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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
Literary historian extraordinaire Karl S. Guthke has shed light on yet another dark corner of the Age of Goethe. Most readers of this review will catch the irony of his title in relation to a certain biographical detail about Goethe—that he never in his life glimpsed the Atlantic Ocean in person, and hence could hardly have traveled to South America. The subtitle explains the irony: living abroad in Weimar. The “travels” we learn about are vicarious, through books and oral debriefings. What Goethe may have known about Latin America has been a subtopic of previous work by Guthke, such as Goethes Weimar und “Die große Öffnung in die weite Welt” (2001). Nor is (as Guthke acknowledges in footnotes) this the first book to play on topography in this fashion, for example, Dieter Strauss titled his book Goethes Wanderjahre in Lateinamerika und der Südsee (2014), and Sylk Schneider published Goethes Reisen nach Brasilien; Gedankenreise eines Genies (2008).
An important stimulus for Goethe's interest was provided by individuals who were part of his network. Alexander von Humboldt dedicated his 1807 Ideen zur Geographie der Pflanzen to Goethe, who read the work with great interest, as he did nearly everything that Humboldt published on the Americas. Duke Carl August's “man in London,” Johann Christian Hüttner, regularly sent résumés of British travel books, to give an idea of what should be purchased. These reports, delivered between 1814 and 1824—namely, the period in which Spanish America won its independence—have remained in 120 pages worth of manuscript, and have so far been mentioned only in passing by Goethe scholars, rather than fully analyzed, as Guthke does in this book. Goethe, who most likely made most of the purchasing decisions given the poor quality of the Duke's English skills, acquired twenty-one of the books for the Weimar library, the bibliographic data for which Guthke provides. Thus, the brief chapter that revisits published Goethe references to Spanish America is followed by the remark that these sources are “wenig aufschlussreich” (25). The bulk of the book is taken up with an amplification of Hüttner's reports, as though we were looking over Goethe's shoulder at them and noticing what he underlined.
Mehr wohl angestattet möch ich im Hause die Braut sehn;
Denn die Arme wird doch nur zulezt vom Manne verachtet,
Und er hält sie als Magd, die als Magd mit dem Bündel hereinkam.
O verso seguinte veio, sem ela querer: Ungerecht bleiben die Männer …
[I would like to see the bride of the house more richly adurned; Because the poor woman will only be scorned by her husband, And he will treat whoever arrives as a maid with her bundle as a maid. The next verse came to her against her will: Men are always unjust … She rejected it.]
—Mário de Andrade, 1927
GOETHE SPECIALISTS WILL recognize the hexametric prosody of the German lines in the epigraph as belonging to Hermann und Dorothea, even if they perhaps do not quite recall their exact place in the idyll, or the character who speaks them. (It is Hermann's father in the second canto, “Aussicht,” 2.183–85) They will certainly notice the several errors in transcription: “angestattet” instead of “ausgestattet” (“angestattet” not being a word in German, I have translated it with the English neologism “adurned”); “möch”; and “zulezt.” And anyone can see that this resulting text is bilingual. The final line in Portuguese says that the next verse came to “her”—the novel's protagonist— unwittingly, and that she rejected it. The number refers the reader to a footnote that provides a somewhat free translation of Goethe's lines into Portuguese, which are almost the last lines in Mário de Andrade's 1927 novel, Amar, verbo intransitive. Idílio (To love, intransitive verb, idyll; hereafter Amar).
The “she” is a German woman named Elza living in Brazil, who is usually referred to as “Fräulein”; various sentences in German, or sentences sprinkled with German words, as well as an entire poem by Heinrich Heine declaimed by Elza's pupil, appear in the middle of the Portuguese. In the erlebte Rede (i.e., free indirect discourse) narrative modality of much of the novel, German authors and poems are cited repeatedly. The citations are sometimes translated, or more frequently mistranslated.
