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Statistics indicate that food borne illness continues to be a health issue in the United States. Each year, 1 in 6 Americans will become sick, 128,000 will become hospitalized, and 3,000 will die due to a food borne illness. If under the Texas Department of State Health Services (DSHS) jurisdiction each food establishment is required …
Tag Archive: food handling
Apr 29 2013
Professional Food Manager Certification slated
Tags: certification, clean, clean utensils, controlling pests, cross-contamination of food, customer satisfaction, Dee Lee Smith, DSHS, equipment, Extension Auditorium, food, food borne illness, food establishment, food handling, food manager, food safe, food safety, Food Safety: It's Our Business, food service, food services, foodservice, government regulations, Gregg, gregg county, hazardous foods, health, health issue, health officials, lost wages, manager certification, medical bill, personal hygiene, pests, Professional Food Manager, Professional Food Manager Certification Training, regulations, resaraunt, restaurant, safe, Texas A&M AgriLife Extension, Texas A&M AgriLife Extension Service, Texas Department of State Health Services, wage, wages
Permanent link to this article: http://www.easttexasreview.com/professional-food-manager-certification-slated/
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FORT WORTH -- For years, neglect dotted the streets in southeast Fort Worth. Developers skipped the neighborhood, but now they are seeing opportunity.
The area is Fort Worth Councilwoman Kelly Allen Gray's home turf. She grew up here and now represents the district.
"To actually see this project come to fruition, it's amazing," Gray said.
The reason for Gray's excitement is the opening of the new Walmart Supercenter on East Berry Street, near Highway 287. The store is the anchor of Renaissance Square, a shopping center that's already making an impact.
"Walmart has 300 employees and most of those employees come from southeast Fort Worth, and with everything else that's coming, it's going to multiply that number," Gray said.
A Ross, Marshalls, Rue 21, Shoe Carnival and other retailers will join Walmart in the following months. By October, the shopping center is expected to be complete.
Friday's grand opening is at 7:30 a.m., and the store will open to the public after the ceremony.
E-mail email@example.com

subset: commoncrawl


text:
Aquarium MaintenanceKeeping an aquarium clean is easy if you have the right tools. We have everything you'll need to keep your glass algae free and your substrate vacuumed. We have dozens of algae scrapers, algae magnets and gravel cleaners to help you maintain a sparkling tank. We also carry a large variety of cleaning brushes for your filters and pumps.
Mag-Flip 100 Scraper BladeRead 5 Reviews FROM ONLY$7.99
Mag-Flip 100 Scraper Blade For Acrylic Aquariums$7.99


text:
Hot Flashes
2 providers are found.
Jayne R Charlamb, MD, FACP, IBCLCJayne R Charlamb, MD, FACP, IBCLC
315 464-8224
Location: Syracuse
Hospital Campus: Downtown
Department: Surgery
Diseases/Specialties/Treatments: Hot Flashes; Internal Medicine; International Board Cert. Lactation Consult.; Breast Disease; Breast Infection; Breast Mass; more
Treats: Adults and Children
Education: University of Rochester
Heather M Shannon, MS, CNM, NP, MPHHeather M Shannon, MS, CNM, NP, MPH
315 492-5875
Location: Syracuse
Hospital Campus: Community; Downtown
Department: Obstetrics and Gynecology
Diseases/Specialties/Treatments: Hot Flashes; Midwifery; Gestational Diabetes; Heavy or Extended Menstrual Bleeding; Labor and Delivery; Menopause; more
Treats: Adults


text:
Sure, it sounds like a self-effacing metaphor gone off the tracks. No, there's no punchline, and yes, it's pretty cool. Ward Shelley and Alex Schweder are currently living and working 24 hours a day in their "architect performed building" shaped like a 25-foot hamster wheel. The two artists, who have been collaborating on large-scale installations since 2007, will inhabit "Orbit" until March 9 and o view through April 5 at The Boiler in Brooklyn.
With all necessary furniture fixed around (and often through) the huge wheel, one person maintains life on the inside while the other occupies the upper/outer part of the ring. They use tandem movement around the wheel in order to change task, whether sleeping, working or staying physically active.


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Vanderbilt is tied with South Carolina 10-10 at the half in Nashville despite finding a way to squander two colossal breaks on first quarter Gamecock turnovers. Carolina quarterback Connor Show left the game late in the second quarter with after a head-first slide with what's been officially called a shoulder contusion. Former Heisman dark horse Marcus Lattimore returned to his frightening form for a single play on a 29 yard touchdown run, but has been limited to 37 yards on his 11 other carries.
Despite the return of Lattimore from ACL surgery and Shaw's apparent game-ending injury, the story has been Vanderbilt's inability to capitalize early and their subsequent comeback. Following a failed fourth down conversion on the game's opening drive, Lattimore fumbled the ball on South Carolina's first play from scrimmage, setting up the Commodores on the South Carolina 44-yard-line. Vandy would punt, but regain control when Shaw's first pass of the night was picked off by free safety Kenny Ladler, who jumped the route as Shaw stared down receiver Bruce Ellington.
Commodores quarterback Jordan Rodgers would hand momentum right back, throwing a lob pass off his back foot that was intercepted by SC's Shaq Wilson at the Carolina 14-yard-line. Lattimore would score two plays later. Vanderbilt would cut a 10-0 lead when Rodgers would hit Jordan Matthews for a 78-yard touchdown.
Shaw was only 3-of-6 passing for 23 yards, but worked effectively on keepers and the speed option (59 yards rushing on nine carries). Rodgers is 8-of-13 for 164 yards, one TD and one INT at the half.
Stick with this StoryStream for injury updates, scores and more from the South Carolina's game against Vanderbilt. For all things South Carolina, head over to Garnet and Black Attack. For Vanderbilt's perspective, check out Anchor of Gold. And for complete coverage of all college football action from across the NCAA, head to SB Nation's college football hub.


