Analysis: In Apple vs. Samsung, alchemy of damages takes the stage

SAN JOSE, Calif (Reuters) - Between the hotshot designers and brainy engineers Apple Inc questioned for three weeks in the company's bitterly fought patent battle against Samsung Electronics Co Ltd, a marketing expert from MIT took Apple's lawyers all of three minutes.

But the testimony from MIT Professor John Hauser cuts to a central dilemma in the smartphone patent wars. What is a single nifty feature worth? Hauser's answer: exactly $39 per phone for a device that recognizes a second finger on the touchscreen.

If such features are deemed to be as valuable as Hauser suggests, a verdict in Apple favor's might represent more than just a big payout in damages. It could also prompt the judge to award Apple a much bigger prize: a sales ban on Samsung mobile products.

Nine jurors began deliberating Apple's intellectual property claims against Samsung on Wednesday in a federal court in San Jose, California. If they decide Samsung, which is the world's largest smartphone maker, violated any of Apple's patents - or vice versa - the next question is how, exactly, each company should be made to pay.

The answer lies in the alchemy of estimating damages in high stakes intellectual property cases, in which slight changes in assumptions are worth billions of dollars and individual judges vary widely on how they handle the testimony of paid expert witnesses.

Further complicating the issue is a recent appellate court ruling that threw out damages rules that had been on the books for decades.

"In some ways we're in uncharted territory here," said Thomas Cotter, a professor at University of Minnesota Law School who is not involved in the litigation.

Apple is seeking more than $2.5 billion and a sales ban based on small subset of features it claims are in great demand among consumers. A verdict in Apple's favor would put large swaths of the smartphone industry at risk of similar legal troubles.

SKEPTICAL JUDGES

Apple's arguments on the value of the "market demand" for its features are embodied in Hauser's study, which surveyed Samsung customers over the Internet. It is a central pillar on which the iPhone maker's damages case rests.

Some judges are skeptical of such surveys. Earlier this year Judge Richard Posner, in federal court in Chicago, dismissed litigation between Apple and Google's Motorola Mobility unit after lambasting damages studies prepared by both sides.

In an interview with Reuters last month, Posner distinguished between customer surveys conducted by companies in their normal course of developing products and those done for litigation.

"It's a lot less credible," Posner said.

In Apple's battle against Samsung, however, swaths of expert damages testimony from both sides have been allowed into evidence.

Patent damages used to involve a principle known as the 25 percent rule: if a company infringed a patent, it risked paying 25 percent of its profits to the patent owner - regardless of how marginal the technology was to the overall product. Critics blasted the rule for unfairly large awards, and it was overturned last year.

The change gave rise to surveys, like Hauser's, which attempt to move away from arbitrary percentages and tie patented features to real world consumer preferences, said Roy Epstein, a professional damages expert who has not worked for Apple or Samsung.

It is up to judges to decide which studies are fit for juries to see. Posner believes those that focus the consumer's attention on one technological feature, to the exclusion of thousands of others, can artificially exaggerate its importance.

In court filings unsealed during the run-up to trial, Hauser argued his study solves that problem by showing consumers different phones with varying features.

"A multi-feature task discourages respondents from guessing that the researcher is interested in a particular feature, which would, in turn, cause the respondent to believe that the researcher is 'demanding' a particular response," Hauser wrote.

Samsung did not seek to bar Hauser's testimony before trial, and U.S. District Court Judge Lucy Koh can consider it when mulling a permanent sales ban if the jury goes Apple's way.

BACK TO THE MONEY

Hauser believes smartphone users would be willing to pay $100 more for phones with multitouch and two other features. Cue Apple's key accounting expert, Terry Musika: based in part on Hauser's findings, Musika testified that Samsung should pay a royalty of $7.14 per phone on those three patents.

Combined with Apple's design claims --covering flourishes like rectangles with rounded corners - Musika gave the jury a scenario to award Apple a royalty of about $540 million. That amount would not slow down a global tech purveyor like Samsung.

Musika also handed the jury another option to compute Samsung's tab, based on the Korean company's profits, an approach that would ramp up the potential payday. Musika pegged Samsung's gross profit margins for the phones at issue in the lawsuit at 35.5 percent, or more than $2.2 billion.

