Browsing by Author "Gallagher, William"

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    Brief of Amici Curiae 56 Professors of Law and Economics in Support of Petition of Writ of Certiorari, TC Heartland LLC v. Kraft Foods Brands Group LLC, No. 16341, (U.S. Oct. 17, 2016)
    (Counsel Press, 2016) Allison, John; Bagley, Margo; Bessen, James; Bock, Jeremy; Brean, Daniel; Carrier, Michael; Carroll, Michael; Chao, Bernard; Chiang, Tun-Jen; Chien, Colleen; Chin, Andrew; Cook-Deegan, Robert; Dreyfuss, Rochelle; Ernst, Dieter; Ernst, Samuel; Feldman, Robin; Fleming, Lee; Frye, Brian; Gallagher, William; Ghosh, Shubha; Goldman, Eric; Hall, Bronwyn; Heled, Yaniv; Helmers, Christian; Henkel, Joachim; Helper, Susan; Holbrook, Tim; Hovenkamp, Herbert; Hubbard, William; Jaravel, Xavier; Karjala, Dennis; Lee, Peter; Lemley, Mark; Levine, David; Lichtman, Doug; Liebesman, Yvette; Lobel, Orly; Love, Brian; Malone, Phil; Meurer, Michael; Miller, Shawn; Mitchell, Matthew; Montgomery, Susan; Pager, Sean; Rai, Arti; Rooksby, Jacob; Roig, Jorge; Sag, Matthew; Samuelson, Pamela; Rutschman, Ana; Shaver, Lea; Takenaka, Toshiko; Turner, John; Urban, Jennifer; Hippel, Eric
    28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant forum shopping, particularly by patent trolls. 44% of 2015 patent lawsuits were filed in a single district: the Eastern District of Texas, a forum with plaintiff-friendly rules and practices, and where few of the defendants are incorporated or have established places of business. And an estimated 86% of 2015 patent cases were filed somewhere other than the jurisdictions specified in the statute. Colleen V. Chien & Michael Risch, Recalibrating Patent Venue, Santa Clara Univ. Legal Studies Research Paper No. 10-1 (Sept. 1, 2016), Table 3. This Court should grant certiorari to review the meaning of 28 U.S.C. § 1400(b) because the Federal Circuit’s dubious interpretation of the statute plays an outsized and detrimental role, both legally and economically, in the patent system.
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    Diaspora engagement in tourism crisis recovery: The case of Indonesia
    (Emerald Publishing, 2023-02-09) Cahyanto, Ignatius; Liu-Lastres, Bingjie; Gallagher, William; Tourism, Event & Sport Management, School of Health and Human Sciences
    Purpose Diasporas represent a unique yet often overlooked stakeholder in tourism crisis management. Their strong bonds with their homeland often result in continued engagement with an extended community, which is valuable to their homeland during unsettling times. This study aims to examine the engagement of the Indonesian diaspora in the USA to revive tourism in Indonesia during the early stages of the COVID-19 pandemic and their motivation behind such efforts. Design/methodology/approach This study is rooted in a social constructivism paradigm and uses a qualitative approach. Four focus groups (n = 25) and ten individual interviews with the Indonesian diaspora in the USA were conducted. Thematic analysis was used to identify major themes. Findings The findings indicate that diaspora engagement stemmed from two broad categories: social activism, such as information liaison, skills and knowledge transfer, and economic activism, including philanthropic activities, investment and remittance and return-home travel. Both altruistic and social exchange motives drive their continuous engagement. The findings exemplify “diaspora diplomacy” that can be harnessed as social capital for homeland tourism recovery post-crisis. Originality/value This study provides an in-depth analysis of diaspora engagement in destination recovery. This study highlights the importance of diasporas as social capital for destinations and offers insights into tourism crisis management by incorporating this overlooked stakeholder group.