Justice Breyer\u27s Bicycle and the Ignored Elephant of Patent Exhaustion: An Avoidable Collision in Quanta v. LGE, 7 J. Marshall Rev. Intell. Prop. L. 245 (2008)

The Supreme Court held in United States v. Univis Lens Co. that the authorized disposition of an article embodying the essential features of a patent claim exhausts that claim. The Federal Circuit’s LGE v. Bizcom decision, currently under review by the Supreme Court in Quanta v. LGE, improperly held that patent exhaustion could be disclaimed by contract. Patent exhaustion is a limitation on statutory rights which cannot be expanded by contract. Moreover, Quanta v. LGE is governed by the contributory infringement statute. Contributory infringement and exhaustion are opposite ends of the same principle in the Quanta v. LGE factual scenario. The statute provides a right to recovery for a component embodying the essential features of a system or method patent and exhaustion precludes a further recovery for the same invention. Reversal in Quanta v. LGE is compelled on its specific facts, but there is no basis for a broad holding which would govern the disposition of components which do not contributorily infringe or which are separately and distinctively patented and not otherwise licensed

Bostonia. Volume 12

Founded in 1900, Bostonia magazine is Boston University's main alumni publication, which covers alumni and student life, as well as university activities, events, and programs

Ionospheric corrections to precise time transfer using GPS

The free electrons in the earth's ionosphere can retard the time of reception of GPS signals received at a ground station, compared to their time in free space, by many tens of nanoseconds, thus limiting the accuracy of time transfer by GPS. The amount of the ionospheric time delay is proportional to the total number of electrons encountered by the wave on its path from each GPS satellite to a receiver. This integrated number of electrons is called Total Electron Content, or TEC. Dual frequency GPS receivers designed by Allen Osborne Associates, Inc. (AOA) directly measure both the ionospheric differential group delay and the differential carrier phase advance for the two GPS frequencies and derive from this the TEC between the receiver and each GPS satellite in track. The group delay information is mainly used to provide an absolute calibration to the relative differential carrier phase, which is an extremely precise measure of relative TEC. The AOA Mini-Rogue ICS-4Z and the AOA TurboRogue ICS-4000Z receivers normally operate using the GPS P code, when available, and switch to cross-correlation signal processing when the GPS satellites are in the Anti-Spoofing (A-S) mode and the P code is encrypted. An AOA ICS-Z receiver has been operated continuously for over a year at Hanscom AFB, MA to determine the statistics of the variability of the TEC parameter using signals from up to four different directions simultaneously. The 4-channel ICS-4Z and the 8-channel ICS-4000Z, have proven capabilities to make precise, well calibrated, measurements of the ionosphere in several directions simultaneously. In addition to providing ionospheric corrections for precise time transfer via satellite, this dual frequency design allows full code and automatic codeless operation of both the differential group delay and differential carrier phase for numerous ionospheric experiments being conducted. Statistical results of the data collected from the ICS-4Z during the initial year of ionospheric time delay in the northeastern U.S., and initial results with the ICS-4000Z, will be presented

Type I interferon receptor deficiency in dendritic cells facilitates systemic murine norovirus persistence despite enhanced adaptive immunity

In order for a virus to persist, there must be a balance between viral replication and immune clearance. It is commonly believed that adaptive immunity drives clearance of viral infections and, thus, dysfunction or viral evasion of adaptive immunity is required for a virus to persist. Type I interferons (IFNs) play pleiotropic roles in the antiviral response, including through innate control of viral replication. Murine norovirus (MNoV) replicates in dendritic cells (DCs) and type I IFN signaling in DCs is important for early control of MNoV replication. We show here that the non-persistent MNoV strain CW3 persists systemically when CD11c positive DCs are unable to respond to type I IFN. Persistence in this setting is associated with increased early viral titers, maintenance of DC numbers, increased expression of DC activation markers and an increase in CD8 T cell and antibody responses. Furthermore, CD8 T cell function is maintained during the persistent phase of infection and adaptive immune cells from persistently infected mice are functional when transferred to Rag1-/- recipients. Finally, increased early replication and persistence are also observed in mixed bone marrow chimeras where only half of the CD11c positive DCs are unable to respond to type I IFN. These findings demonstrate that increased early viral replication due to a cell-intrinsic innate immune deficiency is sufficient for persistence and a functional adaptive immune response is not sufficient for viral clearance

Development of Ionic Liquid Monopropellants for In-Space Propulsion

A family of new, low toxicity, high energy monopropellants is currently being evaluated at NASA Marshall Space Flight Center for in-space rocket engine applications such as reaction control engines. These ionic liquid monopropellants, developed in recent years by the Air Force Research Laboratory, could offer system simplification, less in-flight thermal management, and reduced handling precautions, while increasing propellant energy density as compared to traditional storable in-space propellants such as hydrazine and nitrogen tetroxide. However, challenges exist in identifying ignition schemes for these ionic liquid monopropellants, which are known to burn at much hotter combustion temperatures compared to traditional monopropellants such as hydrazine. The high temperature combustion of these new monopropellants make the use of typical ignition catalyst beds prohibitive since the catalyst cannot withstand the elevated temperatures. Current research efforts are focused on monopropellant ignition and burn rate characterization, parameters that are important in the fundamental understanding of the monopropellant behavior and the eventual design of a thruster. Laboratory studies will be conducted using alternative ignition techniques such as laser-induced spark ignition and hot wire ignition. Ignition delay, defined as the time between the introduction of the ignition source and the first sign of light emission from a developing flame kernel, will be measured using Schlieren visualization. An optically-accessible liquid monopropellant burner, shown schematically in Figure 1 and similar in design to apparatuses used by other researchers to study solid and liquid monopropellants, will be used to determine propellant burn rate as a function of pressure and initial propellant temperature. The burn rate will be measured via high speed imaging through the chamber s windows