text:
- Why Colby?
- Request Information
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By Alicia Macleay '97
There is no "typical girl," says Lyn Mikel Brown, associate professor of education and human development and women's studies, and co-founder of the nonprofit organization Hardy Girls Healthy Women. Just as plants have different needs depending on where they grow, she says, girls have different needs depending on whether they live in rural or urban communities, are well off or homeless, are white or of color.
Through Hardy Girls Healthy Women, Brown, along with co-founders Karen Heck '74 and Lynn Cole, is creating "hardiness zones" in central Maine-places where girls can explore, have fun and feel safe trying new things, whether it's learning African dance movements or using a power drill to make a birdhouse.
Because girls quietly tend to internalize their troubles, they need places where they can express the full range of their feelings, criticize the status quo and be supported, says Brown.
"You don't see girls going into high schools with machine guns," Heck said. "But they are cutting themselves, starving themselves."
Many groups tackle specific cultural issues and pressures that adolescent girls grapple with such as depression, body image and sexual violence. However, Hardy Girls Healthy Women believes in looking at the whole girl and her relationships, the gender, class and race systems she encounters and the society in which she comes of age.
Prior to forming the nonprofit in 2000, Brown, Heck and Cole had each worked extensively on issues of girls' physical and social development in research, nonprofit administration, activism or support services. In 1999 the trio was asked by a local fund to create the first annual Girls Unlimited! conference for fifth through eighth grade girls. More than 100 girls participated, and by 2000 "we wanted to devote more than one day a year to girls," said Heck. Hardy Girls Healthy Women was formed. "It was a perfect coming together," said Brown of their expertise and shared commitment.
The organization's holistic approach means addressing social issues specific to central Maine, like isolation, poverty (scholarships are available for those who can't afford the conference's five-dollar fee) and lack of opportunity to connect with diversity or national and global issues.
In addition to the Girls Unlimited! conference the nonprofit now holds Hardy Girls Saturdays for small groups of girls to explore cultural and art topics. In November five Skowhegan middle school girls, members of their school's civil rights team, went on a retreat with girls from the Penobscot Nation. Near the end of the day, the Skowhegan girls initiated a discussion on their Indian mascot with the Penobscot participants and left the retreat adamant for change. "Hardiness zones give girls space where they can raise issues that are controversial," said Brown.
Hardy Girls Healthy Women also sponsors a fifth- and sixth-grade girls' basketball team through Waterville Parks and Recreation, educates the community through a free film and discussion series at Waterville's Railroad Square Cinema and holds a women's luncheon lecture series.
In four years the Girls Unlimited! conference has grown to a capacity crowd of 150. This spring's conference, "Creating the World You Want," included a "Just for Moms" program, along with 12 workshops for girls. In addition to sessions on science and drumming, a "Writing Poems, Writing Selves" workshop was led by Elizabeth Sagaser (English), and Claire Prontnicki (library) helped girls examine popular song lyrics and rewrite negative portrayals of girls or women.
"We want to start discussions about what's real," said Heck. "They're not nuts if they don't look like models, or if they don't want to look like models."
In addition to expanding programming, the nonprofit's initial focus is on building a strong foundation, drawing directly from Heck's and Cole's previous nonprofit administrative experiences. With the help of a challenge grant last fall, Hardy Girls Healthy Women is working towards a community resource center and eventually hopes to hire a staff person and build an endowment.
"There's a lot of support for kids in Waterville, especially with the Alfond Youth Center and Colby participation," said Brown, who grew up in blue collar Maine. "Creating relational hardiness zones in our communities and state is about preparing a garden for all variety of girls so they can bloom."
For more information about Hardy Girls Healthy Women, visit www.hardygirlshealthywomen.org.
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Plight of cancer patients dealing with loneliness (From Bradford Telegraph and Argus)
Get involved: send your pictures, video, news and views by texting TANEWS to 80360, or email
Plight of cancer patients dealing with loneliness
10:00am Saturday 22nd February 2014 in News By Rhys Thomas, T&A Reporter
A Bradford pensioner who beat cancer has told of the isolation she experienced as a result of suffering from the disease.
Doreen Watt said she barely left the house for two months as she struggled with the emotional impact of her lung cancer, which was diagnosed early last year.
The 67-year-old, of Bannockburn Court, Bierley, was speaking as Macmillan Cancer Support revealed the results of research carried out by Ipsos Mori, which showed the detrimental impact of being lonely on the lives of people living with cancer.
It claimed that 24 per cent – about 16,000 – of people with cancer in West Yorkshire were suffering with loneliness as a result of their illness, leaving many housebound and unable to feed themselves.
Mrs Watt, who is divorced and not in contact with her two sons, said: "I had keyhole surgery to remove a third of my lung and was in hospital for almost a week.
"I live alone, so initially I stayed with family, but I felt I needed to be back in my own house. When I got home, I felt very isolated and lonely and lost my confidence. I didn't want to get out of bed in the morning, I didn't feel like cooking or doing jobs round the house – I didn't have the motivation to do anything."
The research compared the experiences of cancer patients who said they felt lonely since their diagnosis, with those who weren't lonely.
It claimed lonely patients were more likely to drink more alcohol than usual, were five times more likely to have not left the house for days, and had problems sleeping.
They were also more likely to skip meals or have a poor diet, with some saying the reason was because they couldn't afford food.
Mrs Watt said friends and family kept in regular touch by phone and would call in to see her and take her shopping.
She added: "I put on a brave face when I was around people and did enjoy their company. I didn't want to burden them though by talking about how I felt."
Mrs Watt had support from a lung cancer nurse in Bradford who put her in touch with a cancer support group in the city where she found comfort. Here she had met other people affected by cancer.
She said: "I started to make myself leave the house more by going out for a walk, as it was good therapy for my recovery. My lung nurse told me about a support group, so I decided to go along. I must have looked like a rabbit in the headlights when I arrived, but it has been a massive help and I'm starting feel like I'm getting my confidence back."
Ciaran Devane, chief executive at Macmillan Cancer Support, said: "Loneliness is blighting the lives of hundreds of thousands of cancer patients in the UK. It's hard enough for people being hit with the devastating news that they have cancer, without having to suffer the effects that being lonely brings. It's heartbreaking to think of people struggling to eat or leave the house because they have been abandoned and left to deal with cancer alone."
"This is a growing problem which is only set to get worse as the number of people diagnosed with cancer doubles from two to four million in the next 20 years. Macmillan provides a range of services that are a lifeline to people affected by cancer. But we simply can't help everyone who needs us now, let alone those who will need us in the future, so we need more donations and support."
Contact Macmillan on 0808 8080000. To make a donation or find out about volunteering, visit macmillan.org.uk.
Comments are closed on this article.


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Serene Luxury on the Quiet End of Ft. Myers Beach in Fort Myers Beach
- bedrooms 2
- baths 2
- sleeps 6
- pool yes
- hot tub no
- pets allowed no
- type Condo
- community Carlos Pointe Beach
rates (USD)
/ week
$ 2,750 - $ 6,400 / month
vacation rental description
Completely furnished 2BR/2Bath condominiums with screened lanais overlooking the beach on the Gulf of Mexico and Lovers Key. Located on the quiet, south end of Estero Island, Ft. Myers Beach, Florida. Huge beach with shelling, surf fishing, sand sculpting and much more. Close to shopping, entertainment, restaurants. Easy to reach from SW Intl Airport and I-75.
vacation rental location
property availability
- dates with deals
- unavailable dates
Last modified on 09-4-2008 at 7:59 AM.
email owner view full calendar
Richard L. Thompkins, Realtors
condo rental amenities
We have 20 beautiful condos DIRECTLY ON THE BEACH on the quiet, south end of Ft. Myers Beach!!! Each unit has a private screened balcony directly overlooking the beach. There is a washer and dryer in each unit. Heated swimming pool, rec room, great BBQ area with gas grills, community room with WiFi, extra laundry facilities, telephone, cable, TV, A/C, microwave. Each unit is owned by a private family and is uniquely furnished, so no two are alike. All are very nicely decorated and equipped. WiFi is available in most all units. Free open parking, two security entries and elevators. Pictures are of a typical unit. Additioonal pictures of each condo are available.
activities and attractions in Fort Myers Beach Gulf Coast South
Swimming, shelling, sunbathing, ping-pong, horseshoes, BBQ on site. Fish from the beach!
Parasailing, jet ski & boat rentals, sunset & sightseeing cruises, casino cruises, golf, tennis all nearby. Lots of restaurants and shopping, too.
vacation rental rates
$1,600-$1,800 per Week, Mid-Jan thru mid-April.
$750-$1,000 per Week, mid-Apri thru mid-Nov.
$1,200 per week mid Nov. thru mid-Jan.
(Actual dates and prices subject to change)
(Prices do not include taxes and cleaning, which will be added)
Richard L. Thompkins, Realtors
accepted payment methods
Prior to paying a reservation deposit, always verify payment instructions by calling the phone number displayed on this listing page. By contacting the owner directly and paying by an approved method - credit card, paypal, check or bank transfer - your reservation payment will be protected up to $1,000.Learn more in our Security Center


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FORT STEWART, Ga. (AP) - Authorities are investigating after a man was found dead at a campsite on Fort Stewart.
Fort Stewart Public Affairs Officer Kevin Larson says the man's body was found Saturday at Holbrook Pond. The campsite is about five miles from the main post area and is popular with military personnel and retirees.
Larson says investigators were still working Sunday to identify the man, who appeared to be about 22 years old.
Larson says the ongoing investigation was being handled by the U.S. Army Criminal Investigation Command. He said he couldn't release any further details.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Another Georgia parent has sued his children's school district over guns. The lawsuit is directed at Fulton County schools.
25 FOX DriveDedham, MA 02026
Phone (781) 467-2525


text:
Pond PumpsWe have a wide variety of pumps for your pond including, external pumps, submersible pumps as well as replacement parts. A good selection from popular manufacturers such as Danner, Hagen-Laguna, Reeflo, Tetrapond and W. Lim Corp.
Little Giant Solids-Handling PumpWhen it comes to an aquarium system , the pump truly is the heart of the system. By heart means we are talking about not just the central piece of equipment, but also the actual analog to the human heart. It moves water from one ...FROM ONLY$268.11


text:
Digital media solutions specialists Projected Image Digital has been appointed as the exclusive re-seller for High End Systems' Catalyst digital media server software as well as an authorised Apple Limited reseller.
This will enable PID to continue offering the most cost-effective, highly flexible digital media packages to lighting designers and visual artists working in all areas of entertainment, leisure, and the arts.
PID has established itself as the UK's foremost solutions-based digital media service over the last two years. The latest deals with High End and Apple enable PID to offer the very latest software-only versions of Catalyst, together with an exciting array of new and innovative features and the best playback hardware at highly competitive prices. PID can provide various software versions either as software-only, or as part of a complete system, tailored exactly to client requirements. The latter includes the Apple MAC computer, SCSI hard drive, hot-rodded video card, flight-case and video distribution hardware. All systems are provided along with PID service, including complete training, a manufacturer's warranty, plus 24/7 telephone support.
All customers are also offered access to the extensive and constantly expanding PID Digital Content Library, that includes dynamic industry-standard ranges from Beacon, Amorphous and E-Pok, along with new 'real action' content from Fractured Pictures and Digital Vision'.
High End System's UK sales director David Linger comments "PID was the obvious choice for us for Catalyst in the UK. Their experience in the digital market is unsurpassed, and the support and training on the product has already proved invaluable. Combined with PID's new Apple Dealer status, it will ensure that everything is available for the customer's digital requirements – be it an off-the-shelf or a full customised solution. I look forward to a close collaboration in the future."
For more information, go to www.projectedimagedigital.com.