Judges are allowed to bar experts based on problems with their methods. In Oracle's copyright battle against Google, for instance, U.S. District Court Judge William Alsup forced Oracle to rework its damages arguments more than once.

But while judges can bar an expert if they think his or her methods are bogus, they are supposed to let jurors sort out the assumptions. Samsung's expert, Michael Wagner, criticized Musika for failing to account for marketing, R&D and other costs that would reduce Samsung's profits. Wagner's scenario put Samsung's vulnerable profits at $519 million.

Patent damages expert Epstein said good experts only go so far when devising numbers for their clients.

"I tell them, I'm perfectly happy to consider any damages theory, but then I ask myself, What questions does such an approach raise?" Epstein said.

"If I don't have a principled answer, there's a line beyond which you can't go."

The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, No. 11-1846.

(Editing by Jonathan Weber, Edward Tobin and Leslie Adler)

Source: http://news.yahoo.com/analysis-apple-vs-samsung-alchemy-damages-takes-stage-195105246--sector.html

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Prostate cancer: Six things men should know about tomatoes, fish oil, vitamin supplements, testosterone, PSA tests

ScienceDaily (Aug. 22, 2012) ? When it comes to prostate cancer, there's a lot of confusion about how to prevent it, find it early and the best way -- or even whether -- to treat it. Below are six common prostate cancer myths along with research-based information from scientists at Fred Hutchinson Cancer Research Center to help men separate fact from fiction.

Myth 1 -- Eating tomato-based products such as ketchup and red pasta sauce prevents prostate cancer. "The vast majority of studies show no association," said Alan Kristal, Dr.Ph., associate director of the Hutchinson Center's Cancer Prevention Program and a national expert in prostate cancer prevention. Kristal and colleagues last year published results of the largest study to date that aimed to determine whether foods that contain lycopene -- the nutrient that puts the red in tomatoes -- actually protect against prostate cancer.

After examining blood levels of lycopene in nearly 3,500 men nationwide they found no association. "Scientists and the public should understand that early studies supporting an association of dietary lycopene with reduced prostate cancer risk have not been replicated in studies using serum biomarkers of lycopene intake," the authors reported in Cancer Epidemiology, Biomarkers & Prevention. "Recommendations of professional societies to the public should be modified to reflect the likelihood that increasing lycopene intake will not affect prostate cancer risk."

Myth 2 -- High testosterone levels increase the risk of prostate cancer. "This is a lovely hypothesis based on a very simplistic understanding of testosterone metabolism and its effect on prostate cancer. It is simply wrong," Kristal said. Unlike estrogen and breast cancer, where there is a very strong relationship, testosterone levels have no association with prostate cancer risk, he said. A study published in 2008 in the Journal of the National Cancer Institute, which combined data from 18 large studies, found no association between blood testosterone concentration and prostate cancer risk, and more recent studies have confirmed this conclusion.

Myth 3 -- Fish oil (omega-3 fatty acids) decrease prostate cancer risk. "This sounds reasonable, based on an association of inflammation with prostate cancer and the anti-inflammatory effects of omega-3 fatty acids," Kristal said. However, two large, well-designed studies -- including one led by Kristal that was published last year in the American Journal of Epidemiology -- have shown that high blood levels of omega-3 fatty acids increase the odds of developing high-risk prostate cancer.

Analyzing data from a nationwide study of nearly 3,500 men, they found that those with the highest blood percentages of docosahexaenoic acid, or DHA, an inflammation-lowering omega-3 fatty acid commonly found in fatty fish, have two-and-a-half times the risk of developing aggressive, high-grade prostate cancer compared to men with the lowest DHA levels. "This very sobering finding suggests that our understanding of the effects of omega-3 fatty acids is incomplete," Kristal said.

