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United States District Court, N.D. California
November 13, 2014
TRANSPERFECT GLOBAL, INC.; TRANSPERFECT TRANSLATIONS INTERNATIONAL, INC.; and TRANSLATIONS.COM, INC., Plaintiffs,v.MOTIONPOINT CORPORATION, Defendant.
ORDER ON POST-TRIAL MOTIONS (Docket Nos. 439, 440, 444, 445, 486, 489 and 509).
CLAUDIA WILKEN, District Judge.
Plaintiffs and Counterclaim-Defendants TransPerfect Global, Inc.; TransPerfect Translations International, Inc.; and Translations.com, Inc. (collectively, TransPerfect) seek the following relief in their post-trial motions: (1) an order severing TransPerfect's Lakritz patent claims from the remainder of the case; (2) increased and supplemental damages and pre-judgment interest; (3) an amended permanent injunction against MotionPoint; (4) judgment as a matter of law (JMOL) that MotionPoint indirectly infringes its patent; and (5) attorneys' fees. Defendant and Counter-Claimant MotionPoint Corporation opposes all of these motions and cross-moves for JMOL that the asserted claims of TransPerfect's Scanlon patent are invalid and not infringed, that TransPerfect's damages award should be reduced, and that its own patents are valid and infringed. For the reasons set forth below, the Court GRANTS TransPerfect's motion to amend the permanent injunction and its motion for post-verdict royalties and pre-judgment interest; all other motions are DENIED.
TransPerfect and MotionPoint are competing language translation firms which brought claims against each other for patent infringement. Prior to trial, the Court granted summary adjudication that MotionPoint did not infringe TransPerfect's Lakritz patents. The Court held a three-week jury trial on the remaining claims in July 2013.
With respect to TransPerfect's infringement claims, the jury returned a verdict finding that MotionPoint's accused product, called the TransMotion system, directly infringed six claims of TransPerfect's Scanlon patent. The jury also found, however, that MotionPoint was not liable for inducing infringement or contributory infringement.
With respect to MotionPoint's infringement claims, the jury found that TransPerfect had not infringed any claims of MotionPoint's three patents-in-suit. In addition, it found that the asserted claims of all three of MotionPoint's patents-in-suit were invalid as obvious, anticipated, and statutorily barred.
The jury awarded TransPerfect total damages of $1, 002, 006. It found and used a reasonable royalty rate of four percent to calculate these damages. Docket No. 415, Verdict Form.
In August and September 2013, the parties filed a series of post-trial, pre-judgment motions. Both parties renewed the motions for JMOL that they had made during trial. In addition, TransPerfect moved for a permanent injunction and to sever, from the claims that went to trial, its Lakritz patent claims, upon which the Court earlier granted summary judgment of non-infringement by MotionPoint. The parties pointed out that they planned to file additional post-trial motions after the Court entered judgment and determined whether to issue a permanent injunction. The Court deferred its decision on the parties' post-trial motions, entered judgment, and issued a permanent injunction, but stayed its injunction pending resolution of the post-trial and post-judgment motions.
I. TransPerfect's Post-Trial Motions (Docket Nos. 439, 440, 445, 489, and 509)
A. TransPerfect's Motion to Sever Lakritz Patent Claims (Docket No. 445)
In May 2013, the Court granted summary judgment of non-infringement to MotionPoint on all of TransPerfect's claims based on its Lakritz patents. TransPerfect moves to sever these claims for a separate appeal from the claims that were decided at trial.
Federal Rule of Civil Procedure 21 provides, "On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." The court may sever the claims against a party in the interest of fairness and judicial economy and to avoid prejudice, delay or expense, and has "broad discretion" in determining when severance is appropriate. Coleman v. Quaker Oats Co., 232 F.3d 1271, 1296-97 (9th Cir. 2000).
TransPerfect seeks severance of its claims of infringement of its Lakritz patents in order to allow for separate appeals of those claims and the claims decided at trial, arguing that doing so would avoid certain possible undesirable future outcomes resulting from the Federal Circuit's decision in Fresenius USA, Inc. v. Baxter International, Inc., 721 F.3d 1330 (Fed. Cir. 2013).
The Court is not persuaded. This case has been adjudicated in full and can be appealed to the Federal Circuit in a single appeal. There is no good reason to divide the case in two and proceed with two separate appeals. Consequently, Plaintiffs' motion to sever Lakritz patent claims is DENIED.
B. Motion for JMOL on Marking Defense or New Trial on Damages (Docket No. 439)
At trial, MotionPoint argued that TransPerfect's damages claim should be limited because neither it nor the predecessor owner of its Scanlon patent had marked the products they produced embodying the patent, and that they were required to do so. As a result, MotionPoint argued, damages could be awarded only from October 13, 2011, the date TransPerfect added claims based on the Scanlon patent to this case.
