Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.

Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. The current version of the “Patent Venue Statute” is codified in 28 U.S.C. § 1400(b), which provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” Over time, the reach of this statute has changed in relation to where a corporation “resides” in the specific context of the statute. These changes have come when courts interpret the relationship between the Patent Venue Statute and amendments to the “General Venue Statute.” In TC Heartland, LLC v. Kraft Goods Grp. Brands, LLC, the Supreme Court yet again changed our understanding of the relationship between the General Venue Statute and the Patent Venue Statute, upending over thirty years of precedent by holding that the narrower Patent Venue Statute jurisprudence, not the General Venue Statute, determines the meaning of the word “resides.” However, the TC Heartland Court provided no guidance on how to apply the second portion of this once-extinct rule of civil procedure. This Note aims to provide some of that missing guidance necessary to determine which precedent remains good law, which case law has been expressly or implicitly overruled, and how the Court of Appeals for the Federal Circuit (Federal Circuit) and federal district courts are likely to rule in novel factual situations moving forward. The determinative issue in the vast majority of patent venue decisions is whether the defendant has a “regular and established place of business” in the federal judicial district where a plaintiff brings suit. Venue is important to litigants because the local rules of each district court can vary drastically, and these rules influence the length of the proceeding, the jury pool, the cost of litigation, and the likelihood of success. In In re Cray, Inc., the Federal Circuit articulated a new legal test for applying the Patent Venue Statute to different factual scenarios to answer whether there is a regular and established place of business in a plaintiff’s desired judicial district. In Cray, a defendant’s sales employee conducted some business activities from his home in the Eastern District of Texas. In holding that there was no regular and established place of business—thereby making venue improper—the Federal Circuit recited three elements necessary to satisfy the regular and established place of business requirement: (1) there must be a “fixed, physical location,” (2) the location must be a “regular and established place of business,” and (3) the location must be “of the defendant.” These requirements overruled the four-factor test Judge Gilstrap articulated in the proceeding below in the Eastern District of Texas. Since the alleged facts did not establish that the defendant had any ownership or possessory interest in the employee’s residence, the physical location in the district did not belong to the defendant, and the third requirement was not met. This Note argues that the Federal Circuit’s interpretation of the Patent Venue Statute is consistent with Congress’s original purpose for enacting it, which was to narrow the scope of venue when compared to general venue requirements. Where Cray conflicts with prior case law, it conflicts only to the extent that there was already a conflict in the precedent with this original purpose. And in most decisions after Cray, district courts have resolved the conflict on the side of a narrower reading that would find venue improper. In other words, federal district court cases applying Cray’s legal test have similarly erred on the side of a narrow reading. Even though there will surely be much more case law on this topic, Cray provides a roadmap for the factual scenarios likely to trigger a venue challenge worth litigating, and thus require a court’s analysis

Increasing trap stiffness with position clamping in holographic optical tweezers

We present a holographic optical tweezers system capable of position clamping multiple particles. Moving an optical trap in response to the trapped object's motion is a powerful technique for optical control and force measurement. We have now realised this experimentally using a Boulder Nonlinear Systems Spatial Light Modulator (SLM) with a refresh rate of 203Hz. We obtain a reduction of 44% in the variance of the bead's position, corresponding to an increase in effective trap stiffness of 77%. This reduction relies on the generation of holograms at high speed. We present software capable of calculating holograms in under 1ms using a graphics processor unit. © 2009 Optical Society of America

Social network analysis of Iranian researchers on medical parasitology: A 41 year co-authorship survey

Background: The aim of this study was to survey the Iranian Parasitology researchers� performance, and analyse and visualize the scientific outputs of their co-authorship network. Methods: This study was conducted using scientometric method and social network analysis (SNA). The data extracted from the Web of Science (WoS) databases in July 10th 2014. Totally, 1048documents of all types in research area of Parasitology during 1972-2013 by Iranian researches retrieved. The coauthorship map was drawn utilizing NETDRAW, Coauthor.exe, and UCINET softwares and was analysed based on SNA measures. Results: The researchers� co-authorship network consisted of 78 authors and its density degree is 0.57. �Mohebali� ranked top in all of centrality measures.The most of the publications were related to 2012, �Mohebali� with about 9 of all documents was the Iranian most prolific author in Parasitology field. The Iranian researches have published mostly (266 documents) in �Iranian Journal of Parasitology�, and the most of the documents belong to �Tropical Medicine� subject field. The most of Iranian researchers� scientific cooperation was performed with England and United States. Conclusion: Bringing forth density degree (is 0.57) showed that this network has an almost medium density. Indeed, the authors have had relations in moderate level with each other in the network. The findings of this study can be identified aspects of scientific collaboration, and help policy makers of Parasitology field research. © 2016, Tehran University of Medical Sciences (TUMS). All rights reserved

Transumbilical versus transvaginal retrieval of surgical specimens at laparoscopy: a randomized trial.