Quantum dots (QDs) are increasingly employed in biologic imaging applications; however, anecdotal reports suggest difficulties in QD bioconjugation. Further, the stability of commercial QDs during bioconjugation has not been systematically evaluated. Thus, we examined fluorescence losses resulting from aggregation and declining photoluminescence quantum yield (QY) for commercial CdSe/ZnS QD products from four different vendors. QDs were most stable in the aqueous media in which they were supplied. The largest QY declines were observed during centrifugal filtration, whereas the largest declines in colloidal stability occurred in 2-(N-morpholino)ethanesulfonic acid (MES) buffer. These results enable optimization of bioconjugation protocols.
Childhood adversity is associated with poor mental and physical health outcomes across the life span. Alterations in the hypothalamic–pituitary–adrenal axis are considered a key mechanism underlying these associations, although findings have been mixed. These inconsistencies suggest that other aspects of stress processing may underlie variations in this these associations, and that differences in adversity type, sex, and age may be relevant. The current study investigated the relationship between childhood adversity, stress perception, and morning cortisol, and examined whether differences in adversity type (generalized vs. threat and deprivation), sex, and age had distinct effects on these associations. Salivary cortisol samples, daily hassle stress ratings, and retrospective measures of childhood adversity were collected from a large sample of youth at risk for serious mental illness including psychoses (n = 605, mean age = 19.3). Results indicated that childhood adversity was associated with increased stress perception, which subsequently predicted higher morning cortisol levels; however, these associations were specific to threat exposures in females. These findings highlight the role of stress perception in stress vulnerability following childhood adversity and highlight potential sex differences in the impact of threat exposures.
Ferroelectric polycrystalline thin films are being pursued as materials for use in the next generation of radiation hardened nonvolatile semiconductor memories, optical switches and optical computers. Of particular interest are PZT films with a composition near the morphotropic phase boundary. In order to fully understand the the difference in electrical properties as a function of processing parameters it is necessary to fully characterize phase composition and crystallographic properties of these films. Since some films are produced by either spinning or dipping successive layers to obtain the desired thickness it was necessary to compare the properties of each layer.
X-ray diffraction techniques employing parallel beam optics with grazing incidence angle geometry were used to characterize the films. Experimental procedures using sealed tube xray diffraction systems to determine differences in crystallite size and microstrain as a function of depth into the films are a rather unique application of this technique. Discerning the contribution to line broadening due to phase changes, grazing incident angle geometry, crystallite size and microstrain are key to the success of this technique.
This paper discusses the experimental techniques employed and will demonstrate how we were able to successfully determine microstrain as a function of depth into the film. We use transmission electron microscopy (TEM) to aid in the characterization of the films. A brief description of the processing procedures used to produce the films is also provided.
The use of grazing incidence parallel beam x-ray diffraction (GIXRD) in the characterization of lead zirconate titanate (PZT) films is described. This tool has enabled us to depth profile the films. The transmission electron microscopy (TEM) results obtained from a cross section of one film are shown to compliment the GIXRD results. The variation in crystallographic structure versus depth in the film was the primary focus of this study.
The insults from three PZT films having Zr/Ti ratios of 25/75, 48/52, and 75/25 are given. TEM results are reported from the sample with a Zr/Ti ratio of 48/52.
Genealogical constructions of population processes provide models which simultaneously record the forward-in-time evolution of the population size (and distribution of locations and types for models that include them) and the backward-in-time genealogies of the individuals in the population at each time t. A genealogical construction for continuous-time Markov branching processes from Kurtz and Rodrigues (2011) is described and exploited to give the normalized limit in the supercritical case. A Seneta‒Heyde norming is identified as a solution of an ordinary differential equation. The analogous results are given for continuous-state branching processes, including proofs of the normalized limits of Grey (1974) in both the supercritical and critical/subcritical cases.
Cashew nut shell liquid (CNSL) is an economically important by-product obtained from the cashew nut Anacardium occidentale L. The liquid has been found to be versatile with a wide range of uses, including as a raw material in the polymer industry, in the development of drugs (antioxidants) and in pest control. One important chemical component of CNSL known for its bioactivity is cardanol. We isolated (8Z,11Z)-3-(8,11,14-pentadecatrienyl)phenol, a cardanol from CNSL, and determined its insecticidal and progeny growth and development inhibition activities against Tribolium castaneum Hebst. We used a bioassay-guided approach for the isolation. Exposure to cardanol produced 80% mortality of adult T. castaneum in the insecticidal bioassay. In the progeny growth and development inhibition bioassay, 46.7% of larvae were killed, and only 20.7% of adults emerged without deformities after the cardanol treatment. The amount of isolated cardanol from the 1 g equivalent/ml extracted CNSL was found to be 36.55 mg with LC50 value of 47.88 mg/ml and 13.28 mg/ml against adult T. castaneum and its larvae, respectively. We conclude that cardanol can potentially be useful in managing stored product insect pests, especially T. castaneum, but with the prerequisite that one should take much care when handling and when applying the compound.
