Insurance Coverage and Induced Infringement: A Threat to Hatch-Waxman’s Skinny Labeling Pathway?

In the fall of 2020, Amarin Corporation—a brand-name drug company— brought an unprecedented claim in federal court. Instead of just suing a generic manufacturer for inducing infringement of its method patent, as is typical in litigation over skinny label generic drugs, Amarin also added a health insurance company as a defendant. In its complaint, Amarin alleged that Health Net induced infringement under 35 U.S.C. § 271(b) of the Patent Act by charging a lower co-pay for the generic, skinny label version of its brand-name drug. Industry commentators agreed that a finding of liability for Health Net would be a blow to the generic industry, as the precedent would dissuade insurers from covering skinny label generics in the future. Amarin’s case withstood a motion to dismiss before the parties settled. Using Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc. as a jumping off point, this Comment is the first piece of legal scholarship to examine whether, and under what circumstances, health insurers can induce infringement of a method patent by providing preferential coverage of a skinny label generic when it is distributed for a patented drug indication. An evaluation of this question requires examining the standard of causation in induced infringement cases, a subject that has received startlingly little judicial or scholarly inquiry. This Comment argues that the Delaware district court’s decision in Amarin was based on an improper theory of causation that assumed insurance companies have a duty to prevent infringement. It then establishes that the proper counterfactual baseline for evaluating inducement claims against insurers reveals that insurance companies are rarely the but-for cause of infringement in the skinny label context. In proposing an application of the loss of chance doctrine to determine liability in future cases, this Comment also identifies and addresses a key legal error from the majority opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.: a misapplication of causation principles in damages calculations for induced infringement. Ultimately, the Comment demonstrates that adopting a loss of chance theory of the injury in future cases would force courts to conduct often-ignored causation analysis and ensure that a finding of inducement corresponds with a proportionate damages award

Manteniendo la precariedad, arruinando a través de la deuda

Precarisation means more than insecure jobs, more than the lack of security given by waged employment. By way of insecurity and danger it embraces the whole of existence, the body, modes of subjectivation. It is threat and coercion, even while it opens up new possibilities of living and working. Precarisation means living with the unforeseeable, with contingency. In this article I analyse how the new precarious living and working conditions and the privatisation of protection against precariousness are conditions of both a prospering financial capitalism and its concomitant debt economy. This economy is based on the expansion of productivity that involves less work, in the traditional sense, than subjectivation. A new subjectivity is needed to assume responsibility, to take on debt, and to internalise the risks both as guilt and as debt: a personality that is doubly indebted and responsible for oneself.La precarización significa más que empleos inseguros, más que la falta de seguridad que proporciona el empleo asalariado. A través de la inseguridad y el peligro, la precarización abarca toda la existencia, el cuerpo, los modos de subjetivación. Es una amenaza y una forma de coerción, aunque también abre nuevas posibilidades de vivir y trabajar. Precarización significa vivir con lo imprevisible, bajo la contingencia. En este artículo analizo cómo las nuevas condiciones de vida y de trabajo precarias y la privatización de la protección contra la precariedad son condiciones, tanto de un próspero capitalismo financiero, como de su concomitante economía de la deuda. Esta economía se basa en la expansión de la productividad, la cual implica más bien procesos de subjetivación que lo que hemos entendido por trabajo en el sentido tradicional. Se necesita una nueva subjetividad para asumir responsabilidades, para endeudarse e internalizar los riesgos como culpa y como deuda: una personalidad doblemente endeudada y responsable de sí misma

Olfactory systems and neural circuits that modulate predator odor fear

When prey animals detect the odor of a predator a constellation of fear-related autonomic, endocrine, and behavioral responses rapidly occur to facilitate survival. How olfactory sensory systems process predator odor and channel that information to specific brain circuits is a fundamental issue that is not clearly understood. However, research in the last 15 years has begun to identify some of the essential features of the sensory detection systems and brain structures that underlie predator odor fear. For instance, the main (MOS) and accessory olfactory systems (AOS) detect predator odors and different types of predator odors are sensed by specific receptors located in either the MOS or AOS. However, complex predator chemosignals may be processed by both the MOS and AOS, which complicate our understanding of the specific neural circuits connected directly and indirectly from the MOS and AOS to activate the physiological and behavioral components of unconditioned and conditioned fear. Studies indicate that brain structures including the dorsal periaqueductal gray (DPAG), paraventricular nucleus (PVN) of the hypothalamus, and the medial amygdala (MeA) appear to be broadly involved in predator odor induced autonomic activity and hypothalamic-pituitary-adrenal (HPA) stress hormone secretion. The MeA also plays a key role in predator odor unconditioned fear behavior and retrieval of contextual fear memory associated with prior predator odor experiences. Other neural structures including the bed nucleus of the stria terminalis and the ventral hippocampus (VHC) appear prominently involved in predator odor fear behavior. The basolateral amygdala (BLA), medial hypothalamic nuclei, and medial prefrontal cortex (mPFC) are also activated by some but not all predator odors. Future research that characterizes how distinct predator odors are uniquely processed in olfactory systems and neural circuits will provide significant insights into the differences of how diverse predator odors activate fear

