TRIPS, eBay, and Denials of Injunctive Relief: Is Article 31 Compliance Everything?

In eBay, Inc. v. MercExchange, L.L.C., the Supreme Court held that decisions to grant injunctive relief must accord with the traditional principles of equity, thereby invalidating the practice of generally granting permanent injunctions to patentees upon finding infringement. Under eBay, denials of permanent injunctive relief might become more common, as courts instead opt to award an ongoing royalty. Because TRIPS contains provisions—primarily Article 31—that specify the conditions under which compulsory licenses for patents may be granted, an increase in denials of injunctive relief in favor of an ongoing royalty (creating, in essence, a compulsory license) in the U.S. requires review as to whether the U.S. is out of compliance with these provisions. This Note 1) examines the primary provisions relating to compulsory licensing in TRIPS; 2) studies differences of opinion regarding the nature of compulsory licenses and which understanding is appropriate for TRIPS based on a review of the Agreement's text and drafting history, historical practices, and policy; 3) examines eBay and subsequent cases denying permanent injunctive relief; 4) analyzes where eBay and TRIPS may conflict and attempts to resolve the differences; and 5) suggests strategies that U.S. courts might adopt to be TRIPS compliant with respect to compulsory licensing. This Note concludes that the U.S. faces a dilemma irrespective of Article 31's ultimate interpretation: if eBay is TRIPS compliant, developing countries can cite the case as precedent for implementing their own compulsory licensing systems with their own notions of equity and the public interest; if eBay is not TRIPS compliant, the U.S. may be brought before the TRIPS Dispute Settlement Body, the result of which would be a loosening of TRIPS compulsory licensing requirements or a re-tightening of the U.S. patent law injunctive relief. Absent a Dispute Settlement Body panel report interpreting Article 31, the WTO should issue a ministerial declaration to clarify the meaning and scope of Article 31 as it did for public health in the Doha Declaration

Three New Cool Brown Dwarfs Discovered with the Wide-field Infrared Survey Explorer (WISE) and an Improved Spectrum of the Y0 Dwarf WISE J041022.71+150248.4

As part of a larger search of Wide-field Infrared Survey Explorer (WISE) data for cool brown dwarfs with effective temperatures less than 1000 K, we present the discovery of three new cool brown dwarfs with spectral types later than T7. Using low-resolution, near-infrared spectra obtained with the NASA Infrared Telescope Facility and the Hubble Space Telescope we derive spectral types of T9.5 for WISE J094305.98+360723.5, T8 for WISE J200050.19+362950.1, and Y0: for WISE J220905.73+271143.9. The identification of WISE J220905.73+271143.9 as a Y dwarf brings the total number of spectroscopically confirmed Y dwarfs to seventeen. In addition, we present an improved spectrum (i.e. higher signal-to-noise ratio) of the Y0 dwarf WISE J041022.71+150248.4 that confirms the Cushing et al. classification of Y0. Spectrophotometric distance estimates place all three new brown dwarfs at distances less than 12 pc, with WISE J200050.19+362950.1 lying at a distance of only 3.9-8.0 pc. Finally, we note that brown dwarfs like WISE J200050.19+362950.1 that lie in or near the Galactic plane offer an exciting opportunity to measure their mass via astrometric microlensing.Comment: Accepted for publication in the Astronomical Journa

Wolf 1130: A Nearby Triple System Containing a Cool, Ultramassive White Dwarf

Following the discovery of the T8 subdwarf WISEJ200520.38+542433.9 (Wolf 1130C), with common proper motion to a binary (Wolf 1130AB) consisting of an M subdwarf and a white dwarf, we set out to learn more about the old binary in the system. We find that the A and B components of Wolf 1130 are tidally locked, which is revealed by the coherence of more than a year of V band photometry phase folded to the derived orbital period of 0.4967 days. Forty new high-resolution, near-infrared spectra obtained with the Immersion Grating Infrared Spectrometer (IGRINS) provide radial velocities and a projected rotational velocity (v sin i) of 14.7 +/- 0.7 km/s for the M subdwarf. In tandem with a Gaia parallax-derived radius and verified tidal-locking, we calculate an inclination of i=29 +/- 2 degrees. From the single-lined orbital solution and the inclination we derive an absolute mass for the unseen primary (1.24+0.19-0.15 Msun). Its non-detection between 0.2 and 2.5 microns implies that it is an old (>3.7 Gyr) and cool (Teff<7000K) ONe white dwarf. This is the first ultramassive white dwarf within 25pc. The evolution of Wolf 1130AB into a cataclysmic variable is inevitable, making it a potential Type Ia supernova progenitor. The formation of a triple system with a primary mass >100 times the tertiary mass and the survival of the system through the common-envelope phase, where ~80% of the system mass was lost, is remarkable. Our analysis of Wolf 1130 allows us to infer its formation and evolutionary history, which has unique implications for understanding low-mass star and brown dwarf formation around intermediate mass stars.Comment: 37 pages, 9 Figures, 5 Table

