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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
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.
The Taipan galaxy survey (hereafter simply ‘Taipan’) is a multi-object spectroscopic survey starting in 2017 that will cover 2π steradians over the southern sky (δ ≲ 10°, |b| ≳ 10°), and obtain optical spectra for about two million galaxies out to z < 0.4. Taipan will use the newly refurbished 1.2-m UK Schmidt Telescope at Siding Spring Observatory with the new TAIPAN instrument, which includes an innovative ‘Starbugs’ positioning system capable of rapidly and simultaneously deploying up to 150 spectroscopic fibres (and up to 300 with a proposed upgrade) over the 6° diameter focal plane, and a purpose-built spectrograph operating in the range from 370 to 870 nm with resolving power R ≳ 2000. The main scientific goals of Taipan are (i) to measure the distance scale of the Universe (primarily governed by the local expansion rate, H0) to 1% precision, and the growth rate of structure to 5%; (ii) to make the most extensive map yet constructed of the total mass distribution and motions in the local Universe, using peculiar velocities based on improved Fundamental Plane distances, which will enable sensitive tests of gravitational physics; and (iii) to deliver a legacy sample of low-redshift galaxies as a unique laboratory for studying galaxy evolution as a function of dark matter halo and stellar mass and environment. The final survey, which will be completed within 5 yrs, will consist of a complete magnitude-limited sample (i ⩽ 17) of about 1.2 × 106 galaxies supplemented by an extension to higher redshifts and fainter magnitudes (i ⩽ 18.1) of a luminous red galaxy sample of about 0.8 × 106 galaxies. Observations and data processing will be carried out remotely and in a fully automated way, using a purpose-built automated ‘virtual observer’ software and an automated data reduction pipeline. The Taipan survey is deliberately designed to maximise its legacy value by complementing and enhancing current and planned surveys of the southern sky at wavelengths from the optical to the radio; it will become the primary redshift and optical spectroscopic reference catalogue for the local extragalactic Universe in the southern sky for the coming decade.
Chagas disease is caused by infection with the insect-transmitted protozoan Trypanosoma cruzi, and is the most important parasitic infection in Latin America. The current drugs, benznidazole and nifurtimox, are characterized by limited efficacy and toxic side-effects, and treatment failures are frequently observed. The urgent need for new therapeutic approaches is being met by a combined effort from the academic and commercial sectors, together with major input from not-for-profit drug development consortia. With the disappointing outcomes of recent clinical trials against chronic Chagas disease, it has become clear that an incomplete understanding of parasite biology and disease pathogenesis is impacting negatively on the development of more effective drugs. In addition, technical issues, including difficulties in establishing parasitological cure in both human patients and animal models, have greatly complicated the assessment of drug efficacy. Here, we outline the major questions that need to be addressed and discuss technical innovations that can be exploited to accelerate the drug development pipeline.
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.
The present study investigated nutritional programming in Atlantic salmon to improve utilisation of a vegetable-based diet. At first exogenous feeding, fry were fed either a marine-based diet (Diet Mstimulus, 80% fishmeal (FM)/4% fish oil (FO)) or a vegetable-based diet (Diet Vstimulus, 10% FM/0% FO) for 3 weeks. Subsequently, all fish were then fed under the same conditions with a commercial, marine-based, diet for 15 weeks and thereafter challenged with a second V diet (Diet Vchallenge, 10% FM/0% FO) for 6 weeks. Diploid and triploid siblings were run in parallel to examine ploidy effects. Growth performance, feed intake, nutrient utilisation and intestinal morphology were monitored. Fish initially given Diet Vstimulus (V-fish) showed 24 % higher growth rate and 23 % better feed efficiency compared with M-fish when later challenged with Diet Vchallenge. There was no difference in feed intake between nutritional histories, but increased nutrient retentions highlighted the improved utilisation of a V diet in V-fish. There were generally few significant effects of nutritional history or ploidy on enteritis scores in the distal intestine after the challenge phase as only V-triploids showed a significant increase (P<0·05) in total score. The data highlighted that the positive effects were most likely a result of nutritional programming and the ability to respond better when challenged later in life may be attributed to physiological and/or metabolic changes induced by the stimulus. This novel study showed the potential of nutritional programming to improve the use of plant raw material ingredients in feeds for Atlantic salmon.
Few studies have focussed on the health and immunity of triploid Atlantic salmon and therefore much is still unknown about their response to commercially significant pathogens. This is important if triploid stocks are to be considered for full-scale commercial production. This study aimed to investigate and compare the response of triploid and diploid Atlantic salmon to an experimental challenge with Neoparamoeba perurans, causative agent of amoebic gill disease (AGD). This disease is economically significant for the aquaculture industry. The results indicated that ploidy had no significant effect on gross gill score or gill filaments affected, while infection and time had significant effects. Ploidy, infection and time did not affect complement or anti-protease activities. Ploidy had a significant effect on lysozyme activity at 21 days post-infection (while infection and time did not), although activity was within the ranges previously recorded for salmonids. Stock did not significantly affect any of the parameters measured. Based on the study results, it can be suggested that ploidy does not affect the manifestation or severity of AGD pathology or the serum innate immune response. Additionally, the serum immune response of diploid and triploid Atlantic salmon may not be significantly affected by amoebic gill disease.
Physical and chemical coupling of peatland vegetation, soils and landforms, and atmosphere creates feedbacks which may be important in ice-age initiation. A box diffusion CO2 exchange model shows that a transient forcing of 500 Gt C (the amount proposed to have accumulated in peatlands during the last interglacial–glacial transition) over 5000 yr results in a lowering of atmospheric CO2 by about 40 ppm. Proxy data indicate that a decrease in atmospheric CO2 may have occurred over the last 5000 yr up to preindustrial times, and the amount is similar to that calculated from Holocene peatland expansion (∼22 ppm). These results suggest that models should consider the role of peatlands in ice-age initiation.
