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Benefit Cosmetics
Bigger & Bolder Brows Kit
Buildable-color Kit For Dramatic Brows
$60.00 $60.00 $60.00
Free Delivery
- Description
- Ingredients
- How To
- Full-size Ka-BROW! Cream-Gel Colour (2.9 mL).
- Full-size High Brow Highlight & Lift Pencil (2.8 g).
- Mini-size Ready, Set, BROW! 24-Hour Setting Gel (3.2 mL).
- Shaping stencils and stencil holder.
- Tips & Trick tutorials.
- Paraben-free, sulfate-free and phthalate-free.
Go ahead, be dramatic. Build bigger, fuller brows with the all-in-one Bigger & Bolder Brows Kit. Instantly shape, fill and set to take eyebrows from natural to all-drama. A cream-gel colour provides buildable, smudge-proof colour that lasts up to 24 hours and ranges in looks from soft for day to bold by night. Plus, the cap transforms into a full-length brush for ultimate precision and control. Take your arches to new heights with the highlight and lift pencil. Keep your finished look polished and fresh all day with the 24-hour setting gel. Plus, to get you started on creating your own custom, expert-level brows, Benefits Cosmetics included shaping stencils and their signature Tips & Tricks. You and your brows are all set.
Set Includes
Unless otherwise stated and to the fullest extent permissible by law, Sephora disclaims all warranties, representations and conditions (whether express or implied) as to the veracity, accuracy, completeness, currency or any other aspects of any product claims or descriptions on this website which have been provided by to us by third parties (e.g. the relevant brand owners or customers reviews). Sephora has not independently verified such product claims or descriptions. Customers and users who wish to rely upon such product claims, descriptions or customer reviews should consult directly with such third parties.
Ready, Set, BROW! 24-Hour Setting gel: Water, Alcohol, Acrylates Copolymer, Amp-Acrylates Copolymer, Hydroxyethylcellulose, Phenoxyethanol, Peg-12 Dimethicone, Caprylyl Glycol, Panthenol, Butylene Glycol, Gossypium Herbaceum (Cotton) Extract.
High Brow Highlight & Lift Pencil: Ethylhexyl Palmitate, Silica, Synthetic Wax, Stearyl Dimethicone, Bis-Diglyceryl Polyacyladipate-2, Hydrogenated Polydicyclopentadiene, Mica, Synthetic Beeswax, Pentaerythrityl Tetra-Di-T-Butyl Hydroxyhydrocinnamate, Bht. [+/-: Ci 19140 (Yellow 5, Yellow 5 Lake), Ci 42090 (Blue 1 Lake), Ci 75470 (Carmine), Ci 77007 (Ultramarines), Ci 77163 (Bismuth Oxychloride), Ci 77288 (Chromium Oxide Greens), Ci 77289 (Chromium Hydroxide Green), Ci 77491, Ci 77492, Ci 77499 (Iron Oxides), Ci 77510 (Ferric Ferrocyanide, Ferric Ammonium Ferrocyanide), Ci 77742 (Manganese Violet), Ci 77891 (Titanium Dioxide)].
Ka-BROW! Cream-Gel Colour: Isododecane, Polyethylene, Methyl Trimethicone, Trimethylsiloxysilicate, Barium Sulfate, Hydrogenated Polyisobutene, Cera Alba (Beeswax), Copernicia Cerifera (Carnauba) Wax, Mica, Disteardimonium Hectorite, Phenoxyethanol, Propylene Carbonate, Triethoxycaprylylsilane, Bht. [+/-: Ci 19140 (Yellow 5, Yellow 5 Lake), Ci 42090 (Blue 1 Lake), Ci 77007 (Ultramarines), Ci 77163 (Bismuth Oxychloride), Ci 77288 (Chromium Oxide Greens), Ci 77289 (Chromium Hydroxide Green), Ci 77491, Ci 77492, Ci 77499 (Iron Oxides), Ci 77510 (Ferric Ferrocyanide, Ferric Ammonium Ferrocyanide), Ci 77742 (Manganese Violet), Ci 77891 (Titanium Dioxide)].
Stencil: Choose a shaping stencil (straight or arched) then slide it into the holder. Position the upper edge of the stencil along the base of your brow then align the pink line with the highest point of your brow.
Build: Pull the brush out from the cap of ka-BROW!, turn it around, and pop it back into the cap to transform it into a full length brush for extra precision and control. Use a tiny amount of the cream-gel eyebrow color to trace along the stencil, creating the baseline for brows. Remove the stencil and fill in the rest of your brow. Flip the stencil horizontally then repeat on the other brow.
Set: Apply Ready, Set, BROW! Setting Gel to lock in place.
Highlight: For brighter, boosted and younger-looking eyes, apply the High Brow Highlight & Lift Pencil along brow bone and blend.
All of our products are 100% authentic
ratings & reviews 8 reviews
Noor azura ayu mohd ishak
Medium - Very good
At first I found the formula is drying, but after a few tries, I feel like I really love it. I don't like the mini brush because it didn't pick much product. I really like the brow gel, but the highlighter pencil is too pink. Didn't suit my skin tone.
Was this review helpful?
Medium - GOOD VALUR
ITS VERY GOOD DEAL! u got full ize of ka brow and highbrow (value 230rm) and u got also mini setting gel. my brow stay nicely for all day long. the medium no 3 its suitable for medium tan with light brown hair like me. the minus only, the aplicator shapping is useless.
Was this review helpful?
Deep - Bigger & Bolder brows
This package is really value for money with both ka-brow and the brow highlighter in full sizes. Ka-brow is really nice and easy to use, so are the rest of the products inside. Minus one star because of the stencils. I bought this set really wanting the stencils to work, but the sizes and shape dont seem to match my eyes well. Maybe I just dont know how to use it right, but it's a little flimsy and doesn't stay on the holder.
Was this review helpful?
Medium - Great
The packaging is adorable. the kabrow truuuuuuly does its job. The ready set brow included is amazing! The stencils that came with the set is alright, but I personally prefer it to be replaced with another product cause i don't really use it. I wish the highlight pencil wasn't pink, maybe nude instead and also i wish it came with a spoolie. If you're looking for a value for money product then this is it.
Was this review helpful?
Medium - Worthy set
Whether you want bold and dramatic brows or precisely defined brows, the Benefit Cosmetics Brow Kits have got you covered. I think this is the perfect kit for an introduction to their line. It's a great way to try out their new brow range a great introductory price with immense savings.
Was this review helpful?
Medium - big savings!
i love all of benefits eye makeups and this kit super saves a lot of money! the case is nice too, i've started using it as my make up kit for when i'm not at home. it has 2 full-sized products that are worth around 1500 each plus a bonus mini product.
Was this review helpful?
Nora dayana amir abdullah
Deep - Bigger & Bolder Brow
Love the set that Benefits offer, but the Ka-brow is quite difficult to play with. the mini brush that come together was flimsy and i need to grab another eyebrow brush to do the rest of my eyebrow. it's a great combo but it kinda disappoint me. Maybe i technique are wrong. hmm
Was this review helpful?
Courtney mackey
Medium - Brows
Oh my! I bought this pack last week, and I have really enjoyed it so far. I have red hair, so colour 3 is perfect for me, but unfortunately they don't have there full colour range available in these packs yet. The high brow is great for defining brows, but I haven't used the tool that comes with it yet- seems a little pointless to me
Was this review helpful?


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"My hometown Brielle" Top 5 Page for this destination Netherlands Off The Beaten Path Tip by ATLC
Netherlands Off The Beaten Path: 290 reviews and 315 photos
The small town of Brielle can't be missed. A miniature Amsterdam with among the highest number of monuments per square kilometer in the country.
5 km. from the beach and 25 km. from Rotterdam. Traffic permitting it's a 75 min. drive from Amsterdam.
Lovely shops, many restaurants and pubs.
Plenty of hotels and campings and only 10 min. away from the ferry Hull (UK) - Europoort.
Explore the famous Deltaworks from Brielle. Or enjoy a seaside holiday.
See my Brielle page!
Website: http://members.virtualtourist.com/m/2bf0c/70f65
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- on Audio/Video/Photography
- Published in issue 6/2008 on page 26
Powerful switching audio supply
The switch-mode power supply unit (SMPSU) is renowned for its efficiency but notorious for its design complexity, compared with its predecessor the linear supply. With the SAPS-400 we offer a powerful, adjustable symmetrical supply that's ideal for lightweight audio power amplifiers and happily sits in less than a quarter of the space taken by a comparable supply of conventional design.
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Little Girl Flower Girl Dress Yellow
Take great care of the quality when searching for a little girl flower girl dress yellow for your girl. Children are usually delicate, and they may get allergic when wearing a low quality dress. For the purpose of satisfying our customers, Cocomelody provides this special selection of little girl flower girl dress yellow for you. Every single item from this collection is guaranteed to be both perfect in design and quality. Since we're on big discount now, you're able to buy a great quality dress on the cheap! Shop from us immediately!
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Jane Worssam being presented with the first monthly award from the Clinical Team for outstanding performance in recognition of her help, work and support with the quality system administration for the CQC and other regulatory audits. Well done Jane!