Myth 4 -- Dietary supplements can prevent prostate cancer. Several large, randomized trials that have looked at the impact of dietary supplements on the risk of various cancers, including prostate, have shown either no effect or, much more troubling, they have shown significantly increased risk. "The more we look at the effects of taking supplements, the more hazardous they appear when it comes to cancer risk," Kristal said. For example, the Selenium and Vitamin E Cancer Prevention Trial (SELECT), the largest prostate cancer prevention study to date, was stopped early because it found neither selenium nor vitamin E supplements alone or combined reduced the risk of prostate cancer. A SELECT follow-up study published last year in JAMA found that vitamin E actually increased the risk of prostate cancer among healthy men. The Hutchinson Center oversaw statistical analysis for the study, which involved nearly 35,000 men in the U.S., Canada and Puerto Rico.

Myth 5 -- We don't know which prostate cancers detected by PSA (prostate-specific antigen) screening need to be treated and which ones can be left alone. "Actually, we have a very good sense of which cancers have a very low risk of progression and which ones are highly likely to spread if left untreated," said biostatistician Ruth Etzioni, Ph.D., a member of the Hutchinson Center's Public Health Sciences Division.

In addition to blood levels of PSA, indicators of aggressive disease include tumor volume (the number of biopsy samples that contain cancer) and Gleason score (predicting the aggressiveness of cancer by how the biopsy samples look under a microscope). Gleason scores range from 2-5 (low risk) and 6-7 (medium risk) to 8-10 (high risk).

"Men with a low PSA level, a biopsy Gleason score of 6 or lower and very few biopsy samples with cancer are generally considered to be very low risk," Etzioni said. Such newly diagnosed men increasingly are being offered active surveillance -- a watchful waiting approach -- rather than therapy for their disease, particularly if they are older or have a short life expectancy.

"The chance that these men will die of their disease if they are not treated is very low, around 3 percent," she said. Similarly, such men who opt for treatment have a mortality rate of about 2 percent. "For the majority of newly diagnosed cases of prostate cancer, giving initial clinical and biopsy information, we can get a very good idea of who should be treated and who is likely to benefit from deferring treatment."

Myth 6 -- Only one in 50 men diagnosed with PSA screening benefits from treatment. "This number, which was released as a preliminary result from the European Randomized Study of Prostate Cancer Screening, is simply incorrect," Etzioni said. "It suggests a very unfavorable harm-benefit ratio for PSA screening. It implies that for every man whose life is saved by PSA screening, almost 50 are overdiagnosed and overtreated."

"Overdiagnosis" is diagnosing a disease that will never cause symptoms or death in the patient's lifetime. "Overtreatment" is treating a disease that will never progress to become symptomatic or life-threatening.

The 50-to-one ratio is based on short-term follow-up and "grossly underestimates" the lives likely to be saved by screening over the long term and overestimates the number who are overdiagnosed. "The correct ratio of men diagnosed with PSA testing who are overdiagnosed and overtreated versus men whose lives are saved by treatment long term is more likely to be 10 to one," she said.

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Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/living_well/~3/WvesvVAvzwQ/120822181238.htm

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The Things You Should Know About Cosmetic Surgery | Health and ...

Everywhere you look, the popularity of cosmetic surgery is ever present. The more medical technology changes, the more we are able to do with our appearance. If you are looking at cosmetic surgery in order to improve your looks, read further for some good tips and advice that will help you to make a more informed decision.

Think about the questions you would like to ask the cosmetic surgeon. You have to learn a great deal about any plastic surgeon before committing to going through a procedure with them. It is essential that your surgeon is board certified. Ask to see pictures of patients he or she has operated on. Inquire about the medications, recovery and procedure.

There may be some cosmetic surgeries that do not last as your body grows older. It is not too hard to find examples of people who are forced to deal with breast implants or botox treatments that were flawless a decade ago and look seriously out-of-place today. Try to have procedures that will look good when you are thirty and when you are sixty.

Make sure you take enough time for recovery after your surgery. Depending on the type of procedure that you do, you might need at least 4 weeks to recover. If you have a job, it important to take off enough time. Be careful not to overdo the things that you do while you are recovering.

You should know the type of care you will need after your surgery. This is important in order to make sure that you can plan not only for yourself, but also so that others can free up their time if you do require additional assistance.

Connect with those who have had the same kind of cosmetic surgery that you would like to have. By doing this you may discover information that your doctor failed to tell you. Ask about cost, how recovery was, what their final result was like and if they would undergo the surgery again if necessary.

