Intellectual Property for Market Experimentation

Intellectual property protects investments in the production of information, but the literature on the topic has largely neglected one type of information that intellectual property might protect: information about the market success of goods and services. A first entrant into a market often cannot prevent other firms from free-riding on information about consumer demand and market feasibility. Despite the existence of some first-mover advantages, the incentives to be the first entrant into a market may sometimes be inefficiently low, thereby giving rise to a net first-mover disadvantage and discouraging innovation. Intellectual property may counteract this inefficiency by providing market exclusivity, thus promoting earlier market entry and increasing the level of entrepreneurial activity in the economy. The goal of encouraging market experimentation helps to explain certain puzzling aspects of intellectual property doctrine and provides a coherent basis for appreciating some of the current criticisms of intellectual property rights

The Inducement Standard of Patentability

In Graham v. John Deere, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents only to “those inventions which would not be disclosed or devised but for the inducement of a patent.” This Article argues that this inducement standard, largely ignored in practice, should serve as the doctrinal polestar. Such an approach would provide a solid economic foundation for the patentability standard and would align patent law with the many other fields of regulatory law that currently apply economic analysis in determining the scope and content of regulation. The Article also offers several refinements to the inducement standard and explains how the patent office and courts could implement the inducement standard in an administrable way

The Inducement Standard of Patentability

In Graham v. John Deere, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents only to “those inventions which would not be disclosed or devised but for the inducement of a patent.” This Article argues that this inducement standard, largely ignored in practice, should serve as the doctrinal polestar. Such an approach would provide a solid economic foundation for the patentability standard and would align patent law with the many other fields of regulatory law that currently apply economic analysis in determining the scope and content of regulation. The Article also offers several refinements to the inducement standard and explains how the patent office and courts could implement the inducement standard in an administrable way

Characterization of VAR2CSA-deficient Plasmodium falciparum-infected erythrocytes selected for adhesion to the BeWo placental cell line

Background. Malaria in pregnancy is characterized by accumulation of infected erythrocytes (IE) in the placenta. The key ligand identified as mediating this process is a Plasmodium falciparum erythrocyte membrane protein 1 family member, termed VAR2CSA. VAR2CSA appears to be the main ligand responsible for adhesion to chondroitin sulphate A (CSA). Whether other PfEMP1 molecules can also mediate placental adhesion, independent of CSA binding, is unclear. Methods. The parasite line CS2 carrying a disrupted var2csa gene (CS2KO) was selected for adhesion to the BeWo choriocarcinoma cell line, which has been proposed as a model for placental malaria. The selected and control IE were tested for adhesion to placental sections and flow cytometry was used to measure recognition of IE by three serum sets from malaria-exposed men and women. Results. Wild-type CS2 adhere to BeWo and placental tissue via CSA. CS2KO IE were successfully selected for adhesion to BeWo, and adhered by a CSA-independent mechanism. They bound to immobilized ICAM-1 and CD36. BeWo-selected CS2KO bound at moderate levels to placental sections, but most binding was to placental villi rather than to the syncytiotrophoblast to which IE adherence occurs in vivo. This binding was inhibited by a blocking antibody to CD36 but not to ICAM-1. As expected, sera from malaria-exposed adults recognized CS2 IE in a gender and parity dependent manner. In one serum set, there was a similar but less pronounced pattern of antibody binding to selected CS2KO IE, but this was not seen in two others. One var gene, It4var19, was particularly abundant in the selected line and was detected as full length transcripts in BeWo-selected IE, but not unselected CS2KO. Conclusion. This study suggests that IE with characteristics similar to the CS2KO have a limited role in the pathogenesis of placental malaria. VAR2CSA appear to be the major ligand for placental adhesion, and could be the basis for a vaccine against pregnancy malaria

Towards Direct Simulation of Future Tropical Cyclone Statistics in a High-Resolution Global Atmospheric Model

We present a set of high-resolution global atmospheric general circulation model (AGCM) simulations focusing on the model's ability to represent tropical storms and their statistics. We find that the model produces storms of hurricane strength with realistic dynamical features. We also find that tropical storm statistics are reasonable, both globally and in the north Atlantic, when compared to recent observations. The sensitivity of simulated tropical storm statistics to increases in sea surface temperature (SST) is also investigated, revealing that a credible late 21st century SST increase produced increases in simulated tropical storm numbers and intensities in all ocean basins. While this paper supports previous high-resolution model and theoretical findings that the frequency of very intense storms will increase in a warmer climate, it differs notably from previous medium and high-resolution model studies that show a global reduction in total tropical storm frequency. However, we are quick to point out that this particular model finding remains speculative due to a lack of radiative forcing changes in our time-slice experiments as well as a focus on the Northern hemisphere tropical storm seasons

On the uncertainty of long-period return values of extreme daily precipitation

Methods for calculating return values of extreme precipitation and their uncertainty are compared using daily precipitation rates over the Western U.S. and Southwestern Canada from a large ensemble of climate model simulations. The roles of return-value estimation procedures and sample size in uncertainty are evaluated for various return periods. We compare two different generalized extreme value (GEV) parameter estimation techniques, namely L-moments and maximum likelihood (MLE), as well as empirical techniques. Even for very large datasets, confidence intervals calculated using GEV techniques are narrower than those calculated using empirical methods. Furthermore, the more efficient L-moments parameter estimation techniques result in narrower confidence intervals than MLE parameter estimation techniques at small sample sizes, but similar best estimates. It should be noted that we do not claim that either parameter fitting technique is better calibrated than the other to estimate long period return values. While a non-stationary MLE methodology is readily available to estimate GEV parameters, it is not for the L-moments method. Comparison of uncertainty quantification methods are found to yield significantly different estimates for small sample sizes but converge to similar results as sample size increases. Finally, practical recommendations about the length and size of climate model ensemble simulations and the choice of statistical methods to robustly estimate long period return values of extreme daily precipitation statistics and quantify their uncertainty