Objective We sought to compare transumbilical (TU) and transvaginal (TV) route for retrieval of surgical specimens at laparoscopy. Study design Women scheduled for a laparoscopic resection of an adnexal mass were randomized to have their surgical specimen removed either through a posterior colpotomy (n = 34) or the umbilical port site (n = 32). Group allocation was concealed from patients and bedside clinicians. The primary outcome was postoperative incisional pain assessed by a 10-cm visual analog scale at 1, 3, and 24 hours after surgery. Results TV retrieval caused less postoperative pain than TU specimen extraction at each time point (visual analog scale score at 1 hour: 2.6 \ub1 2.9 vs 1.2 \ub1 2.0, P = .03; at 3 hours: 2.4 \ub1 2.0 vs 1.4 \ub1 2.0, P = .02; and at 24 hours: 1.1 \ub1 1.5 vs 0.5 \ub1 1.4, P = .02). A higher proportion of women in the TU group than in the TV group indicated the umbilicus as the most painful area at 1 and 3 hours postoperatively. Two months after surgery, the participants scored similarly as to their overall satisfaction, cosmetic outcome, and dyspareunia upon resumption of intercourse. Conclusion A TV approach for specimen removal after laparoscopic resection of adnexal masses offers the advantage of less postoperative pain than TU retrieva

The Risk of Thrombocytopenia During Valproic Acid Therapy : A Critical Summary of Available Clinical Data

Valproate is an effective anti-epileptic and mood stabilizer drug, but its prescription may be complicated by the development of thrombocytopenia. The purpose of the present manuscript is to provide a critical overview about the risk of thrombocytopenia during treatment with valproate. A search of the main database sources has been conducted to identify relevant papers about the topic. In the studies with a larger sample size (> 150 subjects), thrombocytopenia occurred in 12-18% of subjects receiving treatment with valproate. Advanced age, female gender, and high doses were found to be risk factors for the development of thrombocytopenia during treatment with valproate. Future research is needed to clarify the clinical impact of the occurrence of thrombocytopenia during valproate treatment (e.g., the risk of life-threatening events such as stroke or the development of thrombocytopenia during short- versus long-term administration, or oral versus intravenous formulations)

Does the polydimethylsiloxane urethral injection (Macroplastique®) improve sexual function in women, in fertile age, affected by stress urinary incontinence?

Background and Objectives: Stress urinary incontinence (SUI) negatively affects women's quality of life, including sexual function. The aim of the current study was to evaluate the effect of polydimethylsiloxane (Macroplastique(R)) on sexual function in women of fertile age affected by SUI. Materials and Methods: Single-center prospective study. Sexually active women of fertile age with symptoms of pure SUI, which were urodynamically proven, were submitted to intraurethral Macroplastique(R) injection. At 6-months follow-up, their sexual function was evaluated with Female Sexual Function Index (FSFI), while the SUI cure rate was objectively assessed through a negative stress test and subjectively by a Patient Global Impression of Improvement (PGI-I) score < 3. The difference of coital incontinence prevalence was assessed between the baseline and the 6-month follow-up. Peri- and postoperative complications of Macroplastique(R) injection were recorded and classified according to the Clavien-Dindo system. Results: Twenty-one women fulfilled inclusion criteria and were submitted to Macroplastique(R) procedure. The concerning sexual function, desire, satisfaction, and overall FSFI score significantly improved. Since other domains were less impaired at the baseline, we could not assess significant improvement for all of them. We observed a complete regression of coital incontinence (0/21, 0%) in comparison with the baseline (5/21, 23.8%; p = 0.04). The objective SUI cure rate was 76% (16/21), while the subjective SUI cure rate was 80.9% (17/21). One woman developed de novo overactive bladder, and two women developed postoperative voiding dysfunction (self-solved in 24 h). Conclusions: The Macroplastique(R) urethral injection was demonstrated to be safe and effective in improving sexual function in sexually active women of fertile age affected by pure SUI, urodinamically proven at 6-months follow-up