Zodiacal Exoplanets In Time (ZEIT) I: A Neptune-sized planet orbiting an M4.5 dwarf in the Hyades Star Cluster

Studying the properties of young planetary systems can shed light on how the dynamics and structure of planets evolve during their most formative years. Recent K2 observations of nearby young clusters (10–800 Myr) have facilitated the discovery of such planetary systems. Here we report the discovery of a Neptune-sized planet transiting an M4.5 dwarf (K2-25) in the Hyades cluster (650–800 Myr). The light curve shows a strong periodic signal at 1.88 days, which we attribute to spot coverage and rotation. We confirm that the planet host is a member of the Hyades by measuring the radial velocity of the system with the high-resolution near-infrared spectrograph Immersion Grating Infrared Spectrometer. This enables us to calculate a distance based on K2-25's kinematics and membership to the Hyades, which in turn provides a stellar radius and mass to ≃ 5%–10%, better than what is currently possible for most Kepler M dwarfs (12%–20%). We use the derived stellar density as a prior on fitting the K2 transit photometry, which provides weak constraints on eccentricity. Utilizing a combination of adaptive optics imaging and high-resolution spectra, we rule out the possibility that the signal is due to a bound or background eclipsing binary, confirming the transits' planetary origin. K2-25b has a radius (3.43}_(-0.31)^(+0.95)R_⊕) much larger than older Kepler planets with similar orbital periods (3.485 days) and host-star masses (0.29 M_⊙). This suggests that close-in planets lose some of their atmospheres past the first few hundred million years. Additional transiting planets around the Hyades, Pleiades, and Praesepe clusters from K2 will help confirm whether this planet is atypical or representative of other close-in planets of similar age

DNA Methylation Maintains Allele-specific KIR Gene Expression in Human Natural Killer Cells

Killer immunoglobulin-like receptors (KIR) bind self–major histocompatibility complex class I molecules, allowing natural killer (NK) cells to recognize aberrant cells that have down-regulated class I. NK cells express variable numbers and combinations of highly homologous clonally restricted KIR genes, but uniformly express KIR2DL4. We show that NK clones express both 2DL4 alleles and either one or both alleles of the clonally restricted KIR 3DL1 and 3DL2 genes. Despite allele-independent expression, 3DL1 alleles differed in the core promoter by only one or two nucleotides. Allele-specific 3DL1 gene expression correlated with promoter and 5′ gene DNA hypomethylation in NK cells in vitro and in vivo. The DNA methylase inhibitor, 5-aza-2′-deoxycytidine, induced KIR DNA hypomethylation and heterogeneous expression of multiple KIR genes. Thus, NK cells use DNA methylation to maintain clonally restricted expression of highly homologous KIR genes and alleles

ZODIACAL EXOPLANETS IN TIME (ZEIT). III. A SHORT-PERIOD PLANET ORBITING A PRE-MAIN-SEQUENCE STAR IN THE UPPER SCORPIUS OB ASSOCIATION

We confirm and characterize a close-in (${P}_{{\rm{orb}}}$ = 5.425 days), super-Neptune sized (${5.04}_{-0.37}^{+0.34}$ ${R}_{\oplus }$) planet transiting K2-33 (2MASS J16101473-1919095), a late-type (M3) pre-main-sequence (11 Myr old) star in the Upper Scorpius subgroup of the Scorpius–Centaurus OB association. The host star has the kinematics of a member of the Upper Scorpius OB association, and its spectrum contains lithium absorption, an unambiguous sign of youth ($\lt 20$ Myr) in late-type dwarfs. We combine photometry from K2 and the ground-based MEarth project to refine the planet's properties and constrain the host star's density. We determine K2-33's bolometric flux and effective temperature from moderate-resolution spectra. By utilizing isochrones that include the effects of magnetic fields, we derive a precise radius (6%–7%) and mass (16%) for the host star, and a stellar age consistent with the established value for Upper Scorpius. Follow-up high-resolution imaging and Doppler spectroscopy confirm that the transiting object is not a stellar companion or a background eclipsing binary blended with the target. The shape of the transit, the constancy of the transit depth and periodicity over 1.5 yr, and the independence with wavelength rule out stellar variability or a dust cloud or debris disk partially occulting the star as the source of the signal; we conclude that it must instead be planetary in origin. The existence of K2-33b suggests that close-in planets can form in situ or migrate within ~10 Myr, e.g., via interactions with a disk, and that long-timescale dynamical migration such as by Lidov–Kozai or planet–planet scattering is not responsible for all short-period planets

