The Patently Unexceptional Venue Statute

Legal doctrines developed by the U.S. Court of Appeals for the Federal Circuit are often derided as “exceptionalist,” particularly on issues of procedure. The court’s interpretation of the venue statute for patent infringement suits seems, at first glance, to fit that mold. According to the Federal Circuit, the statute places few constraints on the plaintiff’s choice of forum when suing corporate defendants. This permissive venue rule has lead critics to suggest that the court is, once again, outside the mainstream. The Supreme Court’s recent grant of certiorari in TC Heartland v. Kraft Foods would seem to indicate that those critics are correct. This article argues, however, that venue is one area of Federal Circuit procedural law that is not, in fact, exceptional. Rather, the court’s capacious understanding of venue is both consistent with broader trends in venue doctrine and with the text and purpose of the governing statutes. To be clear, as a matter of pure policy, granting plaintiffs unbridled discretion over choice of forum in patent litigation may be problematic. But there are better modes of reform than a questionable interpretation of the venue statute that could have unintended consequences both in patent cases and beyond. This article, drafted for the American University Law Review’s annual symposium on the Federal Circuit, explores the history of the relevant venue statutes, analyzes key judicial decisions, argues that the Federal Circuit’s current approach to venue is doctrinally sound, and suggests alternative paths for reforming the law of forum selection in patent litigation

Oceanographic, meteorological, satellite and aircraft observations for project Little Window 2: May 1971

ENGLISH: In May 1971, a joint united states - Mexican experiment, Project Little Window 2, (LW-2) involving data collected by satellite, aircraft and ship sensors was made in the southern part of the Gulf of California. LW-2 was planned as an improved and enlarged version of LW-l (conducted the previous year; Stevenson and Miller, 1971) with field work scheduled to be made within a 200 by 200 km square region in the Gulf of California. The purposes of the new field study were to determine through coordinated measurements from ships, aircraft and satellites, the utility of weather satellites to measure surface temperature features of the ocean from space and specifically to evaluate the high resolution infrared sensors aboard N~ 1, ITOS 1 and NIMBUS 4 and to estimate the magnitude of the atmospheric correction factors needed to bring the data from the spacecraft sensors into agreement with surface measurements. Due to technical problems during LW-2, however, useful data could not be obtained from ITOS 1 and NIMBUS 4 so satellite information from only NOAA-1 was available for comparison. In addition, a new purpose was added, i.e., to determine the feasibility of using an Automatic picture Transmission (APT) receiver on shore and at sea to obtain good quality infrared data for the local region. SPANISH: En mayo 1971, los Estados Unidos y México realizaron un experimento en conjunto, Proyecto Little Window 2 (LW-2), en el que se incluyen datos obtenidos mediante captadores de satélites, aviones y barcos en la parte meridional del Golfo de California. Se planeó LW-2 para mejorar y ampliar el proyecto de LW-l (conducido el año anterior; Stevenson y Miller, 1971), realizándose el trabajo experimental en una región de 200 por 200 km cuadrados, en el Golfo de California. El objeto de este nuevo estudio experimental fue determinar mediante reconocimientos coordinados de barcos, aviones y satélites la conveniencia de los satélites meteorológicos para averiguar las características de la temperatura superficial del océano desde el espacio, y especialmente, evaluar los captadores infrarrojos de alta resolución a bordo de NOAA 1, ITOS 1 Y NIMBUS 4, y estimar la magnitud de los factores de corrección atmosféricos necesarios para corregir los datos de los captadores espaciales para que concuerden con los registros de la superficie. Sin embargo, debido a problemas técnicos durante LW-2, no fue posible obtener datos adecuados de ITOS 1 y NIMBUS 4, as1 que solo se pudo disponer de la información de NOAA 1 para hacer las comparaciones. Además se quiso determinar la posibilidad de usar un receptor de Trasmisión Automático de Fotografias (APT) en el mar para obtener datos infarojos de buena calidad en la región local. (PDF contains 525 pages.

Magnetic quantum oscillations in YBa2_2Cu3_3O6.61_{6.61} and YBa2_2Cu3_3O6.69_{6.69} in fields of up to 85 T; patching the hole in the roof of the superconducting dome

We measure magnetic quantum oscillations in the underdoped cuprates YBa$_2$Cu$_3$O$_{6+x}$ with $x=0.61$, 0.69, using fields of up to 85 T. The quantum-oscillation frequencies and effective masses obtained suggest that the Fermi energy in the cuprates has a maximum at $p\approx 0.11-0.12$. On either side, the effective mass may diverge, possibly due to phase transitions associated with the T=0 limit of the metal-insulator crossover (low-$p$ side), and the postulated topological transition from small to large Fermi surface close to optimal doping (high $p$ side)

Spectral properties of the X-ray binary pulsar LMC X-4 during different intensity states

