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Litigation in general, and particularly patent infringement litigation, involves an untold number of decisions: settlement decisions, pretrial discovery decisions, trial strategy decisions, and appeal decisions. Lawyers and business executives are constantly striving to make the right decisions. The process of making these decisions is rendered more difficult by the complexity of the problems being addressed and the uncertainties associated with their various constituent factors. The decision-making process may be facilitated, however, through the use of litigation risk analysis. Litigation is fraught with uncertainty, which is a condition or a state inherent in situations offering more than one possible outcome. Uncertainty also arises from the inherently probabilistic nature of some of the events affecting the ultimate outcome, as well as from the imperfect information available about certain facts and the concomitant need to make assumptions. Risk is the likelihood that the actual outcome will be unfavorable or undesired. Complexity results from uncertainty piled atop uncertainty. From a business decision-making point of view, litigation management is to a large degree a risk management problem. Risk is most often difficult to precisely measure or assess. Commonly, it is described with generalities such as a good chance,

DNA integrity and reproduction in mosquito sh exposed in situ to radionuclides Ecotoxicology, 6, 205 218 Thiebaut, F, T Tsuruo, H Hamada, MM Gottesman, I Pastan & MC Willingham (1987) Cellular localization of the multidrug-resistance gene product P-glycoprotein in normal human tissues Proceedings of the National Academy of Sciences of the USA, 84, 7735 Thomas, S & SF Perry (1992) Control and consequences of adrenergic activation of red blood cell Na+/H+ exchange on blood oxygen and carbon dioxide transport in sh Journal of Experimental Zoology, 263 (2), 160 175 Thorpe, JE (1994) Reproductive strategies in Atlantic salmon, Salmo salar L Aquaculture and Fisheries Management, 25, 77 87 Tyler, CR & JP Sumpter (1996) Oocyte growth and development in teleosts Reviews in Fish Biology, 6, 287 318 Tyler, CR, JP Sumpter & PR.

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Witthames (1990) The dynamics of oocyte growth during vitellogenesis in the rainbow trout, Salmo gairdneri Biology of Reproduction, 43, 202 209 Tyler, CR, JP Sumpter & PM Campbell (1991a) Uptake of vitellogenin into oocytes during early vitellogenic development in the rainbow trout, Oncorhynchus mykiss (walbaum) Journal of Fish Biology, 38 (5), 681 689 Tyler, CR, JP Sumpter, H Kawauchi & P Swanson (1991b) Involvement of gonadotropin in the uptake of vitellogenin into vitellogenic oocytes of the rainbow trout, Oncorhynchus mykiss General and Comparative Endocrinology, 84 (2), 291 299 Van Raaij, MTM, DSS Pit, PHM Balm, AB Steffens & GEEJM van der Thillart (1996) Behavioural strategy and the physiological stress response in rainbow trout exposed to severe hypoxia Hormones and Behaviour, 30 (1), 85 92 Van Veld, PA, DJ.

builds upon the work of many people mostly current or past employees of his company. He uses tools selected and maintained by his employer, many of which are choreographed into complex, difficult-to-change workflows. He produces some sort of knowledge output: software, research reports, legal documents, or a corporate website, for example. He networks mostly within his own organization, looks for new opportunities within that organization, and manages relationships up and down the hierarchy of that organization. His company sets his high-level priorities, though he largely manages himself on a day-to-day basis. Picture the web worker, a freelancer working from home or out of wifienabled caf s, she works on a variety of projects across organizational boundaries. She collaborates with people she s met on the web on an ad hoc or occasionally more formal basis, sometimes with a contract and sometimes not. She creates her work by assembling and modifying pieces other people have developed; she combines ideas or photos or music or research from a thousand places across the web. She looks for new opportunities on the web; manages relationships across communities, geography, and time zones; and uses a flexible set of web-based tools in fluid workflows.

Bowen theory (Kerr & Bowen, 1988) posits that two biologically based life forces, togetherness and individuality, propel all life forms For human beings, the togetherness life force reflects a need to be emotionally close to others, to be approved of, and to feel that one belongs to a group The individuality life force, in contrast, represents a need to be a unique organism, unlike others, with psychological space between oneself and others Differentiation is the balance that each individual achieves between these two competing life forces An individual who has achieved a relatively high level of differentiation of self can maintain a more or less equal balance of gratifying both individuality and togetherness needs Because human beings are born in a physiologically immature state and remain helpless for a very long time afterward, humans are dependent for their survival on the efforts of others.

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