Persistent enteric murine norovirus infection is associated with functionally suboptimal virus-specific CD8 T cell responses

Norovirus (NV) gastroenteritis is a major contributor to global morbidity and mortality, yet little is known about immune mechanisms leading to NV control. Previous studies using the murine norovirus (MNV) model have established a key role for T cells in MNV clearance. Despite these advances, important questions remain regarding the magnitude, location, and dynamics of the MNV-specific T cell response. To address these questions, we identified MNV-specific major histocompatibility complex (MHC) class I immunodominant epitopes using an overlapping peptide screen. One of these epitopes (amino acids 519 to 527 of open reading frame 2 [ORF2(519-527)]) was highly conserved among all NV genogroups. Using MHC class I peptide tetramers, we tracked MNV-specific CD8 T cells in lymphoid and mucosal sites during infection with two MNV strains with distinct biological behaviors, the acutely cleared strain CW3 and the persistent strain CR6. Here, we show that enteric MNV infection elicited robust T cell responses primarily in the intestinal mucosa and that MNV-specific CD8 T cells dynamically regulated the expression of surface molecules associated with activation, differentiation, and homing. Furthermore, compared to MNV-CW3 infection, chronic infection with MNV-CR6 resulted in fewer and less-functional CD8 T cells, and this difference was evident as early as day 8 postinfection. Finally, MNV-specific CD8 T cells were capable of reducing the viral load in persistently infected Rag1(−/−) mice, suggesting that these cells are a crucial component of NV immunity. Collectively, these data provide fundamental new insights into the adaptive immune response to two closely related NV strains with distinct biological behaviors and bring us closer to understanding the correlates of protective antiviral immunity in the intestine

Mass-flowering crops have a greater impact than semi-natural habitat on crop pollinators and pollen deposition

Context: Maximising insect pollination of mass-flowering crops is a widely-discussed approach to sustainable agriculture. Management actions can target landscape-scale semi-natural habitat, cropping patterns or field-scale features, but little is known about their relative effectiveness. Objective: To test how landscape composition (area of mass-flowering crops and semi-natural habitat) and field-scale habitat (margins and hedges) affect pollinator species richness, abundance, and pollen deposition within crop fields. Methods: We surveyed all flower visitors (Diptera, Coleoptera and Hymenoptera) in oilseed rape fields and related them to landscape composition and field features. Flower visitors were classified as bees, non-bee pollinators and brassica specialists. Total pollen deposition by individual taxa was estimated using single visit pollen deposition on stigmas combined with insect abundance. Results: The area of mass-flowering crop had a negative effect on the species richness and abundance of bees in fields, but not other flower visitors. The area of semi-natural habitat in the surrounding landscape had a positive effect on bees, but was not as important as the area of mass-flowering crop. Taxonomic richness and abundance varied significantly between years for non-bee pollinators. Greater cover of mass-flowering crops surrounding fields had a negative effect on pollen deposition, but only when non-bee pollinator numbers were reduced. Conclusions: Management choices that result in landscape homogenisation, such as large areas of mass-flowering crops, may reduce pollination services by reducing the numbers of bees visiting fields. Non-bee insect pollinators may buffer these landscape effects on pollen deposition, and management to support their populations should be considered

Effects of habitat composition and landscape structure on worker foraging distances of five bumblebee species

Bumblebees (Bombus spp.) are important pollinators of both crops and wild flowers. Their contribution to this essential ecosystem service has been threatened over recent decades by changes in land use, which have led to declines in their populations. In order to design effective conservation measures it is important to understand the effects of variation in landscape composition and structure on the foraging activities of worker bumblebees. This is because the viability of individual colonies is likely to be affected by the trade-off between the energetic costs of foraging over greater distances and the potential gains from access to additional resources. We used field surveys, molecular genetics and fine resolution remote sensing to estimate the locations of wild bumblebee nests and to infer foraging distances across a 20 km2 agricultural landscape in southern England. We investigated five species, including the rare B. ruderatus and ecologically similar but widespread B. hortorum. We compared worker foraging distances between species and examined how variation in landscape composition and structure affected foraging distances at the colony level. Mean worker foraging distances differed significantly between species. Bombus terrestris, B. lapidarius and B. ruderatus exhibited significantly greater mean foraging distances (551 m, 536 m, 501 m, respectively) than B. hortorum and B. pascuorum (336 m, 272 m, respectively). There was wide variation in worker foraging distances between colonies of the same species, which was in turn strongly influenced by the amount and spatial configuration of available foraging habitats. Shorter foraging distances were found for colonies where the local landscape had high coverage and low fragmentation of semi-natural vegetation, including managed agri-environmental field margins. The strength of relationships between different landscape variables and foraging distance varied between species, for example the strongest relationship for B. ruderatus being with floral cover of preferred forage plants. Our findings suggest that favourable landscape composition and configuration has the potential to minimise foraging distances across a range of bumblebee species. There is thus potential for improvements in the design and implementation of landscape management options, such as agri-environment schemes, aimed at providing foraging habitat for bumblebees and enhancing crop pollination services