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Total Patent Exhaustion!
Get PDFThe exhaustion doctrine generally provides that when a patent holder sells or authorizes another party to sell a patented item, the patent rights in that item are exhausted, and the patent holder cannot pursue that product down the stream of commerce to demand royalties from each party that subsequently acquires the item. Patent holders have often sought to evade patent exhaustion by drafting licensing agreements attending or authorizing the sale of their patented products that place restrictions on the use of the patented item or otherwise provide that no patent exhaustion has occurred. In Impression Products v. Lexmark, the Supreme Court held that such post-sale restrictions are ineffective to prevent patent exhaustion. This overruled Federal Circuit precedent holding that contractual restrictions to evade exhaustion were effective so long as they did not run afoul of antitrust laws or constitute patent misuse. This author has long argued that the Federal Circuit\u27s interpretation of Supreme Court precedent was incorrect-that post-sale restrictions could not prevent patent exhaustion, as set forth in cases dating from the 1917 case Motion Picture Patents v. Universal Film to the 2008 case Quanta Computer v. LG Electronics.
A per se prohibition on contracting around exhaustion is justified by multiple policy principles, including (1) the policy against restraints on alienation of personal property; (2) the policy against compensation for patent holders above what is necessary to promote invention (commonly known as double-recovery ); (3) the need to protect the boundary between federal patent law and the common law of contracts and property; and (4) all of these policies in addition to judicial efficiency when parties attempt to evade exhaustion in drafting a patent license agreement to settle litigation.
Some scholars argue that contracting around exhaustion allows for welfare gains such as increased output and vertical price discrimination. These scholars contend that the policy against restraints on alienation is a misunderstood and outdated relic of the common law; and that the policy against double-recovery has no empirical justification. To the contrary, total exhaustion protects modern consumers by preserving the used resale market, reducing the cost of goods, and protecting consumers from being locked into particular brands and secondary products. Arguments against total exhaustion for consumer goods fail to account for the inefficiencies of personal property servitudes, such as the uncertainty and research costs resulting from post-sale restrictions, hidden costs of products through tied secondary products, notice costs for licensed manufacturers, and the need for costly litigation to test the validity of contractual restrictions under rule of reason economic analysis-litigation that will rarely occur because it is beyond the reach of the great majority of consumers.
In short, the Supreme Court was correct as a matter of its own precedent and of sound policy that contractual post-sale restrictions are wholly ineffective to prevent exhaustion, regardless of whether they run afoul of antitrust law or constitute patent misuse. Patent law is not the poor stepchild of antitrust law. It pursues separate policies. Moreover, to the extent contracting around exhaustion is economically desirable for high-end, non-consumer goods, the Court\u27s opinion does not result in absolute exhaustion in all circumstances. Pre-sale restrictions and leases may remain viable options for patent holders to evade exhaustion. For high-end, non-consumer products where there are lower transaction and notice costs relative to the price of the product, these avenues are practicable, and the concerns with servitudes and double recovery adhering in the consumer goods context are ameliorated
Attracting the Next Generation of Police Officers: A Case Study of San Jose Police Department’s Use of Social Media for Recruitment
Get PDFThe San Jose Police Department (SJPD) has been actively recruiting new police officers to counteract the exodus of officers that left following a failed attempt at pension reform. The advent of the internet and, more recently, social media offers law enforcement agencies a new way of connecting with potential applicants. SJPD currently maintains accounts on Facebook, Twitter, Instagram, YouTube, and LinkedIn, while simultaneously paying for search engines such as Indeed.com and Google to promote their department, yet their impact on recruitment is unknown. A review of the literature will reveal law enforcement agencies current use of the internet and social media, recruitment strategies, and challenges. Data was collected from a marketing agency that was contracted by SJPD to increase the number of police recruit applicants and key informant interviews with members of the SJPD Recruiting Unit and other Bay Area law enforcement officers. The results of this study could inform other law enforcement agencies looking to improve their recruiting efforts and effectively engage applicants via the internet and social media
Deported Veterans for Second Chance at Citizenship
Get PDFThe purpose of this research paper is to provide further exposure to the issues surrounding the deportation of veterans who have served honorably in the U.S. Armed Forces. Very few people realize that veterans who served, could be deported. Because of limited publicity, legislative efforts to mitigate and resolve the veteran deportation issue has not gained much traction. This paper examines scholarly literature regarding the varying levels of support for veterans that are deported. Some scholars argue that veterans should never be deported regardless of type of crimes committed, while others maintain that if the deported veteran commit a violent act, that individual surrenders their right to obtain US citizenship. A crucial advocate on behalf of the deported veteran can be those American veterans who served alongside the potential deportee. A sense of comradery can be very strong among veterans, especially amongst those who have seen combat. American veteran support can lend more credibility to a deported veteran’s efforts to obtain citizenship.
The first portion of the study examines how much veterans support the plight of deported veterans with data collected through surveys which measure support when the deported veterans are placed in varying circumstances. The second part of the study examines the target group of deported veterans through key informant interviews on the effects of deportation for veterans
Building Bridges: Structured Paths to Post-Secondary Success at Solano Community College
Get PDFThere are disproportionately low levels of educational attainment for individuals of certain demographic groups. These student groups are both underrepresented on college campuses and have lower rates of program completion. The problem this study will address is how best to improve outcomes for these student groups through collaborative efforts, data analysis, surveying of students and interviews with those faculty/staff in positions to make a substantive difference in student outcomes.
