Summary judgment in intellectual property litigation--the three of Harts

Legal context. The popular image of litigation is one of anoften long and expensive full trial. However, better case managementmeans that courts in the United Kingdom increasingly deal withdisputes at an early stage, by striking out claims that haveno genuine chance of success and by giving summary judgmentagainst defendants whose defences have no hope of succeeding.These procedures, detailed under the Civil Procedure Rules,are frequently invoked in intellectual property disputes. Unlikefull trials, which are normally heard before a specialist intellectualproperty judge, applications for summary judgment and strikingout are frequently heard by judges in the Chancery Divisionwho may have little experience of the area. Key points. This article considers the advantages and disadvantagesof deploying non-specialist judges, reviewing in particularthree decisions of a non-specialist judge, Mr Justice Hart.It suggests that a specialist judge might have reached a differentconclusion in at least one of these decisions. It also questionsthe policy issue of refusing to strike out a claim that, onthe law as it currently stands, has no chance of success wherethe intention is that the claimant be given the opportunityto invite the trial court to evolve a change in the law throughprecedental development. Practical significance. At a time when there is a strong demandfor the administration of justice to be both effective and swift,the twin facility of entering summary judgment and strikingout is likely to remain attractive and popular with intellectualproperty litigants. However, it is a facility that should notbe abused. The employment of non-specialist judges for the purposeof determining whether that facility should be utilised mayproduce results that, if justifiable, may run counter to theintuition of those who specialise in the field. Accordingly,judicial practice in this regard should be carefully monitoredand reviewed if predictability and consistency of decision-makingis to prevail.     

Punking and bullying: strategies in middle school, high school, and beyond

Punking is a practice of verbal and physical violence, humiliation, and shaming usually done in public by males to other males. This definition is based on interviews and discussion groups with 32 adolescent boys and on media sources within which adolescent males are embedded. Discourse analysis findings reveal that punking terminology and behaviors are usually interchangeable with bullying terminology and behaviors. Both practices are purposeful strategies taken up and used by many boys to affirm masculinity norms of toughness, strength, dominance, and control. Implications from this research promote a shift in understandings of how masculinity norms are achieved. Further, the research suggests that by bringing critical attention to social accountability for production of unhealthy norms and the violent practices that affirm these norms, we might well extend the scope and focus of intervention into harmful practices of violence, such as punking and bullying.     

Influence of CYP2D6 genotype on the disposition of the enantiomers of venlafaxine and its major metabolites in postmortem femoral blood

Venlafaxine (VEN) is an antidepressant drug mainly metabolized by the cytochrome P450 (CYP) enzyme CYP2D6 to the active metabolite O-desmethylvenlafaxine (ODV). VEN is also metabolized to N-desmetylvenlafaxine (NDV) via CYP3A4. ODV and NDV are further metabolized to N,O-didesmethylvenlafaxine (DDV). VEN is a racemic mixture of the S- and R-enantiomers and these have in vitro displayed different degrees of serotonin and noradrenaline reuptake inhibition. The aim of the study was to investigate if an enantioselective analysis of VEN and its metabolites, in combination with genotyping for CYP2D6, could assist in the interpretation of forensic toxicological results in cases with different causes of deaths. Concentrations of the enantiomers of VEN and metabolites were determined in femoral blood obtained from 56 autopsy cases with different causes of death. The drug analysis was done by liquid chromatography tandem mass spectrometry (LC/MS/MS) and the CYP2D6 genotyping by PCR and pyrosequencing. The mean (median) enantiomeric S/R ratios of VEN, ODV, NDV and DDV were 0.99 (0.91), 2.17 (0.93), 0.92 (0.86) and 1.08 (1.03), respectively. However, a substantial variation in the relationship between the S- and R-enantiomers of VEN and metabolites was evident (S/R ratios ranging from 0.23 to 17.6). In six cases, a low S/R VEN ratio (mean 0.5) was associated with a high S/R ODV ratio (mean 11.9). Genotyping showed that these individuals carried two inactive CYP2D6 genes indicating a poor metabolizer phenotype. From these data we conclude that enantioselective analysis of VEN and ODV can predict if a person is a poor metabolizer genotype/phenotype for CYP2D6. Knowledge of the relationship between the S- and R-enantiomers of this antidepressant drug and its active metabolite is also important since the enantiomers display different pharmacodynamic profiles.     