text:
Must-Read Books for Software Engineers
- Reference Books
These Robert C. Martin and Gang of Four books are very fundamental OOP resources for every software engineer.
- Coding Perfection
These Steve McConnell, Robert C. Martin and Joshua Bloch books are very helpful with increasing your coding skills.
- Refactoring and Patterns
Refactoring and patterns are very important issues of OOP, which brings quality and maintainability. These Martin Fowler and Joshua Kerievsky books are maybe the best references about this issue.
- Pragmatic Programming
Andrew Hunt's and David Thomas's "pragmatic" approach to programming brings very important viewpoints to software engineering.
(Note: Opinions expressed in this article and its replies are the opinions of their respective authors and not those of DZone, Inc.)


text:
Solid-State Lighting: Highlighting Indoor Applications
On Demand Training
1.5 hours
FEMP First Thursday Seminars provide training for Federal energy and environmental professionals. Leading experts address timely topics in 90-minute sessions, offered live via satellite or through streaming video at your desktop.
Register now to learn about new solid-state and LED lighting developments, with an emphasis on indoor and troffer applications. Participants will learn about best practices to upgrade existing lighting and install new lighting, as well as Federal priorities and tools and resources for success.
This seminar will teach:
- new design considerations and protocols when installing indoor and troffer lighting,
- current standards, specifications, and testing (CALiPER) for LED products,
- LED life span and maintenance, including life cycle costs and payback periods,
- techniques to measure best performance in quality and efficiency, and
- Federal and industry resources to help select technologies and speed their installation.
FEMP CEUs awarded upon successful completion of a multiple choice assessment.
This First Thursday Seminar is hosted on the Whole Building Design Guide (WBDG) learning management system. To take the course, click the Start button below. Then log into the WBDG system to launch the course and take the multiple choice assessment. Students will earn .20 IACET CEUs upon successful completion of the course and assessment.
Date recorded: April 4, 2013
- Jeff McCullough, Senior Research Engineer, Pacific Northwest National Laboratory. Read bio.
- Naomi Johnson Miller, Engineer, Pacific Northwest National Laboratory. Read bio.
|Take the Training
|After the Training
|Sign into the WBDG to take quiz and get certificate
For more information, contact Joe Konrade.
Related Courses
You might also be interested in the following course(s):
Advanced HVAC in High-Tech Buildings - Data Centers
This course covers the best known methods for reducing the energy-intensity of data centers by utilizing server-virtualization, optimizing the temperature within the data center, selecting energy-efficient cooling options, how to arrange server racks and aisles and many other efficiency opportunities. It emphasizes the need for server administrators to work with, rather than independent of facility operators.
Advanced HVAC in High-Tech Buildings - Laboratories
This course addresses the six areas that are most responsible for energy waste in laboratories including the air handling systems and fume hoods and provides numerous suggestions for reducing energy use.


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Your dog will love playing fetch with the KONG Air Dog Squeaker Spinner! The Spinner is covered with the same safe and tough KONG tennis ball material that makes all Air KONG toys great. Its unique shape gives it a crazy, erratic bounce that your dog will love to chase, and it's got a squeaker in every bite to make fetching even more fun! It floats, so it's a great toy for the lake or the pool, too. Toss it, fetch it, tug it, squeak it: take it for a spin!
We suggest that all play be supervised.
Brand: KONG
Made in China
Medium: 5 1/2 inches long and 2 3/4 inches high.
Large: 7 inches long and 3 1/2 inches high


text:
Don't hold out much hope for Joe Nathan pitching in 2010, Twins fans.
Will Carroll of Baseball Prospectus tells SBNation's Twinkie Town that avoiding surgery would be a "miracle":
Look, you're not "shutting him down." He's got a sprained UCL and in all likelihood will need Tommy John surgery if he intends to pitch again. If Nathan has the surgery now
-or in two weeks, that timeline really doesnt change much — then he'll be throwing by this time next year. Ready to close? I don't know. Billy Wagner isn't a great comp, but he was back a bit under a year later. Having Nathan ready to pitch in December is irrelevant – it's having him ready next April. Just look how long it took Neshek to come back and he's not even all the way back.
Joe Nathan's Town UCL: Questions for the Injury Expert, Will Carroll – Twinkie Town


text:
IESB has this latest trailer for Over Her Dead Body starring Paul Rudd, Eva Logonorrhea Parker, and Lake Bell. At first when I read that, I was sad, because Eva Longoria has that effect on people. But then she got crushed by an ice angel in the first 10 seconds. Okay, better, closer, warmer…
It appears that Eva Longoria plays some sort of really annoying ghost cockblocker. I just know she made this as some kind of cautionary tale directed at her new husband, Tony Parker. The only thing I have to say is, Tony? It's just a movie, man, do what you gotta do. (Opens February 1st)
I want more like this!
Follow us on Facebook and get the latest before everyone else.


text:
The invention relates to an imaging device that can be used for conventional nuclear medicine, PET, and CT imaging. This invention would result in a considerable improvement in the image quality and quantitation accuracy over current PET and SPECT systems. It uses a novel detector configuration that will yield higher energy and position resolutions, and better sensitivity.
Using the novel detector configuration and photon detection technique, it is expected that the Signal-to-Noise (S/N) ratio will be substantially better than with conventional PET technology, allowing scanners that utilize this invention to significantly outperform existing PET devices. This should result in increased detectability and quantitation accuracy, which will reduce the acquisition time and/or patient's injected activity.
With a considerable increase in sensitivity and resolution over existing PET and SPECT systems, the specific benefits of this technology include:
There were roughly 1.52 million PET and PET/CT procedures conducted during 2008 in the U.S. alone, an increase of nearly 35 percent from 1.13 million procedures in 2005. This widespread adoption of PET and PET/CT scan technologies is a good indication of the marketplace potential for an innovative imaging device that offers better results more cost efficiently.
Nuclear medicine, PET, and CT imaging
Monte Carlo simulations being conducted
Sadek Nehmeh, PhD


text:
I am working on some streaming audio code and noticed that in one of Nokia's examples, only the iChannels and iSampleRate members of the TMdaAudioDataSettings are initialised before calling CMdaAudioOutputStream::Open().
However, what of the other fields in this structure? Are they ignored or should they be set to zero?
Thanks in advance for any answers.


text:
Dolly, the fourth named storm of the 2014 Atlantic hurricane season, is expected to make landfall in Mexico.
Montgomery Police have made an arrest in connection with the shooting Thursday, that left a 7-year-old boy caught in the cross fire. It happened in Gibbs Village East near the intersection of Crossway Street and Hilldale Drive.
Police have charged 23-year-old Marquaries Williams with one count of second degree assault following the shooting incident.
Around 4 p.m. the 7-year-old victim was struck during an exchange of gunfire between the supsect and additional individuals. He is reported to be recovering well.
Officials say this investigation is ongoing and additional arrests are expected.
Williams has been transported to the Montgomery County Detention Facility where he is being held under a $7,500 bond.
Six-year-old resident Michael Cole says he and his relatives were outside playing in the yard when all of a sudden two men started shooting. Michael said the incident makes him sad and he wishes he lived somewhere else.
Another resident, Mike Smith, said people in the area are immune to sounds of gunshots and the violence in their community. In fact, gunshots could be heard during the man's interview with WSFA 12 News.
Smith says neighborhood leaders can't be the only ones speaking out. The entire community has to start talking.
"It's time to fight back. They have to fight back. They have to go down there and talk to the folks downtown themselves man cause we can't keep on doing it for them. These folks act like they are scared to talk," Smith said.
If you have any information on this shooting, call Crime Stoppers at 215-STOP.
Copyright 2014 WSFA 12 News. All rights reserved.
12 East Delano Avenue
Montgomery, AL 36105
(334) 288-1212
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EEO Report
Closed Captioning


