The Remains of Laches in Copyright Infringement Cases: Implications of Petrella v. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015)

Common law equitable doctrines are fundamentally at odds with modern statutes of limitations. While modern copyright courts found new ways to allow laches and the Copyright Act’s three year statute of limitations to coexist, the foundation for doing so was significantly weakened. The Supreme Court in Petrella v. Metro-Goldwyn-Mayer restricted the use of laches as a defense to copyright infringement to only extraordinary circumstances and provided two Circuit Court cases as demonstrating examples of laches for future use. In actuality, however, it appears the Supreme Court and Circuit Courts failed to analyze the facts in depth and ended up rendering a decisions that thwarted the principles underlying laches. Additionally, those Courts seemed to have forgotten about a restriction to laches as a defense: the unclean hands doctrine. This comment assesses where laches currently is in copyright law and proposes a return to equitable principles, complete with a restrictive test to ensure that equitable defenses are truly equitable in future delayed claims for copyright infringement

Registration of ‘Purple Bounty’ and ‘Purple Prosperity’ hairy vetch

The hairy vetch (Vicia villosa Roth) cultivars ‘Purple Bounty’ (Reg. no. CV-12, PI 648342) and ‘Purple Prosperity’ (Reg. no. CV-11, PI 654047) were released in 2007 and 2008, respectively, by the USDA–ARS in collaboration with the Rodale Institute and the agricultural experiment stations of Pennsylvania State University and Cornell University. Hairy vetch is a commonly used annual legume cover crop grown for its cold tolerance, fast growth, large biomass production, and ability to fix N2. However, this species has not been selected for the traits needed to optimize its use as a cover crop. Our breeding program focused on developing a cultivar that was both early flowering and had adequate winter survival and therefore adapted to mechanical termination in organic no-till production in the U.S. Northeast and Mid-Atlantic. Purple Bounty and Purple Prosperity were developed between 1998 and 2005 using recurrent selection at nurseries in Beltsville and Keedysville, MD. In 2005–2006, selections were evaluated against commercial checks for flowering time in Maryland and Pennsylvania, and in the 2006–2007 and 2007–2008 seasons they were evaluated in 10 locations (12 total site-years) across the United States for winter survival. Purple Bounty and Purple Prosperity both flowered earlier than the commercial material against which they were tested (significance depended on the date and site); Purple Bounty was the earlier flowering of the two cultivars. Purple Bounty and Purple Prosperity also had equivalent or improved winter survival compared with ‘AU Early Cover’, an early-maturing cultivar developed in the southern United States, at all test locations. Purple Prosperity is no longer commercially available, but Purple Bounty is currently licensed and distributed by Allied Seed (Nampa, ID)

The effect of spatial frequency on peripheral collinear facilitation

The detection of a Gabor patch (target) can be decreased or improved by the presence of co-oriented Gabor patches (flankers) having the same spatial frequency as the target. These phenomena are thought to be mediated by lateral interactions. Depending on the distance between target and flankers, commonly defined as a multiple of the wavelength (λ) of the carrier, flankers can increase or decrease a target's detectability. Studies with foveal presentation showed that for target-to-flankers distances 3λ contrast thresholds decrease. Earlier studies on collinear facilitation at the near-periphery of the visual field (4° of eccentricity) showed inconsistent facilitation (Shani & Sagi, 2005, Vision Research, 45, 2009-2024) whereas more recent studies showed consistent facilitation for larger separations (7-8λ) (Maniglia et al., 2011, PLoS ONE, 6, e25568; Lev & Polat, 2011, Vision Research, 51, 2488-2498). However, all of these studies used medium-to-high spatial frequencies (3-8cpd). In this study we tested lower spatial frequencies (1, 2, and 3cpd) with different target-to-flankers distances. The rationale was that near-peripheral vision is tuned for lower spatial frequencies and this could be reflected in collinear facilitation. Results show consistent collinear facilitation at 8λ for all the spatial frequencies tested, but also show collinear facilitation at shorter target-to-flanker distance (6λ) for the lowest spatial frequencies tested (1cpd). Additionally, collinear facilitation decreases as spatial frequency increases; opposite to the findings of Polat (2009, Spatial Vision, 22, 179-193) in the fovea, indicating a different spatial frequency tuning between foveal and peripheral lateral interactions

2022 Update of the Consensus on the Rational Use of Antithrombotics and Thrombolytics in Veterinary Critical Care (CURATIVE) Domain 6: Defining rational use of thrombolytics

