Information Costs and Reverse Payment Settlements: Bridging the Gap Between the Courts and the Antitrust Agencies

Reverse payment settlements have attracted increased scrutiny due to the controversial presence of a payment from a brand-name drug company to a generic company that is ostensibly preparing to infringe on the branded company’s patent. The antitrust agencies and the courts settled into an intergovernmental stalemate regarding the appropriate framework of analysis to apply when reviewing antitrust challenges to these settlements. The FTC and DOJ have viewed the deals skeptically as a vehicle for competitors to split monopoly profits, but the lower courts have generally been deferential to what they identified as an exercise of a patent holder’s lawful right to exclude. Much has been written about which side is correct, yet there has been relatively little exploration of the source of the persistent disagreement. Building off of Henry Smith’s property rights theory and the cognitive miser literature from Peter Lee, this Article explains that the long-standing disagreement stems from the judiciary’s application of information-cost-saving rules. Courts adopted a formalistic approach that would almost invariably uphold a reverse payment settlement because they tend to apply bright-line rules when dealing with property rights, and they are prone to adjudicate complex patent and patent-related cases in ways that economize on the costs of information processing. Although the Supreme Court resolved the disagreement by adopting a more information-demanding rule of reason approach in FTC v. Actavis, the cognitive miser phenomenon will continue to affect how courts adjudicate antitrust challenges to reverse-payment settlements

Single versus dual antiplatelet therapy following peripheral arterial endovascular intervention for chronic limb threatening ischaemia:retrospective cohort study

ObjectivesAntiplatelet therapy following peripheral arterial endovascular intervention lacks high quality evidence to guide practice. The aim of this study was to assess the effect of three months of dual antiplatelet therapy on amputation-free survival following peripheral arterial endovascular intervention in patients with chronic limb threatening ischemia.MethodsA retrospective review of symptomatic patients undergoing primary peripheral arterial endovascular intervention over a seven-year period was performed. The primary outcome measure was amputation-free survival. A sample size calculation based on previous cohort studies suggested that 629 limbs would be required to show a difference between single and dual therapy. Kaplan-Meier estimates and multivariate logistic regression analysis of recorded baseline characteristics was performed to determine predictors of amputation-free survival. Dual antiplatelet therapy was routinely given for 3 months.Results754 limbs were treated with primary angioplasty and/or stenting over a 7-year period, 508 of these for chronic limb threatening ischemia. There was no difference in unadjusted amputation-free survival between patients with chronic limb threatening ischaemia taking single vs. dual antiplatelet therapy (69% vs. 74% respectively Log rank Chi2 = 0.1, p = .72). After adjusting for confounders, at 1 year there was also no significant difference in amputation-free survival between patients taking single vs. dual antiplatelet therapy [OR 0.8, 95% CI 0.5-1.2, p = .3]. There was no difference in rates of major bleeding between single and dual antiplatelet therapy.ConclusionsThere was no clear evidence of reduced amputation-free survival in patients with chronic limb threatening ischemia undergoing peripheral arterial endovascular intervention being treated with dual antiplatelet therapy for 3 months. This is at odds with other retrospective case series and highlights the limitations in basing clinical practice on such data. There is a need for an adequately powered, independent randomised trial to definitively answer the question

The prospective kindergarten and elementary school teachers’ understanding of the ratio concept

Este artigo centra-se na compreensão que futuros educadores e professores dos primeiros anos de escolaridade evidenciam do conceito de razão. No estudo participaram 81 estudantes do 2º ano da Licenciatura em Educação Básica, de uma universidade portuguesa, aos quais foi aplicado um questionário, incidindo em quatro dimensões: significado de razão; usos do conceito de razão; representação simbólica de razão; e representações para explicação do conceito de razão. Em termos de resultados, as maiores frequências foram obtidas para a: ideia de razão como comparação/relação entre grandezas; crença em que o conceito de razão pode ser usado em contextos diversificados; crença em que pode ser representado através de operações envolvendo letras, números ou apenas os sinais das operações, quando é pedida a sua representação simbólica, e através de diagramas e representações gráficas, quando é solicitada a descrição da sua explicação. Estes resultados revelam fragilidades no conhecimento matemático dos estudantes, sobretudo no que se refere à definição do conceito de razão e às suas representações.This paper focuses on the prospective kindergarten and elementary school teachers’ understanding of the ratio concept. Eighty-one undergraduates preparing to become kindergarten and primary school teachers, in a Portuguese university, participated in the study. They answered to a questionnaire aiming at evaluating their understanding of the ratio concept based on four dimensions: meaning of ratio; use of the ratio concept; symbolic representations of ratio; and representations for explaining the ratio concept. As far as results are concerned, the highest frequencies were obtained for: the idea of ratio as a comparison/relationship between two magnitudes; the belief that this concept is used in several contexts; the belief that it can be represented through operations with letters, figures or operation signals, as in symbolic representations; and through diagrams and graphical representations, as in representations for explaining the ratio concept. The results show weaknesses in prospective teachers’ mathematical knowledge of ratio, namely with regard to its definition and representations.Este trabalho contou com o apoio de Fundos Nacionais através da FCT – Fundação para a Ciência e a Tecnologia no âmbito do projecto PEst-OE/CED/UI1661/2014 do CIEd-UM.info:eu-repo/semantics/publishedVersio