text:
Table of Contents
Patent News:
Supreme Court holds its "nose of wax" and extends "Abstract Idea" to systems (06/19/14)
In Alice Corporation v. CLS Bank, the Supreme Court held that a method of mitigating settlement risk, including steps of creating shadow records for each counterparty in a transaction, obtaining start-of-day balances based on real-world accounts, adjusting the shadow records as transactions are entered, and issuing end-of-day instructions to exchange institutions, using a computer, or a computer system for implementing the method, is an "abstract idea" and therefore not patentable under 35 U.S.C. § 101. The Court further held that," [t]his court has long 'warn[ed] . . . against' interpreting § 101 'in ways that make the patent eligibility "depend simply on the draftsman's art."'" Quoting Mayo quoting Flook, "The concept of patentable subject matter under §101 is not 'like a nose of wax, which may be turned and twisted in any direction. . . .' Holding that the system claims are patent-eligible would have exactly that result."
Sotomayor, joined by Gisburg and Breyer, concurred but focused on the invention being related specifically to business-methods, which they characterize as "processes for organizing human activity" which "[n]ever had been patentable."
Supreme Court reduces inducement (06/02/14)
In Limelight Networks v. Akamai Technologies (cached), the Supreme Court reversed the Federal Circuit's expansion of the applicability of inducement, which previously held a party can be liable for inducement if no single party performs all the steps in a patented method. The Supreme Court reverses, stating that the "Federal Circuit's analysis fundamentally misunderstands what it means to infringe a method patent. […] …under this court's case law, the patent is not infringed unless all the steps are carried out. This principle follows ineluctably from what a patent is.., and a patentee's rights extend only to the claimed combination of elements, and no further. …there has simply been no infringement of the method in which respondents have staked out an interest, because the performance of all the patent's steps is not attributable to any one person. And as both the Federal Circuit and respondents admit, where there has been no direct infringement, there can be no inducement…under §271(b)."
This ruling presumed that Federal Circuit was correct in it's interpretation of direct infringement under § 271(a) in Muniauction, Inc. v. Thomson Corp., 532 F. 3d 1318 (2008), which states that "the proposition that direct infringement requires a single party to perform every step of the method." The Supreme Court remanded to the Federal Circuit whether that rule is correct. The Supreme Court held open the door for the Federal Circuit to say that a party could be liable for direct infringement even though they don't personally perform all the steps. If so, this ruling by the Supreme Court would be moot.
Supreme Court un-defines "definiteness" (06/02/14)
In Nautilus v. Biosig Instruments (cached), the Supreme Court vacated and remanded to the Federal Circuit its reversal and remand of the district court's conclusion that that the phrase "spaced relationship" of electrodes of a heart rate monitor was indefinite. (If the electrodes touched, then that would short the circuit, and the heart rate of a person holding the sensor could not be determined.) The Supreme Court specifically overturns Federal Circuit precedent stating that, a claim is indefinite "only when it is 'not amenable to construction' or 'insolubly ambiguous'" 1). Instead, the Supreme Court holds that § 112 ¶2 requires:
"that a patent's claims, viewed in light of the specification and prosecution history, inofrm those skilled in the art about the scope of the invention with reasonable certainty. The definiteness requirement, so understood, mandates clarity, while recognizing that absolute precision is unattainable. The standard we adopt accords with opinions of this Court stating that "the certainty which the law requires in patents is not greater than is reasonable, having regard for their subject matter." [Citations omitted]."
Supreme Court denies cert. in Baxter (05/20/14)
In Baxter Corp. v. Fresenius USA Inc., the Federal Circuit allowed a PTO Reexamination proceeding to declare a patent invalid even after a district court found it valid and infringed. In effect, the Federal Circuit allowed the PTO administrative ruling to overrule the district court. Today, the Supreme Court denied a certiorari petition filed by Baxter to appeal that Federal Circuit decision.
Supreme Court rejects "objectively baseless" standard in awarding attorney fees (04/29/14)
In Octaine Fitness v. Icon Health & Fitness, stating that the Federal Circuit's framework for implementing of 35 U.S.C. § 285 is "unduly rigid, and it impermissibly encumbers the statutory grant of discretion to courts," The Supreme Court unanimously holds that:
an "exceptional" case in § 285 "is simply one that stands out from others with respect to the substantive strength of a party's litigating positoin (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated. District courts may determine whether a case is "exceptional" in the case-by-case exercise of their discretion, considering the totality of the circumstances. As in the comparable context of the Copyright Act, "'[t]here is no precise rule or formula for making these determinations,' but instead equitable discretion should be exercised 'in light of the considerations we have identified.'" Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 (1994).
In Highmark v. Allcare Health Management System, the Supreme Court restates its view in Octane that the determination whether a case is "exceptional" under §285 is a matter of discretion, and therefore the Federal Circuit must defer to the district court's ruling on fee-shifting except where the district court abused its discretion. Stated the court: "We therefore hold that an appellate court should apply an abuse-of-discretion standard in reviewing all aspects of a district court's §285 determination. Although questions of law may in some cases be relevant to the §285 inquiry, that inquiry generally is, at heart, 'rooted in factual determinations,' Cooter, 496 U.S. at 401."
Some observations regarding Alice v CLS oral arguments (04/02/14)
Some interesting stuff in the transcript of arguments in Alice v CLS Bank before the Supreme Court. The court struggles to articulate how claims that could easily have been rejected under KSR obviousness analysis are unpatentable business method claims under 101.
Privity by way of indemnity obligation may start IPR clock (01/27/14)
In Atlanta Gas Light Company v. Bennett Regulator Guards Inc., the PTAB ruled that, because a privity between an indemnified party and its indemnitor does not begin until the indemnitor's obligation manifests by the indemnified party being sued, the one-year IPR clock did not run out. This suggests that the one-year clock will begin with respect to an indemnitor party upon the indemnified party being sued.
Exceptional "exceptional case" case (12/30/13)
In Kilopass Technology v. Sidense Corporation (cached), the Federal Circuit vacated and remanded a lower court ruling that the case was not exceptional.
Some key findings:
- Actual knowledge of objective baselessness of the plaintiff's claims are not required for the case to be exceptional.
- The court should not conclude that a case is not exceptional simply upon a finding that there is a lack of proof of subjective bad faith. Quoting Highmark Inc. v. Allcare Health Management, the Court states, "subjective bad faith only requires proof that the "lack of objective foundation for the claim 'was either known or so obvious that it should have been known' by the party asserting the claim."
- Both subjective bad faith and objective baselessness is needed, but a finding of subjective bad faith can be arrived at by "a wide variety of proofs." The court did not provide specific examples, but concludes with, "the retention of the subjective bad faith requirement may prove to have little effect on this case, as well as many that follow" (emphasis added).
- Bad faith and objective baselessness must be proved by clear and convincing evidence; the court notes that circuits are split on this matter.
- The court addressed criticism regarding fee shifting directly, noting that fee shifting is appropriate in circumstances other than bad faith/objective baselessness, noting prior decisions where exceptionality was found "where there has been willful infringement, fraud or inequitable conduct in procuring the patent, misconduct during litigation, vexatious or unjustified litigation, conduct that violates Federal Rule of Civil Procedure 11, or like infractions" and reiterated that "[l]itigation misconduct and unprofessional behavior may suffice, by themselves, to make a case exceptional under § 285."
In a concurring opinion, Judge Rader argued that the law should be changed to provide that objective baselessness be sufficient to support fee shifting, and that proof by a preponderance of the evidence should suffice. Judge Rader also supported a return to the "original standard" for exceptional cases, wherein "interests of the patentee and alleged infringer are adequately taken into account in the required evaluation of the totality of the circumstances." Under standard, prior to 2005 when it was changed by Brooks Furniture, exceptional cases were found by "willful or intentional infringement, . . . vexatious or unjustified litigation, or other misfeasant behavior" was sufficient, and "unprofessional behavior was also found to be relevant to the award of attorneys' fees, and . . . suffice[d], by itself, to make a case exceptional."
- Hal Wegner's take: "The majority provided a detailed analysis of the history of Section 285 and may have, but for constraint against a panel deviating from binding precedent, gone further to reduce the bar to establish liability for Section 285 attorneys' fees."
- I think this case marks a step along a path of liberalizing the standard for exceptional cases by the Federal Circuit. Although not explicitly stated, I think the effect of this decision is that the Federal Circuit is instructing districts to infer subjective bad faith on the basis of objective baselessness. That is, if the plaintiff should have known the case was objectively baseless, then plaintiff exercised bad faith by bringing the case in the first place, and fee shifting is justified.
Fed. Cir. defines "New Grounds" (10/22/13)
The CAFC may provide guidance in its decision In re Lutz Biedermann and Jurgen Harms.
In this case, the PTAB (then referred to as the BPAI) upheld the Examiner's rejection of the same claims on the same art and the same statutory basis, but provided a different rationale, relying on new facts, than the rationale provided and facts identified by the Examiner. The Appellant requested a rehearing, arguing that the Board issued a new ground of rejection. But the Board denied the rehearing and affirmed the examiner's rejection.
Judges Moore, Linn, and O'Malley remanded to the PTAB, stating that: "The articulated reasoning and factual underpinnings of an examiner's rejection are, thus, essential elements of any stated ground of rejection to which applicants are entitled to notice and a fair opportunity to respond" (emphasis added). The court quoted Leitham, 661 F.3d 1316:
[W]hile "the Board need not recite and agree with the examiner's rejection in haec verba to avoid issuing a new ground of rejection," "[m]ere reliance on the same statutory basis and the same prior art references, alone, is insufficient to avoid making a new ground of rejection when the Board relies on new facts and rationales not previously raised to the applicant by the examiner. This court's predecessor long acknowledged the right of the Board to make additional findings of fact based upon the Board's own knowledge and experience to fill in the gaps that might exist in the examiner's evidentiary showing. But the Board's power to do so is construed narrowly and when reliance upon such facts changes the thrust of the rejection, the Board's action does everything but cry out for an opportunity to respond."
Fed. Cir. muddles 101 analysis
In CLS Bank Internat'l v. Alice Corp., the Fed. Cir. issued seven different opinions with the majority opinion by Lourie, Dyk, Prost, Reyna, and Wallach holding that Section 101 subject matter determinations must be made on a case-by-case basis. Stated the court: "Bright line rules may be simple to apply, but they are often impractical and counterproductive when applied to § 101" (Op. p. 17). Instead, the court held that the following analysis should be followed:
- First, determine whether the claimed invention fits within one of the four statutory classes set out in § 101.
- If so, then do any of the judicial exceptions apply, one of which is "abstractness." The court acknowledges that "deciding whether or not a particular claim is abstract can feel subjective and unsystematic, and the debate often trends toward the metaphysical, littered with unhelpful analogies and generalizations" but explains "abstractness" only by way of the examples presented by precedents.
- Next analyze for preemption: With the pertinent abstract idea identified, the balance of the claim can be evaluated to determine whether it contains additional substantive limitations that narrow, confine, or otherwise tie down the claim so that, in practical terms, it does not cover the full abstract idea itself.
In her dissent, J. Newman found:
In deciding to rehear the patent dispute between CLS Bank and Alice Corporation, the en banc court undertook to remedy distortions flowing from inconsistent precedent on section 101. This remedial effort has failed. This failure undoubtedly reflects the difficulty of the question; I suggest that it also demonstrates that an all-purpose bright-line rule for the threshold portal of section 101 is as unavailable as it is unnecessary. Experience over two centuries of United States patent law supports this conclusion.
- Supreme Court grants cert 12/06/13. Briefs on Certiorari:
- Sep 4 2013 Petition for a writ of certiorari
- Oct 4 2013 Brief amicus curiae of Dale R. Cook
- Oct 7 2013 Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH
- Oct 7 2013 Brief amici curiae of Professor Lee Hollaar, and Peter K. Trzyna in support of neither party
- Oct 7 2013 Brief amici curiae of Students of Patent Law
- Nov 19 2013 Reply of petitioner Alice Corporation Pty. Ltd.
- Briefs on Substance
- Jan 21 2014 Brief of Petitioner Alice Corporation Pty. Ltd.
BPAI judges "storage medium" per say statutory (old news)
In In Ex Parte Hu, rendered February of 2012, the BPAI held that a claim to a "storage medium" is per se statutory, even without "non-transient" verbiage. Stated the panel:
"We find that the computerreadable storage medium is directed to a tangible storage medium, which can be read by a computer. While a computer-readable medium is broad enough to encompass both tangible media that store data and intangible media that carry a transitory, and propagating signal containing information, a computer readable storage
medium is distinguished therefrom as it is confined to tangible media for storing data.
Fed. Cir. reverses PTAB on inended-use limitation (02/18/13)
A method for verifying the accuracy of logical-tophysical mapping software designed for testing memory devices, said method comprising:
[a] providing a built-in self test (BIST) fail control function to generate multiple simulated memory fails at various predetermined locations within a memory array of a memory device;
[b] testing said memory array via a memory tester;
[c] generating a bit fail map by said logical-tophysical mapping software based on all memory fails indicated by said memory tester, wherein said bit fail map indicates physical locations of all fail memory locations derived by said logical-tophysical mapping software; and
[d] comparing said fail memory locations derived by said logical-to-physical mapping software to said various predetermined memory locations to verify the accuracy of said logical-to-physical mapping software.
In In re Jasinski, the Fed. Cir. reversed the PTAB finding that claims were anticipated by prior art. More specifically, judge Moore agreed with the applicant and reversed the PTO in finding that the highlighted limitations in claim 1 shown here were "a statement of intended use and does not limit the claims." Judge Moore stated, "We agree with Mr. Jasinski. Not only does the "to verify/verifying" language refer to the "essence of the invention," it also provides the criteria by which the previously-recited comparing limitation is analyzed. We thus conclude that the "to verify/verifying" language is limiting.
Fed. Cir. overturns BPAI in interpartes case (01/24/13)
In Rexnord v. Kappos, Judge Newman held that a patent was obvious, reversing the Board of Appeals' holding that the patent was valid, which reversed the interpartes reexam Examiner's finding that the patent was obvious. It all started around 2003, when Habasit sued Rexnord for patent infringement in Delaware, and Rexnord filed a request for reexamination. The suit was stayed pending the outcome of the reexam. Around 2007 Examiner held that the patent claims were obvious, and Habasit appealed to the PTO Board in response. At some point, the BPAI reversed the Examiner, holding that the patent claims are valid, but Rexnord appealed that decision to the Federal Circuit in 2011.
