10/02/2018

JOHN S. SEYMOUR 1893-1897

John Seymour was born on September 28, 1848, and came from Colonial stock, his earliest ancestors in this country being found among the first settlers of Hartford, Connecticut. The first years of his life were spent at Whitney's Point, New York, his schooling being in the common schools and the Whitney's Point Academy. After graduating from Yale College and then studying law at the same institution, he returned to the place of his ancestors in Connecticut and there took up the practice of law in Norwalk. He held a number of prominent positions in that state before he was appointed Commissioner of Patents by President Cleveland during the latter's second administration.

10/01/2018

The Patent Provisions of TPP: An Endpoint or should be just a mere Starting Point for more and better Patent Protection in a revised NAFTA

Markus Nolff

In his 2018 State of the Union Address, President Trump stated that, “one of my greatest priorities is to reduce the price of prescription drugs.” Few sentences later, President Trump stated that he, “will fix bad trade deals and negotiate new ones,” and “will protect ... American intellectual property through strong enforcement of the trade rules.” One week after the State of the Union Address, the Council of Economic Advisers released a study containing the following recommendations: (i) address high domestic prices by fostering better market price competition domestically and, (ii) to incentivize development of new (inventive) pharmaceutical products by addressing the low overseas pricing of pharmaceuticals which takes little account of the cost of their research and development (hereinafter “R&D”).

09/27/2018

WILLIAM EDGAR SIMMONDS 1891-1893

Descended through his father from Daniel Webster, and through his mother from Roger de Coigneries, who came to England with William the Conqueror, it might well be expected that William Edgar Simmonds would make his mark in the world. Also he was another "Connecticut Yankee," being born at Canton, Connecticut, November 24, 1842.

His father having died when he was three years old, the mother succeeded in giving the children an excellent education. At the age of 16 William worked and contributed to the support of the family, saving enough besides to finance a normal school training for himself. From 1860 to 1862 he taught school, and then entered the Union army as a volunteer.

09/24/2018

Extraterritorial Jurisdiction vis-à-vis Sovereignty In Tackling Transnational Counterfeits: Between a Rock and a Hard Place?

Qingxiu Bu

Transnational counterfeiting has grown tremendously with the increasing interdependence of global economy. The process of illicit financial flow has outpaced the growth of mechanisms for global governance, and the resultant deficiency produces regulation vacuum where the cross-border crime can thrive. It is very necessary to consider the effect of service process of foreign defendants getting evidence. As illustrated in Gucci’s case, the U.S. court face great challenges in addressing extraterritorial jurisdiction. In the context of extraterritorial discovery, it remains unresolved how to prioritize competing jurisdictional claims. Remediation is compromised due largely to sensitivities over national sovereignty. The broad interpretation of sovereignty makes the Bank of China (BoC) operate behind a firewall that keeps it immune from the jurisdiction of U.S. courts, leaving the brand owners vulnerable. A deadlock arises between proper exercise of extraterritoriality and critical response to the current increasingly complex cross-border counterfeiting. At stake are fundamental questions of conflict of laws. A valid nexus is indispensable to justify a U.S. court in applying the Federal Rules of Civil Procedure (FRCP) 45. Given the unviable course of action via the Hague Evidence Conventions, it is argued that greater legal protections for U.S. entities via subpoenas are a more feasible solution. In response to the global challenge, more multipronged approaches should be adopted to combat the transnational counterfeiting crime.

09/19/2018

CHARLES ELLIOTT MITCHELL 1889-1891

Born May 11, 1837, at Bristol, Connecticut, Charles Elliott Mitchell was of ancestry prominent in the history of New England, being descended on his father's side from William Mitchell, a soldier of the Revolutionary War, and on his mother's side from the Rev. Thomas Hooker, founder of the Connecticut colony, which, according to the historian John Fiske, "marked the beginnings of American democracy."

09/17/2018

Compensation for Non-pecuniary Damage of Trademark Infringement in Taiwan

Judge Jr-Da Fan

Trademark refers to the texts or signs that specific enterprises use to distinguish their products or services from those of other enterprises. For example, the name “Windows” indicates the computer operating systems developed by Microsoft, and “McDonald’s” refers to the hamburgers and other fast food produced by a specific restaurant brand. For a trademark to distinguish the products or services of one enterprise from those of others, the brand trademark established by that enterprise must not be imitated by others. For example, if other companies are allowed to sell fast food under the name McDonald’s, this damages the food-selling interests of the original company. Moreover, if the goods or services labeled under specific trademarks do not maintain their favorable quality, then consumers do not associate their past positive experiences with present purchase perceptions, thereby lowering their intention to purchase the goods or services of the original brands at higher prices. Therefore, when enterprises establish a valuable trademark and cultivate associations of goodwill with it, they must not lower the quality of their goods or services, to protect their investment in the trademark. Therefore, in trademark infringement litigation, if trademark infringement is proven or if the trademark used by the defendant has a likelihood of being confused with that of the plaintiff, irreparable damage to the goodwill associated with the plaintiff’s trademark can often be accounted, because trademark infringement is a type of continuous infringement with an irreparable nature.

09/12/2018

BENTON J. HALL 1887-1889

As a young man, having received but a limited collegiate and academic training, Benton J. Hall was greatly stimulated and broadened by the potent influence of a class of men, newcomers into Iowa in the decade and a half preceding the Civil War, by whom he was soon to be accepted as an equal and afterwards recognized as a leader. The influence of this galaxy of luminaries colored Mr. Hall's whole life and included men destined to become Senators, Cabinet members, Federal judges, and Supreme Court Justices.

Benton J. Hall, another in the long list of the sons of Ohio who achieved promise, was born January 5, 1835, at Mt. Vernon in that state. The father took his family to Iowa in 1840 and became very prominent in governmental affairs of the state, being one of the first Justices of the Iowa Supreme Court. Young Hall followed in his father's footsteps, and the many eulogies bestowed upon the father were later merited and won in an equal or even greater degree by the son.

09/10/2018

Krafting TC Heartland: A Legislative Response to Venue Shopping

Antonio DiNizo

In the world of patent litigation, the Eastern District of Texas reins king with nearly forty five percent of all patent infringement cases nationwide filed within the district in 2015. While being a small relatively obscure area of Texas, the Eastern District and its courthouse in Marshall, Texas have developed a reputation for attacking some of our country’s biggest corporations and well-respected patent litigators.

In recent years, the Eastern District of Texas has come under increased scrutiny for attracting a special kind of patent owner, Non-Practicing Entities (“NPEs”) or patent troll. While the Supreme Court’s decision in TC Heartland v. Kraft Foods significantly restricts the ability for NPEs to pursue litigation in the Eastern District of Texas, this Note explores how Congress could craft a legislative solution to prevent abusive NPE litigation.

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