Internal Validation of Human Mitochondrial DNA Quantification Using Real‐Time PCR

The quantity of mitochondrial DNA (mtDNA) template added for amplification and subsequent dye terminator reactions is critical for obtaining quality sequence data. Validation of a human mtDNA real‐time quantitative PCR (qPCR) assay demonstrated its high degree of reproducibility and precision as well as an extremely sensitive threshold of detection (0.0001 pg/μL or approximately six human mtDNA copies/μL). A study of 35 nonprobative bone and teeth evidence samples revealed that 20 pg of mtDNA template is recommended for successful HV1 and HV2 sequence analysis; however, as little as 0.013 pg can generate a full mtDNA profile when using enhanced amplification reactions. The assay can also detect PCR inhibition and is useful for identifying samples that may benefit from re‐purification. Overall, the assay is an excellent method to quantify mtDNA and is useful for determining the best analytical approach for successful sequencing.     

Implementing Intelligence-Led Policing: An Application of Loose-Coupling Theory

Purpose

This research is intended to inform a knowledge gap in the literature and present the first national findings related to intelligence-led policing adoption among state and local agencies. Specific practices are identified to inform scholars and practitioners regarding intelligence-led policing behaviors.

Methods

Original survey research from a federally-funded project is gleaned to explore intelligence-led policing adoption through a loose-coupling theoretical perspective. Negative binomial and logistic regression models are employed to identify predictive relationships.

Results

Agencies nationwide appear to be closely following the National Criminal Intelligence Sharing Plan recommendations to enhance information sharing. Consistent with the Department of Homeland Security’s Target Capabilities List is also observed. Agency size appears to have a significant effect on key organizational information sharing behaviors. The findings are tempered due to limitations in the research design.

Conclusions

Local agencies appear to be tightly-coupled with the recommendations put forth in the National Criminal Intelligence Sharing Plan in their efforts to adopt intelligence-led policing. Agency size appears to enhance adoption across most dependent metrics. This research progresses the limited evidence base and progress regarding this emerging policing philosophy.     

Time series applications to intelligence analysis: a case study of homicides in Mexico

Abstract

The scale of lethal violence in Mexico seen in the past decade has been a pressing concern for both Mexican and US officials, including law enforcement organizations, intelligence agencies, and policy makers. With much of the homicides being a result of the trafficking of illegal drugs, it has been suggested that the homicides in Mexico follow seasonal patterns tied to the drug trade, specifically to the cultivation of heroin. In this paper, conventional econometric time series methods are applied to test this hypothesis. Results demonstrate that not only do the drug-related homicides in Mexico display evidence of seasonality, but also that seasonality appears empirically related to the heroin trade. The paper makes the larger argument that time series and other statistical methods are an untapped resource that can complement standard intelligence analysis to support defensible judgments based on the scientific method of inquiry. However, a fuller integration of statistics and traditional analysis would require sufficient support structures be developed to encourage and promote such analysis.     

Sexual Harassment Litigation: a Road to Re-victimization or Recovery?

Various aspects of the judicial process have been hypothesized as damaging to sexual harassment plaintiffs, though limited research has been conducted that actually examines this hypothesis. We examined data from a large sample of women who participated in a class action lawsuit alleging workplace sexual harassment and discrimination (n?=?1218) and another sample of similarly situated women who opted out of litigation (n?=?465, non-litigants). We then followed the litigants for 5 years. This study takes an initial look at some of the variables theorized to play a role in the psychological outcomes of both harassment and subsequent litigation. Both the severity of harassment and participation/persistence in the litigation process were related to psychological outcomes at each of three assessments across a 5-year period; the frequency and severity of harassment, as well as plaintiffs’ cognitive appraisals of their situation, appeared to have the strongest relationship to psychological harm. Results of multivariate analysis of covariance (MANCOVA) revealed that participation and persistence in litigation played a consistent role in psychological outcomes across time, over and above the impact of harassment itself. However, litigation did not appear to be the cause of psychological outcomes as posttraumatic stress disorder (PTSD) symptomatology, in particular, was the result of the original harassment experience.