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This chapter addresses a special category of cases in which an asserted patent is, or has been declared to be, essential to the implementation of a collaboratively developed voluntary consensus standard, and the holder of that patent has agreed to license it to implementers of the standard on terms that are fair, reasonable, and nondiscriminatory (FRAND).This chapter explores how the existence of such a FRAND commitment may affect a patent holder’s entitlement to monetary damages and injunctive relief. In addition to issues of patent law, remedies law, and contracts law, we consider the effect of competition law on this issue.
This chapter describes the current state of, and normative basis for, the law of reasonable royalties among the leading jurisdictions for patent infringement litigation, as well as the principal arguments for and against various practices relating to the calculation of reasonable royalties; and for each of the major issues discussed, the chapter provides one or more recommendations. The chapter’s principal recommendation is that, when applying a “bottom-up” approach to estimating reasonable royalties, courts should replace the Georgia-Pacific factors (and analogous factors used outside the United States) with a smaller list of considerations, specifically (1) calculating the incremental value of the invention and dividing it appropriately between the parties; (2) assessing market evidence, such as comparable licenses; and (3) where feasible and cost justified, using each of these first two considerations as a “check” on the accuracy of the other
This chapter discusses the law and policy of monetary awards — including exemplary damages and litigation cost recoveries — that go beyond the compensatory damages to which prevailing parties in patent litigation are normally entitled. Up to treble damages are authorized in the United States for knowing infringement, but attorney fees are awarded only in exceptional cases. The rest of the world tends toward the opposite: Attorney fees are awarded as a matter of course, but punitive damages are generally prohibited as against public policy.This chapter discusses the theory, law, and policy of enhanced damages and attorney fee awards in the United States, Europe, and Asia. While the availability of enhanced damages and fees can bring accused infringers that might otherwise “hold out” to the table, care must also be taken to ensure that it does not discourage productive learning from patents or challenges to overbroad and vague patents. Rather than endorse any single set of doctrinal rules, there is a recommendation for further research into a number of unanswered questions about current and potential future configurations, in order to inform future policymaking.
This chapter addresses two types of monetary remedies for patent infringement: (1) recovery of the patentee’s lost profits and (2) disgorgement of the infringer’s profits. Both remedies make a comparison between what actually happened and a hypothetical “but for” world in which no infringement occurred. But the two remedies have substantially different objectives: Lost profits are intended to compensate the patentee by restoring it to the position it would have occupied absent infringement, while disgorgement may serve other purposes, including deterrence, recapturing wrongful gains, and encouraging ex ante licensing of patented technology. Section 1 addresses several key issues regarding lost profits awards, including the availability and standard of proof, the role of noninfringing alternatives, potential recovery for the sale of related but unpatented goods, whether and how to apportion lost profits awards for complex products, and potential recovery for other infringement-related harms. Section 2 describes the justifications for, and availability of, the disgorgement (accounting) remedy in major patent systems and, additionally, analyzes a number of questions related to calculating such awards. In both sections, recommendations are made and areas for further research are identified.
Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which the patentee is willing to license an invention to an accused infringer for an agreed price, the indirect monetary value of an injunction against future infringement can dwarf the amount a finder of fact is likely to award as compensation for past infringement. In some of these cases, an injunction, if granted, would impose costs on accused infringers or third parties that go well beyond the more intrinsic value of the patented technology. This chapter explores the theory behind injunctive relief in patent cases, surveys the availability of this remedy in major patent systems, and suggests a general framework for courts to use when deciding whether injunctive relief is appropriate in individual cases.
A national need is to prepare for and respond to accidental or intentional disasters categorized as chemical, biological, radiological, nuclear, or explosive (CBRNE). These incidents require specific subject-matter expertise, yet have commonalities. We identify 7 core elements comprising CBRNE science that require integration for effective preparedness planning and public health and medical response and recovery. These core elements are (1) basic and clinical sciences, (2) modeling and systems management, (3) planning, (4) response and incident management, (5) recovery and resilience, (6) lessons learned, and (7) continuous improvement. A key feature is the ability of relevant subject matter experts to integrate information into response operations. We propose the CBRNE medical operations science support expert as a professional who (1) understands that CBRNE incidents require an integrated systems approach, (2) understands the key functions and contributions of CBRNE science practitioners, (3) helps direct strategic and tactical CBRNE planning and responses through first-hand experience, and (4) provides advice to senior decision-makers managing response activities. Recognition of both CBRNE science as a distinct competency and the establishment of the CBRNE medical operations science support expert informs the public of the enormous progress made, broadcasts opportunities for new talent, and enhances the sophistication and analytic expertise of senior managers planning for and responding to CBRNE incidents.
