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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.
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 paper discusses a pulse electroplating method for preparing copper (Cu)-coated gas diffusion electrodes (GDEs) for the electrochemical conversion of carbon dioxide (CO2) to hydrocarbons such as ethylene. Ionomer coating and air-plasma surface pre-treatments were explored as means of hydrophilizing the carbon surface to enable adhesion of electrodeposited material. The pulsed-current electrodeposition method used successfully generated copper and copper oxide micro- and nano-particles on the prepared surfaces. Copper(I) species identified on the ionomer-treated GDEs are presumed to be highly active for the selective generation of ethylene as compared to other gaseous byproducts of CO2 reduction. Conversely, copper catalysts deposited onto plasma-treated GDEs were found to have poor activity for hydrocarbon production, likely due to substantial metallic character. Of note, plasma treatment of an ionomer-treated GDE after copper plating yielded further improvements in catalytic activity and durability towards ethylene production.
On 1 December 2011 the West Antarctic Ice Sheet (WAIS) Divide ice-core project reached its final depth of 3405 m. The WAIS Divide ice core is not only the longest US ice core to date, but is also the highest-quality deep ice core, including ice from the brittle ice zone, that the US has ever recovered. The methods used at WAIS Divide to handle and log the drilled ice, the procedures used to safely retrograde the ice back to the US National Ice Core Laboratory (NICL) and the methods used to process and sample the ice at the NICL are described and discussed.
It has been written of Anne Isabella, Lady Noel-Byron (1792–1860) that she “managed to quarrel with practically everyone for whom she undertook any philanthropy and certainly does not emerge from any examination of her good works without the conclusion being drawn that her unrecognized motive was to dominate.”1 That may be so. What is certain is that Lady Byron was a member of that small group that includes Jeremy Bentham and Richard Lovell Edgeworth, whose work for education was considerable and from whom public recognition has largely been withheld. In this regard Lady Byron was both disciple and innovator. She readily cooperated with and took advice from contemporary social critics who had an interest in education (Maria Edgeworth, Richard Lovell Edgeworth, Samuel Frend, Emmanuel de Fellenberg are names that come naturally to mind) but the ways in which she applied her knowledge were innovative and, indeed, frequently idiosyncratic.
This paper discusses a pulse electroplating method for developing tin (Sn)-decorated gas diffusion electrodes (GDEs) for the electrochemical conversion of carbon dioxide (CO2) to formate. The pulse-plated Sn electrodes achieved current densities up to 388 mA/cm2, more than two-fold greater than conventionally prepared electrodes (150 mA/cm2), both at a formate selectivity of 80%. Optical and microscopic analyses indicate improvements in deposition parameters could further enhance performance by reducing the catalyst particle size.
Improving children's learning and development in conflict-affected countries is critically important for breaking the intergenerational transmission of violence and poverty. Yet there is currently a stunning lack of rigorous evidence as to whether and how programs to improve learning and development in conflict-affected countries actually work to bolster children's academic learning and socioemotional development. This study tests a theory of change derived from the fields of developmental psychopathology and social ecology about how a school-based universal socioemotional learning program, the International Rescue Committee's Learning to Read in a Healing Classroom (LRHC), impacts children's learning and development. The study was implemented in three conflict-affected provinces of the Democratic Republic of the Congo and employed a cluster-randomized waitlist control design to estimate impact. Using multilevel structural equation modeling techniques, we found support for the central pathways in the LRHC theory of change. Specifically, we found that LRHC differentially impacted dimensions of the quality of the school and classroom environment at the end of the first year of the intervention, and that in turn these dimensions of quality were differentially associated with child academic and socioemotional outcomes. Future implications and directions are discussed.
Having worked on several approaches to CO2 capture over the past decade, we have studied a great number of physical and chemical solvents as well as polymer and composite membranes. Initially, most of these materials were based upon ionic liquids (ILs), however due to challenges encountered in applying ILs to meet the demanding requirements in CO2 separation processes, there is a need to reconsider what role (if any) ILs might play in CO2 capture technologies. Ultimately, more promising and robust materials will not come from ILs themselves, but from retrosynthetic analysis and a reconsideration of which structural variables and properties are (and are not) important. The hybridization of the constituent parts into entirely new, yet seemingly familiar substances, can yield greatly improved properties and economics. This manuscript highlights recent work from our group based on lessons learned from ILs that have spurred the development of new amine solvents and polymer materials to better address the demanding process conditions and requirements of CO2 capture and related separations.