The long-term Illinois rivers fish population monitoring program 2014

This report presents a summary of those data collected during segment 26(2014-15) of the Long-term Illinois Rivers Fish Population Monitoring Program(LTEF), an annual survey executed by members of the Illinois Natural History Survey with funds administered by the U.S. Fish and Wildlife Service and the Illinois Department of Natural Resources. Sampling for the LTEF program was conducted on: six reaches of the Illinois River Waterway, six segments or pools of the Mississippi River, and navigable portions of the Iroquois and Kankakee Rives. In all segments of the LTEF program, all fish species collected were accurately identified, tallied, measured, and weighed. The catch rates of sportfish species were calculated as the number of individuals collected per hour (CPUEN± standard error). Structural indices [Proportional Size Distribution (PSD) and Relative Weight (Wr)] were also calculated for species of interest to regional managers. Catch rates and species richness varied greatly among all sampling locations and sampling periods. Emerald Shiners and Gizzard Shad comprised the majority of the individuals caught, and Silver Carp and Common Carp accounted for the greatest proportion of the biomass collected in most sampling areas of the survey. The analysis of CPUEN and PSD trends in sportfish populations sampled by the program may indicate inter-annual recruitment patterns in sportfish populations around the state. Both Shovelnose Sturgeon and Blue Catfish were the two species most commonly encountered in the gill net surveys.IDNR Division of Fisheries Project F-101-R, Segment 26unpublishednot peer reviewe

Engineering short, strong hydrogen bonds in urea di-carboxylic acid complexes

A series of seven 2:1 molecular complexes of urea (U) and methyl ureas with di-carboxylic acids (A) are reported, along with the results of their study by variable temperature diffraction. These all contain short, strong O-H⋯O hydrogen bonds and a recurring acid⋯amide heterodimer forming U-A-U synthons. Despite differences in the degree of saturation of the linking C-C groups of the di-carboxylic acids and the single or double methyl substitution of one of the N atoms of the urea, the packing arrangements are remarkably similar in five of the complexes; the exceptions being N-methylurea oxalic acid and N,N-dimethylurea fumaric acid. The five similar molecular complexes all show contraction of one unit cell parameter on increasing temperature due to rearrangements of the weaker interactions which hold together the U-A-U units. The strength of the short, strong O-H⋯O hydrogen bond is shown to be linked both to the length of the connecting bridge between the carboxylic acid groups of the acid, and to the ΔpKa values between the two components. This journal is © the Partner Organisations 2014.SCOPUS: ar.jinfo:eu-repo/semantics/publishe

Navigating Authoritative Discourses in a Multilingual Classroom: Conversations With Policy and Practice

Using Bakhtinian concepts of persuasive and authoritative discourse, this study reports on science and English language arts instructional practices in a multilingual, rural, fourth-grade classroom in Kenya. Situated in English as a medium of instruction (EMI) and through the use of case study, the study explores classroom discourse data to illustrate how teachers use instructional practices to reproduce, contest, or navigate prevailing institutional monolingual policies when mediating students’ access to literacy and content. By analyzing classroom discourse, the authors argue that restrictive language policies that aspire for fixity disconnect multilingual learners from their daily realities. In contrast, they call for a (re)construction of multilingual pedagogy that capitalizes on the strengths of learners, teachers, and linguistic communities by embracing students’ languages and language varieties in language learning and literacy development. In particular, implications are drawn for the use of EMI for emerging bilingual and multilingual learners. The authors identify the need to prepare teachers for a multilingual reality through legitimizing multilingual pedagogies such as translanguaging