Now you understand some of the pros and cons of cosmetic surgery. Undergoing such procedures can be a bit overwhelming, especially for the first time. You can enjoy the benefits of modern medicine by considering all the options you have to choose from nowadays

Source: http://healthandfitnesstoday.blog.volksfreund.de/2012/08/22/the-things-you-should-know-about-cosmetic-surgery/

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Medical Travel Club : Q&A ? Answers Archive ? Fast Cash Loans ...

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1888 Articles Home | Finance Articles | Automotive Safety Articles Finance RSS Fast Cash Loans ? No Waiting for Long Hours Author: Elizabeth S Article Tools: In life there is always need for more money. People want to fulfill all their desires so keep wanting more and more cash. But what about those people who do not have the finance. Those people take help from external forces like banks,Robe De Mariage pas cher, lending institutes and so on. Fast cash loans are a type of credit which supports you with monetary backing.

An amount from starting from ?80 up to ?1500 is lent to the applicant of the finance. The borrowed cash has to be given back to the lender with the due interest. The rate of interest could be higher than some other advances. In order to get good deals make sure to read up on the several lending establishments. That will help you make a good choice. 30 days are given to the borrower of the funds to repay the cash borrowed. The capital has to be paid back.

You can now say goodbye to long lines and crowded banks. For your finance to get sanctioned all you need to do if fill in online form. After filling the form you have to submit it to the lender. The lender will send you a verification e-mail. All the transactions are legitimate and no danger is involved at all.

These funds can be availed by people who are suffering from bad credit. It is available to all. They have to follow the same procedure and do everything in the same way. This advance has been formed in a very systematic way. Working people generally go for this finance. The funds are transferred fast and the reimbursement time matches their next payment time.

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Fast cash loans are a swift process. Now there is no need to for you to wait for long hours. This advance is obtainable within a few hours. There are various sources from whom you can ask for a cash credit. You have to make sure that you know all about the lender before filling the application form.

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Source: http://www.medicaltravelclub.com/qa/2012/08/fast-cash-loans-no-waiting-for-long-hours-article-finance-articles/

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What Is Cyber Liability, and Why Should You Care? : @ProBlogger

This guest post is by Matt Setter of?MaltBlue.com.

Recently, here on Problogger, I was discussing the topic of privacy breach notification and how it affects us as bloggers. The article looked at the protection of our site?s information and the potential impact that the loss of that information may have on the privacy of our readers and customers.

Today, I want to look at another, closely related, topic?cyber liability. The internet is an amazing medium, providing us an enormous amount of flexibility and affording us nearly the same opportunity as an organisation ten to 100 times our size. But unlike the days of old, the internet landscape is not what it once was.

Whereas in days gone by, we could pretty much write anything, anytime, for any reason, and either no one cared, or if there was a concern, the legal jurisdiction we fell in to was largely undefined or near-impossible to enforce. Fast-forward to 2012 and the law?s rapidly catching up, if it hasn?t already caught up.

Now I?m not saying for a moment that we are or should be careless, callous or unthoughtful individuals inconsiderate and unprofessional in our conduct. Quite the opposite: we?re professional in our approach, conduct, content, and more.

But from time to time, mistakes happen. There are people around who, potentially, don?t share our level of professionalism or may, justifiably, feel that we?ve wronged them.

However, as in my previous article on privacy breach notification, I don?t want to unnecessarily alarm you about these issues. I just want to take a minute or two to let you know about cyber liability, specifically about one key component of it, the infringement of intellectual property and discuss:

  • what it is
  • how it may affect you
  • what you can do about it, if you believe you may be at risk.

What is it?

The intellectual property aspect of cyber liability is quite similar to other fields, such as in computer software, academic papers, books, magazines, and other works. If we infringe on someone?s copyright or trademark, then we run the risk of having action taken against us by the other party to right what they perceive as a wrong.

If we, intentionally or otherwise, use a certain proportion of someone?s work as the basis for our own, we stand the risk that the aggrieved party may seek to take action against us.

