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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 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.
In this cohort of Escherichia coli and Klebsiella spp hospital-onset bacteremia, isolated fluoroquinolone resistance had a larger relative impact on mortality than other phenotypic resistance patterns. This finding may support stewardship efforts targeting unnecessary fluoroquinolone use and increased attention from infection prevention and control departments.
Carbon-14 (radiocarbon, 14C) is a long-lived radionuclide (5730 yr) of interest regarding the safety for the management of intermediate level wastes (ILW). The present study gives an overview of the release of 14C from irradiated Zircaloy cladding in alkaline media. 14C is found either in the alloy part of Zircaloy cladding due to the neutron activation of 14N impurities by 14N(n,p)14C reaction, or in the oxide layer (ZrO2) formed at the metal surface by the neutron activation of 17O from UO2 or (U-Pu)O2 fuel and water from the primary circuit in the reactor by 17O(n,α)14C reaction. Various irradiated and unirradiated Zircaloys have been studied. The total 14C inventory has been determined both experimentally and by calculations. The results seem to be in good agreement. Leaching experiments were conducted in alkaline media for several time durations. 14C was mainly released as carboxylic acids. Further, corrosion measurements were performed by using both hydrogen measurements and electrochemical measurements. The corrosion rate (CR) ranges from a few nm/yr to 100 nm/yr depending on the surface conditions and the method used for measurement. From a safety assessment point of view, the instant release fraction (IRF) was determined on irradiated Zircaloy-2. The results showed that the 14C inventory in the oxide was significantly below the 20% commonly used in safety case assessments.
Sodium bromate is a strong oxidant, and bromate intoxication can cause irreversible severe-to-profound sensorineural hearing loss. This paper reports the first case in the English literature of bromate-induced hearing loss with hearing recovery measured by formal audiological assessment.
A 72-year-old woman was admitted to hospital with complaints of profound hearing loss, nausea, diarrhoea and anuria after bromate ingestion in a suicide attempt. On admission, pure tone audiometry and auditory brainstem responses showed profound bilateral deafness. Under the diagnosis of bromate-induced acute renal failure and sensorineural hearing loss, continuous haemodiafiltration was performed. When dialysis was discontinued, pure tone audiometry and auditory brainstem responses showed partial threshold recovery from profound deafness.
Severe-to-profound sensorineural hearing loss is a common symptom of bromate intoxication. Bromate-induced hearing loss may be partially treated, and early application of continuous haemodiafiltration might be useful as a treatment for this intractable condition.
Unusual mafic rock fragments deposited in Plio-Pleistocene-aged marine sediments were recorded at Integrated Ocean Drilling Program (IODP) Site U1359, in Wilkes Land, East Antarctica. These fragments were identified from sediment layers deposited between c. 3 and 1.2 Ma, indicating a sustained supply during this time interval. Clinopyroxenes in these basalts are Al–Ti diopside–hedenbergite, uncommon in terrestrial magmatic rocks. A single strong peak in the Raman spectra of a phosphate-bearing mineral at 963 cm-1 supports the presence of merrillite. Although not conclusive, petrological traits and oxygen isotopic compositions also suggest that the fragments may be extra-terrestrial fragments affected by shock metamorphism. Nevertheless, it is concluded that the basaltic fragments incorporated in marine sediments at Site U1359 represent ice-rafted material supplied to the continental rise of East Antarctica, probably from the bedrocks near the proximal Ninnis Glacier. Further studies on Plio-Pleistocene sediments near Site U1359 are required to characterize the unusual mafic rocks described.
We investigate the two-photon absorption characteristics of hemicyanine dyes that exhibit a one-photon absorption at around 500 nm. The dyes exhibited two-photon-induced fluorescence upon irradiation with an Yb-doped femtosecond fiber laser operating at 1030 nm. Among the dyes, 4-[4-[4-(dimethylamino)phenyl]-1,3-butadienyl]-1-ethyl-pyridinium perchlorate exhibited the most efficient two-photon-induced fluorescence at 1030 nm. Since these dyes possess cationic moiety, the dyes accumulated in the mitochondria of a living cell. Two-photon images of mitochondria were obtained by staining living HEK293 cells with these dyes. When 4-[4-[4-(dimethylamino)phenyl]-1,3-butadienyl]-1-ethyl-pyridinium perchlorate was employed, a two-photon-induced fluorescence image could be obtained even when a 3 mW fiber laser beam was used as the excitation source.
