Restoring the Fact/Law Distinction in Patent Claim Construction

Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments by ruling that “the construction of a patent, including terms of art within its claim, is exclusively within the province of the court.” In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 1791, the Court turned to “the relative interpretive skills of judges and juries and the statutory policies that ought to be furthered by the allocation.” It concluded that federal district court judges were better equipped than juries to resolve the mixed fact/law controversies inherent in construing disputed patent claim terms, thereby leading to more effective and transparent patent litigation. Fully achieving the Court’s goal of more effective and transparent patent litigation, however, depends on district judges having the flexibility to learn pertinent facts, build a reviewable record, and explain the basis for their claim constructions

On the Wiener-Hopf solution of water-wave interaction with a submerged elastic or poroelastic plate.

A solution to the problem of water-wave scattering by a semi-infinite submerged thin elastic plate, which is either porous or non-porous, is presented using the Wiener-Hopf technique. The derivation of the Wiener-Hopf equation is rather different from that which is used traditionally in water-waves problems, and it leads to the required equations directly. It is also shown how the solution can be computed straightforwardly using Cauchy-type integrals, which avoids the need to find the roots of the highly non-trivial dispersion equations. We illustrate the method with some numerical computations, focusing on the evolution of an incident wave pulse which illustrates the existence of two transmitted waves in the submerged plate system. The effect of the porosity is studied, and it is shown to influence the shorter-wavelength pulse much more strongly than the longer-wavelength pulse

Acute Renal Failure, Microangiopathic Haemolytic Anemia, and Secondary Oxalosis in a Young Female Patient

A 29-year old female presented with a one-week history of vomiting, diarrhoea, abdominal pain, and headache. On admission, she had acute renal failure requiring dialysis. Tests revealed a hemolytic anemia with thrombocytopenia. An initial diagnosis of thrombotic thrombocytopenic microangiopathy was made and plasma exchange was instigated. However, renal biopsy did not show thrombotic microangiopathy but instead revealed acute kidney injury with mild tubulointerstitial nephritis and numerous oxalate crystals, predominantly in the distal tubules. The patient had been taking large doses (>1100 mg daily) of vitamin C for many months. She also gave a history of sclerotherapy using injections of an ethylene glycol derivative for superficial leg veins. The patient completed five sessions of plasma exchange and was able to discontinue dialysis. She eventually achieved full renal recovery. She has now discontinued sclerotherapy and vitamin supplementation

Two Cases of Small Cell Carcinoma of the Gallbladder

Small cell carcinoma of the gallbladder is a rare disease process with approximately 40 cases reported in the literature. It is most often found in elderly female population and is associated with cholelithiasis and cigarette smoking. A multidisciplinary approach to treatment with wide surgical resection and adjuvant chemotherapy is the current standard of care. Notwithstanding prompt medical intervention, it is a disease with a poor prognosis. The pathology is characterized by early metastases and extensive local invasion. Herein, we report two cases of small cell carcinoma addressed at our institution. In both cases, a radical resection was performed with subsequent referral to oncology for additional therapy

Intermittent control models of human standing: similarities and differences

Two architectures of intermittent control are compared and contrasted in the context of the single inverted pendulum model often used for describing standing in humans. The architectures are similar insofar as they use periods of open-loop control punctuated by switching events when crossing a switching surface to keep the system state trajectories close to trajectories leading to equilibrium. The architectures differ in two significant ways. Firstly, in one case, the open-loop control trajectory is generated by a system-matched hold, and in the other case, the open-loop control signal is zero. Secondly, prediction is used in one case but not the other. The former difference is examined in this paper. The zero control alternative leads to periodic oscillations associated with limit cycles; whereas the system-matched control alternative gives trajectories (including homoclinic orbits) which contain the equilibrium point and do not have oscillatory behaviour. Despite this difference in behaviour, it is further shown that behaviour can appear similar when either the system is perturbed by additive noise or the system-matched trajectory generation is perturbed. The purpose of the research is to come to a common approach for understanding the theoretical properties of the two alternatives with the twin aims of choosing which provides the best explanation of current experimental data (which may not, by itself, distinguish beween the two alternatives) and suggesting future experiments to distinguish between the two alternatives

Spuriously Elevated Serum IGF-1 in Adult Individuals with Delayed Puberty: A Diagnostic Pitfall

Serum insulin-like growth factor-1 (IGF-1) is a sensitive marker of growth hormone (GH) activity. The levels of IGF-1 vary widely, peaking during puberty and declining with advancing age. During adolescence, serum IGF-1 levels tend to correlate better with pubertal stage rather than chronological age. Here we discuss two cases of delayed puberty, both in their 20s, who presented with high serum IGF-1 but no clinical or biochemical evidence of hypersomatotropism as confirmed by appropriate GH response to an oral glucose challenge. Both individuals achieved full pubertal status with testosterone replacement therapy and their serum IGF-1 levels settled into normal age-specific range. We suggest that in chronologically adult individuals with delayed puberty, serum IGF-1 should not be interpreted on the basis of age-specific normal values but rather on their pubertal status. Furthermore, in the absence of another cause of elevated IGF-1, the expectation is that IGF-1 levels will decline towards age-normative ranges following androgen replacement therapy