Patent Litigation in Japan

This article will explore how patent litigation in Japan has changed and will also compare and contrast aspects of patent litigation in the U.S. and Japan. In Part II, we show recent statistical data on Japanese patent infringement litigation. Parts III and IV briefly review the Japanese judicial system and legal professionals in the area of intellectual property. Part V addresses patent-infringement actions in Japan and the recent amendments of the Code of Civil Procedure and the Patent Law. Next, Parts VI and VII discuss infringement analysis and possible defenses in patent-infringement litigation. Part VIII reviews how to calculate the amount of damages in patent litigation in Japan. Finally, Part IX discusses provisional injunctions in Japan

Principal Led In-Class Positive Behavioral Support Intervention

Results of this one-year study supported the use of an in-class behavioral intervention program that allowed 8th-grade students to reclaim themselves after verbally disruptive behavioral incidences with direct principal led administrator assistance resulting in student return to differentiated individualized instructional classroom activities. Students involved in a second verbally disruptive incident in the classroom were identified for intervention. Academic and behavioral improvement noted for verbally disruptive students with co-occurring below grade level reading test scores (n = 23) and verbally disruptive students with grade level reading scores (n = 12) suggests continued use of this intervention. All participants were in attendance in a large metropolitan, racially and economically diverse, Midwestern school district. Programs that reduce the amount of missed class time due to students’ verbally disruptive behavior merit consideration by educators for implementation.Student disruptive behavior represents one of the greatest barriers to student achievement(Brown, 2007; Dupper & Bosch, 1996; Shanker, 1995). Researchers have documented that as much as one half of classroom instructional time is taken up with non-instructional activities (Cotton, 1991) and discipline problems are responsible for a significant portion of this lost instructional time (Cotton, 1991;Dupper & Bosch, 1996; National Education Goals Report, 1995). Disruptive students are often removed from the class (Hill & Coufal, 2005; Obenchain & Taylor, 2005) and referred to the administrator for further discipline(Blomberg, 2004; Dupper & Bosch, 1996; Kritsonis & Cloud, 2006). Thus begins the unfortunate process of excluding children from classrooms just when they need increased time with a teacher the most (Blomberg, 2004). After many office referrals fail to stop the disruptions, repeated violators are often assigned to in-school suspension programs (Kritsonis & Cloud, 2006; Morrison, Anthony, Storino, & Dillon, 2001). When problems persist, students are suspended from school (Arcia, 2006; Dupper & Bosch, 1996). If repeated uses of these measures do not work, the final phase in this vicious downward cycle is long term out of school suspension or reassignment to an alternative school. Once removed from the classroom, students struggle and most often fail academically thus compounding the problem and increasing risk factors which lead to early school leaving. Furthermore, poor attendance is linked to lower test scores and higher failure rates (Roby, 2004). Predictably, a student is much more likely to drop out of school where there is a history of disruptive behavior resulting in either in or out of school suspension (Suh & Suh, 2007)

Tested In and Placed In: Are Sixth-Grade Boys and Girls Completing Early Challenge Math Coursework before They Are Ready?

The purpose of this study was to evaluate the algebra readiness outcomes of randomly selected sixth grade boys (n = 15) and girls (n = 15) who tested into and completed early challenge math coursework compared to the algebra readiness outcomes of randomly selected same school sixth grade boys (n = 15) and girls (n = 15) who tested below the admission threshold but were placed into and completed early challenge math coursework based on teachers’ recommendations to determine if these students, both tested in and placed in, were enrolled into higher-level math courses before they were ready—a growing concern nationwide. Orleans Hanna Algebra Prognosis Test scores were analyzed using dependent t tests to determine sixth-grade pretest-posttest within group progress and Orleans Hanna Algebra Prognosis Test scores were analyzed using Analysis of Covariance for between group statistical comparison across gender and placement conditions to determine rate of test score improvement. Between group challenge math end of sixth-grade report card grade scores were analyzed using Analysis of Variance, also across gender and placement conditions. Taken all together the study test scores and grade results clearly indicate that boys and girls whether tested into or placed into sixth-grade challenge math coursework based on teacher recommendations were equally prepared and ready for seventh-grade pre-algebra studies following a year of early challenge math. Finally, we assert that placement criteria and procedures will continue to predict student success where there are, in combination, a well-designed rigorous math curriculum, committed, caring, and skilled teachers, and motivated students—making early challenge math coursework placement the only appropriate option for students when these conditions are extant

Predictors of Missed Hepatitis C Intake Appointments and Failure to Establish Hepatitis C Care Among Patients Living With HIV.