Measurements in the infrared wavelength domain allow direct assessment of the physical state and energy balance of cool matter in space, enabling the detailed study of the processes that govern the formation and evolution of stars and planetary systems in galaxies over cosmic time. Previous infrared missions revealed a great deal about the obscured Universe, but were hampered by limited sensitivity.
SPICA takes the next step in infrared observational capability by combining a large 2.5-meter diameter telescope, cooled to below 8 K, with instruments employing ultra-sensitive detectors. A combination of passive cooling and mechanical coolers will be used to cool both the telescope and the instruments. With mechanical coolers the mission lifetime is not limited by the supply of cryogen. With the combination of low telescope background and instruments with state-of-the-art detectors SPICA provides a huge advance on the capabilities of previous missions.
SPICA instruments offer spectral resolving power ranging from R ~50 through 11 000 in the 17–230 μm domain and R ~28.000 spectroscopy between 12 and 18 μm. SPICA will provide efficient 30–37 μm broad band mapping, and small field spectroscopic and polarimetric imaging at 100, 200 and 350 μm. SPICA will provide infrared spectroscopy with an unprecedented sensitivity of ~5 × 10−20 W m−2 (5σ/1 h)—over two orders of magnitude improvement over what earlier missions. This exceptional performance leap, will open entirely new domains in infrared astronomy; galaxy evolution and metal production over cosmic time, dust formation and evolution from very early epochs onwards, the formation history of planetary systems.
We aimed to verify the effectiveness of real-time reverse transcription (rRT) polymerase chain reaction (PCR) for detecting cases of modified measles (M-Me) and for predicting super-spreader candidates through the experience of a measles outbreak dominated by M-Me in Yamagata, Japan, during March–April 2017. We applied rRT-PCR to specimens from 35 cases of M-Me, nine cases of typical measles (T-Me) and nine cases of prodromal stage of T-Me (P-Me). From rRT-PCR among the M-Me cases, peripheral blood mononuclear cells (PBMC) showed the highest positive rate (80.0%), followed by throat swab (48.6%), urine (33.3%) and serum (3.1%). The negative result of PBMC in M-Me cases was recovered by the result of a throat swab. In specimens of PBMC, throat swab and urine, M-Me group showed the significantly higher cycle of threshold (i.e., lower viral load) in the rRT-PCR than T-Me and P-Me groups, respectively. Furthermore, three super-spreaders in T-Me or P-Me showed an extremely low cycle of threshold in their throat swab specimens. rRT-PCR using PBMC and throat swab might be helpful for clinical management and measles control by certain detection of M-Me cases and by predicting super-spreading events resulting from measles cases with the high viral load.
In this work we have conducted a study on the radiative and spectroscopic properties of the radiative precursor and the post-shock region from experiments with radiative shocks in xenon performed at the Orion laser facility. The study is based on post-processing of radiation-hydrodynamics simulations of the experiment. In particular, we have analyzed the thermodynamic regime of the plasma, the charge state distributions, the monochromatic opacities and emissivities, and the specific intensities for plasma conditions of both regions. The study of the intensities is a useful tool to estimate ranges of electron temperatures present in the xenon plasma in these experiments and the analysis performed of the microscopic properties commented above helps to better understand the intensity spectra. Finally, a theoretical analysis of the possibility of the onset of isobaric thermal instabilities in the post-shock has been made, concluding that the instabilities obtained in the radiative-hydrodynamic simulations could be thermal ones due to strong radiative cooling.
