Legal scope again

According to 35 USC § 271 (a):

Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

A petition for a writ of certiorari, dealing in part with the semantic interpretation of this sentence, is now pending before the Supreme Court. The critical question is how to interpret the adverbial adjunct "within the United States" as applied to the phrase "offers to sell". Does it constrain the location of the offering, or the location of the selling, or perhaps both?

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Buckwheat noodles enema and other delectables

Coming off our "Dynamic stew" high, it is a bit of a letdown to encounter "buckwheat noodles enema" on the menu of a Shanxi restaurant in Beijing.

Fuchsia Dunlop introduces us to this and other exotic delicacies in her "Fancy a buckwheat noodle enema?"

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The Gladwell pivot

Below is a guest post by Mark Seidenberg on Malcolm Gladwell's recent book, David and Goliath, which promotes the idea that apparent disadvantages are often actually advantages, and in particular suggests that dyslexia might be Good For You.


This piece is commentary on a chapter about dyslexia in Malcolm Gladwell’s latest book. I don’t follow his work closely, and the book is being reviewed and critiqued everywhere, but I thought the chapter merited a response from somebody, like me, who studies dyslexia and works with local advocacy groups for dyslexics and their families. The chapter deserves s a line-by-line analysis; what I’ve written only mentions the main issues. The document incorporates several key points that were handed to me by Maryellen MacDonald, for which I thank her, a lot.

__________________________Mark Seidenberg
__________________________Language and Cognitive Neuroscience Lab
__________________________University of Wisconsin-Madison

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Prospective aspect

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The multilingual name of a Taiwanese baseball team

In Tainan, Taiwan, there's an amateur sports team that calls itself the Yěqiú rén bàngqiú duì 野球人棒球隊, the English version of which is "Yakyuman Baseball Team"

Here's their Facebook page.

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Dynamic stew

A Korean restaurateur, trying to make his menu more accessible for foreign customers, came up with bewildering English translations of some dishes.

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Freedom for Q

Yasmine Seale discusses the (legendary and real) history of the Turkish alphabet: "Q v. K", LRB Blog, 10/16/2013. I was interested to learn that this version of Mustafa Kemal Atatürk's signature, actually designed by the Armenian calligrapher Hagop Çerçiyan, is "one of the most popular tattoos in Turkey":

There are some famous American signatures, but I've never seen any of them used as a tattoo.

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English tips from Li Yang, noted wife-beater and pedagogue

Crazy English: crazier than you imagined!

An anonymous tipster sent me this photograph taken in a washroom at the Kunming Airport:

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Cannibal Cupertino

Sent in by Molshri Ezekiel via David Donnell:

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Speaker-change offsets

In Meg Wilson's post on marmoset vs. human conversational turn-taking,  I learned about Tanya Stivers et al., "Universals and cultural variation in turn-taking in conversation", PNAS 2009, which compared response offsets to polar ("yes-no") questions in 10 languages. Here's their plot of the data for English:

Based on examination of a Dutch corpus, they argue that "the use of question–answer sequences is a reasonable proxy for turn-taking more generally"; and in their cross-language data, they found that "the response timings for each language, although slightly skewed to the right, have a unimodal distribution with a mode offset for each language between 0 and +200 ms, and an overall mode of 0 ms. The medians are also quite uniform, ranging from 0 ms (English, Japanese, Tzeltal, and Yélî-Dnye) to +300 ms (Danish, ‡Ākhoe Hai‖om, Lao) (overall cross-linguistic median +100 ms)."

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The Slants v. the USPTO


Kat Chow, "Asian-American Band Fights To Trademark Name 'The Slants'", NPR codeswitch 10/20/2013:

The Slants, a six-member band from Portland, Ore., calls their sound "Chinatown Dance Rock" — a little bit New Order, a little bit Depeche Mode. They describe themselves as one of the first Asian-American rock bands. Their music caters to an Asian-American crowd, they've spoken at various Asian-American events, and they're proud of all of it.

But the Slants have been duking it out with the United States Patent and Trademark Office (PTO) over the past four years because of their name. The PTO refused the band's two trademark applications, saying that "slants" is a disparaging term for people of Asian descent. Now the band plans to take their case to a federal circuit court.

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Marmoset conversation

This is a guest post by Margaret Wilson.


Turn-taking is fundamental to human conversation, so the question of whether it occurs in other social animals is extremely interesting. A new paper on turn-taking in marmoset monkeys (Takahashi et al., "Coupled Oscillator Dynamics of Vocal Turn-Taking in Monkeys", Current Biology, 2013) is to be applauded for tackling this issue.

Unfortunately, though, it is not clear that their data demonstrate turn-taking in any sophisticated sense: specifically (and this is the sense embraced by the authors), entrainment of timing mechanisms between two individuals to regulate the passing of the turn. They begin by asking, "Is this a simple call-and-response (‘‘antiphonal’’) behavior seen in numerous species, or is it a sustained temporal coordination of vocal exchanges as in human conversation?" They conclude that they have shown the latter, but, on my reading, all their data is compatible with simple call-and-response. What seems to be going on is that the authors have failed to appreciate just how weird human turn-taking is.

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Linguistic change on a short time scale

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