Eastern District of Virginia holds RCE does not toll "B" Period in ATM calculation (11/09/12)
In Exelixis v. Kappos, the district court for the Eastern district of Virginia held that the Patent Office had not been calculating patent terms correctly.
Specifically, the district court held that the patent term adjustment (PTA) rules do not treat the filing of an RCE to be an applicant delay (as currently viewed by the PTO). The "B" delay provides an adjustment for every day past three-years from the file date to the grant date. The PTO stops this delay after the RCE is filed. The court says, no, you can't do that. If this becomes law, it may discourage the PTO from sitting on RCEs, which will be a very good thing!
JMOL of no infringement or inducement upheld (09/05/12)
In Mirror Worlds v. Apple, the Fed. Cir. upheld the District court's JMOL of no-infringement stating that the plaintiffs failed to prove actual infringement (direct) by third parties, i.e., consumers, and therefore there was no inducement. The Fed. Cir. opinion merely criticizes the sufficiency of the evidence presented without significant discussion of the actual claim limitations. Judge Prost's dissent does a good job of dissecting the claim and showing that plaintiff succeeded in presenting sufficient evidence for a jury to make a determination that infringement occurred.
Fed. Cir. expands "inducement" for method claims (09/04/12)
In Akamai Tech. v. Limelight Networks, the Fed. Cir. overruled it's previous holding in BMC that, in order to support a finding of induced infringement, not only must the inducement give rise to direct infringement, but in addition the direct infringement must be committed by a single actor. This holding was a logical conclusion based on the propositions that (1) liability for induced infringement requires proof of direct infringement (see Deepsouth Packing Co. v. Laitram Corp. 2); Aro Mfg. Co. v. Convertible Top Replacement Co. 3); Henry v. A.B. Dick Co. 4) and (2) liability for direct infringement requires that a single party commit all the acts necessary to constitute infringement In re Seagate Tech. LLC 5). However, the Fed. Cir. in this ruling holds that, "[r]equiring proof that there has been direct infringement as a predicate for induced infringement is not the same as requiring proof that a single party would be liable as a direct infringer" (emphasis in original). Thus, "a party who knowingly induces others to engage in acts that collectively practice the steps of the patented method–and those others perform those acts–has had precisely the same impact on the patentee as a party who induces the same infringement by a single direct infringer; there is no reason, either in the text of the statute or in the policy underlying it, to treat the two inducers differently."
Newman's Dissent: The majority . . . holds that only the "inducer" is liable for divided infringement, and that the direct infringers are not liable although the patent rights are "plainly being violated by the actors' joint conduct. These are dramatic changes in the law of infringement. ¶ On this new "inducement-only rule," the inducing entity is liable on greatly enlarged grounds, such as merely advising or encouraging acts that may constitute direct infringement. This new rule is not in accordance with statute, precedent, and sound policy. It raises new issues unrecognized by the majority, and contains vast potential for abuse.
Dissent of Linn, Dyk, Prost, and O'Malley: In its opinion today, this court assumes the mantle of policy maker. It has decided that the plain text of §§ 271(a) and (b) fails to accord patentees certain extended rights that a majority of this court's judges would prefer that the statute covered. To correct this situation, the majority effectively rewrites these sections. . . .
SCotUS approved cert.
- Dec 28 2012 Petition for a writ of certiorari filed. (Response due February 1, 2013)
- Feb 1 2013 Brief amici curiae of Google, Inc., et al. filed. VIDED.
Fed. Cir. upholds lower court ruling that continued at-will employment is sufficient consideration for a patent assignment in employment agreement (07/12/12)
In Preston v. Marathon Oil, Plaintiff Yale Preston challenged the validity of a provision in his employment agreement that reads as follows:
1. Definitions
(d) "Intellectual Property" means all inventions, discoveries . . . and any other work product made or conceived by EMPLOYEE during the term of employment with MARATHON which (1) relate to the present or reasonably anticipated business of MARATHON GROUP, or (2) were made or created with the use of Confidential Information or any equipment, supplies, or facilities of the MARATHON GROUP. Such property made or conceived by EMPLOYEE (or for which EMPLOYEE files a patent or copyright application) within one year after termnation of employment . . . will be presumed to have been made or conceived during such employment.
3. Disclosure and Assignment of Intellectual Property
EMPLOYEE agrees to promptly disclose to MARATHON and does hereby assign to MARATHON all Intellectual Property, and EMPLOYEE agrees to execute such other documents as MARATHON may request in order to effectuate such assignment.
The district court applied Wyoming law and held, among other things, that Marathon acquired a shop right to Preston's baffle system and is therefore entitled to summary judgment on Preston's patent infringement claim, and following a bench trial that Preston was the sole inventor of the baffle system and was required to assign his interest in the two patents to Marathon pursuant to the employment agreement. Preston appealed the district court's ruling.
The Fed. Cir. certified a question to the Wyoming Supreme Court, asking, "Does continuing the employment of an existing at-will employee constitute adequate consideration to support an agreement containing an intellectual property-assignment provision?" The Wyoming Supreme Court responded with an interesting opinion (PDF).
In Wyoming, this was a case of first impression so investigated other jurisdictions and their own case law:
- In Colorado, the Court of Appeals held that continued employment was not sufficient consideration.
- The Third Circuit applied Pennsylvania law and upheld an assignment where the agreement included a promise by the employer to employ the inventor for a reasonable time – suggesting that "continued at-will" is not sufficient consideration.
- The 9th circuit held (in 1927) 6) that continued employment was sufficient consideration. The court observed that the employer (Goodyear) did not bind itself to employ the inventor (Miller) for any stipulated period and Miller did not agree to remain for any designated length of time.
- Wyoming also looked to its own case law and determined that a covenant not to compete, which under Wyoming low requires separate consideration, is not analogous to patent assignments since patent assignments do not affect the employee's right to earn a living or otherwise impose an improper restraint of trade.
Wyoming answered the certified question as follows (incidentally, the logic mirrors that of the 9th circuit in 1927):
> We must, consequently, return to the basic precepts of at-will employment. As we mentioned earlier, at-will employment is terminable by either party at any time for any reason or no reason at all. Because of its terminable nature, either party has the power to modify the terms of the employment at any time, and the other party may either accept the new terms and carry on with the employment relationship or reject the new terms and terminate the relationship. The policies behind at-will employment were explained in Townsend v. Living Centers Rocky Mountain, Inc., 947 P.2d 1297, 1299 (Wyo. 1997):
> Our jurisprudence in the employment context has developed from the premise that the stability of the business community is our primary consideration and that stability is best served by applying contract principles in the employment context. Based on that fundamental precept we have produced the rule that, unless an express or implied contract states or establishes otherwise, all employment is a contract for at-will employment. Brodie v. General Chemical Corp., 934 P.2d 1263, 1265 (Wyo. 1997). An at-will employee can be terminated for any or no reason at all. Id. The at-will employment rule offers no remedy to an employee who has been arbitrarily or improperly discharged and has suffered adverse effects on his or her economic and social status regardless of how devastating those effects actually were. Stability in the business community is preserved because, at least at the state level, employers' and employees' decisions remain subject only to the express or implied contracts into which they have voluntarily entered or subject to statute.
We believe that the stability of the business community is best served by ruling, consistent with our at-will employment jurisprudence, that no additional consideration is required to support an employee's post-employment execution of an agreement to assign intellectual property to his employer. If the employee does not agree to that modification of the terms of his employment, he can terminate the relationship without any penalties.
Fed. Cir. discounts secondary evidence of nonobviousness; Newman dissents (06/22/12)
In Wrigley v. Cadbury, the Fed. Cir. upheld a lower court ruling of invalidity of anticipation and obviousness. With regard to anticipation, Judge Newman stated that the panel reached its conclusion by "relying on a . . . reference that does not show the claimed combination at all, but merely presents the ingredients on lists." The Court held that the claims were obvious because, "[c]laim 34 recites a combination of elements that were all known in the prior art, and all that was required to obtain that combination was to substitute one well-known cooling agent for another. […] Under these circumstances, it is fair to say that there were 'a finite number of identified, predictable solutions' to the problem of finding physiological cooling agents for chewing gum, and the combination of menthol and WS-23 was 'the product not of innovation but of ordinary skill and common sense" (citations to KSR omitted). Newman argued in her dissent that the Court ignored significant secondary evidence that strongly points to nonobviousness.
Fed. Cir. reverses summary judgement of inducement despite substantial non-infringing uses (06/12/12)
In Toshiba v. Imation, the Fed. Cir., in regard to U.S. Patent 5,892,751, vacated in part the district court's granting of a motion for summary judgment of non-infringement made by Defendant-Appellees. Specifically, the district court held that recording DVDs without "finalizing" them, so that they are only readable by the device that made the recording, was both non-infringing (as admitted by Toshiba) and substantial. To establish contributory infringement liability, the patent owner must show, among other things, that there are no substantial non-infringing uses. Toshiba failed to make this showing, so the district court did not err in granting summary judgment of no contributory infringement. However, to prove inducement, "the patentee must show direct infringement, and that the alleged infringer knowingly induced infringement and possessed specific intent to encourage another's infringement." The district court erred as a matter of law in holding that "both theories of indirect infringement – that is, contributory and inducing infringement – fail if there are any 'substantial' non-infringing uses." However, "the existence of a substantial non-infringing use does not preclude a finding of inducement" 7).
BPAI reverses Fed. Cir.; Fed. Cir. says, "That's OK!" (05/19/12)
In In re Baxter, the CAFC approved of the BPAI reversing one of its own decisions. In 2007, the Northern District of California granted a JMOL motion filed by Baxter which overturned the jury's finding of obviousness of the Baxter patent, and as a result the district court upheld the validity of the Baxter patent with the stroke of a pen. Under appeal, the validity determination was upheld (but, "for somewhat different reasons…"). In parallel with the prior litigation, the PTO was conducting a reexamination of the patent, and shortly after the CAFC approval of the validity of the patent, the Reexamination Examiner held that the patent was invalid. Prior to the BPAI decision, the Director refused a request by Baxter to remand the case to the Examiner to consider the CAFC decision. On appeal, to the BPAI held:
"[a]lthough claims 26–31 were not proven invalid in court, a lower standard of proof and the broadest reasonable interpretation standard of claim construction apply at the PTO and therefore the agency is not bound by the court's determination." 8)
In this case, the Fed. Cir. found in favor of PTO arguments of invalidity of the patent, following substantially item-by-item, the findings of the Examiner in the Reexamination proceeding. In addition, the Fed. Cir. rejected Baxter's arguments that the PTO should be bound by the prior decision of the Federal Circuit:
We also reject Baxter's argument that the Board erred because it . . . failed to "give serious consideration" to the district court's Fresenius decision. […] [F]undamentally, the PTO in reexamination proceedings and the court system in patent infringement actions "take different approaches in determining validity and on the same evidence could quite correctly come to different conclusions." […] In particular, a challenger that attacks the validity of patent claims in civil litigation has a statutory burden to prove invalidity by clear and convincing evidence. […] Should the challenger fail to meet that burden, the court will not find the patent "valid," only that "the patent challenger did not carry the 'burden of establishing invalidity in the particular case before the court.'" […] In contrast, in PTO reexaminations "the standard of proof—a preponderance of the evidence—is substantially lower than in a civil case" and there is no presumption of validity in reexamination proceedings. Id. at 1378.
The court continued:
Lest it be feared that we are erroneously elevating a decision by the PTO over a decision by a federal district court, which decision has been affirmed by this court, the following additional comments must be made. When a party who has lost in a court proceeding challenging a patent, from which no additional appeal is possible, provokes a reexamination in the PTO, using the same presentations and arguments, even with a more lenient standard of proof, the PTO ideally should not arrive at a different conclusion.
However, the fact is that Congress has provided for a reexamination system that permits challenges to patents by third parties, even those who have lost in prior judicial proceedings. Usually one would expect that any such reexamination, such as the one before us, would raise new issues. In this case, the patent examiner relied on new prior art that had not been raised in the prior district court proceeding. Why Fresenius did not present that prior art before the district court we do not know. But the Director apparently found that a substantial new question of patentability had been raised and the examiner was then entitled to conduct a reexamination on the basis of the new art presented and her search of the prior art. Thus, this case is not about the relative primacy of the courts and the PTO, about which there can be no dispute. Finally, we could not conclude that the PTO was barred from conducting the reexamination of the '434 patent because of the final judgment in Fresenius without overruling Ethicon and Swanson, which we cannot do.
Judge Newman dissented, stating: "My colleagues appear unperturbed by the agency's nullification of this court's final decision. Instead, the court itself ignores our own prior final decision, although it is the law of this case. Thus the court violates not only the constitutional plan, but also violates the rules of litigation repose as well as the rules of estoppel and preclusion—for the issue of validity, the evidence, and the parties in interest are the same in this agency reexamination as in the finally resolved litigation. No authority, no theory, no law or history, permits administrative nullification of a final judicial decision. No concept of government authorizes an administrative agency to override or disregard the final judgment of a court. Judicial rulings are not advisory; they are obligatory." She further stated, "My colleagues justify the PTO's authority to overrule judicial decisions on the argument that the standard of proof is different in the PTO than in the courts. That theory is flawed, for obviousness is a question of law, and the PTO, like the court, is required to reach the correct conclusion on correct law. Any distinction between judicial and agency procedures cannot authorize the agency to overrule a final judicial decision. Even if the Federal Circuit were believed to have erred in its prior decision, the mechanism for correcting an unjust decision is by judicial reopening, not by administrative disregard. […] This procedure did not occur in this case."