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Photo by Mark J. Rebilas-USA TODAY Sports Over the weekend, Tito Ortiz announced that his scheduled bout with Chael Sonnen at Bellator 170 on January 21 in Inglewood, California would be his last. It read news >>
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The UFC 206 middleweight bout between Kelvin Gastelum and Tim Kennedy is now official for Dec. 10 in Toronto. read news >>
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Check out the highlights from the UFC Fight Night 101 bout between lightweights Alex Volkanovski and Yasuke Kasuya from Saturday's event in Melbourne, Australia. read news >>


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Hotels in St. John's
Quality Hotel Harbourview St John's2 Hill O'Chips, St. John's 3.0 out of 5.0
Located in Downtown St. John's, this eco-friendly hotel is within a 5-minute walk of Harbourside Park, National War Memorial, and Port of St. John's. Commissariat ...
Very friendly staff and comfortable bed and room. Harbour View was nice to see all the action. Great free parking. Real good restaurant on-site with room service from restaurant.
Sheraton Hotel Newfoundland115 Cavendish Square, St. John's 4.0 out of 5.0
Located in Downtown St. John's, this spa hotel is within a 5-minute walk of Commissariat House and Port of St. John's. Harbourside Park and St. John's Government ...
We loved the location. It's close to Signal Hill, Harbor/downtown, shopping, restaurants and easy to get to from airport. We were visiting family in St. John's, Torbay, Pouch Cove and were also able to do day trips down the Irish Loop and Cape St. Mary's. The only thing is the non-refundable pre-paid ...
Comfort Inn Airport106 Airport Rd, St. John's 2.5 out of 5.0
This family-friendly St. John's hotel is located near the airport, within 3 mi (5 km) of Confederation Building, Suncor Energy Fluvarium and Art Gallery of Newfoundland ...
Perfect location for rest before a wake up call at 3:30am for extremely long trip back home to CA. Thank you.
Hampton Inn & Suites by Hilton St. John's Airport411 Stavanger Drive, St. John's 2.5 out of 5.0
Situated near the airport, this hotel is within 3 mi (5 km) of Clovelly Golf Club, Rennie's River Trail, and Confederation Building. Quidi Vidi Lake is 2.9 mi ...
Had to stay over extra days and the staff made it very comfortable to do so.
Fairfield Inn & Suites by Marriott St. John's Newfoundland199 Kenmount Rd, St. John's 2.5 out of 5.0
This family-friendly St. John's hotel is located near the airport, within 2 mi (3 km) of Avalon Mall and Memorial University of Newfoundland Botanical Garden. ...
Really enjoyed our stay the kids loved it especially. The only thing that surprised me was the amount of dirt on the stairs going up to the pool. the last time we stayed it was spotless... and could easily be cleaned off for it to be perfecta again!
Courtyard by Marriott St. John's Newfoundland131 Duckworth Street, St. John's 3.0 out of 5.0
Located in Downtown St. John's, this hotel is within a 5-minute walk of Harbourside Park and National War Memorial. Atlantic Place and The Rooms are also within ...
Comfortable hotel overlooking St. John's Harbour and near the downtown area. Hotel staff very friendly. Our room was comfortable, clean and very quiet. Free parking across the street. Dining facilities are excellent.
Delta Hotels by Marriott St. John's Conference Centre120 New Gower Street, St. John's 3.5 out of 5.0
Located in Downtown St. John's, this eco-friendly hotel is within a 5-minute walk of Mile One Centre and Visitor Information Center City of St.John's. Newman ...
Friendly staff, comfy and quiet room. I had a big presentation to work on and was able to complete it in peace. The room smelled a bit musty though. I like the fact that there is a nice sized fridge in the room instead of a mini-bar.
Holiday Inn St. John's Conference Centre180 Portugal Cove Road, St. John's 3.0 out of 5.0
Situated near the airport, this eco-friendly hotel is within 1 mi (2 km) of Confederation Building, Suncor Energy Fluvarium, and Art Gallery of Newfoundland ...
no comments, did not do much in the hotel just need a place for overnight
Ramada St. John's102 Kenmount Rd, St. John's 3.0 out of 5.0
Situated in St. John's, this hotel is 0.9 mi (1.4 km) from Avalon Mall and within 3 mi (5 km) of Memorial University of Newfoundland Botanical Garden and Aquarena ...
We enjoyed the spacious room. The beds were comfortable and the bathroom clean. Decent restaurant attached.
The Murray Premises Hotel5 Becks Cove, St. John's 3.5 out of 5.0
Located in Downtown St. John's, this hotel is within a 5-minute walk of Visitor Information Center City of St.John's and Atlantic Place. St. John's Courthouse ...
St. John's Hotels
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Whether you're searching for hotels in St. John's on business, or hunting for a family getaway, St. John's hotel options are only a click away. Find hotels in St. John's with the location, star-rating and facilities you need. Narrow your search results even further by star rating, hotel chain and amenities, such as free parking, babysitting services, or fitness centers. And with area maps, you can view St. John's hotels close you are to the airport and nearby attractions.
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Thanks to photos and virtual tours, you can look before you book your St. John's hotel reservation. Check out St. John's hotel properties using interactive tools which allow you view hotel rooms, common areas and key features. On Orbitz, you can also learn more about hotels in St. John's with unbiased reviews from verified St. John's hotel guests. We ask guests to offer candid feedback on services, comfort, location, value and amenities.
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Cities near St. John's
- Mount Pearl Hotels (5.28 mi)
- Petty Harbour Hotels (6.38 mi)
- Bell Island Hotels (12.71 mi)
- Bay Roberts Hotels (25.46 mi)
- Portugal Cove - St. Philips Hotels (7.98 mi)
- Paradise Hotels (8.48 mi)
- Harbour Grace Hotels (26.03 mi)
- Holyrood Hotels (28.61 mi)
- Witless Bay Hotels (20.19 mi)
- Torbay Hotels (6.8 mi)
- Goulds Hotels (7.86 mi)
- Conception Bay South Hotels (14.29 mi)
- Pouch Cove Hotels (14.33 mi)
- Bay Bulls Hotels (17.58 mi)
- Harbour Main Hotels (23.09 mi)
St. John's Neighborhoods
Top Points of Interests in St. John's
- Masonic Temple Hotels
- Signal Hill Hotels
- The Rooms Hotels
- Christ Church Hotels
- Memorial University of Newfoundland Hotels
- Avalon Mall Hotels
- Immaculate Conception Church Hotels
- Spirit of Newfoundland Hotels
- Mile One Centre Hotels
- Cabot Tower Hotels
- Anglican Church of Canada Hotels
- Fort Amherst Hotels
- National War Memorial Hotels
- Johnson Geo Centre Hotels
- Newman Wine Vaults Hotels
- Confederation Building Hotels
- Railway Coastal Museum Hotels
- Wesley United Church Hotels
- Clovelly Golf Club Hotels
- Quidi Vidi Lake Hotels
Hotels by Airports near St. John's
Top Flights to St. John's
- London to St. John's
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Hotels by Star Rating
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* Prices reflect the lowest "base rate" found over the next 30 days. Rates are subject to change and may not include taxes and fees, hotel service charges, extra person charges, or incidentals, such as room service. All rates are displayed in USD unless otherwise noted. Converted rates are provided for your convenience. They are based on today's exchange rate, but the hotel will charge you in the local currency.


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August 27, 2009
MDL Docket No. 1384
This Filing Applies To: Teva Defendants C.A. No. 00-CV-4168 (FSH) C.A. No. 00-CV-4589 (FSH) IVAX Defendants C.A. No. 00-CV-6073 (FSH) C.A. No. 01-CV-0193 (FSH) C.A. No. 01-CV-1537 (FSH) Eon Defendants C.A. No. 01-CV-2194 (FSH)
HOCHBERG, District Judge
This matter comes before the Court upon Plaintiff Warner-Lambert's Motion to Strike Certain Affirmative Defenses of the Teva, IVAX, and Eon Defendants (Docket # 430), pursuant to Fed. R. Civ. P. 12(f).*fn1 The Court has considered the briefs of the parties, and oral argument held on April 22, 2009.*fn2
I. Background
Plaintiffs are the drug manufacturers and patent holders for gabapentin, a drug that is used to prevent and limit epileptic seizures. Gabapentin has been marketed under the tradename Neurontin since 1994.*fn3 Defendants are generic drug manufacturers seeking to market their own generic versions of Neurontin.*fn4 Plaintiffs brought suit against Defendants, alleging infringement of U.S. Patent No. 6,054,482, entitled "Lactam-Free Amino Acids" (the "'482 Patent").*fn5 The facts and allegations underlying this action have been discussed comprehensively, both in this Court's earlier opinions and in other actions involving the same parties and patents. However, for purposes of this motion and the others decided by the Court today, the following background is relevant and bears repeating.
