An Inside History of the Burger Court\u27s Patent Eligibility Jurisprudence

Patent eligibility is one of the most important and controversial issues in intellectual property law. Although the relevant constitutional and statutory text is extremely broad, the Supreme Court has significantly narrowed the scope of patentable eligibility by creating exceptions for inventions directed to abstract ideas, laws of nature, and natural phenomenon. In particular, the Supreme Court’s decisions on this issue over the past decade have created considerable uncertainty regarding the patentability of important innovations. As a result, numerous stakeholders have called for reform of the current rules regarding patent eligibility, and members of Congress have introduced legislation to amend the Patent Act to provide greater clarity. The current quandary regarding patent eligibility is nothing new, however. In the 1970s and early 1980s, the Supreme Court was similarly challenged by inventors’ attempts to obtain patent rights to a number of then-emerging technologies, including computer software and genetically-modified organisms. After initially concluding that processes consisting of or including an algorithm were not patentable subject matter in Gottschalk v. Benson (1972) and Parker v. Flook (1978), the Court abruptly changed course in Diamond v. Diehr (1981), holding that the use of a computer program to implement a method for curing synthetic rubber was eligible for patenting. Similarly, in the life sciences, the Court overturned a USPTO decision rejecting a patent on a genetically-modified bacteria, concluding in Diamond v. Chakrabarty (1980) that a non-naturally occurring organism was patent eligible. These decisions ultimately opened the door to thousands of patents covering computer software and biotechnology innovations. Moreover, they remain good law and are widely cited, including by the Court itself. To better understand these older patent eligibility decisions, this Article examines archival material from the chambers of Justice Lewis F. Powell, Jr., who was one of the “swing” votes on the Burger Court. Using this previously-untapped resource, we report several notable findings, including that the Court initially voted to find the process in Flook to be patent eligible, only for two Justices to subsequently switch their votes. In addition, Justice Powell privately expressed the view that his vote in Flook was in error, ultimately changing sides in Diehr to adopt a more expansive view of patent eligibility. We also find evidence that the Justices and their clerks often struggled with the technological complexity of these new innovations in assessing their patentability, frequently commenting that Congress was better body for addressing such issues. We then offer several implications from these findings for the ongoing debate regarding the scope of patent eligibility

An Inside History of the Burger Court\u27s Patent Eligibility Jurisprudence

Patent eligibility is one of the most important and controversial issues in intellectual property law. Although the relevant constitutional and statutory text is extremely broad, the Supreme Court has significantly narrowed the scope of patentable eligibility by creating exceptions for inventions directed to abstract ideas, laws of nature, and natural phenomenon. In particular, the Supreme Court’s decisions on this issue over the past decade have created considerable uncertainty regarding the patentability of important innovations. As a result, numerous stakeholders have called for reform of the current rules regarding patent eligibility, and members of Congress have introduced legislation to amend the Patent Act to provide greater clarity. The current quandary regarding patent eligibility is nothing new, however. In the 1970s and early 1980s, the Supreme Court was similarly challenged by inventors’ attempts to obtain patent rights to a number of then-emerging technologies, including computer software and genetically-modified organisms. After initially concluding that processes consisting of or including an algorithm were not patentable subject matter in Gottschalk v. Benson (1972) and Parker v. Flook (1978), the Court abruptly changed course in Diamond v. Diehr (1981), holding that the use of a computer program to implement a method for curing synthetic rubber was eligible for patenting. Similarly, in the life sciences, the Court overturned a USPTO decision rejecting a patent on a genetically-modified bacteria, concluding in Diamond v. Chakrabarty (1980) that a non-naturally occurring organism was patent eligible. These decisions ultimately opened the door to thousands of patents covering computer software and biotechnology innovations. Moreover, they remain good law and are widely cited, including by the Court itself. To better understand these older patent eligibility decisions, this Article examines archival material from the chambers of Justice Lewis F. Powell, Jr., who was one of the “swing” votes on the Burger Court. Using this previously-untapped resource, we report several notable findings, including that the Court initially voted to find the process in Flook to be patent eligible, only for two Justices to subsequently switch their votes. In addition, Justice Powell privately expressed the view that his vote in Flook was in error, ultimately changing sides in Diehr to adopt a more expansive view of patent eligibility. We also find evidence that the Justices and their clerks often struggled with the technological complexity of these new innovations in assessing their patentability, frequently commenting that Congress was better body for addressing such issues. We then offer several implications from these findings for the ongoing debate regarding the scope of patent eligibility