Objectives: Blast explosions are the most frequent mechanism of traumatic brain injury (TBI) in recent wars, but little is known about their long-term effects. Methods: Functional connectivity (FC) was measured in 17 veterans an average of 5.46 years after their most serious blast related TBI, and in 15 demographically similar veterans without TBI or blast exposure. Subcortical FC was measured in bilateral caudate, putamen, and globus pallidus. The default mode and fronto-parietal networks were also investigated. Results: In subcortical regions, between-groups t tests revealed altered FC from the right putamen and right globus pallidus. However, following analysis of covariance (ANCOVA) with age, depression (Center for Epidemiologic Studies Depression Scale), and posttraumatic stress disorder symptom (PTSD Checklist – Civilian version) measures, significant findings remained only for the right globus pallidus with anticorrelation in bilateral temporal occipital fusiform cortex, occipital fusiform gyrus, lingual gyrus, and cerebellum, as well as the right occipital pole. No group differences were found for the default mode network. Although reduced FC was found in the fronto-parietal network in the TBI group, between-group differences were nonsignificant after the ANCOVA. Conclusions: FC of the globus pallidus is altered years after exposure to blast related TBI. Future studies are necessary to explore the trajectory of changes in FC in subcortical regions after blast TBI, the effects of isolated versus repetitive blast-related TBI, and the relation to long-term outcomes in veterans. (JINS, 2016, 22, 631–642)
Giant ragweed has been increasing as a major weed of row crops in the last 30 yr, but quantitative data regarding its pattern and mechanisms of spread in crop fields are lacking. To address this gap, we conducted a Web-based survey of certified crop advisors in the U.S. Corn Belt and Ontario, Canada. Participants were asked questions regarding giant ragweed and crop production practices for the county of their choice. Responses were mapped and correlation analyses were conducted among the responses to determine factors associated with giant ragweed populations. Respondents rated giant ragweed as the most or one of the most difficult weeds to manage in 45% of 421 U.S. counties responding, and 57% of responding counties reported giant ragweed populations with herbicide resistance to acetolactate synthase inhibitors, glyphosate, or both herbicides. Results suggest that giant ragweed is increasing in crop fields outward from the east-central U.S. Corn Belt in most directions. Crop production practices associated with giant ragweed populations included minimum tillage, continuous soybean, and multiple-application herbicide programs; ecological factors included giant ragweed presence in noncrop edge habitats, early and prolonged emergence, and presence of the seed-burying common earthworm in crop fields. Managing giant ragweed in noncrop areas could reduce giant ragweed migration from noncrop habitats into crop fields and slow its spread. Where giant ragweed is already established in crop fields, including a more diverse combination of crop species, tillage practices, and herbicide sites of action will be critical to reduce populations, disrupt emergence patterns, and select against herbicide-resistant giant ragweed genotypes. Incorporation of a cereal grain into the crop rotation may help suppress early giant ragweed emergence and provide chemical or mechanical control options for late-emerging giant ragweed.
From 1869 until the founding of the diocese of Singapore in 1909, the missions and chaplaincies in Singapore and what is now West Malaysia were within the jurisdiction of the diocese of Labuan, which itself had been founded as a legal fiction in 1855 as the stock onto which the bishopric for Rajah James Brooke’s Sarawak could be grafted. Although the diocese and the bishopric were constitutionally distinct, as succeeding bishops were often reminded by the rajahs of Sarawak, the bishops looked at the whole area of their spiritual leadership, and regarded the staffing of it as one problem—or opportunity. G. F. Hose himself, bishop of Labuan 1881–1908, and of Sarawak 1882–1908, had served in the Straits Settlements from 1868, and had been archdeacon of Singapore for his predecessor, Bishop Chambers. For sixty-two years the St Andrew’s Church Mission in Singapore, the base for work among Asians, had as superintendent two priests, W. H. Gomes, 1872—1902, and Richard Richards, 1902–34. Both had previously worked in Borneo, for more than fourteen and twelve years respectively. In the opposite direction Bishop Hose transferred to Kuching in 1898 A. F. Sharp, who had worked for six years in Singapore.
Three sundays after the outbreak of war, Fr Congreve, aged nearly 79, preached in the society’s church in Oxford, and gave a summary of professor J. B. Mozley’s sermon on war, delivered during the Franco-Prussian War in 1871, ‘for the sake’ he said, ‘of those of us who do not know it’. Fr Benson, the founder of the society, lived until 14 January 1915. At the age of 90 he kept abreast of the news, and was angered by the German bombardment of West Hartlepool and Bridlington; ‘he spoke with scorn of this effort of the enemy, and again and again spoke of its uselessness from a military point of view. ‘
The Superior General of the Society of St John the Evangelist, Fr Maxwell, realised that the war would cause a reduction in subscriptions. While no new work would be undertaken, he urged ‘we are really anxious to impress upon our friends that by far the greater part of our work is not such as can be retrenched without causing much suffering, and without crippling our effort in the future’. For example, they had the care of young children in the missions, who could not wait for ‘their next meal until after the war is over’.