A. Warner-Lambert's Gabapentin Patents
Warner-Lambert scientists discovered gabapentin in the 1970s, and learned that gabapentin was useful in preventing and limiting epileptic seizures. Warner-Lambert has since obtained various patents covering the drug and its uses. In 1977, Warner-Lambert obtained U.S. Patent No. 4,024,175 (the "'175 Patent"), which claimed the chemical molecule gabapentin anhydrous. The '175 Patent expired in 1994. In 1979, Warner-Lambert obtained U.S. Patent No. 4,087,544 (the "'544 Patent") covering the use of gabapentin to treat epilepsy. The '544 Patent would have expired on May 2, 1995, but its term was extended under 35 U.S.C. § 156 until January 16, 2000 (and subsequently until July 16, 2000 pursuant to the FDA's pediatric exclusivity regulations).
In the late 1980s, Warner-Lambert chemists discovered a new form of the gabapentin compound in which each gabapentin molecule is associated with one molecule of water.*fn6 This monohydrate is very crystalline and can be purified to a high degree. After purification, the monohydrate can be readily converted back to the anhydrous form, containing no water. On January 16, 1990, Warner-Lambert obtained U.S. Patent No. 4,894,476 (the "'476 Patent") claiming the new monohydrate. The '476 Patent expired on May 2, 2008.
At about the same time, Warner-Lambert also discovered that gabapentin could be useful in slowing or preventing neurodegeneration. On January 28, 1992, Warner-Lambert received U.S. Patent No. 5,084,479 (the "'479 Patent"), claiming the use of gabapentin anhydrous to treat neurodegenerative diseases. This patent expires on January 2, 2010. The '479 Patent's dependent claims describe a method wherein the neurodegenerative disease is stroke, Alzheimer's disease, Huntington's disease, Amyotrophic Lateral Sclerosis (A.L.S.), and Parkinson's disease. Warner-Lambert has neither sought nor received FDA approval to promote Neurontin for the treatment of neurodegenerative diseases.
Despite holding the initial patent for gabapentin since 1979, the creation of a commercially viable gabapentin product was complicated by the fact that under certain conditions during the manufacturing process, gabapentin has a tendency to form a lactam, which makes the drug unstable and unsafe. Warner-Lambert scientists ultimately determined that all gabapentin products had to be essentially free from mineral acid impurities, and that certain adjuvants that promote the conversion of gabapentin to gabapentin lactam must be avoided. In an effort to minimize the formation of lactam during the manufacturing process, Warner Lambert developed a new process, for which the company sought an additional patent in August 1990 when it filed U.S. Patent Application No. 07/570,500 ("the '500 Application"). As described below, the parties dispute the details of the resulting patent prosecution. The low-lactam gabapentin patent ultimately issued as the '482 Patent on April 25, 2000 and it expires on April 25, 2017. The '482 Patent is the subject of Warner-Lambert's current infringement actions.*fn7
B. Neurontin And The Neurontin Market
Warner-Lambert developed its Neurontin products on the basis of these patents. Following clinical trials, Warner-Lambert submitted New Drug Applications ("NDAs") to the FDA for the use of gabapentin to treat epilepsy. The FDA approved NDA No. 20-235, for Neurontin capsules, on December 30, 1993 and NDA No. 20-882, for Neurontin tablets, on October 9, 1998.
Warner-Lambert filed several Orange Book listings in connection with the development and sale of Neurontin. In January 1992, Warner-Lambert certified that the '175 Patent and the '544 Patent covered the formulation, composition and/or method of use of the drug product that was the subject of NDA No. 20-235. Both the '175 Patent and the '544 Patent were then listed in the Orange Book. Once NDA No. 20-235 was approved, Warner-Lambert amended its patent notification statement to include the '476 and '479 Patents, certifying that they also covered the formulation, composition and/or method of use of the drug product that was the subject of that NDA. They were listed in the Orange Book in May 1994 and January 1996, respectively. In April 2000, Warner-Lambert certified that the '482 Patent also covered the drug product at issue in both NDA No. 20-235 and NDA No. 20-882, resulting in an Orange Book listing for the '482 Patent as well.
Warner-Lambert first began selling Neurontin capsules in early 1994. According to the FDA's required labeling, gabapentin is useful for "adjunctive therapy in the treatment of partial seizures with and without secondary generalization in adults with epilepsy."*fn8 This was the only use approved by the FDA at the time.*fn9
Once Warner-Lambert began marketing Neurontin, however, doctors also began to use Neurontin to treat neurodegenerative conditions such as Parkinson's disease, A.L.S. and neuropathic pain, even though it had not been approved by the FDA for such uses.*fn10 Increased awareness of these off-label uses of Neurontin led to significant sales for non-epilepsy uses. By 2000, more than 78% of Neurontin prescriptions were written for off-label uses, including the treatment of neuropathic pain and neurodegenerative diseases.
C. Generic Manufacturers And Their Gabapentin Products
Beginning in 1998, several generic drug manufacturers filed Abbreviated New Drug Applications ("ANDAs") seeking FDA approval to market generic gabapentin products after the expiration of the '544 Patent (and its pediatric extension).*fn11
The Teva Defendants filed two ANDAs: No. 75-435 for gabapentin capsules on or before September 24, 1998; and No. 75-827 for gabapentin tablets on or before June 5, 2000. The IVAX Defendants also filed two ANDAs: No. 75-477 for gabapentin capsules on or before November 2, 2000; and No. 76-017 for gabapentin tablets on or before December 21, 2000. The Eon Defendants filed one ANDA, No. 75-539 for gabapentin capsules on or before February 5, 2001. Each applicant filed Paragraph III Certifications with respect to the '544 Patent and Paragraph IV Certifications with respect to the '482 Patent.*fn12 Warner-Lambert initiated this litigation in June 2000 on the basis of Defendants' Paragraph IV Certifications concerning the '482 Patent.
Despite these lawsuits, Defendants began selling their generic gabapentin products "at risk" before a court ruling on infringement liability had issued. The Teva Defendants launched their gabapentin capsules in October 2004 and their tablets in December 2004. The IVAX Defendants launched their gabapentin tablets in August 2004 and their capsules in March 2005. And the Eon Defendants launched their gabapentin capsules in or about April 2005.
II. Procedural History
In June 2000, Warner-Lambert sued Defendants for infringement of the '482 Patent on the basis of the Paragraph IV Certifications directed at that patent. After an initial period of discovery, Defendants filed various summary judgment motions between 2001 and 2003, including motions for summary judgment of noninfringement and patent invalidity. During the pendency of those motions, Warner-Lambert unsuccessfully sought a preliminary injunction to enjoin IVAX, Purepac and Teva from launching their products.
On August 25, 2005, Judge Lifland issued several rulings based upon his claim construction of the '482 Patent.*fn13 Judge Lifland also granted the motion for summary judgment of noninfringement, finding that Warner-Lambert had not adduced sufficient evidence to establish that the allegedly infringing generic products met the limitation imposed by the '482 Patent that anions of a mineral acid could not exceed 20 ppm, and, therefore, did not satisfy its burden of proof on the issue of infringement.
Plaintiffs appealed the claim construction of "anion of a mineral acid" and "adjuvant," which appear in Claim 7 of the '482 Patent, as well as the finding of noninfringement. On September 21, 2007, the Federal Circuit upheld Judge Lifland's construction of those patent terms but concluded that the district court had "erred in determining that there was no genuine issue of material fact concerning whether Warner Lambert failed to meet its burden of proof that the accused products infringe the asserted claims of the '482 Patent." In re Gabapentin Patent Litig., 503 F.3d at 1256.*fn14 The Federal Circuit remanded the case for further proceedings. Id. at 1266.
On April 1, 2008, Plaintiffs filed Amended Complaints against the Teva, IVAX, Eon and Purepac Defendants. Each of the Amended Complaints sets out the same two claims. Count 1 asserts patent infringement under 35 U.S.C. § 271(e)(2)(A) based on Defendants' submission of ANDAs seeking approval to market their own gabapentin capsules and/or tablets. Count 2 asserts actual infringement of the '482 Patent under 35 U.S.C. § 271(a) based upon Defendants' launch and subsequent sales of their gabapentin products.*fn15 Plaintiffs argue that Defendants have infringed their patent "by making, using, offering to sell, selling and/or importing" the gabapentin products referenced in the ANDAs. Plaintiffs seek judgment that Defendants have infringed the '482 Patent under both statutory provisions; an order directing the FDA to revoke or withdraw approval of the ANDAs until the expiration of the '482 Patent; a permanent injunction restraining Defendants from manufacturing, selling or importing any gabapentin product covered by the '482 Patent; and awards of damages, interest, costs and attorneys' fees.
Answers to Plaintiffs' Amended Complaints were filed on April 14, 2008 and raise a number of affirmative defenses and counterclaims. On June 16, 2008, Warner-Lambert moved to strike the unclean hands defense raised by the Eon, IVAX and Teva Defendants and the patent misuse defense raised by the IVAX and Teva Defendants, claiming that they are not viable as a matter of law.*fn16
III. Standard of Review
Plaintiffs submit this motion pursuant to Fed. R. Civ. P. 12(f), which allows the Court to "strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Such a motion offers the primary opportunity for a plaintiff to object to affirmative defenses. "The purpose of a motion to strike is to clean up the pleadings, streamline litigation, and avoid unnecessary forays into immaterial matters." McInerney v. Moyer Lumber & Hardware, Inc., 244 F. Supp. 2d 393, 402 (E.D. Pa. 2002).