Waterhemp [Amaranthus tuberculatus (Moq.) J. D. Sauer] is a troublesome weed occurring in cropping systems throughout the U.S. Midwest with an ability to rapidly evolve herbicide resistance that could be associated with competitive disadvantages. Little research has investigated the competitiveness of different A. tuberculatus populations under similar environmental conditions. The objectives of this study were to evaluate: (1) the interspecific competitiveness of three herbicide-resistant A. tuberculatus populations (2,4-D and atrazine resistant [2A-R], glyphosate and protoporphyrinogen oxidase [PPO]-inhibitor resistant [GP-R], and 2,4-D, atrazine, glyphosate, and PPO-inhibitor susceptible [2AGP-S]) with soybean [Glycine max (L.) Merr.]; and (2) the density-dependent response of each A. tuberculatus population within a constant soybean population in a greenhouse environment. Amaranthus tuberculatus competitiveness with soybean was evaluated across five target weed densities of 0, 2, 4, 8, and 16 plants pot−1 (equivalent to 0, 20, 40, 80, and 160 plants m−2) with 3 soybean plants pot−1 (equivalent to 300,000 plants ha−1). At the R1 soybean harvest time, no difference in soybean biomass was observed across A. tuberculatus populations. At A. tuberculatus densities <8 plants pot−1, the 2AGP-S population had the greatest biomass and stem diameter per plant. At the R7 harvest time, the 2AGP-S population caused the greatest loss in soybean biomass and number of pods compared with the other populations at densities of <16 plants pot−1. The 2AGP-S population had greater early-season biomass accumulation and stem diameter compared with the other A. tuberculatus populations, which resulted in greater late-season reduction in soybean biomass and number of pods. This research indicates there may be evidence of interspecific competitive fitness cost associated with the evolution of 2,4-D, atrazine, glyphosate, and PPO-inhibitor resistance in A. tuberculatus. Focus should be placed on effectively using cultural weed management practices to enhance crop competitiveness, especially early in the season, to increase suppression of herbicide-resistant A. tuberculatus.
Cognitive–behavioural therapy (CBT) is the treatment of choice for generalised anxiety disorder (GAD), yielding significant improvements in approximately 50% of patients. There is significant room for improvement in the outcomes of treatment, especially in recovery.
We aimed to compare metacognitive therapy (MCT) with the gold standard treatment, CBT, in patients with GAD (clinicaltrials.gov identifier: NCT00426426).
A total of 246 patients with long-term GAD were assessed and 81 were randomised into three conditions: CBT (n = 28), MCT (n = 32) and a wait-list control (n = 21). Assessments were made at pre-treatment, post-treatment and at 2 year follow-up.
Both CBT and MCT were effective treatments, but MCT was more effective (mean difference 9.762, 95% CI 2.679–16.845, P = 0.004) and led to significantly higher recovery rates (65% v. 38%). These differences were maintained at 2 year follow-up.
MCT seems to produce recovery rates that exceed those of CBT. These results demonstrate that the effects of treatment cannot be attributed to non-specific therapy factors.
Declaration of interest
A.W. wrote the treatment protocol in MCT and several books on CBT and MCT, and receives royalties from these. T.D.B. wrote the protocol in CBT and has published several articles and chapters on CBT and receives royalties from these. All other authors declare no competing interests.
Much of the interest in youth at clinical high risk (CHR) of psychosis has been in understanding conversion. Recent literature has suggested that less than 25% of those who meet established criteria for being at CHR of psychosis go on to develop a psychotic illness. However, little is known about the outcome of those who do not make the transition to psychosis. The aim of this paper was to examine clinical symptoms and functioning in the second North American Prodrome Longitudinal Study (NAPLS 2) of those individuals whose by the end of 2 years in the study had not developed psychosis.