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07-03-2012 9:08
Hei, question: with last Nokia software it was possible to see open programs/applications and switch between them. I can not find this option available in Belle.
If I open Radio and Sportstracker and I need to make a call, then how to minimize Sportstracker and afterwards switch back. Right now I press the button on N8 and then go to menu, but it is too many pressings.
Solved! Go to Solution.
07-03-2012 9:21
07-03-2012 9:25
Thank you
14-03-2012 19:22
Thank you


text:
PITTSBURGH (AP) — It might as well be a chasm.
The two schools who will meet for the NCAA hockey championship tonighttook very different paths to the brink of history.
Yale is the oldest college hockey program in the country.
The Bulldogs hosted their first game in 1896 — more than three decades before Quinnipiac was even founded — and play at 58-year-old Ignalls Rink, dubbed "The Yale Whale."
The players answer questions about how they balance academics and athletics at one of the nation's most demanding universities and what their non-hockey future holds.
The questions fielded by the Bobcats are different, ranging from how to pronounce the school's mouthful of a name to if they'd even heard of Quinnipiac before coach Rand Pecknold called offering a chance at finishing the job he started when he took the post 19 years ago.
The Bobcats didn't even join Division I until 1998. But they play in sparkling High Point Solutions Arena, a $52-million palace that served as a shot across the bow to the rest of the teams in the ECAC that Quinnipiac is serious about turning into a national power.
Mission accomplished.
The bruising, explosive Bobcats (30-7-5) are the top seed while Yale (21-12-3) is the scrappy underdog searching to fill a trophy case that's largely empty — especially for a team that's been playing since Grover Cleveland was president.
Quinnipiac overwhelmed St. Cloud State early in a 4-1 victory in the semifinals on Thursday while the Bulldogs needed 67 minutes and 47 shots to get past UMass Lowell 3-2 in overtime to advance to its first national title game.
Yet for all their confidence after rolling over Yale in each of the three previous meetings this season by a combined score of 13-3, the Bobcats insist they are taking nothing for granted.
"The Yale team that we're going to face is completely different than the team we played earlier in the year," forward Jordan Thomas-Samuels said.


