Congress reiterated in Section 3(c)(1)(D)(ii) of FIFRA that EPA should make administrative decisions about how much money these manufacturers would get for damages from loss of their trade secrets. Union Carbide sued because they felt that the decisions should be made by the judicial court, not an administrative agency. The U.S. District Court for the Southern District of New York held that the claims challenging the arbitration provisions were ripe for decision and that those provisions violated Article III. Standing was approved for all appellants, who took a direct appeal to the U.S. Supreme Court. Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data.
2. What are the major problems encountered by Monsanto in Brazil & other developing countries? 3. How did Monsanto approach the royalty collection issue? Case 8: eBay 1. Who
Supp. 764, for example, the plaintiff, a sub-licensee, appealed to the Court for an injunction against the defendant, a licensee, for misstatement questioning their interests in the patent. The issue that the claim raised before the Court was whether the plaintiff had the right to sell parts that embodied the patent to manufactures in their production of their own hearses. The Court held that in order to determine whether the plaintiff had that right, the Court would have to look to the language of the agreement. The Court reasoned that by looking at the interpretation of the contract, they would be able to find out the intentions of the parties and therefore determine what the scope of the sub-licensee’s rights were when at the time the agreement was created.
Running head: Products Liability PRODUCTS LIABILITY MITSUBISHI MOTORS CORPORATION v. LALIBERTE “The phrase (caveat emptor (“buyer beware”) warned that most sellers made no promises with regard to their goods in the U. S. and Britain for centuries. However, common law had shifted by the middle of the twentieth century, allowing those injured by dangerous products to hold both sellers and manufacturers accountable (Halbert/Ingulli, 2012 pg. 282).” In response to question 1: Describe the company, type of business and the product safety issue that led to the lawsuit. “Mitsubishi Motors North America, Inc., (MMNA) headquartered out of Cypress, CA and is responsible for manufacturing, financing, distributing and marketing of brand coupes,
This is an example of how Japan originally culturally defied western influence, and did not defy with violence as India did. Western imperialism had a lot of influence and changed the way the world developed. India and Japan eventually gave in to Westernization after they first resisted control. However, India resisted through physical efforts while Japan resisted through cultural
NCR Corporation v Korala Associates was a case that was concerning the unauthorized copying of computer software by KAL. Both of these companies had entered into a agreement in 1998, that stated that any dispute over software would be submitted for arbitration. NCR did not submit their complaints for arbitration; instead they tried to sue in District Court and after the District Court ruled in favor of KAL, they appealed the decision. The US Court of Appeals also ruled in favor of KAL. Both courts ruled that the arbitration agreement of 1998 was both procedurally and conscionable in its terms and enforceable, meaning that the dispute fell under the terms of the agreement.
Answer: Nintendo Co., Ltd. is a Japanese multinational consumer electronics company that is mainly engaged in the development, manufacture and sale of entertainment products in home entertainment field. The firm became a famous video console company since its inception in the early 1980s. As so often the case with thriving companies, starting from the late 90s, Nintendo lost its dominance because of its stiff competition with other companies particularly direct market share competition from Microsoft Corporation, Sony Corporation and of Activision Blizzard, Inc. Based on Internet research on the subject, mentioned was made that as the firm competes in the video game industry, Nintendo relies more heavily on offensive strategies. This is particularly proven by the company when it implemented an aggressive marketing plan revolving in the message “We would like to play.” It’s timing of strategic moves, on the other hand, made it a fast follower. The video game industry went from boom to bust to boom business.
372 Facts: AVX Corporation manufactures capacitors for electronic products. Tantalum is an elemental metal, as rare in nature as uranium, used in the manufacture of those products. In January, 2001, AVX entered into a multi-year supply contract with Cabot Corporation, a major supplier of tantalum powder and wire. In the years immediately preceding the contract, the tantalum market favored buyers and AVX purchased it from Cabot at preferable prices without entering binding, long-term contracts. When demand for capacitors and the tantalum used in their manufacture increased dramatically in late 2000, Cabot took advantage of what was then a seller's market to negotiate aggressively a multi-year deal.
When looking at the democratization of a nation, India and South Korea share a lot of similarities. South Korea was occupied and governed by Japan pre WWII and India was ruled by Britain colonialism. Looking at Mill’s method of difference, there is one distinct variable that differentiates the states in their ascent to democratization. After WWII India was given its sovereignty by British rule in return for their military aid in the war against Japan, where as when Korea was not. After Korea was free from Japanese colonialism due to their loss in the second WWII the US military eliminated the left wing government.
Farben whom is known as the largest chemical and pharmaceutical company in the world. These combined powers created the Food & Drug Administration (FDA). In 1930 the FDA was established to help resolve the condition of the products sold across the United States. I felt that the background to I.G. Farbens ties to the Nazi war machine was somewhat over the top.