Because a motion of this sort challenges the legal sufficiency of the pleading, it is governed by the same standards as a motion to dismiss filed pursuant to Fed. R. Civ. P. 12(b)(6). Eisai Co., Ltd. v. Teva Pharm. USA, Inc., 557 F. Supp. 2d 490, 493 (D.N.J. 2008) (citing Mars Inc. v. JCM American Corp., No. 05-3165, 2006 WL 1704469, at *4 (D.N.J. June 14, 2006)). An affirmative defense is insufficient as a matter of law if it cannot succeed under any circumstances. Id. (citing In re Sunrise Sec. Litig., 818 F. Supp. 830, 840 (E.D. Pa. 1993)). Accordingly, to determine whether Defendants' affirmative defenses are insufficient, the Court must accept all factual allegations in the Answers as true, construe the Answers in the light most favorable to Defendants, and determine whether, under any reasonable reading of the pleadings, Defendants may be entitled to relief. Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008).
The Court recognizes that applying Rule 12(f) to strike an affirmative defense "is a drastic remedy, to be resorted to only when required for the purposes of justice." North Penn Transfer, Inc. v. Victaulic Co. of America, 859 F. Supp. 154, 158 (E.D. Pa. 1994); see also Garlanger v. Verbeke, 223 F. Supp. 2d 596, 609 (D.N.J. 2002) ("Because of the drastic nature of the remedy, however, motions to strike are usually 'viewed with disfavor' and will generally 'be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties, or if the allegations confuse the issues.'") (citing Tonka Corp. v. Rose Art Indus., Inc., 836 F. Supp. 200, 217 (D.N.J. 1993)). Nevertheless, "courts have recognized that such motions may serve to hasten resolution of cases by eliminating the need for discovery which in turn saves time and litigation expenses." Resolution Trust Corp. v. Moskowitz, No. 93-2080, 1994 WL 229812, at *13 (D.N.J. May 24, 1994). Motions to strike are granted, therefore, "when a defense is legally insufficient under any set of facts which may be inferred from the allegations of the pleading." Glenside West Corp. v. Exxon Co., 761 F. Supp. 1100, 1115 (D.N.J. 1991).
IV. Discussion
Plaintiffs argue that Defendants' unclean hands and patent misuse defenses are not viable as a matter of law. In support, they claim that these defenses "have absolutely nothing to do with the infringement issue or the enforcement of the '482 Patent." Plaintiffs' Opening Brief in Support of Their Motion to Strike Certain Affirmative Defenses of Teva, IVAX, and Eon Defendants at 1, In re Gabapentin Patent Litig., No. 00-2931 (D.N.J. June 16, 2008) ("Plaintiffs' Opening Brief"). In response, Defendants argue that neither defense should be so narrowly-construed or mechanically-applied. They emphasize that patent misuse and unclean hands are both equitable defenses and that the Court has broad discretion to grant relief on a case-by-case basis. Because they have made specific allegations of bad-faith and anticompetitive conduct, Defendants urge the Court to exercise its discretion in their favor, so long as they can prove that Plaintiffs' conduct was sufficiently egregious.
A. Unclean Hands
Defendants have asserted an unclean hands defense on the basis of allegations and admitted facts concerning Warner-Lambert's efforts to promote Neurontin for off-label uses.*fn17
Shortly after Warner-Lambert launched Neurontin, the company estimated that its potential lifetime sales would likely amount to less than $500 million, partly because Neurontin was approved only for limited use as an adjunct therapy for adult epilepsy and because the resulting market for that approved indication was small. In re Neurontin Mktg. and Sales Practices Litig., 244 F.R.D. 89, 92 (D.Mass. 2007). Defendants allege that, in response, Warner-Lambert decided to aggressively and illegally promote Neurontin for a variety of unapproved uses, without seeking FDA approval, in order to inflate market share and profits.*fn18
Warner-Lambert's off-label marketing of Neurontin was highly successful. By 2004, shortly before the launch of generic equivalents, an estimated 90% of Neurontin sales were for off-label uses, down slightly from a peak of 94% in 2002. According to Defendants, Warner-Lambert continues to benefit from these activities because it still exploits the market share it acquired illegally. Indeed, Defendants characterize the pending patent infringement actions as simply another attempt to preserve an ill-gotten profit stream by using patents to prevent competition and maintain market-exclusivity for Neurontin. According to Defendants, Plaintiffs have, therefore, approached this litigation with unclean hands which should preclude the injunctive and other equitable relief sought in their Amended Complaints.
Plaintiffs move to strike this defense on the grounds that the Teva, IVAX, and Eon Defendants have failed to tie Warner-Lambert's marketing misconduct to any issue pending before the Court.*fn19 Plaintiffs repeatedly emphasize that, even though Defendants have included details of Warner-Lambert's marketing activities in their pleadings, the instant action concerns only the alleged infringement and enforcement of the '482 Patent. Any marketing misconduct on Warner-Lambert's part, Plaintiffs contend, is neither directly related nor closely connected to the issues and objectives of the litigation. This Court agrees.
The maxim of unclean hands mandates that "he who comes into equity must come with clean hands." Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 814 (1945). Pursuant to this doctrine, a court may refuse to "grant relief to one who is a wrongdoer with respect to the subject matter of the suit." DirecTV, Inc. v. Weikel, No. 03-5300, 2005 WL 1243378, at *4 (D.N.J. May 25, 2005) (citing Borough of Princeton v. Bd. of Chosen Freeholders of the County of Mercer, 169 N.J. 135, 158 (2001)). In assessing whether to allow a defendant to pursue an unclean hands defense, courts are not "bound by formula or restrained by any limitation that tends to trammel the free and just exercise of discretion." Keystone Driller Co. v. Gen. Excavator Co., 290 U.S. 240, 245-46 (1933). However, in exercising such discretion, "the primary principle guiding application of the unclean hands doctrine is that the alleged inequitable conduct must be connected, i.e., have a relationship, to the matters before the court for resolution." In Re New Valley Corp., 181 F.3d 517, 525 (3d Cir. 1999) (quoting Keystone Driller, 290 U.S. at 245).
For purposes of this motion, the Court takes the allegations of Warner-Lambert's criminal misconduct as true. Despite doing so, it is clear that Defendants have not, however, alleged that such misconduct gave rise to or affected the patent rights or cause of action now pursued by Warner-Lambert. In the absence of such a connection, an unclean hands defense is not viable, as "courts in this Circuit have generally been clear that the connection between the misconduct and the claim must be close." In Re New Valley Corp., 181 F.3d at 525. As the New Valley Court explained, a court should "not refuse relief to a party merely because it has engaged in misconduct which is unrelated to its claims before the court. Only when 'some unconscionable act of one coming for relief has immediate and necessary relation to the equity that' the party seeks, will the doctrine bar recovery." Id. (citing Keystone Driller, 290 U.S. at 245); see also Ciba-Geigy Corp. v. Bolar Pharm. Co., Inc., 747 F.2d 844 (3d Cir. 1984) (upholding the district court's rejection of an unclean hands defense because the plaintiff's alleged wrongdoings did not relate to the subject matter of the plaintiff's trademark infringement claims and did not, therefore, merit the preclusion of an injunction).
In the context of patent litigation, assertions of unclean hands have typically succeeded only in situations in which the misconduct related in some way to the procurement of the particular patent in question. See MedPointe Healthcare, Inc. v. Hi-Tech Pharmacal Co., Inc., 380 F. Supp. 2d 457, 465-66 (D.N.J. 2005); see also Monsanto Co. v. Rohm & Haas Co., 456 F.2d 592, 594 n.3 (3d Cir. 1972) (observing that "a patentee guilty of obtaining a patent by fraudulent conduct could be denied equitable relief when bringing an infringement action, thus rendering the patent unenforceable against a defendant who could prove unclean hands."); Republic Molding Corp. v. BW Photo Utilities, 319 F.2d 347, 351 (9th Cir. 1963) (holding that "where unclean hands has been asserted to bar a claim of infringement it has usually been because the patent was fraudulently obtained or there had been a concealment of evidence amounting to a fraud on the court or, perhaps more remotely, the patent was being misused, as, for example, in violation of the Sherman Act."). Furthermore, when the alleged misconduct does not directly relate to the particular patent that is the subject of the litigation, even if it involves other patents, courts have rejected claims of unclean hands. See MedPointe Healthcare, Inc., 380 F. Supp. 2d at 465-66 (rejecting an assertion of unclean hands that at best involved plaintiff's failure to disclose a prior ruling on a different, though related, patent, which was not the patent involved in the litigation).
