Fraud on the Patent Office: A Source of Antitrust Litigation

Recent decisions of the Supreme Court of the United States in Walker Process Equipment, Inc. v. Food Machinery and Chemical Corp., and the Court of Appeals for the Sixth Circuit in American Cyanamid Co. v. Federal Trade Commission, holding that fraud on the Patent Office may give rise to a hazard of liability under Section 2 of the Sherman Act and Section 5 of the Federal Trade Commission Act, raise several questions. It is the function of this paper to inquire into Patent Office procedure as it relates to possibilities for fraudulent conduct, and then to consider the nature of fraud as it relates to the Patent Office and the evidentiary standards under both antitrust acts. Finally, the antitrust aspects of these decisions and possible actions that can be brought thereunder will be explored. At the outset a brief review of the development of fraud on the Patent Office will provide a basis for the more specific discussion which follows

Antitrust - Vertical Restraints of Territory and Customers - Section 1 of the Sherman Act

The United States Supreme Court, distinguishing between sales and agency transactions, has held that vertical territorial or customer restrictions of a manufacturer relative to a sale are per se violations and that restrictions incidental to an agency relation are subject to the rule of reason. United States v. Arnold, Schwinn & Co., 388 U.S. 365, 87 S. Ct. 1856 (1967)

Growing impact of wildfire on western US water supply

Streamflow often increases after fire, but the persistence of this effect and its importance to present and future regional water resources are unclear. This paper addresses these knowledge gaps for the western United States (WUS), where annual forest fire area increased by more than 1,100% during 1984 to 2020. Among 72 forested basins across the WUS that burned between 1984 and 2019, the multibasin mean streamflow was significantly elevated by 0.19 SDs (P 20% of forest area burned in a year, streamflow over the first 6 water years postfire increased by a multibasin average of 0.38 SDs, or 30%. Postfire streamflow increases were significant in all four seasons. Historical fire–climate relationships combined with climate model projections suggest that 2021 to 2050 will see repeated years when climate is more fire-conducive than in 2020, the year currently holding the modern record for WUS forest area burned. These findings center on relatively small, minimally managed basins, but our results suggest that burned areas will grow enough over the next 3 decades to enhance streamflow at regional scales. Wildfire is an emerging driver of runoff change that will increasingly alter climate impacts on water supplies and runoff-related risks

Effects of fluoxetine on functional outcomes after acute stroke (FOCUS): a pragmatic, double-blind, randomised, controlled trial

Background Results of small trials indicate that fluoxetine might improve functional outcomes after stroke. The FOCUS trial aimed to provide a precise estimate of these effects. Methods FOCUS was a pragmatic, multicentre, parallel group, double-blind, randomised, placebo-controlled trial done at 103 hospitals in the UK. Patients were eligible if they were aged 18 years or older, had a clinical stroke diagnosis, were enrolled and randomly assigned between 2 days and 15 days after onset, and had focal neurological deficits. Patients were randomly allocated fluoxetine 20 mg or matching placebo orally once daily for 6 months via a web-based system by use of a minimisation algorithm. The primary outcome was functional status, measured with the modified Rankin Scale (mRS), at 6 months. Patients, carers, health-care staff, and the trial team were masked to treatment allocation. Functional status was assessed at 6 months and 12 months after randomisation. Patients were analysed according to their treatment allocation. This trial is registered with the ISRCTN registry, number ISRCTN83290762. Findings Between Sept 10, 2012, and March 31, 2017, 3127 patients were recruited. 1564 patients were allocated fluoxetine and 1563 allocated placebo. mRS data at 6 months were available for 1553 (99·3%) patients in each treatment group. The distribution across mRS categories at 6 months was similar in the fluoxetine and placebo groups (common odds ratio adjusted for minimisation variables 0·951 [95% CI 0·839–1·079]; p=0·439). Patients allocated fluoxetine were less likely than those allocated placebo to develop new depression by 6 months (210 [13·43%] patients vs 269 [17·21%]; difference 3·78% [95% CI 1·26–6·30]; p=0·0033), but they had more bone fractures (45 [2·88%] vs 23 [1·47%]; difference 1·41% [95% CI 0·38–2·43]; p=0·0070). There were no significant differences in any other event at 6 or 12 months. Interpretation Fluoxetine 20 mg given daily for 6 months after acute stroke does not seem to improve functional outcomes. Although the treatment reduced the occurrence of depression, it increased the frequency of bone fractures. These results do not support the routine use of fluoxetine either for the prevention of post-stroke depression or to promote recovery of function. Funding UK Stroke Association and NIHR Health Technology Assessment Programme

Growing impact of wildfire on western US water supply.

Streamflow often increases after fire, but the persistence of this effect and its importance to present and future regional water resources are unclear. This paper addresses these knowledge gaps for the western United States (WUS), where annual forest fire area increased by more than 1,100% during 1984 to 2020. Among 72 forested basins across the WUS that burned between 1984 and 2019, the multibasin mean streamflow was significantly elevated by 0.19 SDs (P < 0.01) for an average of 6 water years postfire, compared to the range of results expected from climate alone. Significance is assessed by comparing prefire and postfire streamflow responses to climate and also to streamflow among 107 control basins that experienced little to no wildfire during the study period. The streamflow response scales with fire extent: among the 29 basins where >20% of forest area burned in a year, streamflow over the first 6 water years postfire increased by a multibasin average of 0.38 SDs, or 30%. Postfire streamflow increases were significant in all four seasons. Historical fire-climate relationships combined with climate model projections suggest that 2021 to 2050 will see repeated years when climate is more fire-conducive than in 2020, the year currently holding the modern record for WUS forest area burned. These findings center on relatively small, minimally managed basins, but our results suggest that burned areas will grow enough over the next 3 decades to enhance streamflow at regional scales. Wildfire is an emerging driver of runoff change that will increasingly alter climate impacts on water supplies and runoff-related risks

The role of noise in a predator–prey model with Allee effect

The existence and implications of alternative stable states in ecological systems have been investigated extensively within deterministic models. However, it is known that natural systems are undeniably subject to random fluctuations, arising from either environmental variability or internal effects. Thus, in this paper, we study the role of noise on the pattern formation of a spatial predator–prey model with Allee effect. The obtained results show that the spatially extended system exhibits rich dynamic behavior. More specifically, the stationary pattern can be induced to be a stable target wave when the noise intensity is small. As the noise intensity is increased, patchy invasion emerges. These results indicate that the dynamic behavior of predator–prey models may be partly due to stochastic factors instead of deterministic factors, which may also help us to understand the effects arising from the undeniable susceptibility to random fluctuations of real ecosystems