198 research outputs found

    First Amendment Inversions

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    No Forum to Rule Them All: Comity and Conflict in Transnational FRAND Disputes

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    Recent years have seen an explosion in FRAND litigation, in which parties commit to license intellectual property under “fair, reasonable and non-discriminatory” (FRAND) terms, but they cannot agree on the meaning of that commitment. Much of this litigation is multinational and involves coordinating patent, antitrust, and contract claims across several jurisdictions. A number of courts and commentators have aimed to centralize and thereby streamline these disputes, whether by consolidating all litigation in one judicial forum or through the creation of a comprehensive arbitral process. This Article argues that such efforts are misguided—FRAND disputes are particularly unamenable to centralization, and the costs of centralizing FRAND disputes are high. Rather, absent other agreement between the parties, FRAND disputes should be resolved through the ordinary territorial structures of patent law, and attempts to simplify these disputes should focus on procedural and substantive coordination across jurisdictions

    Nondiscrimination in 5G Standards

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    The broad diffusion of 5G technology, and its incorporation into a hefty catalog of devices and machines, will put more pressure on the nondiscrimination prong of the FRAND commitment. The value of 5G technology to simple consumer electronics (such as home routers) will differ starkly from the value of the same technology to cutting edge equipment (such as for remote surgery). Does a nondiscrimination commitment allow patentees to charge differential royalties for 5G technology in such diverse use cases? Both TCL and Unwired Planet examined the requirements of nondiscrimination only as between companies providing similar products. Going forward, however, judicial and regulatory interpretation of the nondiscrimination requirement in the 5G context will require potentially controversial application of the FRAND commitment across different technological applications. In addition, 5G nondiscrimination debates will strain arrangements within standard organizations themselves. Neither TCL nor Unwired Planet provide guidance for these impending disputes

    Molecular systematics of the Middle American genus Hypopachus (Anura: Microhylidae)

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    We present the first phylogenetic study on the widespread Middle American microhylid frog genus Hypopachus. Partial sequences of mitochondrial (12S and 16S ribosomal RNA) and nuclear (rhodopsin) genes (1275 bp total) were analyzed from 43 samples of Hypopachus, three currently recognized species of Gastrophryne, and seven arthroleptid, brevicipitid and microhylid outgroup taxa. Maximum parsimony (PAUP), maximum likelihood (RAxML) and Bayesian inference (MrBayes) optimality criteria were used for phylogenetic analyses, and BEAST was used to estimate divergence dates of major clades. Population-level analyses were conducted with the programs NETWORK and Arlequin. Results confirm the placement of Hypopachus and Gastrophryne as sister taxa, but the latter genus was strongly supported as paraphyletic. The African phrynomerine genus Phrynomantis was recovered as the sister taxon to a monophyletic Chiasmocleis, rendering our well-supported clade of gastrophrynines paraphyletic. Hypopachus barberi was supported as a disjunctly distributed highland species, and we recovered a basal split in lowland populations of Hypopachus variolosus from the Pacific versant of Mexico and elsewhere in the Mesoamerican lowlands. Dating analyses from BEAST estimate speciation within the genus Hypopachusoccurred in the late Miocene/early Pliocene for most clades. Previous studies have not found bioacoustic or morphological differences among these lowland clades, and our molecular data support the continued recognition of two species in the genus Hypopachus

    Repeated Origin and Loss of Adhesive Toepads in Geckos

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    Geckos are well known for their extraordinary clinging abilities and many species easily scale vertical or even inverted surfaces. This ability is enabled by a complex digital adhesive mechanism (adhesive toepads) that employs van der Waals based adhesion, augmented by frictional forces. Numerous morphological traits and behaviors have evolved to facilitate deployment of the adhesive mechanism, maximize adhesive force and enable release from the substrate. The complex digital morphologies that result allow geckos to interact with their environment in a novel fashion quite differently from most other lizards. Details of toepad morphology suggest multiple gains and losses of the adhesive mechanism, but lack of a comprehensive phylogeny has hindered efforts to determine how frequently adhesive toepads have been gained and lost. Here we present a multigene phylogeny of geckos, including 107 of 118 recognized genera, and determine that adhesive toepads have been gained and lost multiple times, and remarkably, with approximately equal frequency. The most likely hypothesis suggests that adhesive toepads evolved 11 times and were lost nine times. The overall external morphology of the toepad is strikingly similar in many lineages in which it is independently derived, but lineage-specific differences are evident, particularly regarding internal anatomy, with unique morphological patterns defining each independent derivation

    Bringing Authoring Tools for Intelligent Tutoring Systems and Serious Games Closer Together: Integrating GIFT with the Unity Game Engine