The jury was instructed that if a patent holder does not sell a tangible product that is capable of being marked, then damages commence on the date that the infringer began infringing an issued patent. If the patent holder does sell a tangible product that is capable of being marked, then damages commence on the date that the alleged infringer has both infringed and been notified of the patent. The jury was further instructed that the patent holder must prove by a preponderance of the evidence the date on which it gave notice and that the matter was for the jury to decide.
As noted above, the jury returned a verdict for TransPerfect of $1, 002, 006, indicating that it had used a four percent royalty rate in calculating that amount. The verdict amount is four per cent of about twenty-five million dollars, which is not a number put forward by either side. TransPerfect speculates that the jury reached this number by finding that TransPerfect's products, and those of its predecessor, had not been marked. TransPerfect argues that such a finding was incorrect as a matter of law.
However, it is not at all clear how the jury reached the damage award. The jury was instructed on lost profits damages and on a reasonable royalty. It was told that if the patent-holder proved its claim for lost profits for only a portion of the infringing sales, then it should be awarded a reasonable royalty for all infringing sales for which it was not awarded lost profits damages. The verdict form called for a total amount of damages, and then for any reasonable royalty rate it used to calculate these damages. This does not necessarily mean that all of the damages were based on that royalty. The jury could have awarded damages consisting in part of lost profits and in part of a four percent royalty on infringing sales for which it did not award lost profits.
Nonetheless, even if the jury did take MotionPoint's marking defense into account, the verdict need not be overturned. There was a dispute of fact as to whether TransPerfect's product could be viewed as a tangible one that could have been marked, on its web pages or on the resulting translations. There was sufficient evidence for the jury to decide the issue and, under proper instructions, it did so.
A motion for judgment as a matter of law after the verdict renews the moving party's prior Rule 50(a) motion for judgment as a matter of law at the close of all the evidence. Fed.R.Civ.P. 50(b). Judgment as a matter of law after the verdict may be granted only when the evidence and its inferences, construed in the light most favorable to the non-moving party, permits only one reasonable conclusion as to the verdict. Josephs v. P. Bell, 443 F.3d 1050, 1062 (9th Cir. 2006). Where there is sufficient conflicting evidence, or where reasonable minds could differ over the verdict, judgment as a matter of law after the verdict is improper. See, e.g., Kern v. Levolor Lorentzen, Inc., 899 F.2d 772, 775 (9th Cir. 1990); Air-Sea Forwarders, Inc. v. Air Asia Co., 880 F.2d 176, 181 (9th Cir. 1989).
TransPerfect's disagreement with the submission of the marking defense to the jury, and the effect its possible finding of failure to mark may have had on its damage award, does not meet this test.
Further, even if the Court were to find that the marking defense should not have been submitted to the jury, or that no reasonable jury could have found as it did, the Court could not simply increase the damage award as TransPerfect suggests. A new trial on damages would have to be held. A new trial should be granted only when the verdict is contrary to the clear weight of the evidence, Molski v. M.J. Cable, Inc., 481 F.3d 724, 729 (9th Cir. 2007), or errors in the jury instructions as a whole misled the jury, see Experience Hendrix LLC v. Hendrixlicensing.com Ltd, 762 F.3d 829, 847 (9th Cir. 2014).
Again, the Court finds that the marking defense was properly submitted to the jury with correct instructions, and that the jury's damage award was supported by the evidence, whether it was based on a finding of failure to mark or not. The Court DENIES TransPerfect's motion on this point and declines to order a new trial.
B. Motion to Amend the Judgment to Award Supplemental Damages, Ongoing Royalties and Pre-Judgment Interest (Docket No. 489)
1. Supplemental Damages
TransPerfect moves to amend the judgment to grant it supplemental damages under 35 U.S.C. § 284[1] on the theory that the jury failed to award it compensation for infringement that occurred after December 31, 2011. Specifically, TransPerfect contends that the jury's damage award of $1, 006, 002 failed to account for its post-2011 damages. During discovery, MotionPoint failed to produce any financial records later than 2011. As a result, TransPerfect argues, the parties' experts were unable to examine any post-2011 financial information and the jury could not have included these damages in its verdict.
TransPerfect apparently did not move to compel the financial information necessary to calculate the post-2011 damages; therefore, if the jury was not presented with all of the necessary evidence, the fault does not lie exclusively with MotionPoint.