Consider the following examples:

  • In 1990 music artist Vanilla Ice was sued for copyright infringement over his track ?Under Pressure?, by Queen and David Bowie. The track appeared on his album ?To the Extreme? but didn?t give credit to the original artists, nor did he seek their permission.
  • The Wall Street Journal reports that in 2008 blogger Shellee Hale was sued for remarks she made in forums relating to a software company. The article goes on to say that by 2007, 106 lawsuits had been brought against bloggers, up from 12 in 2003.
  • Lotus corporation claimed, in the case of Lotus Development Corporation v. Borland International Inc., that ?the structure of the menus by Borland was copyrighted by Lotus.?
  • Oracle is currently suing Google for $1 billion dollars in damages, alleging copyright infringement over the Java programming language, which Oracle acquired when by bought Sun Microsystems in 2010.

How can it affect you?

In this modern day and age, we?re no long just bloggers?we?re also publishers. And as such, we increasingly have some of the same legal exposures and responsibilities as more traditional publishers.

But it?s not all doom and gloom. A number of countries, including the United States and Australia have what are referred to as ?shield laws,? and these are increasingly being extended to include new media workers, such as bloggers.

Those living in countries such as the United Kingdom and other European nations are also, potentially, covered under the European Convention of Human Rights.

According to Out-Law.com, a shield law:

protects ?publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service? and a ?radio or television news reporter or other person connected with or employed by a radio or television station.?

However, checking your facts before you seek to be covered by one of these laws is critical, as Montana blogger Crystal Cox found out the hard way. She was sued by Obsidian Finance Group for $2.5 million and tried to invoke shield law protection.

However, during the hearing, the judge ruled that she was not covered by them because she lacked:

  1. any education in journalism
  2. any credentials or proof of any affiliation with any recognized news entity
  3. proof of adherence to journalistic standards such as editing, fact-checking, or disclosures of conflicts of interest
  4. keeping notes of conversations and interviews conducted
  5. mutual understanding or agreement of confidentiality between the defendant and his/her sources
  6. creation of an independent product rather than assembling writings and postings of others, or
  7. contacting ?the other side? to get both sides of a story.?

This goes to show is that although shield laws exist and appear to be becoming increasingly universal in their protection of bloggers and new media workers, they?re not universal yet. What?s more, they?re not a ?get out of jail free? pass, nor do they give us carte blanche to say whatever we want.

It pays to double-check the laws before attempting to use them.

What can you do about it?

To keep it simple, ask yourself the following questions and write down your answers to them:

  • Has what we?ve published infringed someone?s copyright?
  • Has what we?ve published infringed someone?s trademark?
  • Have we defamed someone?
  • Have we invaded someone?s privacy?
  • Have we misused confidential information?
  • Has someone in our forums posted material that does one or more of these things?
  • Has one of our members or staff made derogatory comments about a person or organisation?

Did you answer yes to any one of those questions? If you have, then it?s a good idea that you take action immediately about it so that you don?t fall foul of cyber liability laws. If you?re uncertain or would like professional advice, always remember to consult a legal expert.

Should we feel the need to do so, we can also take out insurance cover against legal action relating to cyber liability. An increasing number of insurers who will do this for us, including QBE and Trafalgar International.

However, looking at the list above, you can see that with a healthy amount of common sense and a professional editing process, we should have nothing to worry about.

Before anything gets published, bloggers should to continue to ensure that:

  • our content?s been checked to ensure that we haven?t plagiarised or wholly copied anyone?s work
  • if we make statements, we can and have backed them up
  • if we?ve used content, we?ve sought relevant permission to do so and cited its original sources
  • we have a fair usage policy in place for commenting on posts and participating in our forums, and that it?s enforced
  • even if we?re cheeky and attention-grabbing in the content of our sites, we?re not crossing the line and being derogatory or defamatory of anyone or organisation.

You could sum all this up in two words: being professional. If we?re professional and use common sense, I don?t see that we?ll have any serious problems. However, if you?re not sure, or you just want to double-check, take the time to seek professional advice.

Summing up

While there?s always been, and likely will continue to be, a low barrier to entry for online publishing, that doesn?t mean that we can disregard normal, professional, and civilised etiquette.

We need to ensure that when we?re publishing content online, we?re keeping a professional tone, especially as the web becomes increasingly intertwined in all aspects of our daily lives.

