Patents-Adjudication of Validity in Infringement Cases Where Alternative Grounds for Dismissal Exist

Petitioner\u27s complaint alleging validity and infringement of his patent was dismissed by the trial court on the ground that petitioner had granted to respondent an implied license or shop right. On appeal, petitioner claimed, among other things, error in the refusal of the trial court to rule on the questions of validity and infringement of the patent. Respondent moved to strike these claims from petitioner\u27s statement of points on appeal. Held, motion denied. Failure of the trial court to pass on the questions of validity and infringement does not preclude the petitioner from arguing these issues on appeal. Kierulff v. Metropolitan Stevedore Co., 300 F.2d 614 (9th Cir. 1962)

Antitrust Law-Exclusive Dealing Arrangements-Employment by Courts of Dual Tests in Applying Section 3 of the Clayton Act

Petitioner nationally markets its product through exclusive dealing contracts with 80,700 independent distributors. In 1958 petitioner\u27s distributors accounted-as to vitamin concentrates-for 61.52 percent of all house-to- house sales 8.6 percent of the total retail sales, and 34.6 percent of the total sales, of similarly-composed products. The FTC examiner\u27s finding that petitioner had violated section 3 of the Clayton Act was sustained by the Commission. On appeal, held, affirmed, one judge dissenting in part. The control of 61.52, 34.6 or 8.6 percent of the market sales by a seller having exclusive dealing contracts with its buyers is sufficient proof that competition has been substantially lessened in the line of commerce affected . Mytinger & Casselberry, Inc. v. FTC, 301 F.2d 534 (D.C. Cir. 1962)

Upwelling regime off the Cabo Frio region in Brazil and impact on acoustic propagation

This work introduces a description of the complex upwelling regime off the Cabo Frio region in Brazil and shows that ocean modeling, based on the feature-oriented regional modeling system (FORMS) technique, can produce reliable predictions of sound speed fields for the corresponding shallow water environment. This work also shows, through the development of simulations, that the upwelling regime can be responsible for the creation of shadow coastal zones, in which the detection probability is too low for an acoustic source to be detected. The development of the FORMS technique and its validation with real data, for the particular region of coastal upwelling off Cabo Frio, reveals the possibility of a sustainable and reliable forecast system for the corresponding (variable in space and time) underwater acoustic environment. (C) 2018 Acoustical Society of AmericaBrazilian Navy; Conselho Nacional de Desenvolvimento Cientifico e Tecnologico (CNPq)/Ciencias Sem Fronteiras [400671/2014-0]; European Union [OAEX-230855]; Fundacao de Amparo a Pesquisa (FAPERJ) [E-26/110.327/2012

Oceanic Ambient Noise as a Background to Acoustic Neutrino Detection

Ambient noise measured in the deep ocean is studied in the context of a search for signals from ultra-high energy cosmic ray neutrinos. The spectral shape of the noise at the relevant high frequencies is found to be very stable for an extensive data set collected over several months from 49 hydrophones mounted near the bottom of the ocean at ~1600 m depth. The slopes of the ambient noise spectra above 15 kHz are found to roll-off faster than the -6 dB/octave seen in Knudsen spectra. A model attributing the source to an uniform distribution of surface noise that includes frequency-dependent absorption at large depth is found to fit the data well up to 25 kHz. This depth dependent model should therefore be used in analysis methods of acoustic neutrino pulse detection that require the expected noise spectra.Comment: Minor changes. Submitted to PRD. 5 pages, 7 figure

Underwater Acoustic Signatures of Recreational Swimmers, Divers, Surfers and Kayakers

© 2016 Australian Acoustical Society. Non-motorised, recreational water activities were recorded underwater in the controlled setting of a public swimming pool during the off-season. Individuals, one at a time, swam freestyle and breaststroke, snorkelled, scuba-dived, kicked a boogie board and a surfboard, kayaked, and simply jumped into the water. Underwater video and still images were recorded at the same time to interpret the sounds recorded. Most of the sound was due to bubbles generated underwater. Activities involving fins (flippers) were the loudest (boogie boarding and snorkelling), followed by freestyle swimming, surfboard paddling, and kayaking. Breaststroke generated the fewest bubbles and was the quietest. All activities produced bubbles, hence noise, at a characteristic temporal pattern. Scuba-diving exhibited two distinct noise spectra related to inhalation and exhalation. Received levels ranged from 110 to 131 dB re 1 µ Pa (10–16,000 Hz) for all of the activities at the closest point of approach (1 m). The results might have applicability to the monitoring of pools for security reasons, to performance assessments of swimmers, and to studies of the distances at which humans may be detectible by marine animals in the sea

Pennsylvania Folklife Vol. 19, No. 1

• The Moravian Settlements of Pennsylvania in 1757: The Nicholas Garrison Views • The San Rocco Festival at Aliquippa, Pennsylvania: A Transplanted Tradition • Amish Genealogy: A Progress Report • Pulpit Humor in Central Pennsylvania • The Pre-Metric Foot and its Use in Pennsylvania German Architecture • Mennonite Contacts Across the Atlantic: The Van der Smissen Letter of 1838 • Bread, Baking, and the Bakeoven: Folk-Cultural Questionnaire No. 13https://digitalcommons.ursinus.edu/pafolklifemag/1037/thumbnail.jp

Development of Acoustic Sensors for the ANTARES Experiment

In order to study the possibility of acoustic detection of ultra-high energy neutrinos in water, our group is planning to deploy and operate an array of acoustic sensors using the ANTARES Neutrino telescope in the Mediterranean Sea. Therefore, acoustic sensor hardware has to be developed which is both capable of operation under the hostile conditions of the deep sea and at the same time provides the high sensitivity necessary to detect the weak pressure signals resulting from the neutrino's interaction in water. In this paper, two different approaches to building such sensors, as well as performance studies in the laboratory and in situ, are presented.Comment: 5 pages, 3 figures. Proceedings of the ARENA 2005 Worksho

Correspondence - New Era or New Error? Technology and the Future of Deterrence

Ryan Snyder and Benoît Pelopidas respond to Keir A. Lieber and Daryl G. Press's spring 2017 article, “The New Era of Counterforce: Technological Change and the Future of Nuclear Deterrence.

A Very Sensitive 21cm Survey for Galactic High-Velocity HI

Very sensitive HI 21cm observations have been made in 860 directions at dec >= -43deg in search of weak, Galactic, high-velocity HI emission lines at moderate and high Galactic latitudes. One-third of the observations were made toward extragalactic objects. The median 4-sigma detection level is NHI = 8x10^{17} cm^-2 over the 21' telescope beam. High-velocity HI emission is detected in 37% of the directions; about half of the lines could not have been seen in previous surveys. The median FWHM of detected lines is 30.3 km/s. High- velocity HI lines are seen down to the sensitivity limit of the survey implying that there are likely lines at still lower values of NHI. The weakest lines have a kinematics and distribution on the sky similar to that of the strong lines, and thus do not appear to be a new population. Most of the emission originates from objects which are extended over several degrees; few appear to be compact sources. At least 75%, and possibly as many as 90%, of the lines are associated with one of the major high-velocity complexes. The Magellanic Stream extends at least 10 deg to higher Galactic latitude than previously thought and is more extended in longitude as well. Although there are many lines with low column density, their numbers do not increase as rapidly as NHI^-1, so most of the HI mass in the high-velocity cloud phenomenon likely resides in the more prominent clouds. The bright HI features may be mere clumps within larger structures, and not independent objects.Comment: 88 pages includes 22 figures Accepted for Publication in ApJ Suppl. June 200