text:
A final Texas Top 25 list looking the best football players in the state for 2011. Who made the list?
A look at the narratives surrounding 2011 and 2012 recruiting for the Texas Longhorns. Will Mack Brown make alterations to a successful process for 2012?
An in-depth scouting report and analysis of 2011 Texas commit David Ash, a quarterback from Belton who is enrolled early for the Longhorns.
The debut of the 2011 Texas Top 25, the best high school football players in the state.
Debut of the 2011 big board, with the first installment looking at the two quarterbacks currently on the Texas radar and one quarterback now off the radar.
Oklahoma State already has three commitments for the 2011 class now that touted QB J.W. Walsh from Denton, Texas, committed to sign with Oklahoma State late Monday night, InsideTexas.com reports. Walsh completed 185 of 286 attempts (64.7 percent) for 2,599 yards, 27 touchdowns and six interceptions as a junior. Walsh also carried 168 times for 1,554 yards (9.3 average) and 22 more scores. Reportedly, Texas and OU have shown interest but not offered Walsh.Per Bruce Feldman. I'm not one to stalk 17 year olds, but if I recall from GoBR's posts, he's one of the top QB's in Texas and a Longhorn target. I think next year's QB class is likely to be scared off by the Gilbert-Wood-McCoy triumvirate, but that's just my three cents.
Update on Longhorn commits and targets in the high school playoffs.
Burnt Orange Nation checks in on recruits still playing in the Texas high school playoffs.
A high school playoff update featuring Texas commits still in action and 2011 targets.
A breakdown of the 2010 football commits who will begin play in the playoffs this week. I believe that out of the 20 commits, only John Harris won't be participating, as Naaman Forest lost an elimination game last week. Also, keep an eye on the matchup between Plano West and Cedar Hill -- Jackson Jeffcoat plans on taking his official visit to Austin next weekend, but may not be able to make it if West manages to pull the upset on the undefeated Longhorns. [Update]:Reggie Wilson and the Haltom Buffaloes were eliminated Thursday night by Arlington Martin, 50-6, ending Wilson's high school career. The star defensive end will enroll at Texas for the spring semester. Taylor Bible's Denton Guyer squad beat Saginaw Boswell, 59-28. 2011 quarterback JW Walsh had a 34-yard touchdown run and finished with 12 carries for 115 yards and another rushing touchdown. Lake Travis beat Crocket 58-7 and may face Malcolm Brown's Steele squad if they win this week.
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By Brooke Buford
Police in Bath, Maine said on September 23rd, an 11-year-old 6th grade female student wrote a note on the bathroom wall, saying that there was a bomb in the school.Police evacuated the school and cleared the scene, finding that there was no bomb or bomb making material inside. After an investigation, police and school officials identified a sixth grader who they say was responsible. Police tell us the student, who isn't being named, was charged this week with felony "terrorizing."People in the community say they're shocked to hear about the charges. Some say the student should have thought before she acted; others think those charges are too tough."I think they need to look at the day and age we live in. And, basically think things through a little bit further before they go and act.""It's kind of overreacting. I could see if she did bring something in. I don't know what is really going on. But, they might be taking it a little bit out of proportion."RSU 1 school superintendent chose not to go on camera or give a comment.
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Courtesy NBC Montana
MISSOULA, Mont. -- NBC Montana has confirmed that Great Falls native and former NFL quarterback Ryan Leaf was arrested and booked into the Cascade County jail Friday.
Officials at the Cascade County Detention Center tell NBC Montana that officers arrested Leaf on charges of felony burglary, misdemeanor theft and felony criminal possession of dangerous drugs. We are told the arrest happened at the Cascade County Probation Office.
Officials say he is free on bond after posting $76,000.
Leaf is a Great Falls native and was a quarterback for Washington State University and San Diego Chargers. He was recently in Montana for a book tour and sat down with NBC Montana's Kayla Anderson last week.
We will update you with more information as it becomes available.


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At the conference, Ballmer was interviewed John Battelle of Federated Media. According to GeekWire, When Battelle asked him about Android phones, he said that Android was a difficult-to-learn-operating system and added:
"You don't need to be a computer scientist to use a Windows Phone. I think you do to use an Android phone."That's likely news to the people who use Android phones. Comscore reports that in August, Android was by far the most popular smartphone operating system in the U.S. with 43.7% market share, compared to 27.3% for second-place iOS, and only 5.7% for Microsoft smartphone operating systems.
Are there really that many computer scientists in the United States?
Clearly not. This is just one more example of Ballmer being Ballmer. But it's time that he realized that bluster does Microsoft no good. Few people take him seriously any more when he makes public pronouncements. And having people tune out your CEO isn't the best way to help your company make up lost ground against Google and Apple. He'd do better to highlight Windows Phone 7's unique capabilities -- and there are many of them -- than engaging in pointless hyperbole.


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To generally make life better for active music fans, bloggers, artists, and production companies. Currently, my focus is on active music fans, people who directly influence the evolution of their music taste. The struggle they have with the current state of music on the internet is very real and the simplest to fix. The disjointedness of music services and their music collection is one of the core issues that I'm addressing.
Applications will operate on all platforms & services will be decentralized/distributed, autonomous, and open.


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Bradley Handwerger / WWLTV.com Sports Reporter
Email: firstname.lastname@example.com | Twitter: @wwltvsports
METAIRIE, La. — Thomas Morstead won't openly politic for a spot on this year's Pro Bowl roster.
But rest assured if the Saints' punter were to be left off, he would be devastated.
And he would deserve to be.
New Orleans' long-haired special teams ace is two games from setting an NFL record for gross punting average. And it's not an absurd assumption to think that it'll happen.
As of Dec. 12, Morstead was the leading NFC at punter with 88,037 votes. Tonight is the last night for fans to vote.
Through 14 games, Morstead is averaging an eye-popping 44.7 net yards per punt, nearly a full yard more than Andy Lee's record, set a season ago in San Francisco.
When asked about the chance to set the record, Morstead's face lit up. Then the consummate teammate did what he always does – gave the honor to those around him.
"What's neat about it is that it's a team record," Morstead said. "It's not how far I punted it's how far I punted minus how many return yards our team allowed. It's our punt team record. It's pretty cool."
Though more difficult, Morstead also is in the vicinity of the gross punting record. He average 50.3 yards per punt, 1.1 yards behind Sammy Baugh's single-season record.
Morstead understands to be linked to Lee and Baugh is special.
"The NFL is the greatest league in the world and has the best athletes in the world," he said. "A lot of great names have come through and it would be a pretty special honor."
With Monday night's game still to be played, Morstead was leading the NFL in net average by 1.5 yards over Lee. His 50.3 gross average was 0.3 yards behind the top punter in that category.


