Discretion in Prosecution

Patent Prosecution in Proteomics

This paper presents a brief overview of intellectual property rights and the various areas in proteomics to which IP rights may be applicable. Technology transfer, including licensing and business agreements, are not covered in this paper. Instead, issues and complications related to national and overseas patent prosecution in this relatively new field will be discussed.

Accounting Discretion

This study investigates the factors affecting acquirers’ allocation of purchase price between goodwill and identifiable intangible assets with finite lives. SFAS 142 replaces goodwill amortization with periodic impairment tests that are based on fair value estimates, while most identifiable intangible assets are still amortized over finite useful lives. As a result of the differential accountin...

Rethinking Prosecution History Estoppel

Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents suffic...

Sub-Category A-ii: Arrest and Prosecution

Prosecution of rape and sexual assault.

reflected in the low numbers of successful convictions across jurisdictions. Research conducted in the last 20 years has highlighted that the majority of victims of sexual assault are female, most perpetrators are male, and a very small percentage of victims report this crime to the police.1 Media portrayals of ‘real rape’ present it as involving women being attacked outside their home, at nigh...