In Ciba-Geigy Corp. v. Bolar Pharmaceutical Co., a case upon which Plaintiffs rely heavily, the patent-holder of a drug that was sold in three forms with different trade dress sued a generic manufacturer for trademark and trade dress infringement. The defendant alleged unclean hands on the basis of the plaintiffs' improper marketing activities concerning the drug, but the district court rejected the defense. On appeal, the Third Circuit upheld the decision because "the alleged wrongdoings do not relate to the subject matter of Bolar's claim." Ciba-Geigy Corp., 747 F.2d at 855. The connection between improper marketing activities and alleged trademark and trade dress infringement was too attenuated to sustain assertions of unclean hands. A sufficient nexus between Warner-Lambert's patent infringement claims and the company's marketing misconduct is similarly absent here.
Despite the Court's concern whenever a litigant has a criminal record, the Court must ask how Warner-Lambert's off-label marketing tactics relate to the patent rights that the company is now seeking to enforce. In response, Defendants emphasize the "equitable factors governing injunctions." However, the argument that Defendants need only show that the alleged misconduct is related to the equitable relief sought in this action is not supported by existing case law. Equitable relief is a question for the Court to consider if Plaintiffs ultimately prevail on the merits of their cause of action. At such time, the Court may choose to reconsider Warner-Lambert's admittedly criminal off-label marketing conduct, and whether it is equitable to award Plaintiffs an injunction that will preserve their admittedly ill-gotten market share and profits. Regardless of its relevance to the possible award of a permanent injunction, such conduct does not form a basis for an unclean hands defense to Warner-Lambert's patent infringement allegations.
Defendants are correct that the doctrine of unclean hands should not be as narrowly-construed or mechanically-applied as Plaintiffs claim. To that end, the Court does not credit Plaintiffs' argument that the defense should be stricken simply because Defendants do not specifically mention the '482 Patent in their allegations of unclean hands. Nonetheless, an examination of the substance of Defendants' allegations reveals that there is only a tenuous connection, if any, between the inequitable off-label marketing activities and the patent infringement action now at issue. Accordingly, Warner-Lambert's motion to strike Defendants' affirmative defense of unclean hands is granted.*fn20
B. Patent Misuse
"The doctrine of patent misuse is 'an extension of the equitable doctrine of unclean hands to the patent field." Hoffman-La Roche, Inc. v. Genpharm Inc., 50 F. Supp. 2d 367 (D.N.J. 1999) (quoting United States Gypsum Co. v. Nat'l Gypsum Co., 352 U.S. 457, 465 (1957)). As an affirmative defense, patent misuse "relates generally to the use of patent rights to obtain or coerce an unfair commercial advantage." C.R. Bard, Inc. v. M3 Sys., Inc., 157 F.3d 1340, 1372 (Fed. Cir. 1998). Under this doctrine, "if the patentee attempts to extend that monopoly beyond the scope of the patent, to use the patent as a tool to restrain trade in areas not claimed under the patent, the patentee may lose her right to seek redress through the judicial process to protect her lawful patent monopoly." Hoffman-La Roche, Inc., 50 F. Supp. 2d at 378. The "policy of the patent misuse doctrine is to prevent a patentee from using the patent to obtain market benefit beyond that which inures in the statutory patent right." Monsanto Co. v. Scruggs, 459 F.3d 1328, 1339 (Fed. Cir. 2006) (internal quotations and citations omitted).
To successfully assert a defense of patent misuse, the alleged infringer must "show that the patentee has impermissibly broadened the 'physical or temporal scope' of the patent grant with anticompetitive effect."*fn21 Virginia Panel Corp. v. MAC Panel Co., 133 F.3d 860, 868 (Fed. Cir. 1997) (quoting Windsurfing Int'l, Inc. v. AMF, Inc., 782 F.2d 995, 1001 (Fed. Cir. 1986)). Certain activities, such as tying, enforced package licensing, price restraints, or extended royalty terms have been recognized as "classic grounds of patent misuse," and are treated as per se patent misuse. C.R. Bard, 157 F.3d at 1378. In contrast, Congress has identified certain other practices that may not support a finding of patent misuse. 35 U.S.C. § 271(d); see Dawson Chem. Co. v. Rohm & Haas Co., 448 U.S. 176, 202 (1980) (construing an earlier version of § 271(d)).
"When a practice alleged to constitute patent misuse is neither per se patent misuse nor specifically excluded from a misuse analysis by § 271(d), a court must determine if that practice is reasonably within the patent grant, i.e., that it relates to subject matter within the scope of the patent claims." M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co., Inc., No. 97-1568, 2007 WL 979854, at *20 (D.N.J. Mar. 30, 2007) (internal citations omitted). If a practice that is not per se patent misuse extends the patent grant, and does so with anticompetitive effect, it will be analyzed in accordance with a "rule of reason." Id. Under a rule of reason, "the finder of fact must decide whether the questioned practice imposes an unreasonable restraint on competition, taking into account a variety of factors, including specific information about the relevant business, its condition before and after the restraint was imposed, and the restraint's history, nature, and effect." Virginia Panel Corp., 133 F.3d at 869 (citing State Oil Co. v. Kahn, 522 U.S. 3, 10 (1997)).
Here, the IVAX and Teva Defendants allege that Warner-Lambert committed patent misuse by manipulating the prosecution of the '482 Patent in a way that expanded the temporal scope of the patent with anticompetitive effect. They argue that such conduct, which delayed the issuance and ultimate expiration of the '482 Patent in order to prolong patent protection for the Neurontin franchise as a whole, renders the '482 Patent unenforceable due to patent misuse.
Specifically, Defendants focus on certain of Warner-Lambert's actions while prosecuting the '482 Patent. Warner-Lambert initially filed the '500 Application in order to receive a patent for a low-lactam form of gabapentin in August 1990. Early in the prosecution of the '500 Application, Warner-Lambert submitted an Information Disclosure Statement ("IDS") which should have disclosed all material prior art known to the applicant.*fn22 U.S. Patent No. 4,152,326 (the "'326 Patent"), which is also directed to compounds related to gabapentin, assigned to Warner-Lambert and lists the same inventors, was not initially listed in the '500 Application even though it had been referenced in the co-pending '056 Application. When Warner-Lambert filed a subsequent IDS to cite an additional patent, Patent No. 4,228,179 (the "'179 Patent") which was also directed to compounds related to gabapentin, assigned to Warner-Lambert and listed the same inventors, Warner-Lambert again failed to list the '326 Patent. Defendants allege that Warner-Lambert intentionally omitted the '326 Patent from its IDS filings in bad faith.
Warner-Lambert ultimately abandoned the '500 Application and filed a continuation application. On February 18, 1993, Warner-Lambert filed another continuation application, No. 08/020,270 (the "'270 Application"), which was subsequently approved for issuance as U.S. Patent No. 5,395,852 (the "'852 Patent"). The '852 Patent was scheduled to issue on March 7, 1995. Yet Warner-Lambert abandoned the '270 Application about a month before the '852 Patent would have issued and filed yet another continuation application. In order to withdraw the '270 Application at such a late point in the approval process, Warner-Lambert had to show that it had "good and sufficient reasons why withdrawal of the application is necessary." See 37 C.F.R. § 1.313.*fn23 Warner-Lambert's proffered reason was the need to disclose the '326 Patent to the examiner.*fn24 Warner-Lambert's continuation application was prosecuted over the next five years. The low-lactam gabapentin patent was ultimately issued as the '482 Patent on April 25, 2000 and it will expire on April 25, 2017. The '482 Patent has claims similar to those previously allowed under the '270 Application.
According to Warner-Lambert, Defendants' patent misuse defense fails because any delay in the issuance of the '482 Patent "resulted in nothing more than a shift in the beginning and end dates of the 17-year patent term" rather than an expansion of its temporal scope. Plaintiffs' Opening Brief at 15. Plaintiffs claim that no court has found patent misuse in such circumstances, emphasizing that the length and complex nature of the patent prosecution should not undermine its validity. Adopting a rather formalistic approach, they argue that even Defendants have acknowledged that the actual term of the '482 Patent is still 17 years and that because all of Warner-Lambert's allegedly improper actions occurred before the '482 Patent was officially issued, Defendants cannot validly claim that any benefits from a delayed patent term were obtained improperly by "negotiat[ing] with the leverage of [the patent] monopoly." Aronson, 440 U.S. at 265. In effect, they argue that the patentee could not have obtained a "market benefit beyond that which inures in the statutory patent right" if the patent itself has not yet issued. See Monsanto Co. v. McFarling, 363 F.3d 1336, 1342 (Fed. Cir. 2004) (citing Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700, 704 (Fed. Cir.1992)).
The Court is unconvinced by this limited reading of both Defendants' allegations and the patent misuse doctrine. Defendants contend that, as an equitable doctrine, presenting a defense of patent misuse requires only allegations of conduct which had the effect of impermissibly extending the limited protection from competition afforded by the '482 Patent. Warner-Lambert's alleged manipulation of the patent prosecution process, for the purpose of forestalling generic competition, is conduct that if proven could conceivably persuade a rational fact-finder applying a rule of reason that patent misuse has been established. See e.g., Bausch & Lomb, Inc. v. Allergan, Inc., 136 F. Supp. 2d 166, 171 (W.D.N.Y. 2001) (motion to strike denied where allegations, if proven, "conceivably could persuade a rational factfinder that patent misuse had been established.").
