Toward a fact-based standard for determining whether programmed computers are patentable subject matter: the scientific wisdom of Alappat and ignorance of Trovato
Article Abstract:
The Federal Circuit's decision in Trovato has no factual basis, nor does it conform with previous decision addressing the same topic. The Federal Circuit ruled in Alappat that programmed computers are patentable, due to the different nature and capabilities of the computer based on the particular program. The court in Trovato held that, because certain pieces of hardware were not described, the particular programmed computer was not patentable. The parts in question are common to all computers, and should not have even been considered. Instead, the fact-based approach of Alappat should have been adopted.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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Using fact finders to probe workplace claims of sexual harassment
Article Abstract:
Fact-finding investigations can be an alternative to litigation for resolving sexual harassment claims in the workplace. Sexual harassment claims can be handled through grievance procedures where collective bargaining agreements are in force. However, unions can find themselves in a conflict of interest when arbitrating where both the harasser and accuser are members. Impartial fact finders can interview all parties involved, recommend solutions arbitrators might not be empowered to make, and can provide privacy for employers, the accused and the victim.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1992
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Treating sexual harassment with respect
Article Abstract:
A standard of conduct imposed upon defendants in sexual harassment cases which requires defendants to conduct themselves as respectful persons should replace the reasonable person standard. The reasonable person standard does not place a duty upon defendants to act or refrain from acting in any particular manner because the reaction of the plaintiff in each case has been the central issue in sexual harassment jurisprudence. A standard of respect mirrors actual community beliefs and is preferable for practical and philosophical reasons.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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