In the course of work, on the CaO-Nb205-Si02 System, a series of compositions on the Ca0-Nb2-05 binary join has been studied. There are indications of the existence of three calcium niobates. These compounds have been characterized by X-ray powder diffraction and optical data. Single crystal studies have given information concerning the crystallography of these materials.
X-ray diffraction studies have revealed that a titanium oxide with an NaCl-type structure is stable over a wide range of nonstoichiometric compositions, both above and below the 1:1 Ti/O atomic ratio. Attempts to prepare a strictly stoichiometric TiO as a single phase have revealed a marked tendency for such a composition to disproportionate into two nonstoichiometric “TiO”-type structures of variable composition, whereas nonstoichiometric compositions can be readily prepared under similar conditions as single, well-crystallized phases.
The oxide Ti3O5, which forms a constituent of the titanium-bearing slags produced in ilmenite smelting, has been prepared as a pure compound in two different crystalline forms, both monoclinic in structure, but one being very close to the orthorhombic pseudobrookite, Fe2O3 · TiO2, or ferrous dititanate, FeO · 2TiO2 structure. This “dititanate” form inverts to the other monoclinic form at high temperatures. Single crystals of the latter monoclinic form are readily made. The studies of the “dititanate” form have been restricted to powder diffraction work, since it inverts to the other form after melting. The two forms show different oxidation behaviors,
Traditionally x-ray spectrometers have been designed to analyze perfectly prepared specimens that are flat and highly polished such as 32mm discs. Certainly the best analytical results are obtained on such samples, however in an industrial laboratory it is also neccessary to obtain statistically valid results on samples that are less than ideal in size and geometry. The problem at the TRIDENT Refit Facility is to analyze large metal parts such as pump casings, valve bodys, flanges, and finished piping sections that are going into the repair of TRIDENT class submarines. Energy dispersive X-ray techniques have long been recognized as fast and non-destructive and are therefore ideally suited to the analysis of these finished metal parts.
Little is known about the combined use of benzodiazepines and antidepressants in older psychiatric patients. This study examined the prescription pattern of concurrent benzodiazepines in older adults treated with antidepressants in Asia, and explored its demographic and clinical correlates.
The data of 955 older adults with any type of psychiatric disorders were extracted from the database of the Research on Asian Psychotropic Prescription Patterns for Antidepressants (REAP-AD) project. Demographic and clinical characteristics were recorded using a standardized protocol and data collection procedure. Both univariate and multiple logistic regression analyses were performed.
The proportion of benzodiazepine and antidepressant combination in this cohort was 44.3%. Multiple logistic regression analysis revealed that higher doses of antidepressants, younger age (<65 years), inpatients, public hospital, major comorbid medical conditions, antidepressant types, and country/territory were significantly associated with more frequent co-prescription of benzodiazepines and antidepressants.
Nearly, half of the older adults treated with antidepressants in Asia are prescribed concurrent benzodiazepines. Given the potentially adverse effects of benzodiazepines, the rationale of benzodiazepines and antidepressants co-prescription needs to be revisited.
One of the biggest medical challenges after the detonation of a nuclear device will be implementing a strategy to assess the severity of radiation exposure among survivors and to triage them appropriately. Those found to be at significant risk for radiation injury can be prioritized to receive potentially lifesaving myeloid cytokines and to be evacuated to other communities with intact health care infrastructure prior to the onset of severe complications of bone marrow suppression. Currently, the most efficient and accessible triage method is the use of sequential complete blood counts to assess lymphocyte depletion kinetics that correlate with estimated whole-body dose radiation exposure. However, even this simple test will likely not be available initially on the scale required to assess the at-risk population. Additional variables such as geographic location of exposure, sheltering, and signs and symptoms may be useful for initial sorting. An interdisciplinary working group composed of federal, state, and local public health experts proposes an Exposure And Symptom Triage (EAST) tool combining estimates of exposure from maps with clinical assessments and single lymphocyte counts if available. The proposed tool may help sort survivors efficiently at assembly centers near the damage and fallout zones and enable rapid prioritization for appropriate treatment and transport. (Disaster Med Public Health Preparedness. 2018; 12: 386–395)
The extraction of fossils by the use of chisels, hammers, and picks is probably the oldest of the methods dealt with in this volume. One must also admit that it may be the most tedious and time consuming method considering the more recent applications of power tools. Yet, exacting as it is, one has only to visualize the exquisite craftsmanship displayed in the sculptures of antiquity to realize the potential of these hand tools.