In NAPLS-2 278 CHR participants completed 2-year follow-ups and had not made the transition to psychosis. At 2-years the sample was divided into three groups – those whose symptoms were in remission, those who were still symptomatic and those whose symptoms had become more severe.
There was no difference between those who remitted early in the study compared with those who remitted at one or 2 years. At 2-years, those in remission had fewer symptoms and improved functioning compared with the two symptomatic groups. However, all three groups had poorer social functioning and cognition than healthy controls.
A detailed examination of the clinical and functional outcomes of those who did not make the transition to psychosis did not contribute to predicting who may make the transition or who may have an earlier remission of attenuated psychotic symptoms.
Both childhood maltreatment and insecure attachment are known to be associated with depression in adulthood. The extent insecure attachment increases the risk of adult clinical depression over that of parental maltreatment among women in the general population is explored, using those at high risk because of their selection for parental maltreatment together with an unselected sample.
Semi-structured interviews and investigator-based measures are employed.
Insecure attachment is highly associated with parental maltreatment with both contributing to the risk of depression, with attachment making a substantial independent contribution. Risk of depression did not vary by type of insecure attachment, but the core pathways of the dismissive and enmeshed involved the whole life course in terms of greater experience of a mother's physical abuse and their own anger as an adult, with both related to adult depression being more often provoked by a severely threatening event involving humiliation rather than loss. By contrast, depression of the insecure fearful and withdrawn was more closely associated with both current low self-esteem and an inadequately supportive core relationship. In terms of depression taking a chronic course, insecure attachment was again a key risk factor, but with this now closely linked with the early experience of a chaotic life style but with this involving only a modest number of women.
Both insecure attachment and parental maltreatment contribute to an increased risk of depression with complex effects involving types of insecure attachment.
The roughness functions induced by irregular peak- and/or pit-dominated surfaces in a fully developed turbulent channel flow are studied by direct numerical simulation. A surface generation algorithm is used to synthesise an irregular Gaussian height map with periodic boundaries. The Gaussian height map is decomposed into ‘pits-only’ and ‘peaks-only’ components, which produces two additional surfaces with similar statistical properties, with the exception of skewness, which are equal and opposite
. While the peaks-only surface yields a roughness function comparable to that of the Gaussian surface, the pits-only surface exhibits a far weaker roughness effect. Analysis of results is aided by deriving an equation for the roughness function that quantitatively identifies the mechanisms of momentum loss and/or gain. The statistical contributions of ‘form-induced’ and stochastic fluid motions to the roughness function are examined in further detail using quadrant analyses. Above the Gaussian and peaks-only surfaces, the contributions of dispersive and Reynolds shear stresses show a compensating effect, whereas above the pits-only surface, an additive effect is observed. Overall, the results emphasise the sensitivity of the near-wall flow with respect to higher-order topographical parameters, which can, in turn, induce significant differences in the roughness function above a peak- and/or pit-dominated surface.
People with severe mental illness (SMI) show significantly shorter life expectancy, mostly due to more prevalent cardiovascular disease. Although age is a prominent contributor to contemporary risk assessment and SMI usually affects younger people, these assessments still do not reveal the actual risk. By assessing advanced glycation end products (AGEs), cardiovascular risk can be assessed independent of age.
To establish whether detection of AGEs with the AGE-reader will give a more accurate cardiovascular risk assessment in people with SMI.
We compared assessment with the AGE-reader with that of the Systematic Coronary Risk Evaluation (SCORE) table in a group of 120 patients with SMI.
The AGE-reader showed an increased cardiovascular risk more often than the SCORE table, especially in the youngest group.
Because of its ease of use and substantiation by studies done on other chronic diseases, we advocate use of the AGE-reader in daily care for patients with SMI to detect cardiovascular risk as early as possible. However, the findings of the current study should be evaluated with caution and should be seen as preliminary findings that require confirmation by a prospective longitudinal cohort study with a substantial follow-up observation period.