We discuss the many ways in which multimodal transit solutions can transform cities, the future of commuting versus denser cities, the regulatory changes needed to build the cities of the future, and much more. Join us for a lively discussion about the challenges of transitioning from a car-oriented society to a multimodal society, and for a glimpse at the future of urban life.
How and when the ITC analyzes its statutory public interest factors: Pender discussed the statutory public interest factors in the investigation of Qualcomm's first ITC complaint against Apple warrant further commentary.
There are antitrust cases pending against Qualcomm around the globe, and Apple raised an affirmative antitrust defense against Qualcomm's German patent assertions, but ALJ Pender's public-interest analysis is the first detailed judicial holding--based on extensive briefing and a multi-day hearing.
That's why I will soon dedicate a blog post to the subject of inhowfar ALJ Pender's public-interest analysis overlaps with key antitrust questions at issue in various other proceedings.
But before we get there, I wanted to provide some procedural background. It's important to understand that the United States International Trade Commission, a trade agency with quasi-judicial powers, clearly delineates the question of a "violation" typically, the infringement of a patent not shown to be invalid; I sometimes refer to this as the "merits" part from "remedies and bonding" which I'll briefly refer to as "remedies".
This is one major difference from the public interest eBay factor, which is considered together with the other three factors. The Commission the six-member decision-making body at the top of the organization makes the final apart from appeals or a Presidential veto decision on both, but there is a technical difference: The staff participates in many investigations as a third party though it sometimes elects not to do so, or limits its participation to specific issues.
The staff's involvement is also meant to protect the public interest, but not in the sense of playing a "devil's advocate" and arguing against an import ban. In connection with the staff, "public interest" basically means to file third-party pleadings in order to increase the likelihood of a correct decision ALJs adopt many, but by far not all, staff recommendations.
As far as the statutory public interest factors that may counsel against an import ban are concerned, the ITC staff is normally with the investigation of Qualcomm's second ITC complaint against Apple representing a remarkable exception rather patentee-friendly.
For the purposes of this post and the diagram contained in it, "public interest" refers to the statutory public interest factors, not the public interest in correct decisions. The statutory public interest factors "the effect of [a hypothetical import ban] upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers" have gained importance over the years.
It's an irony of fate that a case where Qualcomm was the respondent and Broadcom the complainant played a key role in the evolution of the public interest debate at the ITC. The purpose of those public interest factors is not to condone patent infringement: When the public interest is at issue, government agencies and the private stakeholders must also be able to chime in--and the parties are obviously listened to as part of this.
There's an explanation on the ITC websitebut I wanted to add the Presidential review period to it and created a diagram three-page PDF; this post continues below the document: Complainants are nowadays required to file a public interest statement along with each complaint.
When a complaint is received, the ITC always solicits public interest statements from the general public. Responds can and often do file their statement at this stage, where it's still voluntary. What's relatively new is that the Commission decides on whether to delegate fact-finding related to the statutory public interest factors to the ALJ in charge of the investigation.
The ALJ will hold an evidentiary hearing either way, but only if the Commission directs him to gather evidence relating to the public interest will he also hear testimony related to those factors and unrelated to the merits part.
And if the ALJ is tasked with this, then the respondent the company against which someone is seeking an import ban is required not merely invited to file a public interest statement before the investigation is in full swing.
In the bottom third of page 1 of the PDF you find the rectangular box labeled "Public interest briefing, discovery, evidentiary hearing before ALJ " and, to the right of it, a reference to the ITC staff presenting its public-interest findings. That is exactly where the investigation of Qualcomm's second complaint against Apple stood when I reported in mid-September that the ITC staff, in the public part of the evidentiary hearing, recommended that no import ban be ordered should a violation contrary to the staff's analysis, according to which there is none be identified.
For lack of access to all the relevant documents I don't know why, but the record may differ, just like Presiding Judge Dr.
Holger Kircher of the Mannheim Regional Court acknowledged substantial progress with Apple's antitrust defense at an early-October trial over what Apple had presented in a case involving another patent that was tried two weeks earlier.
The investigation of Qualcomm's first ITC complaint against Apple started several months earlier than the second one, and the RD which will probably take until January inthe other investigation already came down in late September.
That procedural milestone is visualized by the rhombus at the bottom of page 1. And the ALJ, despite the staff's negative recommendation in that case, held that no import ban should be ordered owing to the anticompetitive effects of Qualcomm's anti-Intel efforts.
The issuance of the RD in late September triggered further public-interest briefing in accordance with 19 C.Jun 12, · There are a lot of ‘professional bloggers’ using Google’s Blogger platform and Google’s Blogspot hosting and doing so takes away the heart of your blog and hands it over to Google.
They Location: W. Camino Real, Unit #, Boca Raton, , FL.
It has only been eight months since we announced the rollout of IBM Verse inside IBM. In that time we have exceeded our initial target - over , mailboxes were moved to IBM Verse and cloud email in .
A blog (a truncation of the expression "weblog") is a discussion or informational website published on the World Wide Web consisting of discrete, often informal diary-style text entries (posts).Posts are typically displayed in reverse chronological order, so that the most recent post appears first, at the top of the web page.
Until , blogs were usually the work of a single individual. This month's expat blog: Write Now Rebekah. Rebekah is an avid traveler and blogger, born in Dublin, Ireland. After growing up with her parents in the UK, she lived in .
This 30 day declutter challenge will get your home back in order without feeling like a never ending job. Perfect for getting clutter free for the holidays. Using Blogger is like leasing and customizing an apartment in a nice development instead of buying and owning your own house.
You’re still in control of decor, cleaning, and everything living-wise – but you leave the construction, plumbing, security, and infrastructure to the property owner.