The mid-infrared range contains many spectral features associated with large molecules and dust grains such as polycyclic aromatic hydrocarbons and silicates. These are usually very strong compared to fine-structure gas lines, and thus valuable in studying the spectral properties of faint distant galaxies. In this paper, we evaluate the capability of low-resolution mid-infrared spectroscopic surveys of galaxies that could be performed by SPICA. The surveys are designed to address the question how star formation and black hole accretion activities evolved over cosmic time through spectral diagnostics of the physical conditions of the interstellar/circumnuclear media in galaxies. On the basis of results obtained with Herschel far-infrared photometric surveys of distant galaxies and Spitzer and AKARI near- to mid-infrared spectroscopic observations of nearby galaxies, we estimate the numbers of the galaxies at redshift z > 0.5, which are expected to be detected in the polycyclic aromatic hydrocarbon features or dust continuum by a wide (10 deg2) or deep (1 deg2) blind survey, both for a given observation time of 600 h. As by-products of the wide blind survey, we also expect to detect debris disks, through the mid-infrared excess above the photospheric emission of nearby main-sequence stars, and we estimate their number. We demonstrate that the SPICA mid-infrared surveys will efficiently provide us with unprecedentedly large spectral samples, which can be studied further in the far-infrared with SPICA.
IR spectroscopy in the range 12–230 μm with the SPace IR telescope for Cosmology and Astrophysics (SPICA) will reveal the physical processes governing the formation and evolution of galaxies and black holes through cosmic time, bridging the gap between the James Webb Space Telescope and the upcoming Extremely Large Telescopes at shorter wavelengths and the Atacama Large Millimeter Array at longer wavelengths. The SPICA, with its 2.5-m telescope actively cooled to below 8 K, will obtain the first spectroscopic determination, in the mid-IR rest-frame, of both the star-formation rate and black hole accretion rate histories of galaxies, reaching lookback times of 12 Gyr, for large statistically significant samples. Densities, temperatures, radiation fields, and gas-phase metallicities will be measured in dust-obscured galaxies and active galactic nuclei, sampling a large range in mass and luminosity, from faint local dwarf galaxies to luminous quasars in the distant Universe. Active galactic nuclei and starburst feedback and feeding mechanisms in distant galaxies will be uncovered through detailed measurements of molecular and atomic line profiles. The SPICA’s large-area deep spectrophotometric surveys will provide mid-IR spectra and continuum fluxes for unbiased samples of tens of thousands of galaxies, out to redshifts of z ~ 6.
This paper describes the design and fabrication of a range of ‘gas cell’ microtargets produced by the Target Fabrication Group in the Central Laser Facility (CLF) for academic access experiments on the Orion laser facility at the Atomic Weapons Establishment (AWE). The experiments were carried out by an academic consortium led by Imperial College London. The underlying target methodology was an evolution of a range of targets used for experiments on radiative shocks and involved the fabrication of a precision machined cell containing a number of apertures for interaction foils or diagnostic windows. The interior of the cell was gas-filled before laser irradiation. This paper details the assembly processes, thin film requirements and micro-machining processes needed to produce the targets. Also described is the implementation of a gas-fill system to produce targets that are filled to a pressure of 0.1–1 bar. The paper discusses the challenges that are posed by such a target.
We examined microorganisms and pollen in a pit (4.5m deep) and a shallow ice core (25.01m long) from Sofiyskiy glacier in the Altai mountains of Russia for potential use in dating ice cores from a mid-latitude glacier. The ice-core and pit samples contained various green algae, cyanobacteria, bacteria, fungi and pollen. In the vertical profiles of the pit, algal biomass peaks corresponded to high δ18O layers and Pinaceae pollen peaks, suggesting that these algae grew during the melt season. In contrast, the layer with the lowest δ18O contained almost no algal cells. Major peaks of the cyanobacteria, bacteria and a fungus roughly corresponded to those of the algae. However, seasonal changes in these microorganisms became indistinct deeper in the core, as did the seasonal variation in δ18O and major ions, most likely due to heavy meltwater percolation and/or post-depositional decomposition. In contrast, clear seasonal cycles were evident in the algal biomass and pollen in snow samples. Assuming that the peaks of the snow algae and Pinaceae pollen marked summer layers and that the layers with almost no snow algae represented the winter layers, we estimated that the ice core contained 16 annual layers (1985–2001). The mean annual mass balance for the period was estimated to be 1.01mw.e. The value agreed well with those estimated from stake measurements, indicating that snow algae and pollen could provide reliable boundary markers of annual layers in the ice cores of this region.