Under a rule of reason, patent misuse can be found where the patentee's conduct violates the public policies addressed by the patent laws. See Morton Salt Co. v. G. S. Suppiger Co., 314 U.S. 488, 494 (1942); see also Blonder-Tongue Labs. Inc. v. Univ. of Illinois Found., 402 U.S. 313, 343 (1971) (discussing the policy interests in keeping patent monopolies limited and equitable); C.R. Bard, 157 F.3d at 1372 ("[t]he concept of patent misuse arose to restrain practices that did not in themselves violate any law, but that draw anticompetitive strength from the patent right, and thus were deemed contrary to public policy."). In this case, policy interests favor the prompt issuance and expiration of patents so that the public's free access to inventions, and, more specifically, to lower-priced generic pharmaceuticals, is not further delayed. Warner-Lambert's alleged efforts to delay the issuance of the '482 Patent in order to delay its expiration, thereby effectively broadening the temporal scope of the series of gabapentin patents held by Warner-Lambert and preserving an exclusive hold on the gabapentin market, may be found to contravene such policy.*fn25
Plaintiffs' emphasis on their inability to unlawfully leverage a patent that had not yet issued ignores cases in which patent applicants were found to have committed patent misuse by improperly leveraging pending patent applications. See Aronson, 440 U.S. at 265; Boggild v. Kenner Prods., 776 F.2d 1315, 1320 (6th Cir. 1985). Their arguments that temporal misuse "primarily concerns" situations where the patentee leverages a patent to secure royalties after the patent expires ignores that the doctrine of patent misuse is not limited to per se violations. Any conduct that effectively extends the patentee's statutory rights with anticompetitive effect can qualify as misuse if the patentee sought to use the patent to secure more protection from competition than patent law intended to provide. See Blonder-Tongue Labs., 402 U.S. at 344; Virginia Panel Corp.,133 F.3d at 869; SmithKline Beecham Corp. v. Apotex Corp., 247 F. Supp. 2d 1011, 1046-47 (N.D. Ill. 2003).
Furthermore, preserving a patent misuse defense at this stage of the litigation requires only allegations of conduct which had the effect of impermissibly extending the limited protection from competition afforded by the '482 Patent. Defendants have made such allegations. If proven, these allegations could persuade a reasonable fact-finder that Warner-Lambert engaged in patent misuse. Whether Defendants are correct that intentionally postponing the term of a patent broadens the patent's temporal scope goes to the merits of the defense rather than its viability.*fn26 Accordingly, Warner-Lambert's Motion to Strike is denied as it relates to the Teva and IVAX Defendants' patent misuse defenses. Both the equitable nature of the defense and the rule of reason that must be applied to evaluate such a defense prevent the Court from reaching a conclusion, at this stage of the proceedings, that under no set of facts could these defendants establish a claim of patent misuse. Discovery on such issues will proceed and the patent misuse affirmative defense will not be stricken.
V. Conclusion
For the reasons set forth in this Opinion, the Court grants Plaintiffs' Motion to Strike with respect to the affirmative defense of unclean hands asserted by the Teva, IVAX, and Eon Defendants, and denies the Motion to Strike with respect to the affirmative defense of patent misuse asserted by the Teva and IVAX Defendants. An appropriate Order will issue.
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Ratings based on 27 Verified Reviews
They paid and stayed. We double-checked.
3.9 Room cleanliness
3.6 Service & staff
3.8 Room comfort
3.7 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by A verified traveler from Bulawayo
Ok for overnight accomodationPosted Aug 19, 2016
Pros: Meets basic requirements for overnight hotel, no less, no more...
Cons: Add just a tiny bit of 'uniqueness'????
I spent one night at the Protea Landmark in Polokwane on a trip Bulawayo-Pretoria. If there is anything like a 'generic' hotel it must be this one. Rooms are ok, breakfast is ok, just what you would expect for an overnight hotel. Rooms are in seperate two-floor buildings. Main building (reception/restaurant) is just next door. Do not expect the 'landmark' name to add anything of value to the place. The hotel is just of the N1. Getting on the N1 southbound is not the most evident.
by Aaron
Posted Aug 8, 2016 on Hotels
I am still waiting for a double payment billed.
by kabelo
very goodPosted Feb 24, 2016 on Hotels
I manage to rest nicely after a long trip
by Graeme from Lusaka
Just okay for one nightPosted Nov 18, 2015 on Hotels
From the outside the hotel looked okay, impressive security and neat grounds, conveniently located just off the highway, however, a few kilometres outside of town. Hotel room is standard, only one bottle of water provided for two guests, shower in bath, pressure fine. Swimming pool was green (really green) so don't think you can cool off when you arrive. Hotels.com have to update their amnesties page for this hotel, no slippers, no in room massage, no bathrobes. Breakfast was okay but very expensive and be aware of the Tourism level charged when checking out. Overall it was just okay for one night but I'd not stay there again.
by petros
hotel reviewPosted Sep 30, 2015 on HotelClub
It was difficult getting to the hotel from polokwane city centre and the wifi could not connect from the room. The bath a bit oldish and below the standard of other protea hotels i have visited before.There was no fridge in the room so had to drink warm water etc. However, the breakfast was good and the staff were fantastic.
by geoffrey senzo from Johannesburg
Posted Aug 29, 2015 on Hotels
Service in their very expensive Restuarant at breakfast was atrocious. It was non existent.
by A verified traveler
Very convenient to highwayPosted Aug 19, 2015
Arrived late in the evening with a friend to be greeted with hospitality and great room.
by Nokuthula from Johannesburg
ThulasPosted May 29, 2015 on Hotels
by johan from Johannesburg
Confirmation doesn't guarantee a hotel room!!Posted Apr 20, 2015 on Hotels
My gripe is actually not with the hotel. I think it's value for money. My problem is with Hotels.com. I booked online - 2 days in advance and received my confirmation. When I arrived at the hotel - which was basically fully booked - they oculdn't trace my confirmation number to a booking on their side. Something about system changes and it seems my booking didn't pull through. After a long wait they managed to find me a room which as slightly more expensive, with smaller beds than the one booked and without a fridge. The fridge was important because this was just a stop over and we had food that had to be refrigerated. I've used Hotels.com before, but I doubt whether I will ever again... I will stay at the same hotel again...
by A verified traveler
Protea LandmarkPosted Mar 2, 2015 on Hotels
It was pleasant - service was good


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<< Return to all press releases
The sun sets on a perfect summer's day and memories of a lazy beach picnic fade into plans for evening supper by the sea.
Our SS'17 collection is a must-see, must-have this season.
Breezy harbour walks, lazy beach days or simply splashing in rock pools are all catered for with a range of gorgeous beach casuals that can be outfitted in an array of bright colour pops. Our smarter day products have also been designed with outfitting in mind, so each clever piece can be worn and displayed alongside the whole collection to offer real depth of choice.
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Bachelor of Traditional Chinese Medicine
Western Sydney University
Bachelor Degree (Pass)
|ATAR Cutoff
|Mid Year Intake?
|Study Mode
|Entry Requirements
|Full-time internal
Year 12 or equivalent; any 2 units of English; Recommended: Biology. To be eligible to undertake fieldwork or practice placements, students must comply with the NSW Health Records and Information Privacy Act and complete a relevant statement.
Course Description
This program combines studies in traditional Chinese medicine, acupuncture and Chinese herbal medicine with a broad understanding of biomedicine and various health science fields to develop the professional competencies important for ethical and safe practice and high quality care and the skills to work in multidisciplinary teams. The final year focuses predominately on practical experience and specialised areas. Part of the clinical experience can be taken through an intensive clinical placement in China.
Subjects you can Study
Chinese herbal medicine; Chinese medical theory; Clinical assessment; Traditional Chinese medicine studies cover acupuncture
^ Shows the minimum tertiary entrance ranking needed by Australian school leavers to get into each CSP-based course. Cut-offs are not determined in advance. Course data and cut-off scores published on Good Universities Guide are indicative of the 2016 academic year.
About Western Sydney UniversityFounded in 1989, Western Sydney University is ranked in the top 3 per cent of universities in the world. Over 70 per cent of the University's assessed research has been ranked at world class or better.
The University is home to several research institutes, including the Hawkesbury Institute for the Environment, the Institute for Culture and Society, the MARCS Institute for Brain, Behaviour and Development, Australia-China Institute for Arts and Culture and the Translational Health Research Institute. Each institute enhances the University's research strengths and expertise in areas such as climate change, water conservation, smart engineering, the changing social landscape and human-machine communication.
The University boasts unique campuses across Western Sydney including Bankstown, Campbelltown, Hawkesbury, Parramatta and Penrith. Western Sydney University, The College, owned by the University, offers university pathway courses and VET courses at Bankstown, Nirimba and Lithgow.
With a student population in excess of 44,000 and more than 3,000 staff members, Western Sydney University has grown to be one of the largest universities in Australia.
The University is closely linked to Western Sydney, one of the nation's economic powerhouses where ten per cent of all Australians live, and has a teaching and research structure designed to meet the challenges of today's economy.