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    In an effort to bring intelligent tutoring system (ITS) authoring tools closer to content authoring tools, the authors are working to integrate GIFT with the Unity game engine and editor. The paper begins by describing challenges faced by modern intelligent tutors and the motivation behind the integration effort, with special consideration given to how this work will better meet the needs of future serious games. The next three sections expand on these major hurdles more thoroughly, followed by proposed design enhancements that would allow GIFT to overcome these issues. Finally, an overview is given of the authors’ current progress towards implementing the proposed design. The key contribution of this work is an abstraction of the interface between intelligent tutoring systems and serious games, thus enabling ITS authors to implement more complex training behaviors

    Molecular evidence for the taxonomic status of Hemidactylus brookii group taxa (Squamata: Gekkonidae)

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    Hemidactylus brookii has one of the widest distributions and, arguably, one of the most confused taxonomic histories of any gekkonid lizard. Nuclear (RAG1 and PDC) and mitochondrial (ND2, cyt b ) DNA sequence data were employed to examine relationships among a sample of putative H. brookii , including a topotypical specimen from Borneo. Two clades were recovered, one consisting of specimens from Borneo (Sarawak), Myanmar, Peninsular Malaysia and Karnataka, southwestern India, and another of specimens from Sri Lanka, Mauritius and Kerala, southwestern India. Both clades are well supported and deeply divergent from one another, whereas genetic variation within each clade is limited. None of the analytical approaches used recovered a well-supported monophyletic H. brookii sensu lato . Near uniformity of H. brookii sensu stricto in East Asia suggests that this species has spread to this region relatively recently. The name H. parvimaculatus Deraniyagala 1953 is available for the Sri Lankan clade and this form should be treated as a valid species. Existing data cannot be used to distinguish whether this species has colonized Sri Lanka from South India or vice versa. The Palghat Gap provides a candidate barrier to gene flow between H. brookii and H. parvimaculatus . Although the identity of H. brookii complex geckos in East Asia and Sri Lanka appears resolved, the situation in India and Pakistan remains complex and thorough revisionary work, coupled with phylogenetic studies, is needed to determine species boundaries in this regio

    Ultraconserved elements-based phylogenomic systematics of the snake superfamily Elapoidea, with the description of a new Afro-Asian family

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    The highly diverse snake superfamily Elapoidea is considered to be a classic example of ancient, rapid radiation. Such radiations are challenging to fully resolve phylogenetically, with the highly diverse Elapoidea a case in point. Previous attempts at inferring a phylogeny of elapoids produced highly incongruent estimates of their evolutionary relationships, often with very low statistical support. We sought to resolve this situation by sequencing over 4,500 ultraconserved element loci from multiple representatives of every elapoid family/sub-family level taxon and inferring their phylogenetic relationships with multiple methods. Concatenation and multispecies coalescent based species trees yielded largely congruent and well-supported topologies. Hypotheses of a hard polytomy were not retained for any deep branches. Our phylogenies recovered Cyclocoridae and Elapidae as diverging early within Elapoidea. The Afro-Malagasy radiation of elapoid snakes, classified as multiple subfamilies of an inclusive Lamprophiidae by some earlier authors, was found to be monophyletic in all analyses. The genus Micrelaps was consistently recovered as sister to Lamprophiidae. We establish a new family, Micrelapidae fam. nov., for Micrelaps and assign Brachyophis to this family based on cranial osteological syn-apomorphy. We estimate that Elapoidea originated in the early Eocene and rapidly diversified into all the major lineages during this epoch. Ecological opportunities presented by the post-Cretaceous-Paleogene mass extinction event may have promoted the explosive radiation of elapoid snakes.Peer reviewe

    Photography-based taxonomy is inadequate, unnecessary, and potentially harmful for biological sciences

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    The question whether taxonomic descriptions naming new animal species without type specimen(s) deposited in collections should be accepted for publication by scientific journals and allowed by the Code has already been discussed in Zootaxa (Dubois & NemĂ©sio 2007; Donegan 2008, 2009; NemĂ©sio 2009a–b; Dubois 2009; Gentile & Snell 2009; Minelli 2009; Cianferoni & Bartolozzi 2016; Amorim et al. 2016). This question was again raised in a letter supported by 35 signatories published in the journal Nature (Pape et al. 2016) on 15 September 2016. On 25 September 2016, the following rebuttal (strictly limited to 300 words as per the editorial rules of Nature) was submitted to Nature, which on 18 October 2016 refused to publish it. As we think this problem is a very important one for zoological taxonomy, this text is published here exactly as submitted to Nature, followed by the list of the 493 taxonomists and collection-based researchers who signed it in the short time span from 20 September to 6 October 2016
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