Ferroelectricity of the nucleic acids and selected nucleotides and polyribonucleotides

Ph.D.A. L. Stanford, Jr

Beyond Almonds and Blond Lawns: Investing in Non-Profit Organizations To Sustain Central Valley Communities Beyond the Drought

California and the San Joaquin Valley are in the midst of the worst drought in state history. Due to record low rainfall and snowpack, in January 2015 Governor Jerry Brown declared a drought State of Emergency and introduced drastic water cuts, including a 25% reduction of water use by all cities. The drought has caused significant disruption and distress in urban and rural water use, agricultural livelihoods, the larger economy, and day-to-day activities of residents across the state.The San Joaquin Valley is particularly hard-hit, with rural and low-income communities especially hurt by the drought, in the context of long-term changes in the agricultural economy, historically low economic development, poor infrastructure, and a frayed social-safety net.In spring 2015, the Fresno Regional Foundation began examining the impacts of the drought on San Joaquin Valley non-profit organizations that have been at the forefront of helping struggling individuals, families, and communities. This project focuses on community-benefit organizations (CBOs) to highlight the often hidden community-level impacts of the drought, since non-profits have not been the focus of previous studies, and because these organizations provide the critical link between philanthropic strategy and lasting social impact.The project gathered information and feedback from nonprofits through an on-line survey of San Joaquin Valley organizations, a series of stakeholder interviews, and four workshops with CBO leaders in Fresno, Merced, Visalia, and Bakersfield. The report ends with conclusions and recommendations for how foundations and other investors can best assist CBOs to improve their impact and better serve vulnerable populations in the Valley

Building Strong Family–School Partnerships: Transitioning from Basic Findings to Possible Practices

In the present article, we describe the translational process undergirding a particular aspect of family science: families working in partnership with schools to achieve mutual goals for children’s optimal functioning. In doing so, we illustrate a translational cycle that began with identifying problems of practice and led to the development of a family–school intervention (i.e., conjoint behavioral consultation) in a way that embraced families as partners in goal-setting and problem-solving. We discuss the evolution of the intervention from development to efficacy trials and practice guidelines. Key decision points borne out of practical relevance, empirical investigations, tests of mechanisms and conditions, and efforts pertaining to implementation and dissemination are illustrated. Finally, we highlight key research needed to advance the translation of the science related to conjoint behavioral consultation into widespread practice

Depressive Symptoms in Mexican-Origin Adolescents: Interrelations Between School and Family Contexts

This study, as guided by cultural-ecological frameworks, examined multiple contextual stressors, including subjective economic hardship, acculturation, discrimination, and negative perceptions of school safety, as simultaneously linked to adolescents’ depressive symptoms, as well as the role of gender, familism values, family cohesion, and school connectedness on these associations. Data come from the Children of Immigrants Longitudinal Study (Portes and Rumbaut 2012) that included second-generation 8th- and 9th-grade children of foreign-born parents from the Mexican-origin subsample (n = 755; 52% male; time 1 M age = 14.20 years). Adolescents were either born in (60%) or immigrated prior to age 5 to the USA. Results of the regression analysis conducted via Mplus indicated that Mexican-origin female adolescents had higher levels of depressive symptoms at age 17. Subjective economic hardship, general discrimination, and negative perceptions of school safety were related to higher levels of depressive symptoms. Family cohesion was related to lower levels of depressive symptoms. Youth gender, familism values, family cohesion, and school connectedness were significant moderators. The present findings point to not only the harmful effects of subjective economic hardship, general discrimination, and negative perceptions of school safety on second-generation Mexican-origin adolescents’ mental health but also the significant protective role of school connectedness and family cohesion in promoting adolescents’ well-being. Implications for school psychology research and practice are discussed

Techniques for Improving the Energy Efficiency of Mobile Apps: A Taxonomy and Systematic Literature Review

Building energy efficient software is an increasingly important task for mobile developers. However, a cumulative body of knowledge of techniques that support this goal does not exist. We conduct a systematic literature review to gather information on existing techniques that allow developers to increase energy efficiency in mobile apps. Based on a synthesis of the 91 included primary studies, we propose a taxonomy of techniques for improving the energy efficiency in mobile apps. The taxonomy includes seven main categories of techniques and serves as a collection of available methods for developers and as a reference guide for software testers when performing energy efficiency testing by the means of benchmark tests

Work and Mexican American Parent-Adolescent Relationships: The Mediating Role of Parent Well-Being

This study of Mexican American two-parent families (N = 246) examined the role of parents’ well-being (i.e., depressive symptoms, role overload) as a potential mechanism through which parent occupational conditions (i.e., self-direction, hazardous conditions, physical activity, work pressure) are linked to parent-adolescent relationship qualities (i.e., warmth, conflict, disclosure). Depressive symptoms mediated the links between maternal and paternal work pressure and parentadolescent warmth, conflict, and disclosure. For mothers, depressive symptoms also mediated the links between self-direction and mother-adolescent warmth, conflict, and disclosure; for fathers, role overload mediated the links between work pressure and hazardous conditions with fatheradolescent warmth