Making Sense of "Apportionment" in Patent Damages

Unreasonably large damages awards in patent litigation have been an important force in motivating the movement for patent reform. "Apportionment" has found support as a solution to problem damages awards. Under apportionment, the portion of the overall value of the product that is "attributable" to the patented technology is identified. Then, reasonable royalty damages are calculated with reference to this apportioned value of the patented technology rather than the overall value of the product. While the problems that have motivated the apportionment movement are real and serious, apportionment makes sense as a solution only under the assumption that an economically invalid approach to calculating damages is being taken in the first place. A more sensible solution is to require litigants to take an economically valid approach to damages. In addition, when there are complementarities between assets, such that the combined use of two or more assets is worth more than their individual use, no unique way exists to apportion the overall value of the product among the assets (including the patented technology at issue), rendering apportionment infeasible in many cases. We consider these and other issues that surround apportionment

Paper Session II-B - Strategies for Conducting Life Science Experiments Beyond Low Earth Orbit

Human exploration beyond low Earth orbit will require terrestrial life to survive and ultimately flourish in environments fundamentally different to those in which it has evolved. The effects of deep space and conditions on the surface of other planets must be studied to understand and reduce the risks to explorers, provide bioregenerative life support, and make full use of the broad research opportunities and scientific benefits offered by such unique environments. Though much is already known about biological adaptations to the space environment, key changes in terrestrial life may only be revealed over complete life cycles and across multiple generations living beyond Earth. The demands and potential risks of exploring and inhabiting other worlds necessitate a detailed understanding of these changes at all levels of biological organization, from genetic alterations to impacts on critical elements of reproduction, development, and aging. Results from experiments conducted beyond low Earth orbit will contribute to the safety of space exploration and address fundamental questions of life\u27s potential beyond its planet of origin. Research campaigns will include a combination of core studies and innovative, Pl-driven investigations. Multiple flight platforms-including free flyers and planetary bases-may support a range of manned and unmanned mission opportunities

Elongase Reactions as Control Points in Long-Chain Polyunsaturated Fatty Acid Synthesis

Extent: 9p.Background: Δ6-Desaturase (Fads2) is widely regarded as rate-limiting in the conversion of dietary α-linolenic acid (18:3n-3; ALA) to the long-chain omega-3 polyunsaturated fatty acid docosahexaenoic acid (22:6n-3; DHA). However, increasing dietary ALA or the direct Fads2 product, stearidonic acid (18:4n-3; SDA), increases tissue levels of eicosapentaenoic acid (20:5n-3; EPA) and docosapentaenoic acid (22:5n-3; DPA), but not DHA. These observations suggest that one or more control points must exist beyond ALA metabolism by Fads2. One possible control point is a second reaction involving Fads2 itself, since this enzyme catalyses desaturation of 24:5n-3 to 24:6n-3, as well as ALA to SDA. However, metabolism of EPA and DPA both require elongation reactions. This study examined the activities of two elongase enzymes as well as the second reaction of Fads2 in order to concentrate on the metabolism of EPA to DHA. Methodology/Principal Findings: The substrate selectivities, competitive substrate interactions and dose response curves of the rat elongases, Elovl2 and Elovl5 were determined after expression of the enzymes in yeast. The competitive substrate interactions for rat Fads2 were also examined. Rat Elovl2 was active with C20 and C22 polyunsaturated fatty acids and this single enzyme catalysed the sequential elongation reactions of EPA→DPA→24:5n-3. The second reaction DPA→24:5n-3 appeared to be saturated at substrate concentrations not saturating for the first reaction EPA→DPA. ALA dose-dependently inhibited Fads2 conversion of 24:5n-3 to 24:6n-3. Conclusions: The competition between ALA and 24:5n-3 for Fads2 may explain the decrease in DHA levels observed after certain intakes of dietary ALA have been exceeded. In addition, the apparent saturation of the second Elovl2 reaction, DPA→24:5n-3, provides further explanations for the accumulation of DPA when ALA, SDA or EPA is provided in the diet. This study suggests that Elovl2 will be critical in understanding if DHA synthesis can be increased by dietary means.Melissa K. Gregory, Robert A. Gibson, Rebecca J. Cook-Johnson, Leslie G. Cleland and Michael J. Jame

Optical Spectroscopy of Supernova 1993J During Its First 2500 Days

We present 42 low-resolution spectra of Supernova (SN) 1993J, our complete collection from the Lick and Keck Observatories, from day 3 after explosion to day 2454, as well as one Keck high-dispersion spectrum from day 383. SN 1993J began as an apparent SN II, albeit an unusual one. After a few weeks, a dramatic transition took place, as prominent helium lines emerged in the spectrum. SN 1993J had metamorphosed from a SN II to a SN IIb. Nebular spectra of SN 1993J closely resemble those of SNe Ib and Ic, but with a persistent H_alpha line. At very late times, the H_alpha emission line dominated the spectrum, but with an unusual, box-like profile. This is interpreted as an indication of circumstellar interaction.Comment: 19 pages plus 13 figures, AASTeX V5.0. One external table in AASTeX V4.0, in landscape format. Accepted for publication in A