One of the prime objectives of the earth scientist is the delineation of the sequential history of the physical and biological evolution of the planet. Biostratigraphy provides one framework of reference for ordering the sequence of events for a large portion of earth history. Representatives of the Phylum Mollusca have played a central role in the development of this frame of reference and indeed in the development of the discipline itself. Molluscs have had an important role since the earliest efforts to utilize fossils for purposes other than as objects of beauty, veneration or commerce. Indeed, William Smith's observations in the 1790's, that certain fossils were characteristically restricted to specific rock units in the vicinity of Bath, England, was primarily a delineation of molluscan species that to this day are recognized as distinctive of the Jurassic Bathonian Stage. Although the term biostratigraphy was not coined by Dollo until the early 1900's, the guiding principles and practices that evolved much earlier through the efforts of such pioneer biostratigraphers as d'Orbigny, Quenstedt, Oppel and Buckman were based primarily upon the study of the stratigraphic and spatial distribution of Jurassic molluscs. The part played by molluscs in these early studies is amply demonstrated by the fact that local Jurassic stages were named after fossil rather than place names by French and Swiss geologists - the Pterocerien and Strombien Stages for snails and the Astartien, Diceratien and Pholadomyen Stages for clams. Although subsequent work has seen the demise of such local nomenclature, these units remain recognizable as defined. In spite of later refinement, the principles and many of the zonations developed by these founders have stood the test of time for over a century and a half.
Prenatal maternal obesity has been linked to adverse childhood neuropsychiatric outcomes, including increased symptoms of attention deficit hyperactivity disorder (ADHD), internalizing and externalizing problems, affective disorders and neurodevelopmental problems but few studies have studied neuropsychiatric outcomes among offspring born to very severely obese women or assessed potential familial confounding by maternal psychological distress.
We evaluated neuropsychiatric symptoms in 112 children aged 3–5 years whose mothers had participated in a longitudinal study of obesity in pregnancy (50 very severe obesity, BMI ⩾40 kg/m2, obese class III and 62 lean, BMI 18.5–25 kg/m2). The mothers completed the Conners’ Hyperactivity Scale, Early Symptomatic Syndrome Eliciting Neurodevelopmental Clinical Examination Questionnaire (ESSENCE-Q), Child's Sleep Habits Questionnaire (CSHQ), Strengths and Difficulties Questionnaire (SDQ), and Child Behavior Checklist (CBCL) to assess child neuropsychiatric symptoms. Covariates included child's sex, age, birthweight, gestational age, socioeconomic deprivation levels, maternal age, parity, smoking status during pregnancy, gestational diabetes and maternal concurrent symptoms of anxiety and depression assessed using State Anxiety of Spielberger State-Trait Anxiety Index (STAI) and General Health Questionnaire (GHQ), respectively.
Children exposed to prenatal maternal very severe obesity had significantly higher scores in the Conners’ Hyperactivity Scale; ESSENCE-Q; total sleep problems in CSHQ; hyperactivity, conduct problems and total difficulties scales of the SDQ; higher externalizing and total problems, anxious/depressed, aggressive behaviour and other problem syndrome scores and higher DSM-oriented affective, anxiety and ADHD problems in CBCL. Prenatal maternal very severe obesity remained a significant predictor of child neuropsychiatric problems across multiple scales independent of demographic factors, prenatal factors and maternal concurrent symptoms of anxiety and depression.
Prenatal maternal very severe obesity is a strong predictor of increased neuropsychiatric problems in early childhood.
The effect of preservational quality on paleoecologic studies is evaluated quantitatively by using data from 83 fossil collections. These collections are from a restricted Cretaceous time interval (Haustator bilira Assemblage Zone) of Maestrichtian Age and are from the Eastern Gulf Coastal Plain Province. In all, 32,335 specimens were identified, resulting in recognition of 643 different taxa. Each collection was categorized into one of six preservational types, ranging from those in which both aragonite and calcite shells are well preserved to those having only calcite shells preserved.
