• Journal of Arbitration Studies
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• v.26 no.3
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• pp.121-147
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• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

• Journal of The Korean Astronomical Society
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• v.48 no.6
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• pp.343-355
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• 2015

There is much observational evidence that active star formation is taking place in the Hii regions Sh 2-255 – 257. We present a photometric study of this star forming region (SFR) using imaging data obtained in passbands from the optical to the mid-infrared, in order to study the star formation process. A total of 218 members were identified using various selection criteria based on their observational properties. The SFR is reddened by at least E(B −V ) = 0.8 mag, and the reddening law toward the region is normal (R_V = 3.1). From the zero-age main sequence fitting method it is confirmed that the SFR is 2.1 ± 0.3 kpc from the Sun. The median age of the identified members is estimated to be about 1.3 Myr from a comparison of the Hertzsprung-Russell diagram (HRD) with stellar evolutionary models. The initial mass function (IMF) is derived from the HRD and the near-infrared (J, J −H) color-magnitude diagram. The slope of the IMF is about Γ = −1.6 ± 0.1, which is slightly steeper than that of the Salpeter/Kroupa IMF. It implies that low-mass star formation is dominant in the SFR. The sum of the masses of all the identified members provides the lower limit of the cluster mass (169M_⊙). We also analyzed the spectral energy distribution (SED) of pre-main sequence stars using the SED fitting tool of Robitaille et al., and confirm that there is a significant discrepancy between stellar mass and age obtained from two different methods based on the SED fitting tool and the HRD.