The Public Interest Inquiry for Permanent Injunctions or Exclusion Orders: Shedding the Myopic Lens

President Obama\u27s 2013 veto of a US International Trade Commission (ITC) exclusion order, issued to address Apple Inc.\u27s infringement of a patent owned by Samsung, thrust the ITC\u27s public interest inquiry into the spotlight. Historically, however, these factors rarely weighed against a remedy at the ITC. Likewise, US district courts have rarely declined to issue a permanent injunction after finding a patent valid and infringed due solely to the public interest factor--the last of the four factors that the Supreme Court put in place in eBay Inc. v. Merc Exchange, L.L.C. More recent decisions addressing the public interest in both forums, however, show a willingness by the adjudicators to weigh both traditional public interest issues, such as health and well-being, and non-traditional arguments, such as public reliance and environmental concerns, against a patent owner\u27s right to exclude. In this Article, we examine some of the successful traditional and non-traditional public interest arguments, both at the ITC and in US district courts. From this analysis, the Article outlines how parties involved in high-stakes patent litigation in either forum can craft public interest arguments to combat the threat of a permanent injunction or an ITC exclusion order

THE ENZYMATIC CHARACTERISTICS OF PEROXISOMES OF AMPHIBIAN AND AVIAN LIVER AND KIDNEY

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/74941/1/j.1749-6632.1969.tb43113.x.pd

Effects of Stride Rate Manipulation in Shoes with Different Drop Heights

Download PD

Abdominal aortic aneurysm rupture rates: A 7-year follow-up of the entire abdominal aortic aneurysm population detected by screening

AbstractPurpose: The goal of the current study was to identify the risk of rupture in the entire abdominal aortic aneurysm (AAA) population detected through screening and to review strategies for surgical intervention in light of this information. Methods: Two hundred eighteen AAAs were detected through ultrasound screening of a family practice population of 5394 men and women aged 65 to 80 years. Subjects with an AAA of less than 6.0 cm in diameter were followed prospectively with the use of ultrasound, according to our protocol, for 7 years. Patients were offered surgery if symptomatic, if the aneurysm expanded more than 1.0 cm per year, or if aortic diameter reached 6.0 cm. Results: The maximum potential rupture rate (actual rupture rate plus elective surgery rate) for small AAAs (3.0 to 4.4 cm) was 2.1% per year, which is less than most reported operative mortality rates. The equivalent rate for aneurysms of 4.5 to 5.9 cm was 10.2% per year. The actual rupture rate for aneurysms up to 5.9 cm using our criteria for surgery was 0.8% per year Conclusion: In centers with an operative mortality rate of greater than 2%, (1) surgical intervention is not indicated for asymptomatic AAAs of less than 4.5 cm in diameter, and (2) elective surgery should be considered only for patients with aneurysms between 4.5 and 6 cm in diameter that are expanding by more than 1 cm per year or for patients in whom symptoms develop. In centers with elective mortality rates of greater than 10% for abdominal aortic aneurysm (AAA) repair, the benefit to the patient of any surgical intervention for an asymptomatic AAA of less than 6.0 cm in diameter is questionable. (J Vasc Surg 1998;28:124-8.

Network sensitivity to geographical configuration

Gravitational wave astronomy will require the coordinated analysis of data from the global network of gravitational wave observatories. Questions of how to optimally configure the global network arise in this context. We have elsewhere proposed a formalism which is employed here to compare different configurations of the network, using both the coincident network analysis method and the coherent network analysis method. We have constructed a network model to compute a figure-of-merit based on the detection rate for a population of standard-candle binary inspirals. We find that this measure of network quality is very sensitive to the geographic location of component detectors under a coincident network analysis, but comparatively insensitive under a coherent network analysis.Comment: 7 pages, 4 figures, accepted for proceedings of the 4th Edoardo Amaldi conference, incorporated referees' suggestions and corrected diagra

Native Aggregates for Skid Resistance

The objectives of the study were 1) to identify sources of native aggregates with varying histories of skid resistance performance; 2) to evaluate and correlate native aggregate characteristics, processing techniques, and other factors with skid resistance and surface mixture performance; and 3) to provide guidelines for implementation of research findings. Limestone, sandstone, river gravel, and control aggregates (granite, traprock, and slags) were subjected to a battery of tests to determine physical relationships between aggregate type and skid resistance. Laboratory results were analyzed for correlations among themselves and for correlations with skid number data obtained from pavements containing aggregates involved in the study. No significant correlation could be found between any of the laboratory results and field skid numbers. This was particularly disturbing with reference to the KTRP test. It was thought that it could be used to adequately predict field skid performance. However, preliminary findings have shown no such relationship. It is recommended that the KTRP test be amended to provide a more defined weight loss over time to attempt to explain the behavior of an aggregate\u27s skid resistance over time

Recent Trends in Heat-Related Mortality in the United States: An Update Through 2018

Much research has shown a general decrease in the negative health response to extreme heat events in recent decades. With a society that is growing older, and a climate that is warming, whether this trend can continue is an open question. Using eight additional years of mortality data, we extend our previous research to explore trends in heat-related mortality across the United States. For the period 1975–2018, we examined the mortality associated with extreme-heat-event days across the 107 largest metropolitan areas. Mortality response was assessed over a cumulative 10-day lag period following events that were defined using thresholds of the excess heat factor, using a distributed-lag nonlinear model. We analyzed total mortality and subsets of age and sex. Our results show that in the past decade there is heterogeneity in the trends of heat-related human mortality. The decrease in heat vulnerability continues among those 65 and older across most of the country, which may be associated with improved messaging and increased awareness. These decreases are offset in many locations by an increase in mortality among men 45–64 (+1.3 deaths per year), particularly across parts of the southern and southwestern United States. As heat-warning messaging broadly identifies the elderly as the most vulnerable group, the results here suggest that differences in risk perception may play a role. Further, an increase in the number of heat events over the past decade across the United States may have contributed to the end of a decades-long downward trend in the estimated number of heat-related fatalities