On 3 May 1939 Dr Francis Carolus Eeles, General Secretary of the Central Council of Churches, wrote to Dr John Victor Macmillan, second Bishop of the new diocese of Guildford. He began by praising the Guildford Advisory Committee, ‘one of the best in the country; its businesslike methods and its thoroughness leave nothing to be desired.’ It was not one of the six on which Eeles himself served. He went on to speak about Guildford St Nicolas’.
The synagogue in Bevis Marks in the city of London, 1700-1, is the oldest in this country. The second is in Plymouth, in Catherine Street. It was built in 1762, and is the oldest Ashkenazi synagogue in the English-speaking world. It is noteworthy for its original furnishings, which are mainly austere—the deal benches, and plain turned balusters for the enclosures, with the eight brass candle-sticks, now electrified, round the bimah. The exception is the ornately carved wooden ark, towering almost to the ceiling, with large urns on the entablature, which is supported by Corinthian columns. It is mortifying to the Hebrew congregation that its existence is mostly known not for its historic and architectural importance, but in connection with the defection of one of its ministers, Michael Solomon Alexander, in 1825. A little more than sixteen years later, Alexander was consecrated for the newly constituted Jerusalem bishopric, on 7 December 1841, in Lambeth Palace Chapel. Archbishop Howley was joined in the laying on of hands by Blomfield of London, Murray of Rochester, and Selwyn of New Zealand, who had been consecrated in the same chapel three weeks before.
When James Brooke became rajah of Sarawak in 1841, his enterprise – the acquiring of territorial sovereign rule by a private British citizen– was regarded with doubt and hesitation in official circles in London, and all three white rajahs were always very sensitive about their status. But when James Brooke visited England in 1847-8 there was no doubt about his personal standing as a romantic figure. Moreover, he added to the strength of the British presence in south-east Asia, which was needed to discourage Dutch assertiveness, and so he was lionised, and knighted, and among other things given an honorary doctorate by the university of Oxford. While he was there, about £500 was collected by members of the university, who considered that a mission to Borneo ‘ought to go forth under the superintendence of a Bishop from the very first’. This was sound doctrinal theory, but unlikely to be put into practice then or indeed since. But the idea was there, and the money was funded, and the church in Borneo did not have to wait as long as many places for episcopal ministrations, or for an episcopate of its own. Plans for a mission to Sarawak had already been made, and the first two missionaries sailed with their families at the end of 1847, and landed in Sarawak on 29 June 1848.
The interaction of gender and religion affects a developing as much as a developed church. A missionary church raises appropriate issues not merely as they affect those spreading the message, but as they affect the receivers, both immediately and in a later period of establishment. This paper deals with such matters as they appear in the history of the Anglican Church in Sarawak, where the missionary activity began in 1848.
Gene × Environment interaction contributes to externalizing disorders in childhood and adolescence, but little is known about whether such effects are long lasting or present in adulthood. We examined gene–environment interplay in the concurrent and prospective associations between antisocial peer affiliation and externalizing disorders (antisocial behavior and substance use disorders) at ages 17, 20, 24, and 29. The sample included 1,382 same-sex twin pairs participating in the Minnesota Twin Family Study. We detected a Gene × Environment interaction at age 17, such that additive genetic influences on antisocial behavior and substance use disorders were greater in the context of greater antisocial peer affiliation. This Gene × Environment interaction was not present for antisocial behavior symptoms after age 17, but it was for substance use disorder symptoms through age 29 (though effect sizes were largest at age 17). The results suggest adolescence is a critical period for the development of externalizing disorders wherein exposure to greater environmental adversity is associated with a greater expression of genetic risk. This form of Gene × Environment interaction may persist through young adulthood for substance use disorders, but it appears to be limited to adolescence for antisocial behavior.
The tufa deposits of the Ghaap Plateau escarpment provide a rich, yet minimally explored, geological archive of climate and environmental history coincident with hominin evolution in South Africa. This study examines the sedimentary and geochemical records of ancient and modern tufas from Buxton-Norlim Limeworks, Groot Kloof, and Gorrokop, to assess the potential of these sediments for providing reliable chronologies of high-resolution, paleoenvironmental information. Chronometric dating demonstrates that tufa formation has occurred from at least the terminal Pliocene through to the modern day. The stable isotope records show a trend toward higher, more variable δ18O and δ13C values with decreasing age from the end of the Pliocene onwards. The long-term increase in δ18O values corresponds to increasingly arid conditions, while increasing δ13C values reflect the changing proportion of C3/C4 vegetation in the local environment. Analysis of the Thabaseek Tufa, in particular, provides valuable evidence for reconstructing the depositional and chronological context of the enigmatic Taung Child (Australopithecus africanus). Collectively, the results of the present study demonstrate the potential of these deposits for developing high-precision records of climate change and ultimately, for understanding the causal processes relating climate and hominin evolution.