TransPerfect's expert purported to reserve the right to seek post-2011 damages after trial, and TransPerfect argues that it "reserved the right in its complaint and again in its pretrial statement to seek an accounting of all damages." Docket No. 522, TransPerfect Reply at 2. TransPerfect's attempts to reserve these rights do not empower it to take the question of damages from the jury. Damages are part of a trial by jury. If TransPerfect wished to bifurcate a portion of its damages for a separate, later trial, it would have had to ask the Court to do so, or reached an agreement to that effect with MotionPoint. Or TransPerfect could have sought to ask the jury to extrapolate post-2012 damages from the pre-2012 financial records and analysis.
In fact, it is not even clear that the jury did not award damages for the full period. As noted above, the jury returned a verdict for TransPerfect of $1, 002, 006, indicating that it had used a four percent royalty rate in calculating that amount; the verdict amount is four per cent of about twenty-five million dollars, a number not argued by either side. The verdict form asked the jury, "[W]hat total damages do you find for TransPerfect, if any?" Docket No. 415, Verdict at 3 (emphasis added). The jury reached a damages verdict within the range propounded by the experts' testimony. It may have extrapolated MotionPoint's infringing sales for the full period but found them to be less than TransPerfect's expert suggested. The Court cannot award additional pre-verdict damages on its own at this point.
In similar circumstances, other courts have refused to award supplemental pre-verdict damages. In Presidio Components Inc. v. American Technical Ceramics Corp., for instance, a court in the Southern District of California found,
The jury is presumed to have compensated Presidio for all of its lost profits leading up to the trial. During trial, Presidio could have - but did not - argue to the jury that its suggested amount of $1, 048, 000 should be proportionally increased for the two months not accounted in the sales data. Under these circumstances, awarding additional amounts of damages incurred before trial would be an improper invasion of the jury's province to determine actual damages and an inappropriate use of 35 U.S.C. § 284 to enhance inadequate compensatory damages.
2010 WL 3070370, at *2 n.1 (S.D. Cal.) (quotation marks and citations omitted), aff'd in relevant part, vacated in part on other grounds 702 F.3d 1351 (Fed. Cir. 2012).
A judge in this district recently relied on Presidio Components in reaching the same conclusion. Apple Inc. v. Samsung Elecs. Co., Ltd., 926 F.Supp.2d 1100, 1104 (N.D. Cal. 2013). The court in that case refused to grant supplemental pre-verdict damages because, "[w]hile it [was] true that the jury did not hear evidence of sales between June 30 and August 24, it [was] also possible that the jury considered this fact in arriving at its ultimate award." Id .; see also Oscar Mayer Foods Corp. v. Conagra, Inc., 869 F.Supp. 656, 668 (W.D. Wis. 1994) ("The Court finds no justification for awarding additional damages for that period of time prior to trial for which plaintiff offered no evidence of lost profits."), aff'd 45 F.3d 443 (Fed. Cir. 1994).
These district court decisions are consistent with Federal Circuit precedent, which holds, "Damages cannot be enhanced to award the patentee additional compensation to rectify what the district court views as an inadequacy in the actual damages awarded." Beatrice Foods Co. v. New England Printing & Lithographing Co., 923 F.2d 1576, 1579 (Fed. Cir. 1991). The same principles militate against awarding supplemental pre-verdict damages here. TransPerfect's request is denied.
2. Post-Verdict Damages
However, TransPerfect is entitled to recover its damages for infringement that occurred after the verdict was returned in July 2013. Under recent Federal Circuit case law, the Court could award damages for post-judgment infringement at a royalty rate higher than the one used by the jury. Amado v. Microsoft Corp., 517 F.3d 1353, 1361 (Fed. Cir. 2008) ("There is a fundamental difference, however, between a reasonable royalty rate for pre-verdict infringement and damages for post-verdict infringement."). TransPerfect's expert has opined that the reasonable post-judgment royalty rate is higher than four percent. Docket No. 294-3 (filed under seal), Hoffman Declaration at ¶¶ 26-35. MotionPoint's expert disagrees.
TransPerfect's expert relies largely on the fact that, after judgment, the patent has been determined to be valid and infringed. However, the jury was instructed that a reasonable royalty is the payment for the license that would have resulted from a hypothetical negotiation between the patent holder and the infringer taking place at the time when the infringing activity first began. It was to assume that the patent holder and the infringer would have acted reasonably and would have entered into a license agreement, and that both parties believed the patent was valid and infringed. The jury found that a reasonable royalty rate was four percent based on TransPerfect's expert's testimony. The Court is not persuaded by his post-judgment opinion that the rate should be different, and finds that TransPerfect is entitled to a post-verdict royalty calculated at four percent, from the date of the verdict until a permanent injunction goes into effect and the infringement ceases.