Have you ever been on the receiving end of threats of litigation regarding your blog? Do you often see sites infringing content?even your content? Share your experiences with us in the comments.

Matthew Setter?is a freelance writer, technical editor and proofreader. His mission is to help businesses present their online message in an engaging and compelling way so they?re noticed and remembered.

Source: http://www.problogger.net/archives/2012/08/22/what-is-cyber-liability-and-why-should-you-care/

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Factors Which Affect Health And Safety In The Workplace | Website ...

?

By Nigel J Welford

As a business owner you have responsibility to ensure your workplace meets the minimum standards as laid out in The Workplace (Health, Safety and Welfare) Regulations 1992. The Regulations also overlap with specific regulations that deal with Workplace Equipment, Working at Height, Manual Handling, Fire Safety Order and many others. This article discusses the factors which affect health and safety in the workplace.

Temperature and Ventilation

Workspaces that are enclosed need to be sufficiently ventilated. Most shops and offices have air conditioning so ventilation is not usually a problem ? although air conditioning introduces other issues. Everyone is different and, as such, some people are warm whilst others are cold. Specifying a standard temperature where everyone would be comfortable is impractical although it is expected that office environments should be at least 16 degrees centigrade and warehouses, or areas requiring physical activity, are 13 degrees or more. Although not often a problem in the UK, there are no maximum temperatures that need to be adhered to although most business owners will want their staff to be as comfortable as possible and productive so will take measures to reduce any high temperatures.

Lighting

Lighting levels must be suitable for the work activity taking place. Where general lighting can fail, backup /emergency lighting must be provided. Overall lighting levels, known as Lux Levels, vary from activity to activity and can range from 50 lux to 800+ for close detailed precision work. The HSE advise that local controllable lighting can lead to a reduction in stress levels and an increase in job satisfaction.

Workspace

All staff need their own personal space with sufficient area to work effectively and have freedom of movement. The HSE advise that sufficient space is 11 cubic metres when the floor, area behind and area above the worker is taken into consideration.

Workstation Design and Arrangements

If work is completed whilst sitting down, seating needs to be provided that is suitable and gives support to the lower back and legs. Reasonable adjustments should be made if the user is too short or too tall eg providing footrests or raising desks.

Floors and Staircases

Floors should be in good order with even, non-slippery surfaces. Staircases should be fitted with handrails and in many offices using handrails is now mandatory due to the number of slips, trips and falls that occur.

Cleanliness and Housekeeping

Workplaces should be kept clean and tidy with waste materials not allowed to build up and regularly removed. It should be possible to clean workplace environments including walls and ceilings and this takes place on a regular basis.

Doors and Gates

Doors and gates must be suitably constructed with appropriate safety devices and any glass meets the required BSI standards. Fire doors are to be kept closed when not in use and not propped open.

As a Business Owner you need to consider all the factors which affect health and safety in the workplace so can you confirm that all areas in your workplace are safe to use and in good working order?

Nigel J Welford is a qualified Health & Safety professional and believes in making health and safety as simple as possible whilst still being effective and meeting all the regulations. For his free report ?The Secret To How Health & Safety Can Improve Your Business And Profits: 7 Everyday Pitfalls To Avoid? from healthandsafetyintheworkplace

Source: http://traffic-generation-techniques.com/factors-which-affect-health-and-safety-in-the-workplace/

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Engadget's back to school guide 2012: portable audio

Welcome to Engadget's back to school guide! The end of summer vacation isn't nearly as much fun as the weeks that come before, but a chance to update your tech tools likely helps to ease the pain. Today, we're taking our audio with us -- and you can head to the back to school hub to see the rest of the product guides as they're added throughout the month. Be sure to keep checking back -- at the end of the month we'll be giving away a ton of the gear featured in our guides -- and hit up the hub page right here!

DNP Engadget's back to school guide 2012 portable audio

With all of the studying and on-campus traveling you're about to delve into, sometimes adding a bit of music to your step can spice up those mundane times in your daily routine. That's why we've rounded up a selection of portable speakers and headphones that'll not only help you rock out whenever the mood strikes, but also go a step further by letting you take phone calls without skipping a beat. It may not be audiophile-grade gear in the official sense, but it won't matter when you're enjoying good sound just about anywhere your smartphone-connected life takes you.

