Why Can’t We Be FRANDs?: Anti-Suit Injunctions, International Comity, and International Commercial Arbitration in Standard-Essential Patent Litigation

Picking up a smartphone to contact someone across the globe isfacilitated by technical standards like 5G. These standards allow for technological compatibility worldwide. For instance, a 5G capable device can connect to 5G networks anywhere in the world because the same 5G standard is used globally. Standards, particularly those integral to the telecommunications industry, are also highly complex and contain many patents that are necessarily infringed when the standard is implemented. To avoid rampant patent infringement, owners of these standard-essential patents (“SEPs”) are required to license them to standard implementers at fair, reasonable, and non-discriminatory (“FRAND”) rates when their patents are incorporated into a standard. Apart from that, standard setting organizations (“SSOs”) provide minimal guidance about what rates are FRAND. As a result, SEP litigation over whether a rate is FRAND has spiked. Courts hearing FRAND cases can set global rates, but patent rights are territorial. In response to the threat of foreign courts setting rates on patents granted in their jurisdiction, some courts have issued anti-suit injunctions to prevent parties from litigating a FRAND dispute elsewhere. This rise in anti-suit injunctions has resulted in some courts turning to anti-anti-suit injunctions as a response or preemptive measure. Parties have even petitioned courts for anti-anti-anti-suit injunctions. This spiral poses a threat to international comity because these injunctions, although directed at the litigants, interfere with a foreign court’s ability to decide what to do with a matter before it. Within the FRAND context, an added danger is the potential breakdown of future technological interoperability if some parts of the world adopt different standards than others. For example, this might make some smartphones incompatible with some cellular data networks. In place of litigation, international commercial arbitration has been used with some success in FRAND disputes, but there are downsides to using arbitration alone. This Note recommends federal courts grant anti-suit injunctions in SEP litigation only under a restrictive test, rather than maintaining the current variation by circuit. Injunctions that up the “anti” should face greater scrutiny under a stricter test with international comity guiding the decision through concrete factors outlined in the sections on nonrecognition of foreign judgments in the Restatement (Fourth) of Foreign Relations Law of the United States. The Note further suggests that Congress should codify this test, but in the event of an injunction spiral that might preclude litigation altogether, SSOs should require the parties arbitrate the dispute before experts at the World Intellectual Property Organization (“WIPO”). Together, litigation and arbitration can help preserve the interconnected and technologically compatible system currently in place around the world

Effects of Velocity-slip and Viscosity Variation for Lubrication of Roller Bearings

A generalised form of Reynolds equation for two symmetrical surfaces is derived considering velocity-slip at the bearing surfaces. This equation is applied to study the effects ofvelocity -slip for the lubrication of roller bearings under lightly loaded conditions. Expressions for the point of cavitation, load capacities, and coefficient of friction obtained are also studied theoretically for various parameters

Design of Rectangular Patch Wi-Fi Antenna using Coaxial Feed

In this Paper, a rectangular patch Wi-Fi antenna using coaxial feed is designed, with complete mathematical calculations and the results are simulated using IE3D software with an operating frequency of 2.4nbsp GHz. Wi-Fi is a wirelessnbspnbspnbspnbspnbsp networking technology that allows computers and other devices to communicate over a wireless signal, it is also used to create a wireless LAN .Wi-Fi antenna are used at both 2.4GHz and 5 GHz. The Wi-Fi frequency is highest frequency on the mobile phone among all the application frequency. As the Microstrip patch antennas are small in size, light weight and integrated easily on device. the antenna performance is measured on IE3D software and we get optimum result

Studies on carbohydrate moieties of the glycoprotein, glucoamylase II of Aspergillus niger: nature of carbohydrate-peptide linkage and structure of oligosaccharides

Electrophoretically homogeneous type 1 (GP-C1 and GP-C2), type 2 (GP-C3a and GP-C3b,) and type 3 (GP-D1, and GP-D2) glycopeptides from Aspergillus niger glucoamylase II (Manjunath and Raghavendra Rao, preceding paper) were separately treated with alkaline borohydride. The (β-eliminated oligosaccharides were subjected to single and sequential digestion with specific glycosidases and the products analysed by gas liquid chromatography. The studies revealed that carbohydrate moieties were present as mannose, Man-Man-, and trisaccharide structures, namely, (a) GIc-Man-Man-, (b) Gal-Man-Man, (c) Man-Man-Man-, (d) GlcNAc-Man-Man-, and (e) Xyl-Man-Man. None of the glycopeptides contained all the trisaccharide structures (a) to (e). Type 1 glycopeptide contained structures (a), (b) and (c); type 2, (a) and (d) and type 3, (a), (b) and (e). The number of carbohydrate units (mono-, di-and trisaccharides) present in the major glycopeptides was determined and tentative structures for the glycopeptides proposed. Carbohydrate units appeared to occur in clusters of 4 to 7 in each glycopeptide, a structure unique to the carbohydrate moiety in Aspergillus niger glucoamylase. Based on carbohydrate analysis and yields of glycopeptide, the number of units of each type of glycopeptide present in glucoamylase II was tentatively calculated to give two of type Man:Glc:Gal = 12-15:l:l, one of type Man:Glc:GlcN = 10-l1:1:2 and one of type Man :GIc :Gal:Xyl = 4-8:0.1:0.5-0.8:0.3-1 glycopeptides

Space observation for climate change studies

Climate change is associated with earth radiation budget that depends upon in-comming solar radiation, surface albedo and radiative forcing by green house gases. Human activities are contributing to climate change by causing changes in Earth's atmosphere (greenhouse gases, aerosols) and biosphere (deforestation, urbanization, irrigation). Long term and precise measurements from calibrated global observation constellation is a vital component in climate system modelling. Space based records of biosphere, cryosphere, hydrosphere and atmosphere over more than three decades are providing important information on climate change. Space observations are an important source of climate variables due to multi scale simultaneous observation (local, regional, global) capability with temporal revisit in tune with requirements of land, ocean and atmospheric processes. Essential climatic variables that can be measured from space include atmosphere (upper air temperature, water vapour, precipitation, clouds, aerosols & GHGs etc.), ocean (sea ice, sea level, SST, salinity, ocean colour etc.) and land (snow, glacier, albedo, biomass, LAI/fAPAR, soil moisture etc.). India's Earth Observation Programme addresses various aspects of land, ocean and atmospheric applications. The present and planned missions such as Resourcesat-1, Oceansat-2, RISAT, Megha-Tropiques, INSAT-3D, SARAL, Resourcesat-2, Geo-HR Imager and I-STAG would help in understanding the issues related to climate changes. The paper reviews observational needs, space observation systems and studies that have been carried out at ISRO towards mapping/ detecting the indicators of climate change, monitoring the agents of climate change and understanding the impact of climate change, in national perspectives. Studies to assess glacier retreat, changes in polar ice cover, timberline change and coral bleaching are being carried out towards monitoring of climate change indicators. Spatial methane inventories from paddy rice, livestock and wetlands have been prepared and seasonal pattern of CO2, and CO have been analysed. Future challenges in space observations include design and placement of adequate and accurate multi-platform observational system to monitor all parameters related to various interaction processes and generation of long term calibrated climate data records pertaining to land ocean and atmosphere

Excretion of lysine by Micrococcus glutamicus

Analysis of intracellular and extracellular lysine concentration during lysine fermentation by Micrococcus glutamicus AEC RN-13-6/1 indicated that lysine excretion occurs against a concentration gradient towards the end of the fermentation period. The capacity to excrete lysine against a concentration gradient may be a factor contributing to the high yield of lysine