3. Pre-Judgment Interest
In addition to compensatory damages, the prevailing party in a patent infringement suit is entitled to recover "interest and costs as fixed by the court." 35 U.S.C. § 284. Courts are afforded discretion to decide the interest rate to be used. Studiengesellschaft Kohle, m.b.H. v. Dart Indus. Inc., 862 F.2d 1564, 1580 (Fed. Cir. 1988). MotionPoint does not dispute that TransPerfect is entitled to both pre-judgment and post-judgment interest. Post-judgment interest was awarded in the judgment and is calculated under 28 U.S.C. § 1961. MotionPoint disputes TransPerfect's claim that pre-judgment interest should be calculated at the prime interest rate and compounded quarterly. MotionPoint contends that pre-judgment interest should instead be calculated in the same manner as post-judgment interest, based on the (lower) United States Treasury Bill rate, and compounded annually.
Courts are divided on which of these methods is most appropriate for calculating pre-judgment interest in patent infringement suits. Accordingly, because TransPerfect has not presented any compelling reasons to deviate from the method used to calculate post-judgment interest, the parties shall calculate pre-judgment interest based on the Treasury Bill rate and annual compounding.
C. Motions for Entry of Judgment and a Permanent Injunction, and to Amend the Permanent Injunction (Docket Nos. 440 and 489)
In its first set of post-trial briefs, TransPerfect moved for entry of judgment and for a permanent injunction barring MotionPoint from continuing to infringe or supporting infringement of TransPerfect's Scanlon patent. MotionPoint opposed the motion for an injunction on the grounds that it was unwarranted, and that TransPerfect's proposed injunction, which MotionPoint alleges would prevent it from using its entire TransMotion system, was overbroad.
The Court entered judgment and a generically-worded injunction on November 15, 2013, Docket Nos. 467, 468. The Court stayed enforcement of the injunction pending resolution of the parties' post-trial motions, which were to include briefing on the language of any permanent injunction. Thus, TransPerfect's pre-judgment motion for judgment and an injunction, Docket No. 440, has been granted.
Three days after the Court entered and stayed its injunction, the Federal Circuit issued its decision in Apple Inc. v. Samsung Elecs. Co., Ltd., 735 F.3d 1352 (Fed Cir. 2013) (Apple III), making clear that the requirement of a causal nexus between the infringing products and the profits of the infringer applies in the permanent injunction context, as well as on a motion for a preliminary injunction. Id. at 1363-64 ("Accordingly, we reject Apple's arguments and confirm that the district court was correct to require a showing of some causal nexus between Samsung's infringing conduct and Apple's alleged harm."). Quoting an earlier decision in the same case, the Apple III court explained the purpose of the causal nexus requirement:
Sales lost to an infringing product cannot irreparably harm a patentee if consumers buy that product for reasons other than the patented feature. If the patented feature does not drive the demand for the product, sales would be lost even if the offending feature were absent from the accused product. Thus, a likelihood of irreparable harm cannot be shown if sales would be lost regardless of the infringing conduct.
Id. at 1360 (quoting Apple, Inc. v. Samsung Elecs. Co., Ltd., 678 F.3d 1314, 1324 (Fed. Cir. 2012) (Apple I)).
Thus, the court held, while the patentee need not "show that a patented feature is the exclusive reason for consumer demand, " it must nevertheless show "some connection between the patented feature and demand for [the accused] products." Id. at 1364 (emphasis in original) (rejecting the district court's finding that the patentee must "show that one of the patented features is the sole reason consumers purchased [the accused product]").
The Federal Circuit offered three examples of evidence that a patentee might present to establish this connection. It mentioned, for instance, "evidence that a patented feature is one of several features that cause consumers to make their purchasing decisions, " "evidence that the inclusion of a patented feature makes a product significantly more desirable, " and "evidence that the absence of a patented feature would make a product significantly less desirable." Id.
In its post-judgment briefing, TransPerfect moved to amend the injunction, Docket No. 489, and MotionPoint responded that the injunction should not have entered, and that it was overbroad. MotionPoint argues that TransPerfect has failed to establish the requisite "causal nexus" between the infringing components of MotionPoint's TransMotion system and the profits MotionPoint derives from that product.
TransPerfect identifies evidence in the trial record establishing that such a nexus exists. TransPerfect highlights evidence presented at trial to establish a connection between the infringing components of MotionPoint's TransMotion system and consumer demand for that product. In particular, it points to the testimony of MotionPoint's Director of Software Development, Eugenio Alvarez, who testified that the "implicit navigation" and "single-action translation" features of the TransMotion system - the allegedly infringing components - were integral parts of the system. Trial Tr. 387:13-22; 514:22-23 (noting that the TransMotion system would be "impossible to use if you didn't have implicit navigation"). In the context of head-to-head competitors in a crowded field, the Court finds the evidence at trial adequate to establish a causal nexus between the infringing features and the profit to MotionPoint and concomitant harm to TransPerfect.
