McDonnell Douglas' prima facie case and the non-minority plaintiff: is modification required?
The first prong of the prima facie case for employment discrimination should not be modified for non-minority plaintiffs, as was held in Parker v. Baltimore and Ohio R.R. Co. The decision in McDonnell Douglas Corp. v. Green established a four-prong prima facie case for bringing an employment discrimination case using indirect evidence. The first prong is that the plaintiff must be a member of a racial minority. In Parker, it was held that a non-minority plaintiff must show reason to suspect that the employer discriminates against the majority. However, elimination of the first prong would better preserve the function of the prima facie case.
Publication Name: Annual Survey of American Law
Prima facie obviousness: time for a "facie" lift
The US Patent Office (PTO) has the initial burden to prove that a prior art patent rejection is based on the obviousness of the proposed modification, but since patent law requires no clear guidelines for making out a prima facie case of obviousness, patent applicants can seldom overcome the PTO's case for rejection and prove nonobviousness. The PTO must grant patents when applicants can overcome the prima facie case of obviousness by offering objective evidence of nonobviousness. Patents must also be issued when applicants disprove facts and evidence relied on by the PTO in finding obviousness.
Publication Name: Software Law Journal
Looking beyond blazemarks on trees - it's time to revisit the description requirement in the wake of Warner-Jenkinson
More focus should be given to the public policy behind the description requirement for patents and actively applied to the claimed invention in court cases. An incentive test could be used with a possession test to further the policy of promoting science and the useful arts by assuring that credit is given to the inventor for possessing an invention as of the filing date. It is wise to follow Warner-Jenkinson in an attempt to avoid such problems.
Publication Name: Journal of the Patent and Trademark Office Society
- Abstracts: Environmental law in Australia and the United States: a comparative overview. Environmental regulation in Michigan and Massachusetts: two states with two different solutions to the same problem
- Abstracts: Considering the multiple arch dam: theory, practice and the ethics of safety in a case of innovative hydraulic engineering
- Abstracts: Lending practices examined; new investigations target discrimination. Accuracy is goal of new model; age discrimination is difficult to assess
- Abstracts: Industrial tribunals and the law of sex discrimination in the United Kingdom. The color complex: intraracial discrimination in the workplace
- Abstracts: Confronting AIDS in the workplace: responses of Southern California organizations. A proposed model policy for managing telecommunications-related sexual harassment in the workplace