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.
The polyplacophoran Matthevia Walcott, 1885 has been reported previously only from Cambrian rocks. Recovery of specimens of two different species of Matthevia from the top of the cherty lower Gasconade Dolomite in Missouri extends the known range of the genus into the Ordovician. The presence of the Lower Ordovician trilobite Praepatokephalus Lochman, 1964 in one collection provides the biostratigraphic evidence that the new specimens of Matthevia are Ordovician in age. Matthevia erecta n. sp. is described. An emended diagnosis for the trilobite Praepatokephalus is provided; two species of the genus are briefly described but are left in open nomenclature as P. sp. A and P. sp. B.
On Friday September 17 Jim Stitt died quietly in his sleep, ending a long and characteristically tenacious battle with cancer. His passing leaves a void of great magnitude in the geological sciences and in the lives of the many people whom he influenced as family, friends, or colleagues. I was Jim's first Ph.D. student at the University of Missouri, where he spent the past 31 years as a pillar of the geology program, serving at various times as Chair and Graduate Student Advisor. Jim is well known and respected for an impressive body of meticulously crafted taxonomic and biostratigraphic studies on trilobites and brachiopods. His three monographs on faunas in the Arbuckle and Wichita Mountains of Oklahoma (Stitt, 1971a, 1977, 1983) established that area as a standard for correlation of Upper Cambrian and Lower Ordovician strata in North America. This “Oklahoma trilogy” is a treasure trove of taxonomic and biostratigraphic data that has been drawn upon heavily in numerous subsequent biostratigraphic and paleobiologic studies. It provides a biozonation of unparalleled precision for carbonate platform facies of that interval, ironically assembled in an area where rocks of that age yield their fossils only reluctantly. Jim took great pride in extracting useful information from difficult rocks. He passed that laudable attitude on to his academic offspring, along with the sense of satisfaction he derived from seeing his data put to good use in solving geologic or paleobiologic problems, in his own work and in that of others. At the same time, he was always complimentary and supportive of more theoretical or abstract research, an attitude sadly lacking in some practitioners with a bent toward applied paleontology.
Previously undescribed trilobites associated with microbial patch reefs have been recovered from the Upper Cambrian (upper Steptoean Stage) Ore Hill Limestone Member of the Gatesburg Formation in south-central Pennsylvania. Reefs in the Imler Quarry and Drab-Beaverton measured sections yielded low-diversity assemblages of trilobites that we assign to the uppermost Cliffia lataegenae Subzone of the Elvinia Zone. The faunas are dominated by the catillicephalid Buttsia drabensis Wilson, 1951, and include several new taxa that are not known from coeval off-reef facies. Fine-scale correlation between the two sections reveals that the reefs in the Drab-Beavertown section are slightly younger than those at Imler Quarry and represent the youngest Steptoean fauna described from the Appalachian region.
New taxa include Imlerella n. gen. (type species Imlerella praecipita n. sp.), Stittaspis n. gen. (type species Stittaspis loria n. sp.), and Dellea rogersi n. sp. Stigmacephalus? distorta Wilson, 1951, is reassigned to Stittaspis and is restricted to the type. Additional material of Buttsia drabensis illustrates features not discernible in previous treatments of this variable species.
Trilobites from thrombolitic reefs in the Ore Hill Member of the Upper Cambrian Gatesburg Formation are assigned to (in ascending order) the Pseudosaratogia magna, Cliffia lataegenae, and Irvingella major Subzones of the Elvinia Zone. These reef faunas contrast markedly with those from coeval off-reef grainstones (tempestites), representing separate biofacies rather than biostratinomic variants. Associated lithologies suggest that the fauna of the P. magna Subzone at the base of the member comprises a biofacies associated with shallower microbial reef environments than those occupied by faunas in the overlying C. lataegenae Subzone. Reefs in the C. lataegenae Subzone yield a fauna dominated by Buttsia drabensis, extending the documented range of catillicephalid abundance in microbial reef biofacies downward into the highest strata of the Steptoean Stage. This reef fauna also includes several new taxa, including Cheilocephalus quadratus new species (described herein), an atypical species of Cheilocephalus with catillicephalid-like cranidial features. The fauna in off-reef tempestites low in the C. lataegenae Subzone contains the genera that characterize the Xenocheilus–Kindbladia Biofacies, expanding the known environmental and geographic range of that biofacies. Sulcocephalus, typically a minor component of faunas in the I. major Subzone, dominates the fauna in reefs within this subzone such that a distinct Sulcocephalus Biofacies can be recognized immediately above the extinction horizon that defines the base of the Sunwaptan Stage.
Four accelerator mass spectrometry (AMS) facilities undertook an interlaboratory exercise designed to examine the reliability and reproducibility of radiocarbon determinations on bone by dating a sample of elk (Alces alces) from Miesenheim IV. This specimen is derived from a secure geological context directly beneath the Laacher See tephra, which provides a precise terminus ante quern of ∼11,060 yr BP (∼13,050 cal yr BP). Regrettably, the results of the intercomparison exercise were complicated by evident contamination of the bone sample by exogenous organic material. This contaminant, probably humic acid, resulted in a wide span of ages (10,010 ± 30 to 11,100 ± 45 BP). The only method that yielded an accurate determination, consistent with the age of the tephra, was Oxford's single amino acid technique, which targets hydroxyproline. An acid hydrolysis step seems to have been crucial in breaking the bonds between the bone collagen and the contaminant.