The traditional requirements for a permanent injunction are also met. The four factors that the Supreme Court requires a plaintiff to show to justify an injunction in the patent infringement context are
(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.
eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 391 (2006).
Here, TransPerfect and MotionPoint are in direct competition with each other. Neither TransPerfect nor its predecessor in interest had chosen to license the patent. The royalty rate that a willing licensor would charge would not be adequate in this situation, and the correct rate would be difficult to calculate and enforce. TransPerfect has shown irreparable harm from the uncompensated infringement and, while MotionPoint will be harmed by being barred from continuing to use the invention free of charge, the balance of hardships clearly tips in TransPerfect's favor. The injunction has been stayed for a lengthy period, which should have allowed MotionPoint to design around the patent. There is no reason to believe that the public would be disserved by an injunction. Thus, the Court finds that a permanent injunction is appropriate.
TransPerfect moves to amend the injunction by expanding it to (1) bind those in "acting in concert" with MotionPoint; (2) enjoin MotionPoint against indirect infringement, and (3) require MotionPoint to provide notice of the injunction to its customers. MotionPoint opposes an injunction that would affect its existing customers, arguing that only future infringing sales and uses should be enjoined. The Court has no wish unnecessarily to paint MotionPoint as an infringer in the market, or to worry its customers. However, MotionPoint's business model involves continuing, remunerative relationships with its customers. It may not continue to profit from these relationships while still infringing. MotionPoint has had ample time to design around the Scanlon patent and to provide the new technology to its customers. If it has not already done so, it must desist infringement within fourteen days of the entry of the injunction.
The Court will enjoin those acting in concert with MotionPoint, and will enjoin MotionPoint against indirect infringement. However, MotionPoint will not at this time be required to notify its customers of its infringement. If MotionPoint is later found in contempt, the Court will order notice to its customers.
E. Motion for JMOL that MotionPoint Indirectly Infringes (Docket No. 489)
At trial, TransPerfect prevailed on all of its claims for direct infringement but not on those for indirect infringement. In particular, the jury found for MotionPoint on TransPerfect's claims for inducement of infringement and contributory infringement. TransPerfect now moves for JMOL in its favor on these two claims.
The jury was correctly instructed that it could find contributory infringement if MotionPoint supplied an important component of the infringing part of the product or method, not suitable for non-infringing use, with the knowledge that the component was especially made or adapted for use in an infringing manner. Inducing infringement, the jury was told, similarly requires that MotionPoint knew that it was causing infringing acts. MotionPoint's state of mind-whether it believed it infringed TransPerfect's patent-was a hotly disputed question of fact that was clearly one for the jury. The jury heard the evidence and the instructions and reached its verdict. The Court cannot say that the evidence permitted only the conclusion that MotionPoint knew that it was infringing, or that the jury was unreasonable in finding otherwise.
F. Motion for Attorneys' Fees (Docket No. 489)
In a patent infringement action, a court may award the prevailing party's attorneys' fees "in exceptional cases." 35 U.S.C. § 285. The Supreme Court, in construing this section, has held that
an "exceptional" case is simply one that stands out from others with respect to the substantive strength of a party's litigating position (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.
Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S.Ct. 1749, 1756 (2014).[2]
TransPerfect contends that it is entitled to attorneys' fees because MotionPoint engaged in litigation misconduct, asserted objectively baseless counterclaims, and brought those counterclaims in bad faith. However, the Court is not persuaded that MotionPoint asserted objectively baseless claims against TransPerfect. TransPerfect initiated this action and, although MotionPoint asserted counterclaims in response, those counterclaims were not objectively baseless.
In alleging litigation misconduct, TransPerfect contends that MotionPoint engaged in abusive discovery tactics, violated this Court's order on motions in limine, violated the parties' confidentiality agreement by disclosing settlement-related communications to the Court, opposed TransPerfect's disqualification motion in bad faith, made false statements and elicited false testimony at trial, and raised frivolous arguments throughout the litigation. Most of the behavior that TransPerfect has identified falls short of conduct justifying an award of attorneys' fees.
MotionPoint's alleged discovery abuses, for instance, do not appear to have been committed in bad faith, and its alleged mis-statements of fact and disclosures of confidential information were relatively minor. Likewise, MotionPoint's opposition to TransPerfect's disqualification motion was not entirely without merit, and its alleged failure to comply with the Court's order on motions in limine appears to have been inadvertent. MotionPoint has asserted some frivolous arguments and filed some frivolous motions during this litigation.[3] Nonetheless, the Court exercises its discretion to DENY the motion for attorneys' fees.