Objectives: To systematically review available evidence and establish guidelines related to the use of thrombolytics for the management of small animals with suspected or confirmed thrombosis. Design: PICO (Population, Intervention, Control, and Outcome) questions were formulated, and worksheets completed as part of a standardized and systematic literature evaluation. The population of interest included dogs and cats (considered separately) and arterial and venous thrombosis. The interventions assessed were the use of thrombolytics, compared to no thrombolytics, with or without anticoagulants or antiplatelet agents. Specific protocols for recombinant tissue plasminogen activator were also evaluated. Outcomes assessed included efficacy and safety. Relevant articles were categorized according to level of evidence, quality, and as to whether they supported, were neutral to, or opposed the PICO questions. Conclusions from the PICO worksheets were used to draft guidelines, which were subsequently refined via Delphi surveys undertaken by the Consensus on the Rational Use of Antithrombotics and Thrombolytics in Veterinary Critical Care (CURATIVE) working group. Results: Fourteen PICO questions were developed, generating 14 guidelines. The majority of the literature addressing the PICO questions in dogs is experimental studies (level of evidence 3), thus providing insufficient evidence to determine if thrombolysis improves patient-centered outcomes. In cats, literature was more limited and often neutral to the PICO questions, precluding strong evidence-based recommendations for thrombolytic use. Rather, for both species, suggestions are made regarding considerations for when thrombolytic drugs may be considered, the combination of thrombolytics with anticoagulant or antiplatelet drugs, and the choice of thrombolytic agent. Conclusions: Substantial additional research is needed to address the role of thrombolytics for the treatment of arterial and venous thrombosis in dogs and cats. Clinical trials with patient-centered outcomes will be most valuable for addressing knowledge gaps in the field

Chromatic Illumination Discrimination Ability Reveals that Human Colour Constancy Is Optimised for Blue Daylight Illuminations

The phenomenon of colour constancy in human visual perception keeps surface colours constant, despite changes in their reflected light due to changing illumination. Although colour constancy has evolved under a constrained subset of illuminations, it is unknown whether its underlying mechanisms, thought to involve multiple components from retina to cortex, are optimised for particular environmental variations. Here we demonstrate a new method for investigating colour constancy using illumination matching in real scenes which, unlike previous methods using surface matching and simulated scenes, allows testing of multiple, real illuminations. We use real scenes consisting of solid familiar or unfamiliar objects against uniform or variegated backgrounds and compare discrimination performance for typical illuminations from the daylight chromaticity locus (approximately blue-yellow) and atypical spectra from an orthogonal locus (approximately red-green, at correlated colour temperature 6700 K), all produced in real time by a 10-channel LED illuminator. We find that discrimination of illumination changes is poorer along the daylight locus than the atypical locus, and is poorest particularly for bluer illumination changes, demonstrating conversely that surface colour constancy is best for blue daylight illuminations. Illumination discrimination is also enhanced, and therefore colour constancy diminished, for uniform backgrounds, irrespective of the object type. These results are not explained by statistical properties of the scene signal changes at the retinal level. We conclude that high-level mechanisms of colour constancy are biased for the blue daylight illuminations and variegated backgrounds to which the human visual system has typically been exposed

Presence and Persistence of Ebola or Marburg Virus in Patients and Survivors: A Rapid Systematic Review

Background: The 2013-15 Ebola outbreak was unprecedented due to sustainedtransmission within urban environments and thousands of survivors. In 2014 the World Health Organization stated that there was insufficient evidence to give definitive guidance about which body fluids are infectious and when they pose a risk to humans. We report a rapid systematic review of published evidence on the presence of filoviruses in body fluids of infected people and survivors. Methods: Scientific articles were screened for information about filovirus in human body fluids. The aim was to find primary data that suggested high likelihood of actively infectious filovirus in human body fluids (viral RNA). Eligible infections were from Marburg virus (MARV or RAVV) and Zaire, Sudan, Taï Forest and Bundibugyo species of Ebola. [1] Cause of infection had to be laboratory confirmed (in practice either tissue culture or RT-PCR tests), or evidenced by compatible clinical history with subsequent positivity for filovirus antibodies or inflammatory factors. Data were extracted and summarized narratively. Results: 6831 unique articles were found, and after screening, 33 studies were eligible. For most body fluid types there were insufficient patients to draw strong conclusions, and prevalence of positivity was highly variable. Body fluids taken >16 days after onset were usually negative. In the six studies that used both assay methods RT-PCR tests for filovirus RNA gave positive results about 4 times more often than tissue culture. Conclusions: Filovirus was reported in most types of body fluid, but not in every sample from every otherwise confirmed patient. Apart from semen, most non-blood, RT-PCR positive samples are likely to be culture negative and so possibly of low infectious risk. Nevertheless, it is not apparent how relatively infectious many body fluids are during or after illness, even when culture-positive, not least because most test results come from more severe cases. Contact with blood and blood-stained body fluids remains the major risk for disease transmission because of the known high viral loads in blood