Perinatal major depression biomarkers: a systematic review

Postpartum depression, now termed perinatal depression by the DSM-5, is a clinically relevant disorder reaching 15% of incidence. Although it is quite frequent and associated with high social dysfunction, only recently its underpinning biological pathways have been explored, while multiple and concomitant risk factors have been identified (e.g. psychosocial stress). Peripartum depression usually has its onset during the third trimester of pregnancy or in the postpartum, being one of the most common medical complications in new mothers. Purpose of the present review is to summarize the state of art of biological biomarkers involved in the pathogenesis of perinatal depression, in view of the fact that suboptimal prenatal milieu can induce permanent damage in subsequent offspring life and have a negative impact on mother-child relationship. Furthermore, parents' biological changes due to medical/psychiatric disorders or stress exposure could influence offspring life: a concept known as 'intergenerational transmission', acting by variations into gametes and the gestational uterine environment. Given the evidence that perinatal mental disorders involve risks for the mother and offspring, the search for reliable biomarkers in high-risk mothers actually represents a medical priority to prevent perinatal depression

May selective serotonin reuptake inhibitors (SSRIs) provide some benefit for the treatment of schizophrenia?

INTRODUCTION: The treatment of some psychopathological dimensions of schizophrenia (e.g. negative and depressive symptoms) is still challenging for the modest efficacy of atypical antipsychotics. Among pharmacological alternatives, augmentative Selective Serotonin Reuptake Inhibitors (SSRIs) to antipsychotics are frequently prescribed in clinical practice to improve negative/depressive symptoms of schizophrenia patients; however, the data about the efficacy of these molecules on negative, depressive and obsessive-compulsive symptoms of schizophrenia are contrasting. AREAS COVERED: Research using the main database sources has been conducted to obtain an overview of the use and efficacy of SSRIs in schizophrenia. EXPERT OPINION: Data are too scanty to draw definitive recommendations. In a preliminary way, it can be said that available data do not show effectiveness of SSRIs on depressive symptoms of schizophrenia. Regarding negative symptoms, studies are contrasting, but paroxetine appears to be the most effective compound among SSRIs. Despite limited data, SSRIs appear to be useful for the treatment of obsessive-compulsive symptoms of schizophrenia, particularly fluvoxamine. Close clinical and pharmacological monitoring is needed in case of concomitant administration of antipsychotics and antidepressants for potential serious side effects and influence on plasma drug dosages

Age at Onset and Social Cognitive Impairment in Clinically Stabilized Patients with Schizophrenia : An Ecological Cross-Sectional Study

Objective: Purposes of the present study were to assess the social cognitive impairment in schizophrenia and to detect if some clinical variables (particularly age at onset) are predictive of general/social cognitive deficit in schizophrenia patients. Method: Thirty-five clinically stabilized schizophrenia outpatients were assessed by the Brief Assessment of Cognition in Schizophrenia (BACS) and by Torralva\u2019s social cognition battery. Binary logistic models were performed to find an eventual association between continuous clinical variables and cognitive test failures. The total sample was divided in groups according to dichotomous variables (gender, diagnostic subtypes and type of abuse) and the presence of cognitive deficits was compared between groups by \u3c72 tests. Results: An earlier age at onset was found to be predictive of frontal cognitive impairment (Tower of London p=0.038, OR=0.702). Female gender was more probably associated with mistakes at MET-HV (\u3c72= 4.80, p=0.05, phi=0.40) and HOTEL tests (\u3c72= 5.25, p=0.04, phi=0.4) than male one. Cannabis abusers showed more frequently deficits on verbal fluency (\u3c72= 9.35, p=0.04, phi=0.52) and executive functioning (Tower of London) (\u3c72= 11.67, p=0.02, phi=0.58) than alcohol/cocaine ones. Conclusion: Female patients with an early age at onset and cannabis abuse seem to have the worst general and social cognitive profile among patients suffering from schizophrenia

Cognitive correlates of neuroimaging abnormalities in the onset of schizophrenia : A case report

Increasing evidence shows that cognitive impairment and brain abnormalities can appear early in the first episodes of schizophrenia, but it is currently debated how brain changes can correlate with clinical presentation of schizophrenic patients. Of note, this report describes the case of a young schizophrenic male presenting parietal magnetic resonance/positron emission tomography abnormalities and cognitive impairment, documented by specific neuropsychological tests. In our knowledge only few studies have investigated if neuropsychological abnormalities could be concomitant with both structural and functional neuroimaging. This case shows that impairment in specific cognitive domains is associated with structural/functional brain abnormalities in the corresponding brain areas (frontal and parietal lobes), supporting the hypothesis of disconnectivity, involving a failure to integrate anatomical and functional pathways. Future research would define the role of cognitive impairment and neurodegeneration in psychiatric nosography and, in particular, their role in the early phases of illness and long-term outcome of schizophrenic patients