Data Recovery Investigations: Murvaul Creek Site (41PN175), Panola County, Texas

This report summarizes the archeological findings of the 2011 data recovery investigations at the Murvaul Creek site, 41PN175, in far northeastern Texas in Panola County. The site is located along Farm-to-Market Road (FM) 10 approximately 1 mile north of Gary, Texas (Figure 1). Geo-Marine, Inc. (GMI), performed this work under contract to the Texas Department of Transportation, Environmental Affairs Division (TxDOT ENV) under the Texas Antiquities Permit Number 5879 (Work Authorization [WA] 579 06 SA005; WA 590 08 SA005; CSJ:1222-01-014; Geo-Marine project numbers 22005.00.06 and 22005.00.09). The fieldwork for this project was conducted in advance of the planned widening of FM 10 that was to replace three bridges and a culvert over Murvaul Creek with a larger structure and shift the road approximately 26 meters (m; 85 feet [ft]) to the east. Since the planned improvements of FM 10 would result in the loss of information at the Murvaul Creek site—a site that was recommended eligible for inclusion in the National Register of Historic Places (NRHP) and for designation as a State Antiquities Landmark (SAL; formerly State Archeological Landmark)—the current data recovery investigations were initiated. The data recovery investigations were conducted between February 7, 2011, and April 3, 2011. During this period, the fieldwork was conducted in several stages: site clearing, geophysical survey, 50-x-50-centimeter (cm) excavations, block excavations, and mechanical site scraping. With the exception of the site clearing stage, the results of each of the fieldwork stages are reviewed individually in this report. The investigations resulted in the documentation of numerous features that appeared to have been the remains of a small Middle-to-Late Caddo settlement or farmstead situated on the edge of an interfluve south of the Murvaul Creek floodplain. Additionally, materials pertaining to the Archaic period were documented across the site. Although the site has been intensively studied within the TxDOT right-of-way (ROW), both the current investigations and previous work were limited to the ROW (cf. Cliff and Perttula 2002). Hence, the site is very likely larger than has been adequately documented

Lipidomics Reveals Early Metabolic Changes in Subjects with Schizophrenia: Effects of Atypical Antipsychotics

There is a critical need for mapping early metabolic changes in schizophrenia to capture failures in regulation of biochemical pathways and networks. This information could provide valuable insights about disease mechanisms, trajectory of disease progression, and diagnostic biomarkers. We used a lipidomics platform to measure individual lipid species in 20 drug-naïve patients with a first episode of schizophrenia (FE group), 20 patients with chronic schizophrenia that had not adhered to prescribed medications (RE group), and 29 race-matched control subjects without schizophrenia. Lipid metabolic profiles were evaluated and compared between study groups and within groups before and after treatment with atypical antipsychotics, risperidone and aripiprazole. Finally, we mapped lipid profiles to n3 and n6 fatty acid synthesis pathways to elucidate which enzymes might be affected by disease and treatment. Compared to controls, the FE group showed significant down-regulation of several n3 polyunsaturated fatty acids (PUFAs), including 20:5n3, 22:5n3, and 22:6n3 within the phosphatidylcholine and phosphatidylethanolamine lipid classes. Differences between FE and controls were only observed in the n3 class PUFAs; no differences where noted in n6 class PUFAs. The RE group was not significantly different from controls, although some compositional differences within PUFAs were noted. Drug treatment was able to correct the aberrant PUFA levels noted in FE patients, but changes in re patients were not corrective. Treatment caused increases in both n3 and n6 class lipids. These results supported the hypothesis that phospholipid n3 fatty acid deficits are present early in the course of schizophrenia and tend not to persist throughout its course. These changes in lipid metabolism could indicate a metabolic vulnerability in patients with schizophrenia that occurs early in development of the disease. © 2013 McEvoy et al

Self-organization of quantum-dot pairs by high-temperature droplet epitaxy

The spontaneously formation of epitaxial GaAs quantum-dot pairs was demonstrated on an AlGaAs surface using Ga droplets as a Ga nano-source. The dot pair formation was attributed to the anisotropy of surface diffusion during high-temperature droplet epitaxy

Persistent anthrax as a major driver of wildlife mortality in a tropical rainforest

Anthrax is a globally important animal disease and zoonosis. Despite this, our current knowledge of anthrax ecology is largely limited to arid ecosystems, where outbreaks are most commonly reported. Here we show that the dynamics of an anthrax-causing agent, Bacillus cereus biovar anthracis, in a tropical rainforest have severe consequences for local wildlife communities. Using data and samples collected over three decades, we show that rainforest anthrax is a persistent and widespread cause of death for a broad range of mammalian hosts. We predict that this pathogen will accelerate the decline and possibly result in the extirpation of local chimpanzee (Pan troglodytes verus) populations. We present the epidemiology of a cryptic pathogen and show that its presence has important implications for conservation

Outcomes in hepatitis C virus–infected recipients of living donor vs. deceased donor liver transplantation

In this retrospective study of hepatitis C virus (HCV)–infected transplant recipients in the 9-center Adult to Adult Living Donor Liver Transplantation Cohort Study, graft and patient survival and the development of advanced fibrosis were compared among 181 living donor liver transplant (LDLT) recipients and 94 deceased donor liver transplant (DDLT) recipients. Overall 3-year graft and patient survival were 68% and 74% in LDLT, and 80% and 82% in DDLT, respectively. Graft survival, but not patient survival, was significantly lower for LDLT compared to DDLT ( P = 0.04 and P = 0.20, respectively). Further analyses demonstrated lower graft and patient survival among the first 20 LDLT cases at each center (LDLT 20; P = 0.002 and P = 0.002, respectively) and DDLT recipients ( P 20 and DDLT were not significantly different ( P = 0.66 and P = 0.74, respectively). Overall, 3-year graft survival for DDLT, LDLT >20, and LDLT 20 were not significantly different. Important predictors of graft loss in HCV-infected patients were limited LDLT experience, pretransplant HCC, and higher MELD at transplantation. Liver Transpl 13:122–129, 2007. © 2006 AASLD.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/55915/1/20995_ftp.pd