Effect of pinching and spacing on growth, flowering and yield of African marigold (Tagetes erecta L.) under semi-arid conditions of Haryana

The present study was conducted at experimental orchard of Department of Horticulture, CCS Haryana Agricultural University, Hisar (Haryana), India with a view to optimize pinching time and spacing in African marigold for achieving better growth, flowering and yield. Design of the experiment was factorial Randomized Block Design with three replications. Experiment comprises of two levels of pinching (no pinching & pinching at 28 DAT i.e. Days After Transplanting) and three levels of spacing (40 x 40 cm, 40 x 30 cm & 30 x 30 cm) in all possible combinations. Maximum number of branches/plant (12.11), plant spread (63.59 cm), fresh weight of plant (358.79 g), number of buds/plant, duration of flowering (53.95 days), number of flowers/plant (54.54), stalk length and flower yield/plant (403.68 g) and flower yield/hectare (33.33 t) were significantly recorded in plants pinched at 28 DAT at 5% level of significance, whereas, maximum plant height (73.52 cm), flower diameter (6.38 cm), fresh weight of flower (8.93 g) was obtained in un-pinched plants. In case of spacing, maximum plant spread (64.01 cm), primary branches/plant (11.42), fresh weight of plant (370.20 g), number of buds/plant, number of flowers/plant (51.43), duration of flowering (53.98 days), flower diameter (6.42 cm), fresh weight of flower (9.03 g), flower yield/plant (460.42 g) was recorded at 40 x 40 cm, whereas, maximum plant height (71.76 cm), stalk length, flower yield/hectare (36.34 t) was observed with 30 x 30 cm. Results revealed that plants pinched at 28 DAT with widest spacing (40 x 40 cm) were found best for better growth, flowering and yield of African marigold

Loneliness and social networks of older adults in rural communities: a narrative synthesis systematic review

Introduction: Loneliness has significant impacts on the health of older adults. Social networks help to improve psychosocial and quality of life outcomes among older adults. A fifth of older adults live in rural communities, where geographic isolation poses challenges to health. The dynamics of social networks of older adults in rural communities has not been explored. Objective: To synthesize the literature related to loneliness and social networks of older adults in rural settings. Methods: A mixed-methods systematic review was conducted through searching six bibliographic databases to retrieve peer-reviewed literature with no time limits. We performed a methodological assessment of each study using a mixed method quality assessment tool. Findings are synthesized thematically. Results: A total of 50 studies (32 quantitative, 15 qualitative, and 3 mixed methods) were included in this review. Studies were conducted in 17 different countries, the majority from China (n = 12), the UK (n = 9), and USA (n = 9). Findings revealed that social networks of older adults consist of family, friends and neighbors and continue to be developed through participation in various physical and social activities such as walking groups and participation in religious events. Social networks offer informational, functional, psychological and social support to older adults. Through their social networks, older adults feel socially connected and cared for. Successful interventions to improve social networks and address loneliness were those developed in groups or one-on-one with the older adults. The key ingredient to the positive impact of these interventions on reducing social isolation and loneliness was the formation of a social connection and regular engagement with the older adults. However, the review did not find any explicitly reported theory or model on which these interventions are based. Conclusion: The prevalence of loneliness among older adults in rural areas needs urgent attention. Social network theory and methods can help in developing interventions to address social isolation and loneliness among older adults in rural communities

Systematic review of Doppler for detecting intrapartum fetal heart abnormalities and measuring perinatal mortality in low‐ and middle‐income countries

