It\u27s Not You, It\u27s Us: Assessing the Contribution of Trademark Goodwill to Properly Balance the Results of Trademark License Rejection

In 1988, Congress amended § 365 of the Bankruptcy Code to allow intellectual property licenses to retain usage rights following the rejection of an executory contract. Unfortunately, this amendment did not include trademarks in its definition of intellectual property. The author thoroughly examines the circuit split, comparing and contrasting the dueling circuit court decisions over whether trademark licenses should receive the same protections as other intellectual property. In analyzing this circuit split, the author centrally focuses on Mission Product Holdings, Inc. v. Tempnology, LLC, a case out of the First Circuit Court of Appeals. The author concludes by proposing a three-factor test to aid courts in arriving at the most equitable result for not only the debtor\u27s estate, but also society writ-large

Integration of microarray analysis into the clinical diagnosis of hematological malignancies: How much can we improve cytogenetic testing?

PurposeTo evaluate the clinical utility, diagnostic yield and rationale of integrating microarray analysis in the clinical diagnosis of hematological malignancies in comparison with classical chromosome karyotyping/fluorescence in situ hybridization (FISH).MethodsG-banded chromosome analysis, FISH and microarray studies using customized CGH and CGH+SNP designs were performed on 27 samples from patients with hematological malignancies. A comprehensive comparison of the results obtained by three methods was conducted to evaluate benefits and limitations of these techniques for clinical diagnosis.ResultsOverall, 89.7% of chromosomal abnormalities identified by karyotyping/FISH studies were also detectable by microarray. Among 183 acquired copy number alterations (CNAs) identified by microarray, 94 were additional findings revealed in 14 cases (52%), and at least 30% of CNAs were in genomic regions of diagnostic/prognostic significance. Approximately 30% of novel alterations detected by microarray were >20 Mb in size. Balanced abnormalities were not detected by microarray; however, of the 19 apparently "balanced" rearrangements, 55% (6/11) of recurrent and 13% (1/8) of non-recurrent translocations had alterations at the breakpoints discovered by microarray.ConclusionMicroarray technology enables accurate, cost-effective and time-efficient whole-genome analysis at a resolution significantly higher than that of conventional karyotyping and FISH. Array-CGH showed advantage in identification of cryptic imbalances and detection of clonal aberrations in population of non-dividing cancer cells and samples with poor chromosome morphology. The integration of microarray analysis into the cytogenetic diagnosis of hematologic malignancies has the potential to improve patient management by providing clinicians with additional disease specific and potentially clinically actionable genomic alterations

Connecting Best Practices for Teaching Linguistically and Culturally Diverse International Students with International Student Satisfaction and Student Perceptions of Student Learning

This paper explores promising teaching practices for teaching linguistically and culturally-diverse international students by identifying the teaching practices that have high levels of international student satisfaction and student perceptions of learning. This study is based on the belief that the most effective teaching practices are where promising teaching practices, student satisfaction, and student perceptions of learning meet. Researchers used a mixed-methods research design that included an online-survey questionnaire, focus-group discussions, and individual interviews. All of the promising teaching practices identified as having high levels of student satisfaction have medium/high perceptions of student learning. Some of the promising teaching practices with high levels of student perceptions of learning have moderate levels of student satisfaction. Recommendations for professional practice are presented along with potential areas for further research

Small magellanic cloud-type interstellar dust in the milky way

It is well known that the sight line toward HD 204827 in the cluster Trumpler 37 shows a UV extinction curve that does not follow the average Galactic extinction relation. However, when a dust component, fore-ground to the cluster, is removed, the residual extinction curve is identical to that found in the SMC within the uncertainties. The curve is very steep and has little or no 2175 A bump. The position of HD 204827 in the sky is projected onto the edge of the Cepheus IRAS bubble. In addition, HD 204827 has an IRAS bow shock, indicating that it may be embedded in dust swept up by the supernova that created the IRAS bubble. Shocks due to the supernova may have led to substantial processing of this dust. The HD 204827 cloud is dense and rich in carbon molecules. The 3.4 μm feature indicating a C-H grain mantle is present in the dust toward HD 204827. The environment of the HD 204827 cloud dust may be similar to the dust associated with HD 62542, which lies on the edge of a stellar wind bubble and is also dense and rich in molecules. This sight line may be a Rosetta Stone if its environment can be related to those in the SMC having similar dust

Variability by Individual Student Characteristics of Student Satisfaction with Promising International Student Teaching Practices

