Emory International Law Review

Volume 26Issue 2
Recent Developments

The Potential Extraterritorial Consequences of Akamai

Timothy R. Holbrook | 26 Emory Int'l L. Rev. 499 (2012)

Patent infringement arises when all of the limitations found in a particular claim of a patent are present in a device. For a patented system, the apparatus must have all the required components as delineated in the claim. For a patented method, all of the steps of the method must be performed. Historically, the issue of “who” was the infringer was relatively straightforward because most systems and methods were utilized in discrete, unitary settings. In the modern era, however, particularly with inventions being implemented over the Internet, the issue of “divided infringement” has arisen in two particular contexts.

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GAT, Solvay, and the Centralization of Patent Litigation in Europe

Marketa Trimble | 26 Emory Int'l L. Rev. 515 (2012)

As business has become global, so have disputes about patents, patent infringement, and patent validity. In many ongoing disputes between patent holders and alleged infringers, parties are engaging in parallel court proceedings in multiple countries to litigate infringements of parallel patents and to contest the validity of patents. Concentrating litigation involving identical inventions and identical or similar conduct into one national or multinational court could result in faster, more efficient, and more consistent enforcement of patents.

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Looking to Fill an International Regulatory Gap: Brazil Brings the Issue of Exchange Rates and Trade before the World Trade Organization

Antonia F. Pereira, Silas W. Allard | 26 Emory Int'l L. Rev. 535 (2012)

Concern over the relationship between exchange rates and trade has a long history in both international law and economics. This concern has manifested itself in two primary ways: first, as a worry about the impact of currency fluctuation on trade flows and, second, as a worry about the impact of currency manipulation on fairness in the international trading regime. While there is no consensus on how to address the problems created by the relationship of exchange rates and trade, this lack of consensus has done nothing to diminish states’ concerns over the impact of currency fluctuation and manipulation on trade.

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Stare Decisis and Certiorari Arrive to Brazil: A Comparative Law and Economics Approach

Maria Angela Jardim de Santa Cruz Oliveira, Nuno Garoupa | 26 Emory Int'l L. Rev. 555 (2012)

Two important legal reforms in court procedure have taken place in Brazil recently: súmula vinculante (all courts now have to follow the reasoning of the Supreme Court in similar cases) and requisito da repercussão geral (the Supreme Court only hears cases that are of general importance). These two procedural rules respond to a long debate in the Brazilian legal community on how to address court congestion, the heavy workload of the Brazilian Supreme Court, and the role of the higher courts in establishing case law.

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