We present spectral variations of the binary X-ray pulsar LMC X-4 observed with the RXTE/PCA during different phases of its 30.5 day long third period. Only out of eclipse data were used for this study. The 3-25 keV spectrum, modeled with high energy cut-off power-law and iron line emission is found to show strong dependence on the intensity state. Correlations between the Fe line emission flux and different parameters of the continuum are presented here.Comment: 4 pages, 4 figure

Draft genome sequences of seven isolates of Phytophthora ramorum EU2 from Northern Ireland

Here we present draft-quality genome sequence assemblies for the oomycete Phytophthora ramorum genetic lineage EU2. We sequenced genomes of seven isolates collected in Northern Ireland between 2010 and 2012. Multiple genome sequences from P. ramorum EU2 will be valuable for identifying genetic variation within the clonal lineage that can be useful for tracking its spread

Prebiotic potential of Azolla pinnata (R.Br.) and dietary inclusion effect of pulverised azolla on the growth performance of milkfish fingerlings

The growth of the aquaculture sector leads to a demand for sustainable feed ingredients. Prebiotics are potential sustainable feed ingredients that can promote the improved performance of aquaculture species without the use of antimicrobials. This study investigated the potential of Azolla pinnata as a candidate prebiotic source. Prebiotic characteristics and dietary effect of commercial diet (CD) with varying pulverised azolla (PA) inclusion was evaluated. Results showed that PA (9.40% moisture) constitutes around 16.1% ash, 22.3% crude fibre, 20.9% crude protein, 1.7% crude fat and 29.6% nitrogen-free extract. Crude xylan and cellulose content of PA were 13.7% and 12.6% dry matter (DM) respectively. Growth of Lactobacillus rhamnosus in PA-supplemented MRS broth remarkably improved after 4 to 6 hours of incubation. Feeding trials results revealed that PA inclusion had no adverse effect on average survival of milkfish fingerlings, albeit significant improvement (p < 0.01) was noted in group fed with 2% PA-replaced CD in terms of the total weight gain (119.9%), specific growth rate (2.62% day–1) and feed efficiency (79.9%). The present study demonstrated the prebiotic activity of PA, as well as its potential use as dietary feed component for improved growth and feed efficiency of cultured milkfish

Ocean acidification promotes otolith growth and calcite deposition in gilthead sea bream (Sparus aurata) larvae

This work received funding from the Marine Alliance for Science and Technology for Scotland (MASTS) Small Grant initiative (SG330 and SG407). MASTS is funded by the Scottish Funding Council (grant reference HR09011) and contributing institutions. PBW would like to thank the Royal Society for the award of an Industry Fellowship. Financial support to CRB and JG were through the BIOACID (Biological Impacts of Ocean Acidification; Phase II) research programme.The effects of ocean acidification on otolith crystallization and growth rates were investigated in gilthead sea bream (Sparus aurata) larvae. Larvae were exposed to three different pH levels: pH8.2, pH7.7 and pH7.3 for a period of 18 days post-fertilization. For the first time, we demonstrate that pH has a significant impact on the carbonate polymorph composition, showing calcite in a significant percentage of individuals at low pH. Around 21% of the larvae exposed to pH7.3 showed irregular calcitic otoliths rather than commonly found round aragonitic otoliths. Calcitic otoliths showed a moderate level of heritability suggesting an important role of genetic factors. We also observed significantly larger otoliths in larvae reared at pH7.7 and pH7.3 compared to pH8.2 in both sagittae and lapilli. Our results demonstrate that otolith growth rates in gilthead sea bream larvae increase at low pH while a significant proportion of larvae are prone to the formation of calcitic otoliths at pH7.3.Publisher PDFPeer reviewe

Monolithic integrated high-T.sub.c superconductor-semiconductor structure

A method for the fabrication of active semiconductor and high-temperature superconducting device of the same substrate to form a monolithically integrated semiconductor-superconductor (MISS) structure is disclosed. A common insulating substrate, preferably sapphire or yttria-stabilized zirconia, is used for deposition of semiconductor and high-temperature superconductor substructures. Both substructures are capable of operation at a common temperature of at least 77 K. The separate semiconductor and superconductive regions may be electrically interconnected by normal metals, refractory metal silicides, or superconductors. Circuits and devices formed in the resulting MISS structures display operating characteristics which are equivalent to those of circuits and devices prepared on separate substrates

Method for making a monolithic integrated high-T.sub.c superconductor-semiconductor structure

A method for the fabrication of active semiconductor and high-temperature perconducting devices on the same substrate to form a monolithically integrated semiconductor-superconductor (MISS) structure is disclosed. A common insulating substrate, preferably sapphire or yttria-stabilized zirconia, is used for deposition of semiconductor and high-temperature superconductor substructures. Both substructures are capable of operation at a common temperature of at least 77 K. The separate semiconductor and superconductive regions may be electrically interconnected by normal metals, refractory metal silicides, or superconductors. Circuits and devices formed in the resulting MISS structures display operating characteristics which are equivalent to those of circuits and devices prepared on separate substrates