“Traditional Principles of Equity?” How Seventh Circuit False Advertising Precedent Minimizes the Burden on Plaintiffs Who Move for Preliminary Injunctions

Companies advertise to gain a competitive edge, but sometimes these advertisements can be deceiving and harm consumers. Under the Lanham Act, plaintiffs can move for preliminary injunctions to stop or modify advertisements before a full trial on the merits of their false or deceptive advertising claims. Seventh Circuit Lanham Act precedent minimizes the burden on plaintiffs who move for preliminary injunctions. If the Seventh Circuit reversed this precedent, the burden on plaintiffs at this stage of the litigation would align both with equitable and economic principles. The Seventh Circuit recently upheld a preliminary injunction in Eli Lilly & Co. v. Arla Foods Inc., a false advertising case. However, the court relied on outdated precedent, potentially preventing itself from reaching an economically-sound decision. Together, Professor John Leubsdorf and Judge Richard Posner pioneered an economic approach to preliminary injunctive relief. Their approach guides district courts through a more reasoned economic analysis of the traditional preliminary injunction factors. In light of this economic view, Seventh Circuit false advertising precedent prevents courts from considering the economic impact of their decisions prior to a trial on the merits. First, the Seventh Circuit presumes irreparable harm in Lanham Act cases. Typically, the plaintiff has the burden of showing irreparable harm, and the Seventh Circuit’s presumption of irreparable harm eases the plaintiff’s burden on a motion for a preliminary injunction. Second, while the Seventh Circuit requires proof of actual consumer confusion or deception at trial, this evidence is not required at the preliminary injunction stage. This Comment will argue that in order to accurately understand the economic impact of a preliminary injunction on both the plaintiff and defendant, the Seventh Circuit should eliminate the presumption of irreparable harm and require proof of actual consumer confusion or deception at the preliminary injunction stage

LUX -- A Laser-Plasma Driven Undulator Beamline

The LUX beamline is a novel type of laser-plasma accelerator. Building on the joint expertise of the University of Hamburg and DESY the beamline was carefully designed to combine state-of-the-art expertise in laser-plasma acceleration with the latest advances in accelerator technology and beam diagnostics. LUX introduces a paradigm change moving from single-shot demonstration experiments towards available, stable and controllable accelerator operation. Here, we discuss the general design concepts of LUX and present first critical milestones that have recently been achieved, including the generation of electron beams at the repetition rate of up to 5 Hz with energies above 600 MeV and the generation of spontaneous undulator radiation at a wavelength well below 9 nm.Comment: submitte

Development of a selftriggered high counting rate ASIC for readout of 2D gas microstrip neutron detectors

In the frame of the DETNI project a 32-channel ASIC suitable for readout of a novel 2D thermal neutron detector based on a hybrid low-pressure Micro-Strip Gas Chamber with solid 157Gd converter has been developed. Each channel delivers position information, a fast time stamp of 2 ns resolution and the signal amplitude (called energy below). The time stamp is used for correlating the signals from X and Y strips while the amplitude is used for finding the center of gravity of a cluster of strips. The timing and energy information are stored in derandomizing buffers and read out via token ring architecture

n-XYTER: A CMOS read-out ASIC for a new generation of high rate multichannel counting mode neutron detectors

For a new generation of 2-D neutron detectors developed in the framework of the EU NMI3 project DETNI [1], the 128-channel frontend chip n-XYTER has been designed. To facilitate the reconstruction of single neutron incidence points, the chip has to provide a spatial coordinate (represented by the channel number), as well as time stamp and amplitude information to match the data of x- and y-coordinates. While the random nature of the input signals calls for self-triggered operation of the chip, on-chip derandomisation and sparsi cation is required to exploit the enormous rate capability of these detectors ( 4 106cm2s1). The chosen architecture implements a preampli er driving two shapers with di erent time constants per channel. The faster shaper drives a single-pulse discriminator with subsequent time-walk compensation. The output of this circuit is used to latch a 14-bit time stamp with a 2 ns resolution and to enable a peak detector circuit fed by the slower shaper branch. The analogue output of the peak detector as well as the time stamp are stored in a 4-stage FIFO for derandomisation. The readout of these FIFOs is accomplished by a token-ring based multiplexer working at 32 MHz, which accounts for further derandomisation, sparsi cation and dynamic bandwidth distribution. The chip was submitted for manufacturing in AMS's C35B4M3 0.35µm CMOS technology in June 2006

Quantum oscillator as 1D anyon

It is shown that in one spatial dimension the quantum oscillator is dual to the charged particle situated in the field described by the superposition of Coulomb and Calogero-Sutherland potentials.Comment: 9 pages, LaTe

Testing the Master Constraint Programme for Loop Quantum Gravity III. SL(2,R) Models

This is the third paper in our series of five in which we test the Master Constraint Programme for solving the Hamiltonian constraint in Loop Quantum Gravity. In this work we analyze models which, despite the fact that the phase space is finite dimensional, are much more complicated than in the second paper: These are systems with an SL(2,\Rl) gauge symmetry and the complications arise because non -- compact semisimple Lie groups are not amenable (have no finite translation invariant measure). This leads to severe obstacles in the refined algebraic quantization programme (group averaging) and we see a trace of that in the fact that the spectrum of the Master Constraint does not contain the point zero. However, the minimum of the spectrum is of order $\hbar^2$ which can be interpreted as a normal ordering constant arising from first class constraints (while second class systems lead to $\hbar$ normal ordering constants). The physical Hilbert space can then be be obtained after subtracting this normal ordering correction.Comment: 33 pages, no figure

Developing a 50 MeV LPA-based Injector at ATHENA for a Compact Storage Ring

The laser-driven generation of relativistic electron beams in plasma and their acceleration to high energies with GV/m-gradients has been successfully demonstrated. Now, it is time to focus on the application of laser-plasma accelerated (LPA) beams. The "Accelerator Technology HElmholtz iNfrAstructure" (ATHENA) of the Helmholtz Association fosters innovative particle accelerators and high-power laser technology. As part of the ATHENAe pillar several different applications driven by LPAs are to be developed, such as a compact FEL, medical imaging and the first realization of LPA-beam injection into a storage ring. The latter endeavour is conducted in close collaboration between Deutsches Elektronen-Synchrotron (DESY), Karlsruhe Institute of Technology (KIT) and Helmholtz Institute Jena (HIJ). In the cSTART project at KIT, a compact storage ring optimized for short bunches and suitable to accept LPA-based electron bunches is in preparation. In this conference contribution we will introduce the 50 MeV LPA-based injector and give an overview about the project goals. The key parameters of the plasma injector will be presented. Finally, the current status of the project will be summarized

Status Report of the 50 MeV LPA-Based Injector at ATHENA for a Compact Storage Ring

Laser-based plasma accelerators (LPA) have successfully demonstrated their capability to generate high-energy electron beams with intrinsically short bunch lengths and high peak currents at a setup with a small footprint. These properties make them attractive drivers for a broad range of different applications including injectors for rf-driven, ring-based light sources. In close collaboration the Deutsches Elektronen-Synchrotron (DESY), the Karlsruhe Institute of Technology (KIT) and the Helmholtz Institute Jena aim to develop a 50 MeV plasma injector and demonstrate the injection into a compact storage ring. This storage ring will be built within the project cSTART at KIT. As part of the ATHENA (Accelerator Technology HElmholtz iNfrAstructure) project, DESY will design, setup and operate a 50 MeV plasma injector prototype for this endeavor. This contribution gives a status update of the 50 MeV LPA-based injector and presents a first layout of the prototype design at DESY in Hamburg