II. MotionPoint's Motion for JMOL (Docket No. 486)
MotionPoint moves for JMOL on all of the claims that it lost at trial, including TransPerfect's claims of direct infringement and invalidity, as well as its own counterclaims for infringement and invalidity against TransPerfect. The Court is not persuaded that the jury's verdict should be set aside.
A. Claims 26 and 27
MotionPoint first argues that claims 26 and 27 of
TransPerfect's Scanlon patent are invalid and that this requires that the jury's damages award must be vacated. MotionPoint argues that these means-plus-function claims are indefinite because the required structure is not adequately disclosed. MotionPoint would "need[] to prove, by clear and convincing evidence, that the specification lacks adequate disclosure of structure to be understood by one skilled in the art as able to perform the recited functions." Intel Corp. v. VIA Techs., Inc., 319 F.3d 1357, 1366 (Fed. Cir. 2003). This theory was belatedly disclosed and TransPerfect argues that MotionPoint's motion should be denied for this reason alone.
Be that as it may, the Court finds that MotionPoint has not met its burden to show that the claims are indefinite, and that TransPerfect points to sufficient structure to support these claims.[4] Furthermore, even if these claims were indefinite, the jury found infringement of four additional claims and there would be no reason to set aside the damages verdict or the injunction on this ground.
B. Claims 11, 17, 23, and 24
MotionPoint next argues that it does not directly infringe the asserted claims of the Scanlon patent.
First, it raises a claim construction argument: that the patentee disavowed all "single action translation components" that do not remain visible before, during and after an electronic communication is translated. TransPerfect responds that this argument too is untimely. Nonetheless, the Court is not persuaded by MotionPoint's argument. No such disavowal was made, and substantial evidence supported the jury's implicit finding that MotionPoint's single action translation component infringed the Scanlon patent.
Second, MotionPoint disputes the jury's verdict of direct infringement, other than by its own website. TransPerfect points to adequate evidence to support the jury's verdict. MotionPoint provides translated webpages that contain single action translation components to be displayed to users. This satisfies the "displaying" limitation of the claims. MotionPoint also performed the "clicking" step by testing and demonstrating the single action translation component for customers. Further, MotionPoint uses the system claims to make, use and sell its TransMotion product. TransPerfect provides numerous record cites to this evidence. In particular, MotionPoint contractually binds its customers to place hyperlinks of the single action translation component on their web sites. Trial Tr. 745:15-746:14. MotionPoint also controls the implicit navigation component of the system, in that its servers "automatically redirect all links in a page to the [TransMotion] servers as the page is being translated. This has the effect of automatically translating any link page when a user clicks on its link on the translated page." Trial Tr. 387:19. Substantial evidence demonstrated that MotionPoint "obtains benefits" in the form of revenues from the system.
MotionPoint need not exercise physical or direct control over each individual element of the system in order to bear vicarious liability for direct infringement. Instead, TransPerfect's evidence supported that MotionPoint used the system by putting the invention into service, controlling the system as a whole and obtaining benefit from it. Cf. Centillion Data Sys., LLC v. Qwest Comm'n Int'l, Inc., 631 F.3d 1279 (Fed. Cir. 2011).
C. Sufficiency of Evidence of Damages
MotionPoint argues that the damages awarded against it are excessive. Its trial expert proposed a lump sum royalty based upon the sale price of the patent at issue. TransPerfect's expert proposed a four percent running royalty and supported it with his analysis. MotionPoint now essentially raises an untimely Daubert-type challenge to TransPerfect's expert's methodology. See Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993).
Even had it been timely, MotionPoint's challenge is unavailing. Having heard his full testimony and cross-examination, as well as that of MotionPoint's opposing expert, the Court finds that TransPerfect's expert's testimony was sufficiently reliable and relevant to present to the jury. His testimony also provided substantial evidence from which the jury could have made its damages award, an amount between those advocated by the two experts. It was within the jury's province to do so.
D. MotionPoint's Infringement Claims
In addition, MotionPoint argues that it is entitled to JMOL that, in spite of the jury's findings of anticipation, obviousness and statutory bar, its patents are valid. The Court will not summarize and analyze all of the evidence and arguments presented on these points. Suffice it to say that MotionPoint has failed to show that no reasonable jury could have found against it on any of these invalidity claims, much less all of them. MotionPoint also contends that TransPerfect infringes its patents as a matter of law. Given that the patents have been found invalid on multiple grounds, TransPerfect's claimed infringement would appear to be a moot point. Nonetheless, the Court finds sufficient evidence to support the jury's verdict.