HL-1 cells express an inwardly rectifying K+ current activated via muscarinic receptors comparable to that in mouse atrial myocytes

An inwardly rectifying K^+ current is present in atrial cardiac myocytes that is activated by acetylcholine (I_{KACh}). Physiologically, activation of the current in the SA node is important in slowing the heart rate with increased parasympathetic tone. It is a paradigm for the direct regulation of signaling effectors by the Gβγ G-protein subunit. Many questions have been addressed in heterologous expression systems with less focus on the behaviour in native myocytes partly because of the technical difficulties in undertaking comparable studies in native cells. In this study, we characterise a potassium current in the atrial-derived cell line HL-1. Using an electrophysiological approach, we compare the characteristics of the potassium current with those in native atrial cells and in a HEK cell line expressing the cloned Kir3.1/3.4 channel. The potassium current recorded in HL-1 is inwardly rectifying and activated by the muscarinic agonist carbachol. Carbachol-activated currents were inhibited by pertussis toxin and tertiapin-Q. The basal current was time-dependently increased when GTP was substituted in the patch-clamp pipette by the non-hydrolysable analogue GTPγS. We compared the kinetics of current modulation in HL-1 with those of freshly isolated atrial mouse cardiomyocytes. The current activation and deactivation kinetics in HL-1 cells are comparable to those measured in atrial cardiomyocytes. Using immunofluorescence, we found GIRK4 at the membrane in HL-1 cells. Real-time RT-PCR confirms the presence of mRNA for the main G-protein subunits, as well as for M2 muscarinic and A1 adenosine receptors. The data suggest HL-1 cells are a good model to study IKAch

Spitzer Photometry of WISE-Selected Brown Dwarf and Hyper-Luminous Infrared Galaxy Candidates

We present Spitzer 3.6 and 4.5 $\mu$m photometry and positions for a sample of 1510 brown dwarf candidates identified by the WISE all-sky survey. Of these, 166 have been spectroscopically classified as objects with spectral types M(1), L(7), T(146), and Y(12); Sixteen other objects are non-(sub)stellar in nature. The remainder are most likely distant L and T dwarfs lacking spectroscopic verification, other Y dwarf candidates still awaiting follow-up, and assorted other objects whose Spitzer photometry reveals them to be background sources. We present a catalog of Spitzer photometry for all astrophysical sources identified in these fields and use this catalog to identify 7 fainter (4.5 $\mu$m $\sim$ 17.0 mag) brown dwarf candidates, which are possibly wide-field companions to the original WISE sources. To test this hypothesis, we use a sample of 919 Spitzer observations around WISE-selected high-redshift hyper-luminous infrared galaxy (HyLIRG) candidates. For this control sample we find another 6 brown dwarf candidates, suggesting that the 7 companion candidates are not physically associated. In fact, only one of these 7 Spitzer brown dwarf candidates has a photometric distance estimate consistent with being a companion to the WISE brown dwarf candidate. Other than this there is no evidence for any widely separated ($>$ 20 AU) ultra-cool binaries. As an adjunct to this paper, we make available a source catalog of $\sim$ 7.33 $\times 10^5$ objects detected in all of these Spitzer follow-up fields for use by the astronomical community. The complete catalog includes the Spitzer 3.6 and 4.5 $\mu$m photometry, along with positionally matched $B$ and $R$ photometry from USNO-B; $J$, $H$, and $K_s$ photometry from 2MASS; and $W1$, $W2$, $W3$, and $W4$ photometry from the WISE all-sky catalog

Magnetic inflation and Stellar Mass. II. On the radii of wingle, rapidly rotating, fully convective M-dwarf stars