BackgroundWe estimated and characterized the proportion of patients living with HIV (PLWH) who missed hepatitis C (HCV) intake appointments and subsequently failed to establish HCV care.MethodsLogistic regression analyses were used to identify factors associated with missed HCV intake appointments and failure to establish HCV care among PLWH referred for HCV treatment between January 2014 and December 2017. In addition to demographics, variables included HIV treatment characteristics, type of insurance, liver health status, active alcohol or illicit drug use, unstable housing, and history of a mental health disorder (MHD).ResultsDuring the study period, 349 new HCV clinic appointments were scheduled for 202 unduplicated patients. Approximately half were nonwhite, and 80% had an undetectable HIV viral load. Drug use (31.7%), heavy alcohol use (32.8%), and MHD (37.8%) were prevalent. Over the 4-year period, 21.9% of PLWH referred for HCV treatment missed their HCV intake appointment. The proportion increased each year, from 17.2% in 2014 to 25.4% in 2017 (P = .021). Sixty-six of the 202 newly referred HCV patients (32.7%) missed their first HCV appointment, and 28 of these (42.4%) failed to establish HCV care. Having a history of MHD, CD4 <200, ongoing drug use, and being nonwhite were independent predictors of missing an intake HCV appointment. The strongest predictor of failure to establish HCV care was having a detectable HIV viral load.ConclusionsThe proportion of PLWH with missed HCV appointments increased over time. HCV elimination among PLWH may require integrated treatment of MHD and substance use

An Alternate to Accumulated Oxygen Deficit (AOD) for Measuring Anaerobic Contribution: ‘AODalt’ is Valid in Normoxia and Hypoxia

Accumulated oxygen deficit (AOD) is the gold standard measure of anaerobic contribution; however, its calculation requires several contentious assumptions and it is time-consuming, requiring participants to perform a number of submaximal exercise bouts to establish exercise efficiency. A new method, AODalt, requires performance of only a single bout of exercise, and is based on the presumption that the fast phase of the post-exercise oxygen uptake (VO2) profile reflects the alactic or phosphocreatine (PCr) contribution and that the exercise-induced increase in blood lactate concentration is quantitatively related to the lactic or glycolytic contribution representing a measure of total anaerobic contribution. PURPOSE: The purpose of this study was to investigate the validity of an alternate measure, AODalt. METHODS: In Study One, six women (mean ± SD age, 23 ± 1 y) and three men (23 ± 0 y) performed three 6-min bouts of heavy intensity cycle ergometer exercise, one in normoxia (FIO2 ~21 %) and two under hypoxic conditions (FIO2 ~15 % and ~12 %). In Study Two, four women (23 ± 1 y) and two men (23 ± 0 y) performed severe intensity tests to exhaustion, one in normoxia (time to exhaustion ~10 min) and two in hypoxia (FIO2 ~15 % and ~10 %; time to exhaustion ~7½ min and ~4 min). Physiological responses were measured during exercise and during 7 min of recovery. RESULTS: In 6 min of heavy exercise, Study One, the alternate and criterion measures of anaerobic contribution (AODalt and AOD, respectively) were correlated both in normoxia and in hypoxia (r ³ 0.82, p \u3c 0.01) although AODalt values were slightly lower (p \u3c 0.01) in normoxia (25 ± 3 mL·kg–1 vs 28 ± 4 mL·kg–1). In exhaustive severe intensity exercise, Study Two, the two measures of anaerobic capacity were correlated (r ³ 0.77, p £ 0.02) and not different (p ³ 0.43) in normoxia and at FIO2 ~15 % (e.g., 51 ± 9 mL·kg–1 vs 49 ± 8 mL·kg–1 in normoxia). However, the AODalt and AOD values were neither correlated (r = 0.27, p = 0.44) nor similar (p \u3c 0.01; 57 ± 8 mL·kg–1 vs 51 ± 7 mL·kg–1) at FIO2 ~10 %. CONCLUSION: These results confirm the validity of AODalt as a measure of anaerobic contribution / anaerobic capacity in severe intensity exercise, demonstrate its validity in heavy intensity exercise, and assert its validity in conditions of hypoxia (FIO2 ³ 12%)

Effect of Resistance Training on VCAM-1 and Cortisol in HIV+ Men with Chemical Dependence

Effect of resistance training on VCAM-1 and Cortisol in HIV+ men with chemical dependence Curtis, John H., Vingren, Jakob L., Hill, David W., The Applied Physiology Laboratory, The University of North Texas, Denton, TX Resistance training can reduce the effects of inflammatory diseases and contribute to skeletal muscle repair and regeneration. Cortisol functions to reduce inflammation in the body however, it can impair the immune system. Elevated levels of Vascular Cell Adhesion Molecule 1 (VCAM-1) are associated with an increased risk of cardiovascular disease. Chemical dependency is also associated with immune impairment. Purpose: The purpose of this study was to look at the impact of resistance training on the level of cortisol and VCAM-1 as an inflammatory response to resistance training. Methods: Sixteen HIV+ men (Age: 41.5 ± 10.9, Height: 180.4 ± 9.1 cm, Weight: 89.2 ± 20.7 kg) enrolled in an in-patient chemical dependence rehabilitation program were recruited and assigned to one of two groups using randomization: supervised resistance training 3 times per week (Exercise) or no exercise training (Control) for six weeks. Before and after the 6-week period, a resting and fasted blood sample was obtained and analyzed for cortisol and VCAM-1 concentrations. Results: Resting levels of VCAM-1 were statistically unchanged in both the Control group (6.05 ± 4.5 vs. 6.13 ± 4.5) and in the Exercise group (7.05 ± 3.4 vs. 7.6 ± 3.6). Levels of Cortisol were also statistically unchanged in both the Control group (26.33 ± 9.3 vs. 26.08 ± 7.9) and the Exercise group (21.84 ± 3.5 vs. 22.37 ±4.8). Conclusion: A six week resistance training program might not be long enough to illicit the benefits of lower Cortisol levels and an increase in VCAM-1 levels in this given population