Western Sydney University offers students a wide range of traditional disciplines combined with the latest in innovative thinking. Courses are delivered through innovative, relevant, engaging and flexible study options.
Provider CRICOS: 00917K; 02851G (WS, The College)
Bachelor Degree (Pass)
- Full-time internal = 4 years
320 credit points; a total of 900 hours of clinical experience is required. Minor studies: Human medical sciences including anatomy; pathophysiology and physiology.
Entry Requirements
Year 12 or equivalent; any 2 units of English; Recommended: Biology. To be eligible to undertake fieldwork or practice placements, students must comply with the NSW Health Records and Information Privacy Act and complete a relevant statement.
Study Pathways
Honours available to meritorious students.
How does this course perform?
How do study fields for Bachelor of Traditional Chinese Medicine at Western Sydney University perform?
Life after Study
Health services and support
Where are graduates that studied Health services and support at Western Sydney University?
|Public sector
|Private practice
|Private industry
|Working overseas
Related Careers
Chinese Medicine Practitioner
Chinese medicine practitioners treat disorders and illnesses through the application of traditional Chinese medicine practices such as Chinese herbal medicine, acupuncture and tui na (remedial massage).
Natural Therapist
Natural therapists specialise in a range of complementary and alternative medical techniques and remedies (including homeopathy, herbalism and aromatherapy), which they use to diagnose, treat and prevent physical illness or dysfunction.


text:
- Worldwide Rank #44,459,481
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@0119Yy has 127 followers on Twitter.
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@0119Yy is following 168 Twitter accounts.
Last month this account stopped following 47 users.
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Cellmates (2012)
Cellmates Videos
Cellmates Photos
Movie Info
Watch it now
News & Interviews for Cellmates
Critic Reviews for Cellmates
All Critics (15) | Top Critics (3) | Fresh (7) | Rotten (8)
If you find the moral conversion of a militant lifelong bigot difficult to imagine, try the casting of the burly, fraying Mr. Sizemore as a romantic leading man.
A near complete exercise in mirthlessness and atonal satire, "Cellmates" is a sentence, all right.
It's all grimly, predictably plotted without ever once being interesting.
A slight but amiable prison-set satire, Cellmates surfs along mostly on the good fortune of its casting and sly peculiarity of its forced-odd-couple premise.
Audience Reviews for Cellmates
I quite enjoyed this movie, even if it got a little schmaltzy by the end, its heart is most definitely in the right place, so I can't complain too much. You can definitely tell the movie had a non-existent budget, but they made the most of it. And, really, the cast definitely elevates the movie several notches. It's not like you're getting all time great comedy performances but they're solid and fun. The story itself is typical, you've seen it before and will see it again, but, again, the movie's heart was in the right place so and at least it was an effectively told story of this character learning the error of his ways. Not perfect but effective. So yea I enjoyed this movie a lot in spite of the rating. A good movie and I'd definitely watch again if the opportunity came up.
Super Reviewer
Browsing through Amazon's new VOD section I found this little hidden gem. What first caught my eye was a goofy-looking Tom Sizemore on the cover. When did he get out of jail/rehab? Anyway, I also recognized the guy that played opposite of Jack Black in Nacho Libre, Hector Jimenez. Not expecting much but an hour or two of distraction from this likely mediocre movie I was delighted to have found a well-made and very funny film! Cellmates stars Tom Sizemore who plays Leroy Lowe, a KKK leader sent to prison for tax evasion. He is first put into a cell with a fellow KKK member played by Kevin Farley, who is hilarious as the simpleton, Bubba. They get along "like two peas in a pod," but a sudden change of events pairs Leroy in a cell with immigrant farm laborer Emilio (a lovable and funny Hector Jimenez) who instantly riles Leroy's racial prejudices. Leroy complains to the Warden (an impeccable Stacey Keach) but the Warden won't listen to Leroy's complaints. All he cares about are his prize-winning potatoes that are cultivated by his inmates. After much (hilarious) conflict and fighting, Leroy and Emilio learn to get along and eventually become friends as Emilio helps Leroy win the love of the Warden's maid and Leroy helps Emilio write to the U.S. Justice Department for his wrongful imprisonment. Everything from the acting to the directing and writing to the cinematography were excellent and were beyond what I was expecting from just seeing the cover. This is a genuinely funny and heartwarming movie that has intelligence, and bravely takes the taboo issues of race and immigration in the U.S. and makes them okay to acknowledge and even laugh at!
Glad to see Tom Sizemore is back! Was a delightful indie film, that was surprisingly heartfelt. Hope to see more from this director!
Cellmates Quotes
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Discussion Forum
Discuss Cellmates on our Movie forum!


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Total Time
Prep 20 mins
Cook 15 mins
These little sponge cake are best tasted when dipped into a cup of hot tea, chocolate or coffee. Original recipe from Joyofbaking.com
Ingredients Nutrition
- 1⁄2 cup butter, melted
- 1 cup all-purpose flour
- 1⁄2 teaspoon baking powder
- 1⁄8 teaspoon salt
- 3 large eggs, room temperature
- 1⁄3 cup brown sugar
- 1 teaspoon vanilla extract
- 1 teaspoon lemon zest
- In a bowl, place flour, baking power and salt. Whisk until well bleneded.
- In another bowl, beat eggs and sugar until tripled volume and form thick ribbon. Add in vanilla extract and mix well.
- Fold a small amount of flour over egg mixture to lighten it. Sift the rest of flour and fold. Do not overmix.
- Whisk a small amount of egg mixture into melted butter to lighten it. Fold in the cooled melted butter in 3 addtions. Refrigerate for at least 30 minutes.
- Bake 10~15 minutes at 375°F.


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To set a data breakpoint:
Configure Breakpoint Settings
Choose a data memory location by its Symbol or its Address. If choosing by symbol, click on the Symbols button.
If you clicked the Symbols button:
To set a breakpoint on a global variable, select the Global Symbols radio button, then choose the variable name from the list.
To set a breakpoint on a Special Function Register (SFR), select the SFR radio button, then choose the register name from the list.
Click OK when done.
Choose Pass Count Condition
The default Pass Count is Always Break where the program will halt each time the breakpoint's conditions are met.
Break occurs Count instructions after Event will halt the program by a specified number of instructions/instruction cycles after the breakpoint's conditions are met.
Event must occur Count times will halt the program after the breakpoint's conditions have been met a specified number of times.
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20th Annual
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Grizzly | Model: T24733
62" Bag Clamp
Price: $10.50
Grizzly T24733 - 62" Bag Clamp
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Just order by 2:00 PM PST tomorrow and choose expedited shipping during checkout.
This 62" Bag Clamp fits the G1028, G1029, and G1030 series dust collectors, as well as the W1666 dust collector.
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C. Scribner's sons, 1896 - Inventors - 299 pages
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afterward American apparatus aqua fortis Baltimore began boat Boston bottle canal Charles Goodyear cloth Company cotton cotton-gin Cyrus Cyrus Hall McCormick Cyrus McCormick device devoted discovery dynamo early Edison electric Eli Whitney engine England exhibited experiments father feet fire fortune Franklin Franklin Stove friends Fulton gave George Westinghouse Georgia glass Goodyear heat honor hundred improvements india-rubber instrument invention inventor Jedediah Morse John Ericsson labor laboratory lamps Legislature letter light machine machinery manufacture McCormick reaper means mechanical medal ment miles an hour Monitor Morse's obtained operation paper passed patent perfect periments Philadelphia Professor Morse railroad received remarked Robert Fulton rubber Rudolf Eickemeyer S. F. B. Morse seemed sent sewing-machine soon steam steam-engine success tain telegraph thousand tion took turned twenty ventor vessel Washington Whitney Whitney's wire wonderful York young
Popular passages
Page 8 - That, as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours ; and this we should do freely and generously.
Page 27 - Philadelphia, though made in a different and more easy manner, which is as follows: Make a small cross of two light strips of cedar, the arms so long as to reach to the four corners of a large thin silk handkerchief when extended; tie the corners of the handkerchief to the extremities of the cross...
Page 22 - If any danger to the man should be apprehended (though I think there would be none), let him stand on the floor of his box, and now and then bring near to the rod the loop of a wire that has one end fastened to the leads, he holding it by a wax handle ; so the sparks, if the rod is electrified, will strike from the rod to the wire, and not affect him.
Page 36 - What signifies philosophy that does not apply to some use ? May we not learn from hence that black clothes are not so fit to wear in a hot, sunny climate or season as white ones...
Page 36 - In a few hours (I cannot now be exact as to the time) the black, being warmed most by the sun, was sunk so low as to be below the stroke of the sun's rays; the dark blue almost as low, the lighter blue not quite so much as the dark, the other colours less as they were lighter; and the quite white remained on the surface of the snow, not having entered it at all.
Page 21 - To determine the question whether the clouds that contain lightning are electrified or not, I would propose an experiment to be tried where it may be done conveniently.
Page 208 - Austria conferred on him a similar honor in 1873; he was elected a corresponding member of the French Academy of Sciences, "as having done more for the cause of agriculture than any other living man.