Statistical comparisons reveal that preservation affects the faunal makeup of these collections. Specifically, collections in which both aragonite and calcite are well preserved have more taxa than collections of poorer preservational quality and contain faunal elements not found in other collections.
These two effects can confound paleoecologic studies of endemism, eurytopy vs. stenotopy, species longevity and other studies of the distribution of organisms in space and time. These effects are especially significant for studies based on presence/absence data, such as published faunal lists and selectively collected samples. In such studies, collections of good preservational quality may be interpreted to represent strata of high diversity, taxa having the more durable hard parts will appear to be widespread and long ranging, and taxa that are preserved only in collections of the best preservational quality will appear stenotopic, endemic, and rare.
The USA Mariner 10 spacecraft encountered Mercury three times in 1974-1975. The 1st and 3rd encounters provided detailed observations of a well developed, detached bow shock wave which results from the interaction of the solar wind. The planet possesses a global magnetic field, and modest magnetosphere, which deflects the solar wind. The field is approximately dipolar, with orientation in the same sense as Earth, tilted 12° from the rotation axis. The magnetic moment, 5×1022 Gauss-cm3, corresponds to an undistorted equatorial field intensity of 350γ, approximately 1% of Earth’s. The origin of the field, while unequivocally intrinsic to the planet, is uncertain. It may be due to remanent magnetization acquired from an extinct dynamo or a primordial magnetic field or due to a presently active dynamo. Among these possibilities, the latter appears more plausible at present. In any case, the existence of the magnetic field provides very strong evidence of a mature, differentiated planetary interior with a large core, Rc ≈ 0.7RM, and a record of the history of planetary formation in the magnetization of the crustal rocks.
Objective: Idiopathic normal pressure hydrocephalus (INPH) is a neurological disorder presenting with gait, cognitive, and bladder symptoms in the context of ventricular enlargement. Although gait is the primary indicator for treatment candidacy and outcome, additional monitoring tools are needed. Line Tracing Test (LTT) and Serial Dotting Test (SDT), two psychomotor tasks, have been introduced as potential outcome measures but have not been widely studied. This preliminary study examined whether LTT and SDT are sensitive to motor dysfunction in INPH and determined if accuracy and time are important aspects of performance. Methods: Eighty-four INPH subjects and 36 healthy older adults were administered LTT and SDT. Novel error scoring procedures were developed to make scoring practical and efficient; interclass correlation showed good reliability of scoring procedures for both tasks (0.997; p<.001). Results: The INPH group demonstrated slower performance on SDT (p<.001) and made a greater number of errors on both tasks (p<.001). Combined Time/Error scores revealed poorer performance in the INPH group for original-LTT (p<.001), modified-LTT (p≤.001) and SDT (p<.001). Conclusions: These findings indicate LTT and SDT may prove useful for monitoring psychomotor skills in INPH. While completion time reflects impaired processing speed, reduced accuracy may suggest planning and self-monitoring difficulties, aspects of executive functioning known to be compromised in INPH. This is the first study to underscore the importance of performance accuracy in INPH and introduce practical/reliable error scoring for these tasks. Future work will establish reliability and validity of these measures and determine their utility as outcome tools. (JINS, 2016, 22, 341–349)
The relation of solar active regions to the large-scale sector structure of the interplanetary field is discussed. In the winter of 1963–64 (observed by the satellite IMP-1) the plage density was greatest in the leading portion of the sectors and lesser in the trailing portion of the sectors. The boundaries of the sectors (places at which the direction of the interplanetary magnetic field changed from toward the Sun to away from the Sun, or vice versa) were remarkably free of plages. The very fact that since the first observations in 1962 the average interplanetary field has almost always had the property of being either toward the Sun or away from the Sun (along the Archimedean spiral angle) continuously for several days must be considered in the discussion of large-scale evolution of active regions. Using the observed interplanetary magnetic field at 1 AU and a set of reasonable assumptions the magnetic configuration in the ecliptic from 0·4 AU to 1·2 AU has been reconstructed. In at least one case a pattern emerges which appears to be related to the evolution of an active region from an early stage in which the magnetic lines closely couple the preceding and following halves of the region to a later stage in which the two halves of the region are more widely separated.