Virtual Designs

Industrial design is migrating to the virtual world, and the design patent system is migrating with it. The U.S. Patent and Trademark Office (USPTO) has already granted several thousand design patents on virtual designs, patents that cover the designs of graphical user interfaces for smartphones, tablets, and other products, as well as the designs of icons or other artifacts of various virtual environments. Many more such design patent applications are pending; in fact, U.S. design patent applications for virtual designs represent one of the fastest growing forms of design subject matter at the USPTO. Our project is the first comprehensive analysis of design patent protection for virtual designs. We first take up the question of virtual designs as design patent-eligible subject matter, a question that has not yet been tested in the courts. We show that longstanding principles of design patent jurisprudence supply an answer to the question, with surprisingly little need for adaptation. We then present the results of an empirical study analyzing all issued U.S. design patents on virtual designs and their prosecution histories. Here we show how utility patent metrics for quality and value can be extended to design patents. Using these metrics, we show that design patents on virtual designs fare at least as well in quality and value as do design patents on other types of designs. In fact, design patents on virtual designs fare better in some respects. And, finally, we conclude by identifying issues that are likely to arise in anticipated future litigation over patents on virtual designs

Functionality in Design Protection Systems

In comparison to functionality doctrine in trade dress cases, scholars have paid relatively little attention to the role of functionality doctrine in design protection systems such as the U.S. design patent system and the EU Community Design regime. Yet functionality considerations potentially affect many validity and scope determinations in the design protection area. In this Article, we critically evaluate judicial application of the functionality doctrine in design protection systems, focusing on the U.S. design patent and EU design protection regimes. We argue that the doctrine as applied in these settings is too often aimless and inconsistent. Some simple doctrinal refinements would help, particularly in the U.S., where the Federal Circuit should definitively adopt the “dictated by” standard and should distinguish explicitly between functionality for invalidity purposes and functionality for scope purposes. Ultimately, a more carefully-considered theoretical justification for the functionality doctrine in design protection systems is needed, one that recognizes that trade dress functionality and design protection functionality serve different goals

Functionality in Design Protection Systems

In comparison to functionality doctrine in trade dress cases, scholars have paid relatively little attention to the role of functionality doctrine in design protection systems such as the U.S. design patent system and the EU Community Design regime. Yet functionality considerations potentially affect many validity and scope determinations in the design protection area. In this Article, we critically evaluate judicial application of the functionality doctrine in design protection systems, focusing on the U.S. design patent and EU design protection regimes. We argue that the doctrine as applied in these settings is too often aimless and inconsistent. Some simple doctrinal refinements would help, particularly in the U.S., where the Federal Circuit should definitively adopt the “dictated by” standard and should distinguish explicitly between functionality for invalidity purposes and functionality for scope purposes. Ultimately, a more carefully-considered theoretical justification for the functionality doctrine in design protection systems is needed, one that recognizes that trade dress functionality and design protection functionality serve different goals

Extended envelopes around Galactic Cepheids III. Y Oph and alpha Per from near-infrared interferometry with CHARA/FLUOR

Unbiased angular diameter measurements are required for accurate distances to Cepheids using the interferometric Baade Wesselink method (IBWM). The precision of this technique is currently limited by interferometric measurements at the 1.5% level. At this level, the center-to-limb darkening (CLD) and the presence of circumstellar envelopes (CSE) seem to be the two main sources of bias. The observations we performed aim at improving our knowledge of the interferometric visibility profile of Cepheids. In particular, we assess the systematic presence of CSE around Cepheids in order determine accurate distances with the IBWM free from CSE biased angular diameters. We observed a Cepheid (Y Oph) for which the pulsation is well resolved and a non-pulsating yellow supergiant (alpha Per) using long-baseline near-infrared interferometry. We interpreted these data using a simple CSE model we previously developed. We found that our observations of alpha Per do not provide evidence for a CSE. The measured CLD is explained by an hydrostatic photospheric model. Our observations of Y Oph, when compared to smaller baseline measurements, suggest that it is surrounded by a CSE with similar characteristics to CSE found previously around other Cepheids. We have determined the distance to Y Oph to be d=491+/-18 pc. Additional evidence points toward the conclusion that most Cepheids are surrounded by faint CSE, detected by near infrared interferometry: after observing four Cepheids, all show evidence for a CSE. Our CSE non-detection around a non-pulsating supergiant in the instability strip, alpha Per, provides confidence in the detection technique and suggests a pulsation driven mass-loss mechanism for the Cepheids.Comment: accepted for publication in Ap

Self-similar turbulent dynamo

The amplification of magnetic fields in a highly conducting fluid is studied numerically. During growth, the magnetic field is spatially intermittent: it does not uniformly fill the volume, but is concentrated in long thin folded structures. Contrary to a commonly held view, intermittency of the folded field does not increase indefinitely throughout the growth stage if diffusion is present. Instead, as we show, the probability-density function (PDF) of the field strength becomes self-similar. The normalized moments increase with magnetic Prandtl number in a powerlike fashion. We argue that the self-similarity is to be expected with a finite flow scale and system size. In the nonlinear saturated state, intermittency is reduced and the PDF is exponential. Parallels are noted with self-similar behavior recently observed for passive-scalar mixing and for map dynamos.Comment: revtex, 4 pages, 5 figures; minor changes to match published versio

Expression capable library for studies of Neisseria gonorrhoeae, version 1.0

Background The sexually transmitted disease, gonorrhea, is a serious health problem in developed as well as in developing countries, for which treatment continues to be a challenge. The recent completion of the genome sequence of the causative agent, Neisseria gonorrhoeae, opens up an entirely new set of approaches for studying this organism and the diseases it causes. Here, we describe the initial phases of the construction of an expression-capable clone set representing the protein-coding ORFs of the gonococcal genome using a recombination-based cloning system. Results The clone set thus far includes 1672 of the 2250 predicted ORFs of the N. gonorrhoeae genome, of which 1393 (83%) are sequence-validated. Included in this set are 48 of the 61 ORFs of the gonococcal genetic island of strain MS11, not present in the sequenced genome of strain FA1090. L-arabinose-inducible glutathione-S-transferase (GST)-fusions were constructed from random clones and each was shown to express a fusion protein of the predicted size following induction, demonstrating the use of the recombination cloning system. PCR amplicons of each ORF used in the cloning reactions were spotted onto glass slides to produce DNA microarrays representing 2035 genes of the gonococcal genome. Pilot experiments indicate that these arrays are suitable for the analysis of global gene expression in gonococci. Conclusion This archived set of Gateway® entry clones will facilitate high-throughput genomic and proteomic studies of gonococcal genes using a variety of expression and analysis systems. In addition, the DNA arrays produced will allow us to generate gene expression profiles of gonococci grown in a wide variety of conditions. Together, the resources produced in this work will facilitate experiments to dissect the molecular mechanisms of gonococcal pathogenesis on a global scale, and ultimately lead to the determination of the functions of unknown genes in the genome