McDonnell Douglas' prima facie case and the non-minority plaintiff: is modification required?

Article Abstract:

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.

Cases, Employment discrimination, Reverse employment discrimination

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Prima facie obviousness: time for a "facie" lift

Article Abstract:

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.

Analysis, Powers and duties, United States. Patent and Trademark Office

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Looking beyond blazemarks on trees - it's time to revisit the description requirement in the wake of Warner-Jenkinson

Article Abstract:

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.

Social aspects, Patents, Patent assignments

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