3,792 research outputs found

    The Doctrine of Equivalents: Rethinking the Balance Between Equity and Predictability

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    The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the prestige and enforceability of patents. However, in recent rulings regarding the doctrine of equivalents, it has returned to a realm of uncertainty which had once characterized the law of patents. In its current application, the doctrine of equivalents as a tool of equity is subject to inconsistent standards and rationales. Such inconsistency undermines the equitable underpinnings of the doctrine,Ā· which themselves have for some time been involved in an ideological tug of war. The task of applying the doctrine of equivalents to determine patent infringement has presented the Federal Circuit with a dilemma by requiring it to ascertain the breadth of a given scientific and technological breakthrough while using a description which is mainly grammatical in form. Unfortunately, the doctrine lacks clear guidelines for implementation from either statutory or common law to overcome this dilemma

    The Doctrine of Equivalents: Rethinking the Balance Between Equity and Predictability

    Get PDF
    The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the prestige and enforceability of patents. However, in recent rulings regarding the doctrine of equivalents, it has returned to a realm of uncertainty which had once characterized the law of patents. In its current application, the doctrine of equivalents as a tool of equity is subject to inconsistent standards and rationales. Such inconsistency undermines the equitable underpinnings of the doctrine,Ā· which themselves have for some time been involved in an ideological tug of war. The task of applying the doctrine of equivalents to determine patent infringement has presented the Federal Circuit with a dilemma by requiring it to ascertain the breadth of a given scientific and technological breakthrough while using a description which is mainly grammatical in form. Unfortunately, the doctrine lacks clear guidelines for implementation from either statutory or common law to overcome this dilemma

    On identifying the role of Sun and the El NiƱo Southern Oscillation on Indian Summer Monsoon Rainfall

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    A solar influence on Indian Summer Monsoon (ISM) rainfall, identified in previous studies using the method of solar peak year compositing, may not be robust and can be influenced by other factors such as the El Nino Southern Oscillation (ENSO) and trends. Regression analysis, which takes into account variations across the whole solar cycle rather than just the minimum /maximum solar years, fails to detect any direct solar influence on the ISM during Juneā€“August. Regression suggests that the spatial pattern of ENSO, as imprinted in the sea level pressure in the Indian Ocean region, covering parts of Australia, has changed during the second half of last century. Thus ENSO impacts via variations in the local Hadley circulation may have played a role in modulating the ISM during that period. Finally, we discuss a possible indirect connection between the solar cycle and monsoon rainfall, which are different since the 1950s

    ENSO teleconnections to the Indian summer monsoon in observations and models

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    The teleconnections of different types of El NiƱo Southern Oscillation (ENSO) to the Indian summer monsoon are investigated in observations and models. We find that, not all regions in India are strongly affected by ENSO, so we focus on two regional teleconnections: (1) a negative rainfall signal around central north east (CNE) India and ā€˜hillyā€™ region during El NiƱo (and vice versa for La NiƱa) and (2) similar signal for parts of southern peninsular region. Using correlations, it is found that >50% of the fifth phase of the Coupled Model Interā€comparison Project models capture these two regional teleconnections, with first captured by >80% of models. Furthermore, using a compositing technique that may better capture asymmetries in response to warm and cold events, the authors find that most models again agree on the sign of regional teleconnection around the CNE and hilly region, suggesting the robustness of ENSO signal in that region. The peninsular teleconnection is less well simulated in models. We find a clear connection between the Walker circulation and Indian summer monsoon rainfall around central India in models

    REPK: an analytical web server to select restriction endonucleases for terminal restriction fragment length polymorphism analysis

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    Terminal restriction fragment length polymorphism (T-RFLP) analysis is a widespread technique for rapidly fingerprinting microbial communities. Users of T-RFLP frequently overlook the resolving power of well-chosen restriction endonucleases and often fail to report how they chose their enzymes. REPK (Restriction Endonuclease Picker) assists in the rational choice of restriction endonucleases for T-RFLP by finding sets of four restriction endonucleases that together uniquely differentiate user-designated sequence groups. With REPK, users can provide their own sequences (of any gene, not just 16S rRNA), specify the taxonomic rank of interest and choose from a number of filtering options to further narrow down the enzyme selection. Bug tracking is provided, and the source code is open and accessible under the GNU Public License v.2, at http://code.google.com/p/repk. The web server is available without access restrictions at http://rocaplab.ocean.washington.edu/tools/repk

    On a possible manifestation of f_1 trajectory in J/psi photoproduction

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    We analyze a possible manifestation of f_1-trajectory in elastic J/psi photoproduction at high energy and large momentum transfer. Inspite of the small contribution of f_1-trajectory in total cross sections, it becomes significant in various spin observables. In particular, we show that the crucial test for f_1-exchange can be made by measuring the single beam- and double parity- and beam-target asymmetries at large momentum transfers, where a strong deviation from the exchange of conventional Pomerons is expected. This effect is caused by the interference of natural (Pomeron) and unnatural (f_1) parity exchange parts of amplitude in the region where their contributions become comparable to each other and might be interesting to observe in forthcoming experiments, if feasible. .Comment: 8 pages, 10 figures. To be published in PL

    Parts of Quantum States

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    It is shown that generic N-party pure quantum states (with equidimensional subsystems) are uniquely determined by their reduced states of just over half the parties; in other words, all the information in almost all N-party pure states is in the set of reduced states of just over half the parties. For N even, the reduced states in fewer than N/2 parties are shown to be an insufficient description of almost all states (similar results hold when N is odd). It is noted that Real Algebraic Geometry is a natural framework for any analysis of parts of quantum states: two simple polynomials, a quadratic and a cubic, contain all of their structure. Algorithmic techniques are described which can provide conditions for sets of reduced states to belong to pure or mixed states.Comment: 10 pages, 1 figur
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