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Lao skull earliest example of modern human fossil in Southeast Asia

ScienceDaily (Aug. 20, 2012) ? An ancient skull recovered from a cave in the Annamite Mountains in northern Laos is the oldest modern human fossil found in Southeast Asia, researchers report. The discovery pushes back the clock on modern human migration through the region by as much as 20,000 years and indicates that ancient wanderers out of Africa left the coast and inhabited diverse habitats much earlier than previously appreciated.

The team described its finding in a paper in Proceedings of the National Academy of Sciences. The scientists, who found the skull in 2009, were likely the first to dig for ancient bones in Laos since the early 1900s, when a team found skulls and skeletons of several modern humans in another cave in the Annamite Mountains. Those fossils were about 16,000 years old, much younger than the newly found skull, which dates to between 46,000 and 63,000 years old.

"It's a particularly old modern human fossil and it's also a particularly old modern human for that region," said University of Illinois anthropologist Laura Shackelford,

who led the study with anthropologist Fabrice Demeter, of the National Museum of Natural History in Paris. "There are other modern human fossils in China or in Island Southeast Asia that may be around the same age but they either are not well dated or they do not show definitively modern human features. This skull is very well dated and shows very conclusive modern human features," she said.

No other artifacts have yet been found with the skull, suggesting that the cave was not a dwelling or burial site, Shackelford said. It is more likely that the person died outside and the body washed into the cave sometime later, she said.

The find reveals that early modern human migrants did not simply follow the coast and go south to the islands of Southeast Asia and Australia, as some researchers have suggested, but that they also traveled north into very different types of terrain, Shackelford said.

"This find supports an 'Out-of-Africa' theory of modern human origins rather than a multi-regionalism model," she said. "Given its age, fossils in this vicinity could be direct ancestors of the first migrants to Australia. But it is also likely that mainland Southeast Asia was a crossroads leading to multiple migratory paths."

The discovery also bolsters genetic studies that indicate that modern humans occupied that part of the world at least 60,000 years ago, she said.

"This is the first fossil evidence that supports the genetic data," she said.

The researchers used radiocarbon dating and luminescence techniques to determine the age of the soil layers above, below and surrounding the skull, which was found nearly 2 1/2 meters (about 8.2 feet) below the surface of the cave.

Researchers at Illinois used uranium/thorium dating to determine the age of the skull, which they determined was about 63,000 years old.

Research fellow Kira Westaway, of Macquarie University in Australia (who dated the soils around the famous "hobbit" fossil found on Flores Island in Indonesia in 2003), conducted the luminescence analyses. These techniques measure the energy retained in crystalline particles in the soil to determine how much time has elapsed since the soil was last exposed to heat or solar radiation. She found that the layer of soil surrounding the fossil had washed into the cave between 46,000 and 51,000 years ago.

"Those dates are a bit younger than the direct date on the fossil, which we would expect because we don't know how long the body sat outside the cave before it washed in," Shackelford said.

"This fossil find indicates that the migration out of Africa and into East and Southeast Asia occurred at a relatively rapid rate, and that, once there, modern humans weren't limited to environments that they had previously experienced," she said. "We now have the fossil evidence to prove that they were there long before we thought they were there."

The research team also included scientists from Universit? Toulouse III; the French National Center for Scientific Research, Paris; the Department of National Heritage, Lao PDR; the Institute of Geology, University of Strasbourg, France; the Louvre, Paris; the Illinois State Geological Survey, and the geology department, both at the University of Illinois.

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Journal Reference:

  1. Fabrice Demeter, Laura L. Shackelford, Anne-Marie Bacon, Philippe Duringer, Kira Westaway, Thongsa Sayavongkhamdy, Jos? Braga, Phonephanh Sichanthongtip, Phimmasaeng Khamdalavong, Jean-Luc Ponche, Hong Wang, Craig Lundstrom, Elise Patole-Edoumba, and Anne-Marie Karpoff. Anatomically modern human in Southeast Asia (Laos) by 46 ka. Proceedings of the National Academy of Sciences, August 20, 2012 DOI: 10.1073/pnas.1208104109

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Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/-0o151U4vys/120820152204.htm

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