  
The U.S

AbstractThe U.S. National Lightning Detection Network (NLDN) underwent a complete sensor upgrade in 2013 followed by a central processor upgrade in 2015. These upgrades produced about a factor-of-five improvement in the detection efficiency of cloud lightning flashes and about one additional cloud pulse geo-located per flash. However, they also re-aggravated a historical problem with the tendency to misclassify a population of low-current positive discharges as cloud-to-ground strokes when, in fact, most are probably cloud pulses. Furthermore, less than 0.1% of events were poorly geo-located because the contributing sensor data were either improperly associated or simply under-utilized by the geo-location algorithm. To address these issues, Vaisala developed additional improvements to the central processing system, which became operational on November 7, 2018. This paper describes updates to the NLDN between 2013-2018 and then focuses on the effects of classification algorithm changes and a simple means to normalize classification across upgrades.

Tarakkvlkv (Land of Palms)

2017 ◽  
Author(s):  
Maureen Mahoney
Keyword(s):  
Collective Memory ◽  
Oral History ◽  
Settlement Patterns ◽  
Early Years ◽  
Recent History ◽  
Oral Histories ◽  
History Of ◽  
The U.S

The recent history of the Brighton reservation is contained in the settlement patterns of the camps established by the various groups moving onto lands of a hostile government. Collective memory is transferred through oral histories, but the patterns that emerge can be viewed through a broad temporal lens to reveal the sociocultural motivations of the broader population. The location of camps near the periphery of the reservation in the early years speaks to the mistrust of the families concerned about the ease of escape should they find themselves in peril from the U.S. government. Two decades later the clustering of camps near schools, roads, and trading stores demonstrates a transition and connectedness to the non-Seminole world. These years were certainly formative in the history of the Tribe. GIS is the tool the THPO uses to draw together oral history and archaeological information in the telling of these important stories.

The Sentence Is the Story

2018 ◽  
pp. 94-122
Author(s):  
Peggy Kamuf
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Walter Benjamin ◽  
Narrative Structure ◽  
Recent History ◽  
History Of ◽  
The U.S

This chapter takes up Norman Mailer’s 1979 novel The Executioner’s Song as chronicle of the “modern death penalty” era post-Gregg v. Georgia. Two questions or issues frame my analysis: the relation between narrative structure in general and the death penalty plot; the distinction between execution and suicide. The first issue is explored with the help of narratologists, but especially Walter Benjamin. The second reviews Kant’s argument that “no one can will [capital] punishment” and Derrida’s remarks, contra Kant, on the undecidability of execution and suicide. The chapter concludes with a brief reading of Mailer’s 1964 poem of the same title as his novel and speculates on how these two texts read the recent history of the U.S. death penalty.

Boureslan v. Aramco

1989 ◽  
Vol 83 (2) ◽  
pp. 375-380
Author(s):  
Marialuisa S. Gallozzi
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Equal Employment Opportunity Commission ◽  
Equal Employment Opportunity ◽  
Title Vii ◽  
Legislative History ◽  
Civil Rights Act ◽  
Court Of Appeals ◽  
History Of ◽  
The U.S

Plaintiff, a United States citizen employed in Saudi Arabia, brought an employment discrimination suit against defendant, a U.S. corporation, alleging violations of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e (1982)). The U.S. Court of Appeals for the Fifth Circuit affirmed (per Davis, J.) the district court’s dismissal of the suit for lack of subject matter jurisdiction and held (two to one): (1) that neither the language nor the legislative history of title VII evinces a clearly expressed congressional intent to apply title VII outside U.S. borders; (2) that in the absence of clearly expressed congressional intent to the contrary, the presumption against extraterritoriality controls; and (3) that no “negative inference” extending the reach of title VII should be drawn from its “alien exemption” provision. Judge King’s dissent discussed international law principles not addressed by the majority. The Fifth Circuit subsequently granted on December 23, 1988, the petition for rehearing en banc submitted by plaintiff and various amici, including the Equal Employment Opportunity Commission (EEOC).

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