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Ashford offers the Hamilton Men's Pulsomatic Digital Watch, model no. H52515339, for $877.25. Coupon code "TECHPULSO518" cuts the price to $518. With free shipping, that's $21 below our March mention and the lowest total price we could find by $274. It features a stainless steel finish, black rubber strap, pin buckle clasp, and water resistance up to 165 feet.


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As the Chicago White Sox prepare to play the Chicago Cubs in the rubber game of a three-game series, STATS provides us with this fascinating fact via Twitter:
#WhiteSox can win their 17th straight interleague series by beating #Cubs today. ChiSox are #MLB-best 44-18 since 2008 in interleague play.
The last interleague series the White Sox lost was a three-game sweep at the hands of the Cubs from June 20-22, 2008 at Wrigley Field.
So how are they doing this? The White Sox did make the postseason in 2008, winning a division tiebreaker with the Twins to get in, but including the 2008 season, the Sox are 192-170 through yesterday, a .530 winning percentage that would translate to 86-76 over a 162-game season. That's good, but it's hardly 44-18 (.710) good.
The answers can be found in the vagaries of the schedule. For the first six years of interleague play, teams stayed within their own "division" -- East played East, Central vs. Central, West against West. A rotation began in 2003, with "rivalry" games retained (Cubs vs. White Sox, Yankees vs. Mets, Angels vs. Dodgers, etc.).
But over the last couple of years, although teams usually play certain divisions in interleague action each year (the White Sox technically are facing the NL West this year), seemingly random series are posted for most teams. Thus, even though the Sox are supposed to play the NL West, along with two series vs. the Cubs, they will play the Nationals this weekend.
And beginning in 2008, the White Sox have played the Pirates and Dodgers during low periods for those franchises nine times each (8-1 vs. Pittsburgh and 6-3 vs. Los Angeles), the Giants before Tim Lincecum & Co. got good and the Rockies in their only losing season since 2006.
It's not as if the White Sox haven't been a good team. They have been. And they bookended losses to the Cubs around an 11-game winning streak in 2010, their longest in 50 years, all against National League teams. There's also a small asterisk around the "winning series" fact; in 2009, they split a pair of games with the Cubs at Wrigley Field -- the third was rained out. When it was made up on September 3, 2009, both teams were floundering around .500 and the Sox called up Carlos Torres from Triple-A to start the game. The result, as it often seems to be for Cubs teams facing a pitcher they've never seen before, was a 5-0 White Sox victory.
So for those who would like to see different interleague scheduling to make things more "fair" for everyone involved, this is a good argument in your favor. The White Sox have dominated interleague play for the last three and a half years -- but maybe more because of who they've played than who they are.


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Newton Digital Watch
The Newton Digital Watch from Nixon is made with a one piece custom injected silicone band, a patented locking looper and polycarbonate buckle. This watch is a simple, single-button toggle that goes from time to day-and-date, featuring a water resistant case up to 30 meters and made from molded polycarbonate with hardened mineral crystal.
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Sending your order to a friend or family as a gift? Why not have your gift wrapped beautifully by our experienced gift wrap team for just £3.55, it will look stunning! We wrap your gift in stylish branded wrapping and finish off with a handsome thick grosgrain chocolate ribbon. A matching little gift card hand written will also be added for that personal touch, just add your wording for your gift card above.
This hardback journal features a colourful geometric book inspired cover design and inside is filled with pages for recording and reviewing the books you read. The record pages have spaces for the book details, a star rating and a full page of notes. But what makes this journal so unique is the variety of additional information it includes: pages to note favourite characters, reading trees, literary pilgrimages, book-film ties and quotations. It also has a comprehensive list of reading recommendations from the classics to Booker Prize Winners and the BBC top 100 so you always have something new in mind to read. And finally, a borrowing and lending record lets you keep track of those favourites you share with friends. This is a journal that any book lover will treasure for years to come.
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Home > Post > Post 14 > Post 14 News Release > 2013 News Releases > News Release
News Release
TFC Michael Murriell
Public Affairs Officer
Kentucky State Police
Post 14, Ashland
(606) 928-6421
Click here to e-mail TFC Michael Murriell
Two Boyd County Residents Charged with Prostitution
Date of News Release: 04/29/2013
(Ashland, Ky.) -- The Kentucky State Police in Ashland have charged two Boyd County residents with prostitution.
On April 24, 2013, after receiving reports of prostitution in the area of Winchester Avenue in the city limits of Ashland The Kentucky State Police began an investigation into the illegal activity. Troopers responded and located two suspicious individuals in the area. Through investigation and interviews it was determined the two individuals had made arrangements to engage in sexual contact for money.
(Specific details of the investigation are currently not available for release.)
Jamie D. Abrams, age 28, of Catlettsburg, KY has been charged with Prostitution, Prostitution while infected (S.T.D.) and Loitering for Prostitution Purposes.
Donna M. Sanchez, age 28, of Ashland, KY has been charged with Prostitution and Loitering for Prostitution Purposes.
The investigation is ongoing by Trooper Zach Thompson and Trooper Devan Cleaver.


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Scott Satchfield / Eyewitness News
Email: email@example.com | Twitter: @satchfield
It's a $52 million restoration effort and, Thursday, work continued at the Saenger Theatre, which first opened in 1927, but has been closed since Hurricane Katrina. Much work has been done, but there are miles to go.
"They're finishing up on the restorative painting. They are in the process of constructing the stage house. The stage house floor has been poured," said Cindy Connick, Executive Director of the Canal Street Development Corporation.
Thursday morning, officials gathered in the area known as the arcade to set the stage for the theatre's grand reopening, this fall.
"From concerts to Broadway, the 2,600-seat Saenger, when it reopens, will be the home for New Orleans' finest performing arts attractions," said Ace Theatrical Group General Manager David Skinner.
Skinner and others announced a major lineup of Broadway shows, beginning with 'The Book of Mormon', and including other titles like 'Ghost', 'Beauty and the Beast', 'Memphis' and 'War Horse'.
"What you see today is the culmination of seven years of really hard work by a lot of very talented people," Connick said.
Along the way however, the project that has seen its share of hold-ups.
"Two years ago, the historic tax credits were about to expire, so it was a little bit of a delay in the project while we got those projects renewed," Connick said.
Now, though, the construction schedule is in full swing and officials say when its call complete, the Saenger will once again become a cultural anchor for the city.
"It's gonna be a full multi-purpose venue with Broadway shows and concerts and comedians and anything that you can imagine that would fit in the house with 2,600 seats, we're gonna try to get it here," Connick said.


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Obviously losing a starting pitcher who was throwing the best he has all season stings. Fortunately, the Braves have two starters that are ready to join the rotation, one doing so today and one who starting in triple-A last night. While there are question marks surrounding both starters, there is enough potential in both to be confident that the rotation will hardly miss a beat with Hudson out and Alex Wood and Brandon Beachy in.
I stated last week when I was vying for Wood to get a rotation spot that Beachy's lack of command at triple-A was concerning. He again walked more than he struck out last night for Gwinnett which is very concerning, but the Braves are more-or-less forced to push Beachy into the rotation and hope his command gets straightened out in games that count. I was stating before Hudson's injury and after Beachy's outing that I think he needs one more start, but obviously things change just as they did with Evan Gattis right before the All-Star Break. Sometimes the game surprises you and action has to be made. This is one of those times.
I am confident enough in Wood and Beachy that I do not think the Braves should trade for a starter. Julio Teheran and Mike Minor have been great this year and, while they are not Cy Young contenders or household names for non-Braves fans, they can go up against any team in the league and give the Braves a chance to win. If one of Medlen, Beachy, or Wood can establish themselves as a legitimate third starter for the remainder of the year, there should not be much of a need to jump out and get a similar quality starter.
There can be a case to be made to go and get a legitimate ace, but that is expensive and could sacrifice the future. At this point in time, the Braves' system is not what it was when they bought in and went for it in the past. Emptying out the system for an ace could cause long term issues to the system, and, while it is not out of the question, I do believe it is doubtful that the Braves make that type of move.
If the Braves need to make a move for a middle of the rotation guy, they can probably make such a move in August after the July 31 deadline. The rotation has been a big strength all year and I expect that to continue despite the loss of Tim Hudson. It is a youthful group now but one with a lot of talent and potential. I expect Wren and company look at the group the same way and are confident that they can perform down the stretch and in October.