Literature review for this research is presented by categories of relevance, supporting success in higher education, challenges to college success for traditionally underrepresented students and the changing demographics of enrollment in higher education. Accompanying the literature review is an examination of both localized and national secondary data to assist with development of findings and recommendations for consideration. The potential impact of this research is infinite in scope, from the micro level of individual success to the macro level of supporting a more equitable and just society
Organizational Impact of Workers’ Compensation Injuries: A Case Study of Zuckerberg San Francisco General Hospital
Get PDFAn average of twenty-five (25) employees become injured each month at the Zuckerberg San Francisco General Hospital (ZSFG). This study examines the safety culture and the reduction of injuries at Zuckerberg San Francisco General Hospital. This study includes hospital employee injury historical data, survey questionnaires, key informant structured interviews, and peer reviewed articles to determine whether the hypothesis is supported. The literature reviewed for this study evaluates the best methods and practices that other organizations have implemented when addressing organizational safety culture. This study has the potential to impact the culture at ZSFG and possibly providing a standardized Injury and Illness Prevention Program throughout the San Francisco Department of Public Health
Building Workforce for the Future – A Case Study of the East Bay Municipal Utility District (EBMUD)
Get PDFA critical workforce shortage exists today as aging Baby Boomers retire and far fewer young people join the public sector to replace them. A review of the relevant literature helps to explain and examine the importance of workforce planning, development of strategies to attract young people and retaining a high-quality workforce. Data is derived from three main sources: (1) a review of existing data within EBMUD; (2) interviews with the organization’s subject matter experts (SMEs) in HR management team, Training and Development team, and Recruitment team; and (3) secondary data from government documents, reports, and literature. The purpose of this study is to provide the EMUD Human Resources Leadership Team with findings, conclusions, and recommendations on issues related to workforce planning, develop strategies to attract young people, and retain a high-quality workforce
A Case Study on How Informed Are the Sacramento Residents and Business Owners About Levee Deterioration and Efforts Towards Levee Reconstruction in the Greater Sacramento Area
Get PDFLevee strength and longevity in the greater Sacramento area has been an ongoing concern for decades. In January 2017, the California state of emergency declaration listed 24 sites along the Sacramento River and its tributaries - all part of the Central Valley portion of the California system - where erosion threatens catastrophic levee failures. In preparation to reverse these levee concerns, Sacramento residents and business owners must first be informed and aware of the severity of the levee system. State and local officials must keep the public informed about the possibility of impending natural disasters. A review of infrastructure successful and not successful projects in the United States are discussed in this study Sacramento residents and business owners were asked via a survey questionnaire how safe and aware they were about the levee safety and how it affects their everyday activities visiting Old Sacramento. The results of this study reveal how informed the public is and what type or perception they have about the levee construction, condition, and reinforcement efforts
Fractured Democracy: A Case Study on How Passionate Public Advocacy Helped Pass the Controversial 2016 Measure Z in Monterey County, California
Get PDFIn 2016, the Monterey County (California) Board of Supervisors voted 3-2 not to place a moratorium on ‘fracking‘ -- a controversial extraction method used by the oil and gas industry. A small, but passionate group of environmental advocates named Protect Monterey County began an emotional grass roots, environmental-focused, campaign to overturn that decision by ballot measure. “Measure Z” was touted a ban on fracking, but also contained less publicized language to restrict oil and gas production, among other items. Amid much controversy over the veracity of claims by opponents and proponents, Measure Z passed, but did the “voice of the public” really know what they were voting for? This case study and review of the relevant literature will examine the approach and methods of a small organization to appeal to voters, the merits of the ballot measure as a democratic process, the disputed approach by the County Board of Supervisors to address an important and charged issue by allowing it to become a hot-button partisan matter, and the ever-growing costs being realized to rule on the legality of the Measure. Data will be collected from County, city, and state public records and meeting minutes; surveys and interviews of local citizenry; focus groups; and, first-person interviews with key informants both directly involved with Measure Z and knowledgeable about the politics and maneuvering by both sides of the ballot initiative. The results of this study may provide information on how public administrators can better work with advocacy groups and more efficiently balance significant and emotionally sensitive environmental concerns in a non-partisan manner
Prison Overcrowding In California Reform Efforts and Effects
Get PDFThe United States has the highest number of people incarcerated in the world. This is a problem that has been growing over time and has gotten to the point where some states like California, have been mandated by the Supreme Court to reduce its prison population. There are many reasons for this significant public administration problem and numerous solutions that can and have been implemented in California and elsewhere. The purpose of this study is to determine if after the initial Supreme Court order and the subsequent re-forms were enacted, have conditions changed or improved in the state prisons. This study will examine the intent of the reforms, the expected outcomes, and examine current conditions at state prisons in regards to overcrowding. The results of this study could provide useful information to public administrators in general regarding program implementation and effectiveness as well as those administrators working in criminal justice organizations. This study also makes use of extensive source material from prior research conducted on this problem. Case studies and research on specific reforms provide valuable information and data utilized in this study and are compared with its findings. In addition to utilizing prior research and data from other sources this study employs similar research methods to gather data. This is accomplished through non-probability sampling/convenience sampling with key informant interviews and a cross sectional study of leaders and employees within state corrections organizations. Prison overcrowding is a worldwide problem and the state of California is in the process of attempting to address the issue. A current study of their attempts could provide a useful guide to others who intend to do the same