Main-sequence, fully convective M dwarfs in eclipsing binaries are observed to be larger than stellar evolutionary models predict by as much as 10%–15%. A proposed explanation for this discrepancy involves effects from strong magnetic fields, induced by rapid rotation via the dynamo process. Although, a handful of single, slowly rotating M dwarfs with radius measurements from interferometry also appear to be larger than models predict, suggesting that rotation or binarity specifically may not be the sole cause of the discrepancy. We test whether single, rapidly rotating, fully convective stars are also larger than expected by measuring their $R\sin i$ distribution. We combine photometric rotation periods from the literature with rotational broadening ($v\sin i$) measurements reported in this work for a sample of 88 rapidly rotating M dwarf stars. Using a Bayesian framework, we find that stellar evolutionary models underestimate the radii by 10 \% \mbox{--}15{ \% }_{-2.5}^{+3}, but that at higher masses (0.18 < M < 0.4 M Sun), the discrepancy is only about 6% and comparable to results from interferometry and eclipsing binaries. At the lowest masses (0.08 < M < 0.18 M Sun), we find that the discrepancy between observations and theory is 13%–18%, and we argue that the discrepancy is unlikely to be due to effects from age. Furthermore, we find no statistically significant radius discrepancy between our sample and the handful of M dwarfs with interferometric radii. We conclude that neither rotation nor binarity are responsible for the inflated radii of fully convective M dwarfs, and that all fully convective M dwarfs are larger than models predict.The authors would like to thank the referee for the thoughtful report, which greatly improved the manuscript. The authors would also like to thank Lisa Prato and Larissa Nofi for IGRINS training, and Heidi Larson, Jason Sanborn, and Andrew Hayslip for operating the DCT during our observations. We would also like to thank Jen Winters, Jonathan Irwin, Paul Dalba, Mark Veyette, Eunkyu Han, and Andrew Vanderburg for useful discussions and helpful comments on this work. Some of this work was supported by the NASA Exoplanet Research Program (XRP) under grant No. NNX15AG08G issued through the Science Mission Directorate.These results made use of the Lowell Observatory's Discovery Channel Telescope, supported by Discovery Communications, Inc., Boston University, the University of Maryland, the University of Toledo and Northern Arizona University; the Immersion Grating Infrared Spectrograph (IGRINS) that was developed under a collaboration between the University of Texas at Austin and the Korea Astronomy and Space Science Institute (KASI) with the financial support of the US National Science Foundation under grant AST-1229522, of the University of Texas at Austin, and of the Korean GMT Project of KASI; data taken at The McDonald Observatory of The University of Texas at Austin; and data products from the Two Micron All Sky Survey, which is a joint project of the University of Massachusetts and the Infrared Processing and Analysis Center/California Institute of Technology, funded by NASA and the NSF. (NNX15AG08G - NASA Exoplanet Research Program (XRP); Discovery Communications, Inc.; Boston University; University of Maryland; University of Toledo; Northern Arizona University; AST-1229522 - US National Science Foundation; University of Texas at Austin; Korean GMT Project of KASI; NASA; NSF

Middleborns disadvantaged? testing birth-order effects on fitness in pre-industrial finns

Parental investment is a limited resource for which offspring compete in order to increase their own survival and reproductive success. However, parents might be selected to influence the outcome of sibling competition through differential investment. While evidence for this is widespread in egg-laying species, whether or not this may also be the case in viviparous species is more difficult to determine. We use pre-industrial Finns as our model system and an equal investment model as our null hypothesis, which predicts that (all else being equal) middleborns should be disadvantaged through competition. We found no overall evidence to suggest that middleborns in a family are disadvantaged in terms of their survival, age at first reproduction or lifetime reproductive success. However, when considering birth-order only among same-sexed siblings, first-, middle-and lastborn sons significantly differed in the number of offspring they were able to rear to adulthood, although there was no similar effect among females. Middleborn sons appeared to produce significantly less offspring than first-or lastborn sons, but they did not significantly differ from lastborn sons in the number of offspring reared to adulthood. Our results thus show that taking sex differences into account is important when modelling birth-order effects. We found clear evidence of firstborn sons being advantaged over other sons in the family, and over firstborn daughters. Therefore, our results suggest that parents invest differentially in their offspring in order to both preferentially favour particular offspring or reduce offspring inequalities arising from sibling competition