Background: Using Doppler to improve detection of intrapartum fetal heart rate (FHR) abnormalities coupled with appropriate, timely intrapartum care in low-and middle-income countries (LMIC) can save lives. Objective: To review studies using Doppler to improve detection of intrapartum FHR abnormalities and intrapartum care quality in LMIC health facilities. Search strategy: PubMed, Web of Science, Embase, Global Health, and Scopus were searched from inception to October 2018 by combining terms for Doppler, perinatal outcomes, and FHR monitoring. Selection criteria: Selected studies compared Doppler and Pinard stethoscope for detecting/monitoring intrapartum FHR, or described provider and maternal preferences for FHR monitoring in LMIC settings. Data collection and analysis: Two team members independently screened and collected data. Risk of bias was assessed by Cochrane EPOC criteria. Results: Eleven studies from eight countries were included. Doppler was superior at detecting abnormal intrapartum FHR as compared with Pinard stethoscope, but was not associated with improved perinatal outcomes. Using Doppler on admission helped to accurately measure perinatal deaths occurring after facility admission. Conclusion: Studies and program learning are needed to translate improved detection of FHR abnormalities to improved case management in LMICs. Doppler should be used to calculate a facility indicator of intrapartum care quality

Unfolding dynamics of proteins under applied force

Understanding the mechanisms of protein folding is a major challenge that is being addressed effectively by collaboration between researchers in the physical and life sciences. Recently, it has become possible to mechanically unfold proteins by pulling on their two termini using local force probes such as the atomic force microscope. Here, we present data from experiments in which synthetic protein polymers designed to mimic naturally occurring polyproteins have been mechanically unfolded. For many years protein folding dynamics have been studied using chemical denaturation, and we therefore firstly discuss our mechanical unfolding data in the context of such experiments and show that the two unfolding mechanisms are not the same, at least for the proteins studied here. We also report unexpected observations that indicate a history effect in the observed unfolding forces of polymeric proteins and explain this in terms of the changing number of domains remaining to unfold and the increasing compliance of the lengthening unstructured polypeptide chain produced each time a domain unfolds

Global, regional, and national burden of hepatitis B, 1990–2019 : a systematic analysis for the Global Burden of Disease Study 2019

Publisher Copyright: © 2022 The Author(s). Published by Elsevier Ltd. This is an Open Access article under the CC BY 4.0 licenseBackground: Combating viral hepatitis is part of the UN Sustainable Development Goals (SDGs), and WHO has put forth hepatitis B elimination targets in its Global Health Sector Strategy on Viral Hepatitis (WHO-GHSS) and Interim Guidance for Country Validation of Viral Hepatitis Elimination (WHO Interim Guidance). We estimated the global, regional, and national prevalence of hepatitis B virus (HBV), as well as mortality and disability-adjusted life-years (DALYs) due to HBV, as part of the Global Burden of Diseases, Injuries, and Risk Factors Study (GBD) 2019. This included estimates for 194 WHO member states, for which we compared our estimates to WHO elimination targets. Methods: The primary data sources were population-based serosurveys, claims and hospital discharges, cancer registries, vital registration systems, and published case series. We estimated chronic HBV infection and the burden of HBV-related diseases, defined as an aggregate of cirrhosis due to hepatitis B, liver cancer due to hepatitis B, and acute hepatitis B. We used DisMod-MR 2.1, a Bayesian mixed-effects meta-regression tool, to estimate the prevalence of chronic HBV infection, cirrhosis, and aetiological proportions of cirrhosis. We used mortality-to-incidence ratios modelled with spatiotemporal Gaussian process regression to estimate the incidence of liver cancer. We used the Cause of Death Ensemble modelling (CODEm) model, a tool that selects models and covariates on the basis of out-of-sample performance, to estimate mortality due to cirrhosis, liver cancer, and acute hepatitis B. Findings: In 2019, the estimated global, all-age prevalence of chronic HBV infection was 4·1% (95% uncertainty interval [UI] 3·7 to 4·5), corresponding to 316 million (284 to 351) infected people. There was a 31·3% (29·0 to 33·9) decline in all-age prevalence between 1990 and 2019, with a more marked decline of 76·8% (76·2 to 77·5) in prevalence in children younger than 5 years. HBV-related diseases resulted in 555 000 global deaths (487 000 to 630 000) in 2019. The number of HBV-related deaths increased between 1990 and 2019 (by 5·9% [–5·6 to 19·2]) and between 2015 and 2019 (by 2·9% [–5·9 to 11·3]). By contrast, all-age and age-standardised death rates due to HBV-related diseases decreased during these periods. We compared estimates for 2019 in 194 WHO locations to WHO-GHSS 2020 targets, and found that four countries achieved a 10% reduction in deaths, 15 countries achieved a 30% reduction in new cases, and 147 countries achieved a 1% prevalence in children younger than 5 years. As of 2019, 68 of 194 countries had already achieved the 2030 target proposed in WHO Interim Guidance of an all-age HBV-related death rate of four per 100 000. Interpretation: The prevalence of chronic HBV infection declined over time, particularly in children younger than 5 years, since the introduction of hepatitis B vaccination. HBV-related death rates also decreased, but HBV-related death counts increased as a result of population growth, ageing, and cohort effects. By 2019, many countries had met the interim seroprevalence target for children younger than 5 years, but few countries had met the WHO-GHSS interim targets for deaths and new cases. Progress according to all indicators must be accelerated to meet 2030 targets, and there are marked disparities in burden and progress across the world. HBV interventions, such as vaccination, testing, and treatment, must be strategically supported and scaled up to achieve elimination. Funding: Bill & Melinda Gates Foundation.Peer reviewe