Page 58 - The power of propelling boats by steam is now fully proved. The morning I left New York, there were not perhaps thirty persons in the city who believed that the boat would ever move one mile an hour, or be of the least utility ; and while we were putting off from the wharf, which was crowded with spectators, I heard a number of sarcastic remarks.
Page 95 - I had great difficulty in proving that the machine had been used in Georgia, although at the same moment there were three separate sets of this machinery in motion within fifty yards of the building in which the court sat, and all so near that the rattling of the wheels was distinctly heard on the steps of the court-house.
Page 129 - My first instrument was made up of an old picture or canvas frame fastened to a table, the wheels of an old wooden clock moved by a weight to carry the paper forward, three wooden drums upon one of which the paper was wound and passed over the other two, a wooden pendulum suspended to the top piece of the picture or stretching frame and vibrating across the paper as it...


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Turtle Black Solid Casual Trouser
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- To satisfy your love for black, Turtle brings this amazing casual trouser. The cotton stretch fabric is comfortable as heaven. Team it with some bright colored T-shirt.
- Fit - Slim fit
- Color - Black
- Model fit - Model is 6'/183 cm and is wearing 32 size trouser
- Wash Care - Wash Dark Color Separately, Wash & Dry Inside Out
- Fabric - Cotton
- Product Listing Id :MP000000000225382
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Lake Tahoe Weddings
Create cherished memories to last a lifetime in the stunning alpine setting at the Hyatt Regency Lake Tahoe Resort, Spa and Casino. You have a love to be celebrated and we have a commitment to help you translate your vision into the day of your dreams. Whether you dream of a lakefront ceremony, a wedding in a lush green meadow, an intimate gathering in a stunning mountain lodge or a grand reception in our Lakeside Ballroom, any of our Lake Tahoe wedding venues will make an ideal setting for a memorable event. Whatever you envision, our AAA Four Diamond service and accommodations combine to make your Lake Tahoe wedding day unforgettable. Your expertly planned wedding includes:
- A tempting array of food and beverage featuring Hyatt's Personal Preference Dining® menu
- Professional wedding and event planners to take care of the details to ensure your wedding runs smoothly and professionally.
- Your choice of venues, both in the hotel and on our beautiful grounds
- Complimentary accommodations for the Bride and Groom
- Earn free nights towards your honeymoon- learn more about our wonderful offer
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Kaci and Eli's Hyatt Lake Tahoe Resort, Spa and Casino wedding story.
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We offer numerous venues for weddings and receptions with breathtaking views of Lake Tahoe and the Sierra Nevada mountain range - offering the perfect backdrop for making memories and celebrating your love.
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Allow our expert wedding professionals to handle every detail of making your dream wedding a reality. From intimate gatherings to lavish affairs, our customizable packages offer the perfect solution for every event.
Wedding Menus
Your wedding day will be a truly memorable event with our locally sourced and seasonally inspired menu options. Our Executive Chef will produce the finest cuisine imaginable with the freshest ingredients available.
Winter Weddings
Whether you envision your wedding on a snow-covered dock or in an elegant ballroom with the snow-capped peaks in the background, Hyatt Regency Lake Tahoe offers several romantic venues where family and friends can celebrate magical moments during the winter months.
Hotel Fact Sheet (PDF)
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Book your wedding at Hyatt and your honeymoon is on us.
For more information or to arrange an appointment, contact our wedding specialists at 775-886-6693 phone or by fax at 775-886-6793. Thank you and congratulations!


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GREDO is an indigenous local NGO. Non-profit non-partial, non- political and voluntary organization based in Baidoa.
Ongoing Projects
Agriculture and Livelihood
GREDO provides agricultural and an integrated support to farmer/ communities in order to enhance their livelihoods.
GREDO In Action
These are part of our work
Agriculture and Livelihood, Wash, Education, Health, Nutrition, Peace Building and Human Rights, Internally Displaced Persons (IDP) Protection and Resettlement, Institutional Capacity building.


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Rachel Terwilliger is creating a sapphic steampunk/high-fantasy Faerie Tale in comics & art.
Patreon launched 698 days ago (Jan 5th 2015)
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Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
Snowy BBQ - Village FiguresGet into the holiday spirit with this Lemax "Snowy BBQ" Christmas Village Figurine. This lighted Christmas decoration works with three AA batteries (not included) or a 4.5-volt adaptor (Lemax item #74707 or #74706). This holiday ornament can be added to Lemax Christmas Village Collections, which include a series of lighted houses, figurines, landscape and accessories that add festive cheer to your home décor.
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Find a Therapist in Fayetteville, ARUnited States > Arkansas > Fayetteville
Chantal Carter, LCSW, LADAC, CEDS
Clinical Social Work
Age groups I work with: Teens, Adults
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Carla E. Williams, LCSW
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Angie Leek, LMFT, CEAP RYT
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"I see myself as an integrative counselor because I draw from many perspectives. I hold a master's degree in integral counseling psychology, and am a licens"... read more
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Carmen Cubillo, LPC, MFT, EMDR
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"How does loving my work help you as a client? It makes me better able and interested in serving your needs. I help clients co-create and understand their w"... read more
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Anita Martin, MA, LPC-S, NCC, RPT-S
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"Life, unfortunately, doesn't come with a handbook! Everyone can use a little help now and then navigating through the rough patches. As your therapist, I s"... read more
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Katie Lyn Ubben, MS, LAC
Age groups I work with: Teens, Adults
"As a counselor, I am passionate about helping women find peace of mind & spirit, courage, worthiness and a restored sense of self. You may be experiencing "... read more
Bentonville, AR 72712
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The finished project looks good in any kid's room. Make a couple and give them as birthday gifts.
Crafting Time: 30 - 45 minutes
By Marie from West Dundee, IL
very cute
This seems like a good "hand to eye" coordination challenge for young ones, IF the mobile is firmly attached to something and doesn't fall. It's a great idea for a gift to make. It inspires me for a lot of ideas, too. Thanks. God bless you.. : )
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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The security guard at a Lagos Public school, Adeniyi Primary School, Itire, , has been arrested by the police public for allegedly raping an 8-year-old pupil.
The 40-year old suspect, Friday Oshoba, aka Mopol, according to Punch Metro, allegedly raped the Primary 2 studenty, while the latter waited on her sister to pick her up from school around 2pm.
The guard, Oshoba, was said to have persuaded the young child to accompany him to a deserted area on the school premises where he removed her underpant and proceeded to raping her.
A primary five pupil, identified only as Bukola, was said to have caight OIshoba in the act on her way to run an errand for a schoolteacher. Bukola, later reported to the same teacher.
The young child, who had been raped, reported the act to her parents on getting home an and an uncle of the girl accompanied her to school the next day and reported the case to the school's headteacher, who in turn invited policemen from the Itire division who arrested Oshoba.
In Mercy's stsement to the police, she recounted the incident saying:
I was in the school on May 11 at about 2pm when Mopol (Oshoba) called me to a place on the school premises. He removed my underwear and put his thing (manhood) inside my bum-bum. Bukola, who is in primary five, saw us and reported to her teacher. I also told my daddy when I got home.
Oshoba, an Edo Indigene, upon interrogations denied raping the child, claiming he does not even know her name. He however refused to answer when asked if he did take her to a deserted spot on the school premises.
He said,
The girl is one of our pupils in Adeniyi Primary School.I did not know her name, but I know she is in Primary two. I did not do anything with her. I was married, but my wife left me and I don't have any child.
A social worker at the Mirabel Centre, Lagos State University Teaching Hospital, where Mercy, was examined confirmed that she did have some injuries in her private parts.
Oshoba, pleaded not guilty upon appearing before an Apapa Magistrate's Court with the presiding magistrate, Mrs. A.O. Adegbite, admitting him to bail in the sum of N200,000 with two sureties in like sum.


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Woman carjacked, forced to withdraw cash for robber
MUNHALL, Pa. - Police are investigating after a woman said she was carjacked Sunday morning in Munhall.
Authorities said a woman walked into the Sunoco store on Duquesne Road about 6 a.m. to get a cup of coffee. When she went back and got into her car, a man held a gun to her head and told her to drive.
Surveillance video showed the man was hiding in the gas station's car wash and he got in her car while she was inside the store.
"The actor was hiding in the back seat. He stuck a gun to the back of her head and told her to keep driving," Police Chief Patrick Campbell said.
According to police, the man forced the 47-year-old woman to drive to an ATM where she used her credit card to get the man $500.
Investigators said he then forced her to ride in the passenger seat while he drove away. He dropped the woman off a short time later on the side of a road in West Mifflin.
"He said, 'If you look at me, I will shoot you,'" Campbell said. "She never looked at him. She said she was afraid to look at him."
Police said they're still looking for the woman's car. It's a 2005 silver Chevy Equinox with the license plate GYB-3974.
Anyone with information is asked to contact police.
Woman carjacked, forced to withdraw cash for robber
Woman caught on camera stealing Salvation Army kettle at Waycross Walmart
Trump takes to Twitter to mull loss of citizenship, jail time for flag burners
Rescued, injured bald eagle treated at Audubon Center
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