This paper explores promising teaching practices for teaching linguistically and culturally diverse international students by identifying the teaching practices that have high levels of international student satisfaction and student perceptions of learning. Data were collected through an online survey at a mid-sized Canadian public comprehensive university. Variability of student satisfaction by individual student characteristics (e.g., level of study, year of study, age, gender, field of study, country of origin, length of time studying outside country of origin, parents’ educational level, and study location) is presented. Recommendations for professional practice are discusse

Evidence for Pre-Existing Dust in the Bright Type IIn SN 2010jl

SN 2010jl was an extremely bright, Type IIn SNe which showed a significant IR excess no later than 90 days after explosion. We have obtained Spitzer 3.6 and 4.5 \mum and JHK observations of SN 2010jl \sim90 days post explosion. Little to no reddening in the host galaxy indicated that the circumstellar material lost from the progenitor must lie in a torus inclined out of the plane of the sky. The likely cause of the high mid-IR flux is the reprocessing of the initial flash of the SN by pre-existing circumstellar dust. Using a 3D Monte Carlo Radiative Transfer code, we have estimated that between 0.03-0.35 Msun of dust exists in a circumstellar torus around the SN located 6 \times 10 ^17 cm away from the SN and inclined between 60-80\cdot to the plane of the sky. On day 90, we are only seeing the illumination of approximately 5% of this torus, and expect to see an elevated IR flux from this material up until day \sim 450. It is likely this dust was created in an LBV-like mass loss event of more than 3 Msun, which is large but consistent with other LBV progenitors such as {\eta} Carinae.Comment: Accepted in A

Are Ti44-Producing Supernovae Exceptional?

According to standard models supernovae produce radioactive $^{44}$Ti, which should be visible in gamma-rays following decay to $^{44}$Ca for a few centuries. $^{44}Ti production is believed to be the source of cosmic$^{44}$Ca, whose abundance is well established. Yet, gamma-ray telescopes have not seen the expected young remnants of core collapse events. The$^{44}$Ti mean life of$\tau \simeq$89 y and the Galactic supernova rate of$\simeq$3/100 y imply$\simeq$several detectable$^{44}Ti gamma-ray sources, but only one is clearly seen, the 340-year-old Cas A SNR. Furthermore, supernovae which produce much $^{44}Ti are expected to occur primarily in the inner part of the Galaxy, where young massive stars are most abundant. Because the Galaxy is transparent to gamma-rays, this should be the dominant location of expected gamma-ray sources. Yet the Cas A SNR as the only one source is located far from the inner Galaxy (at longitude 112 degree). We evaluate the surprising absence of detectable supernovae from the past three centuries. We discuss whether our understanding of SN explosions, their$^{44}Ti yields, their spatial distributions, and statistical arguments can be stretched so that this apparent disagreement may be accommodated within reasonable expectations, or if we have to revise some or all of the above aspects to bring expectations in agreement with the observations. We conclude that either core collapse supernovae have been improbably rare in the Galaxy during the past few centuries, or $^{44}Ti-producing supernovae are atypical supernovae. We also present a new argument based on$^{44}$Ca/$^{40}$Ca ratios in mainstream SiC stardust grains that may cast doubt on massive-He-cap Type I supernovae as the source of most galactic$^{44}$Ca.Comment: 23 pages, 14 figures, accepted for publication in Astronomy and Astrophysics 2006. Correcting the SN type of Tycho in Table B.1. and add its associated reference

Pharmacy Staff Perspectives on Alcohol and Medication Interaction Prevention Among Older Rural Adults

Older adults are at high risk for alcohol and medication interactions (AMI). Pharmacies have the potential to act as ideal locations for AMI education, as pharmacy staff play an important role in the community. This study examined the perspectives of pharmacy staff on AMI prevention programming messaging, potential barriers to and facilitators of older adult participation in such programming, and dissemination methods for AMI prevention information. Flyers, telephone calls, and site visits were used to recruit 31 pharmacy staff members who participated in semistructured interviews. A content analysis of interview transcriptions was conducted to identify major themes, categories, and subcategories. The main categories identified for AMI prevention messaging were Informational, Health Significance, and Recommendations. Within barriers to participation, the main categories identified were Health Illiteracy, Personal Attitudes, and Feasibility. The main categories identified for program facilitators were Understanding, Beneficial Consequences, and Practicality. Multimethod dissemination strategies were commonly suggested. This study found positive pharmacy staff perspectives for the planning and implementation of AMI prevention programming, and future development and feasibility testing of such programming in the pharmacy setting is warranted