Enforcement Penalties at the ITC

The U.S. International Trade Commission (“ITC” or “Commission”) has grown in importance as a venue for U.S. companies to pursue intellectual property (“IP”) violators and to block the sale or importation of goods from overseas that infringe U.S. IP rights. Once a violation of the Section 337 of the Tariff Act of 1930 is found, an order halting further infringement, including importation, is almost always entered. In theory, potentially sizeable penalties may be imposed on entities that do not comply with the terms of an import restriction. In practice, the terms of an import restriction are almost always honored, but when they are not, maximum enforcement penalties are rarely imposed. In fact, most penalties for non-defaulting respondents are one-third or less of the maximum penalty allowed by the law. Thus, non-compliance tends not to be too harshly punished. Penalty determinations at the ITC are governed by a set of six factors, called “the EPROMs factors,” which arose from the Commission’s 1989 decision in Certain Erasable Programmable Read Only Memories (“EPROMs”). To date, no scholarship has sought to examine how courts have treated these factors collectively or evaluated their relevance individually to the penalties ultimately adopted by the ITC. Without such an investigation, parties considering enforcement actions have been left with little guidance as to the merits of their case. This paper provides a descriptive analysis of the EPROMs factors as well as an economic analysis of the relationship between these six factors and enforcement penalties imposed on ITC respondents. We undertake a qualitative and quantitative review of all ITC cases to date in which penalties have been assessed either by an Administrative Law Judge (“ALJ”) or by the Commission itself. In short, we find that maximum enforcement penalties are rarely imposed. Moreover, proof of the good faith or bad faith of respondent’s compliance with an import restriction (Factor 1) appears to be the most important of the EPROMs factors. Even proving respondent’s bad faith, however, rarely leads to imposition of the maximum penalty

Progressive Transient Photon Beams

In this work, we introduce a novel algorithm for transient rendering in participating media. Our method is consistent, robust and is able to generate animations of time-resolved light transport featuring complex caustic light paths in media. We base our method on the observation that the spatial continuity provides an increased coverage of the temporal domain, and generalize photon beams to transient-state. We extend stead-state photon beam radiance estimates to include the temporal domain. Then, we develop a progressive variant of our approach which provably converges to the correct solution using finite memory by averaging independent realizations of the estimates with progressively reduced kernel bandwidths. We derive the optimal convergence rates accounting for space and time kernels, and demonstrate our method against previous consistent transient rendering methods for participating media

Dysregulated signalling pathways in innate immune cells with cystic fibrosis mutations

Cystic fibrosis (CF) is one of the most common life-limiting recessive genetic disorders in Caucasians, caused by mutations in the cystic fibrosis transmembrane conductance regulator (CFTR). CF is a multi-organ disease that involves the lungs, pancreas, sweat glands, digestive and reproductive systems and several other tissues. This debilitating condition is associated with recurrent lower respiratory tract bacterial and viral infections, as well as inflammatory complications that may eventually lead to pulmonary failure. Immune cells play a crucial role in protecting the organs against opportunistic infections and also in the regulation of tissue homeostasis. Innate immune cells are generally affected by CFTR mutations in patients with CF, leading to dysregulation of several cellular signalling pathways that are in continuous use by these cells to elicit a proper immune response. There is substantial evidence to show that airway epithelial cells, neutrophils, monocytes and macrophages all contribute to the pathogenesis of CF, underlying the importance of the CFTR in innate immune responses. The goal of this review is to put into context the important role of the CFTR in different innate immune cells and how CFTR dysfunction contributes to the pathogenesis of CF, highlighting several signalling pathways that may be dysregulated in cells with CFTR mutations

Levy statistics and anomalous transport in quantum-dot arrays

A novel model of transport is proposed to explain power law current transients and memory phenomena observed in partially ordered arrays of semiconducting nanocrystals. The model describes electron transport by a stationary Levy process of transmission events and thereby requires no time dependence of system properties. The waiting time distribution with a characteristic long tail gives rise to a nonstationary response in the presence of a voltage pulse. We report on noise measurements that agree well with the predicted non-Poissonian fluctuations in current, and discuss possible mechanisms leading to this behavior.Comment: 7 pages, 2 figure

Eigenvalues and Singular Values of Products of Rectangular Gaussian Random Matrices

We derive exact analytic expressions for the distributions of eigenvalues and singular values for the product of an arbitrary number of independent rectangular Gaussian random matrices in the limit of large matrix dimensions. We show that they both have power-law behavior at zero and determine the corresponding powers. We also propose a heuristic form of finite size corrections to these expressions which very well approximates the distributions for matrices of finite dimensions.Comment: 13 pages, 3 figure

A Random Matrix Approach to VARMA Processes

We apply random matrix theory to derive spectral density of large sample covariance matrices generated by multivariate VMA(q), VAR(q) and VARMA(q1,q2) processes. In particular, we consider a limit where the number of random variables N and the number of consecutive time measurements T are large but the ratio N/T is fixed. In this regime the underlying random matrices are asymptotically equivalent to Free Random Variables (FRV). We apply the FRV calculus to calculate the eigenvalue density of the sample covariance for several VARMA-type processes. We explicitly solve the VARMA(1,1) case and demonstrate a perfect agreement between the analytical result and the spectra obtained by Monte Carlo simulations. The proposed method is purely algebraic and can be easily generalized to q1>1 and q2>1.Comment: 16 pages, 6 figures, submitted to New Journal of Physic

Summing free unitary random matrices

I use quaternion free probability calculus - an extension of free probability to non-Hermitian matrices (which is introduced in a succinct but self-contained way) - to derive in the large-size limit the mean densities of the eigenvalues and singular values of sums of independent unitary random matrices, weighted by complex numbers. In the case of CUE summands, I write them in terms of two "master equations," which I then solve and numerically test in four specific cases. I conjecture a finite-size extension of these results, exploiting the complementary error function. I prove a central limit theorem, and its first sub-leading correction, for independent identically-distributed zero-drift unitary random matrices.Comment: 17 pages, 15 figure

Quantum toboggans: models exhibiting a multisheeted PT symmetry

A generalization of the concept of PT-symmetric Hamiltonians H=p^2+V(x) is described. It uses analytic potentials V(x) (with singularities) and a generalized concept of PT-symmetric asymptotic boundary conditions. Nontrivial toboggans are defined as integrated along topologically nontrivial paths of coordinates running over several Riemann sheets of wave functions.Comment: 16 pp, 5 figs. Written version of the talk given during 5th International Symposium on Quantum Theory and Symmetries, University of Valladolid, Spain, July 22 - 28 2007, webpage http://tristan.fam.uva.es/~qts

Electronic transport in films of colloidal CdSe nanocrystals

We present results for electronic transport measurements on large three-dimensional arrays of CdSe nanocrystals. In response to a step in the applied voltage, we observe a power-law decay of the current over five orders of magnitude in time. Furthermore, we observe no steady-state dark current for fields up to 10^6 V/cm and times as long as 2x10^4 seconds. Although the power-law form of the decay is quite general, there are quantitative variations with temperature, applied field, sample history, and the material parameters of the array. Despite evidence that the charge injected into the film during the measurement causes the decay of current, we find field-scaling of the current at all times. The observation of extremely long-lived current transients suggests the importance of long-range Coulomb interactions between charges on different nanocrystals.Comment: 11 pages, 10 figure