E. Validity of Scanlon Patent
MotionPoint argues that TransPerfect's Scanlon patent is invalid as a matter of law because it is obvious in the light of the Flanagan patent. MotionPoint needed to prove by clear and convincing evidence that the Flanagan patent disclosed all of the limitations of the asserted claims of the Scanlon patent. Its expert did not testify to a single action translation component in Flanagan. Trial Tr. 1015:22-1016:3. TransPerfect's expert testified that the Flanagan patent did not disclose this feature, or the "implicit navigation" feature. Trial Tr. 1194:1-1197:19. There was evidence that the language upon which MotionPoint relied to argue that it did was added after the priority date for the Scanlon patent. The jury properly considered the issue and its verdict was reasonable.
For the reasons set forth above, the Court DENIES TransPerfect's post-trial motion to sever the Lakritz patent claims from the remainder of the case. (Docket No. 445). The Court has GRANTED TransPerfect's post-trial motion for entry of judgment and a permanent injunction (Docket No. 440) and has entered judgment and a permanent injunction, albeit staying the injunction. TransPerfect's post-trial JMOL motion regarding marking and its alternative request for a new trial on damages (Docket No. 439) is DENIED. TransPerfect's post-judgment motions are GRANTED IN PART with regard to amending the injunction, and post-verdict royalties and pre-judgment interest, although not at the requested rate. (Docket No. 489). The Court will enter an amended injunction and the amended injunction will take effect fourteen days from the date it is entered. TransPerfect's motions are otherwise DENIED.
MotionPoint's Motions for JMOL (Docket Nos. 444 and 486) are DENIED.
Within fourteen days of the date of this order, the parties shall submit joint or separate calculations of the amount of post-verdict royalties due, in accordance with the findings in this order.
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Having undesirable fat in numerous areas of your body can have a considerable impact on your health and self-esteem. While conventional weight-loss through exercise and diet plan is a great method to drop weight overall, even the best exercises cannot target problem areas like the tummy, inner thighs, arms, and butts. Liposuction is a time tested treatment that is utilized to remove excess fat from particular locations of the body, permitting a specific to shape and contour their body to their taste. Is liposuction right for you? Learn now.
Pros of Liposuction
There are lots of advantages to this cosmetic treatment, consisting of:
• Right away visible modifications. Unlike standard weight loss, liposuction creates changes that are immediately visible in the body. Some difference is visible immediately, and the preferred outcomes are usually attained in just a couple of days.
• Proven and safe. This cosmetic treatment has actually been carried out by experienced specialists all over the world for many years and the method has actually been improved over and again to be safe and effective.
• Recovery time is usually quickly. The downtime required after having this kind of treatment is usually much less than exactly what is required for other kinds of cosmetic procedures, consisting of tummy tucks, breast reduction, and more. Individuals who have had the procedure can typically go back to work far more quickly than they expected and can get back to living a healthy, active lifestyle.
• Weight reduction can be long-term. With the best upkeep methods, the fat that was removed throughout the liposuction treatment will not return.
• Complete control over your physique. With liposuction, a person can have complete control over how they wish to look, beyond exactly what traditional diet and exercise can supply. Providing individuals this power over their bodies enhances self-esteem and aid people feel their very best.
While there countless advantages to liposuction, there are of course a few cautions that should be thought about prior to making the decision to progress with the treatment.
Cons of LiposuctionBefore having liposuction done, it is very important to analyze the possible disadvantages of the treatment and identify if the benefits surpass the threats in your particular case. Your specialist can help you learn more about the risks connected with the procedure and can help you decide if progressing is the best thing for you.
• Problems with general anesthesia. Due to the fact that liposuction is carried out under general anesthesia, the procedure brings the exact same risks as other kind of surgery where basic anesthesia is utilized. Underlying medical conditions may enhance these dangers.
• Negative reactions. Bruising, bleeding, and discomfort are all to be expected, however, in uncommon cases can trigger more considerable issues.
• The possible to acquire the weight back. After having liposuction done, it is critical to maintain a healthy diet plan and workout properly as advised by your doctor. Failure to do so could lead to gaining back the weight that was lost or potentially much more.
There are dangers associated with liposuction, for numerous people, the advantages far outweigh them. Educate yourself about the treatment by having thorough discussions with your surgeon and consider how liposuction has the possible to affect you as a distinct person. Only you and your specialist can figure out if liposuction will provide you with the results you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Sudlersville MD
Laser liposuction is a more recent, minimally intrusive procedure that includes heating the fat cells to melting point and eliminating the melted fat through a little cannula. The treatment is typically done right in your physician's workplace and is an exceptional choice for individuals who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary procedure to weight loss in order to sculpt the body you've always wanted.