Extensive reflection nebulae have been discovered around GGD27 IRS and around W75N IRS by mapping the infrared polarization in the K band.
It was found that the infrared radiation from both objects is extended at λ = 2.2 μm, by using the Agematsu 1-m, the UH 2.2-m, and the UKIR 3.8-m telescopes. We have carried out polarization mapping with the Kyoto polarimeter on the UKIRT in August 1985.
Climate change, by its influence on the ecology of vectors might affect the occurrence of vector-borne diseases. This study examines the effects of meteorological factors in Japan on the occurrence of scrub typhus, a mite-borne zoonosis caused by Orientia tsutsugamushi. Using negative binomial regression, we analysed the relationships between meteorological factors (including temperature, rainfall, snowfall) and spring–early summer cases of scrub typhus in Yamagata Prefecture, Japan, during 1984–2014. The average temperature in July and August of the previous year, cumulative rainfall in September of the previous year, snowfall throughout the winter, and maximum depth of snow cover in January and February were positively correlated with the number of scrub typhus cases. By contrast, cumulative rainfall in July of the previous year showed a negative relationship to the number of cases. These associations can be explained by the life-cycle of Leptotrombidium pallidum, a predominant vector of spring–early summer cases of scrub typhus in northern Japan. Our findings show that several meteorological factors are useful to estimate the number of scrub typhus cases before the endemic period. They are applicable to establish an early warning system for scrub typhus in northern Japan.
The Protoplanetary Discussions conference—held in Edinburgh, UK, from 2016 March 7th–11th—included several open sessions led by participants. This paper reports on the discussions collectively concerned with the multi-physics modelling of protoplanetary discs, including the self-consistent calculation of gas and dust dynamics, radiative transfer, and chemistry. After a short introduction to each of these disciplines in isolation, we identify a series of burning questions and grand challenges associated with their continuing development and integration. We then discuss potential pathways towards solving these challenges, grouped by strategical, technical, and collaborative developments. This paper is not intended to be a review, but rather to motivate and direct future research and collaboration across typically distinct fields based on community-driven input, to encourage further progress in our understanding of circumstellar and protoplanetary discs.
We discuss the properties of the very energetic Type Ic supernovae (SNe Ic) 1998bw and 1997ef, and of Type IIn supernova (SN IIn) 1997cy. SNe Ic 1998bw and 1997ef are characterized by their large luminosity and very broad spectral features. Their observed properties can be explained if they are very energetic SN explosions (EK ≳ 1 × 1052 erg), originating probably from the core collapse of the bare C+O cores of massive stars (~ 30–40M⊙). At late times, both the light curve and the spectra suggest that the explosion may have been asymmetric; this may help us understand the claimed connection with GRBs. Type IIn SN 1997cy is even more luminous than SN 998bw, and the light curve declines more slowly than the 56Co decay. We model such a light curve with circumstellar interaction, which requires the explosion energy of ~ 5 × 1052 erg. Because these kinetic energies of explosion are much larger than in normal core-collapse SNe, we call objects like these SNe “hypernovae”.
It has generally been accepted that moving type IV bursts are generated as synchrotron radiation from energetic electrons high in the solar corona (Boischot and Denisse 1957). At 80 MHz the peak brightness temperature is usually ~ 108 K and the radiation becomes highly circularly polarized as the burst decays. This has led several authors (Kai 1969; Dulk 1970, 1973; Schmahl 1972; Robinson 1974, 1977; Nelson 1977) to the conclusion that the radiation comes from mildly relativistic (~ 100 keV) electrons and occurs at low harmonics of the gyro-frequency (gyro-synchrotron radiation). We present evidence of moving type IV bursts at 43, 80 and 160 MHz with brightness temperatures of ~ 109 K, and one at 43 MHz as high as 1010 K. The number (~ 1033) of energetic (≥ 1 MeV) electrons which is required in order to explain such high brightness temperatures by incoherent gyro-synchrotron emission is very large and near the upper limit for the number of fast electrons accelerated in the second phase of a solar flare. If amplification takes place a smaller number of electrons with energies ~ 100 keV would be required.