Monitoring stream stage, channel profile, and aqueous conductivity with time domain reflectometry (TDR).

Time domain reflectometry (TDR) operates by propagating a radar frequency electromagnetic pulse down a transmission line while monitoring the reflected signal. As the electromagnetic pulse propagates along the transmission line, it is subject to impedance by the dielectric properties of the media along the transmission line (e.g., air, water, sediment), reflection at dielectric discontinuities (e.g., air-water or water-sediment interface), and attenuation by electrically conductive materials (e.g., salts, clays). Taken together, these characteristics provide a basis for integrated stream monitoring; specifically, concurrent measurement of stream stage, channel profile and aqueous conductivity. Here, we make novel application of TDR within the context of stream monitoring. Efforts toward this goal followed three critical phases. First, a means of extracting the desired stream parameters from measured TDR traces was required. Analysis was complicated by the fact that interface location and aqueous conductivity vary concurrently and multiple interfaces may be present at any time. For this reason a physically based multisection model employing the S11 scatter function and Cole-Cole parameters for dielectric dispersion and loss was developed to analyze acquired TDR traces. Second, we explored the capability of this multisection modeling approach for interpreting TDR data acquired from complex environments, such as encountered in stream monitoring. A series of laboratory tank experiments were performed in which the depth of water, depth of sediment, and conductivity were varied systematically. Comparisons between modeled and independently measured data indicate that TDR measurements can be made with an accuracy of {+-}3.4x10{sup -3} m for sensing the location of an air/water or water/sediment interface and {+-}7.4% of actual for the aqueous conductivity. Third, monitoring stations were sited on the Rio Grande and Paria rivers to evaluate performance of the TDR system under normal field conditions. At the Rio Grande site (near Central Bridge in Albuquerque, New Mexico) continuous monitoring of stream stage and aqueous conductivity was performed for 6 months. Additionally, channel profile measurements were acquired at 7 locations across the river. At the Paria site (near Lee's Ferry, Arizona) stream stage and aqueous conductivity data were collected over a 4-month period. Comparisons drawn between our TDR measurements and USGS gage data indicate that the stream stage is accurate within {+-}0.88 cm, conductivity is accurate within {+-}11% of actual, and channel profile measurements agree within {+-}1.2 cm

The importance of spatial visual scene parameters in predicting optimal cone sensitivities in routinely trichromatic frugivorous old-world primates

Computational models that predict the spectral sensitivities of primate cone photoreceptors have focussed only on the spectral, not spatial, dimensions. On the ecologically valid task of foraging for fruit, such models predict the M-cone (“green”) peak spectral sensitivity 10–20 nm further from the L-cone (“red”) sensitivity peak than it is in nature and assume their separation is limited by other visual constraints, such as the requirement of high-acuity spatial vision for closer M and L peak sensitivities. We explore the possibility that a spatio-chromatic analysis can better predict cone spectral tuning without appealing to other visual constraints. We build a computational model of the primate retina and simulate chromatic gratings of varying spatial frequencies using measured spectra. We then implement the case study of foveal processing in routinely trichromatic primates for the task of discriminating fruit and leaf spectra. We perform an exhaustive search for the configurations of M and L cone spectral sensitivities that optimally distinguish the colour patterns within these spectral images. Under such conditions, the model suggests that: (1) a long-wavelength limit is required to constrain the L cone spectral sensitivity to its natural position; (2) the optimal M cone peak spectral sensitivity occurs at ~525 nm, close to the observed position in nature (~535 nm); (3) spatial frequency has a small effect upon the spectral tuning of the cones; (4) a selective pressure toward less correlated M and L spectral sensitivities is provided by the need to reduce noise caused by the luminance variation that occurs in natural scenes