Public policy (not the coronavirus) should shape what endemic means

Endemicity is not only a biological and health event but has several inter-dependencies cross-cutting with the management of the economy, including governance and policies. Within the context of the discourse on inequity, what does endemicity mean for poor and low-income families, where policies on social inclusion and social welfare need to be re-calibrated

Environmental exposure to pyrethroids and sperm sex chromosome disomy: a cross-sectional study

Abstract Background The role of environmental pesticide exposures, such as pyrethroids, and their relationship to sperm abnormalities are not well understood. This study investigated whether environmental exposure to pyrethroids was associated with altered frequency of sperm sex chromosome disomy in adult men. Methods A sample of 75 subjects recruited through a Massachusetts infertility clinic provided urine and semen samples. Individual exposures were measured as urinary concentrations of three pyrethroid metabolites ((3-phenoxybenzoic acid (3PBA), cis- and trans- 3-(2,2-Dichlorovinyl)-1-methylcyclopropane-1,2-dicarboxylic acid (CDCCA and TDCCA)). Multiprobe fluorescence in situ hybridization for chromosomes X, Y, and 18 was used to determine XX, YY, XY, 1818, and total sex chromosome disomy in sperm nuclei. Poisson regression analysis was used to examine the association between aneuploidy rates and pyrethroid metabolites while adjusting for covariates. Results Between 25-56% of the sample were above the limit of detection (LOD) for the pyrethroid metabolites. All sex chromosome disomies were increased by 7-30% when comparing men with CDCCA and TDCCA levels above the LOD to those below the LOD. For 3PBA, compared to those below the LOD, those above the LOD had YY18 disomy rates 1.28 times higher (95% CI: 1.15, 1.42) whereas a reduced rate was seen for XY18 and total disomy (IRR = 0.82; 95% CI: 0.77, 0.87; IRR = 0.93; 95% CI: 0.87-0.97), and no association was seen for XX18 and 1818. Conclusions Our findings suggest that urinary concentrations of CDCCA and TDCCA above the LOD were associated with increased rates of aneuploidy. However the findings for 3BPA were not consistent. This is the first study to examine these relationships, and replication of our findings is needed before the association between pyrethroid metabolites and aneuploidy can be fully defined.http://deepblue.lib.umich.edu/bitstream/2027.42/134538/1/12940_2013_Article_854.pd