Contact a Surgeon in your Sudlersville MD today.
If you're thinking about liposuction as a weight reduction solution, it is essential that you discuss your desires with a certified plastic surgeon in your location. Your surgeon will carry out a total exam and health history questionnaire to identify if liposuction can benefit you and help you reach your physical and psychological goals. Call today for a consultation and find out more about how liposuction can help you accomplish the body of your dreams.


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One Piece
The Strongest Pirate Fleet! Commodore Don Krieg!
Episode 22 | TV-14
The staff and patrons of the Baratie panic when Don Krieg arrives! The starving pirate begs for nourishment, only to find himself denied. Unable to see a wretch starve, Sanji steps in once again.
Dub Expires: 07-29-2015
Official Site: www.funimation.com/shows/one-pieceHide Details


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The Promise of a Pencil: How an Ordinary Person Can Create Extraordinary Changeby Adam Braun
The riveting New York Times bestseller about a young man who built more than 250 schools around the world—and the steps anyone can take to lead a successful and significant life.
Adam Braun began working summers at hedge funds when he was just sixteen years old, sprinting down the path to a successful Wall Street career. But while traveling he met a/i>
The riveting New York Times bestseller about a young man who built more than 250 schools around the world—and the steps anyone can take to lead a successful and significant life.
Adam Braun began working summers at hedge funds when he was just sixteen years old, sprinting down the path to a successful Wall Street career. But while traveling he met a young boy begging on the streets of India, who after being asked what he wanted most in the world, simply answered, "A pencil." This small request led to a staggering series of events that took Braun backpacking through dozens of countries before eventually leaving a prestigious job to found Pencils of Promise, the organization he started with just $25 that has since built more than 250 schools around the world.
The Promise of a Pencil chronicles Braun's journey to find his calling, as each chapter explains one clear step that every person can take to turn their biggest ambitions into reality. If you feel restless and ready for transition, if you are seeking direction and purpose, this critically acclaimed bestseller is for you. Driven by inspiring stories and shareable insights, this is the book that will give you the tools to make your own life a story worth telling.
*All proceeds from this book will support Pencils of Promise.
Editorial Reviews
Despite the subtitle, just a few pages into this exuberant testimony to the power of idealism, readers will realize that Braun is not an ordinary person. Raised in affluent Greenwich, Conn., by parents who embraced noncomformity and charity as sidelines to a good job and six-figure income, Braun struggled to reconcile the materialistic and spiritual. After graduating from Brown University, he worked at a prestigious consulting firm in New York City and at age 25, in the fall of 2008, started Pencils of Promise (PoP), a nonprofit organization that partners with local communities in Asia, Latin America, and Africa to build schools, train teachers, offer scholarships, and supply educational materials. The memoir consists of 30 chapters titled for lessons he learned while developing PoP. Braun has directed the building of more than 150 schools by raising funds and motivating volunteers, as well as drawing attention from national media, wealthy benefactors, humanitarians, and celebrities. In this introspective story, Braun reflects on dangers like a near-shipwreck that brought mortality close, a period of staying out late and drinking too much to mask dissatisfaction with the corporate world, lucrative job offers that threatened his resolve, and overcoming fear of public speaking and soliciting donations. While few wrestle so strongly with the profit-or-purpose dilemma, Braun's story forcefully presents the advantages of silencing the head and listening to the heart. (Mar.)
"Adam's story is iconic and riveting. The Promise of a Pencil will inspire the next generation of social entrepreneurs and persuade readers to lead lives of purpose."
"Adam Braun is a leader amongst an emerging generation of change makers who are proving that every person can be a force for positive change. His inspiring work is truly giving children around the world hope and the opportunity for a better future."
"With relentless optimism and the idealism of a seasoned traveler, Adam Braun tells an incredibly personal story about his journey from student to philanthropist. What's so extraordinary about Braun's story is how he built a simple gesture of kindness - one pencil for one child --into a movement that has inspired and influenced a new generation of philanthropists and entrepreneurs. And he's just getting started."
"Adam nails a truth we live by. The biggest difference between the person who lives their dream and the person who continues to dream is their decision to take the first step--even if the second step is unknown. Honest and entertaining. A great read."
"Adam Braun has built a wonderful organization that provides education and a solid start to children around the world. His journey captured here should inspire others to similarly follow their hearts and passions in making the world a better place."
The founder and CEO of the nonprofit Pencils of Promise explains the secret of his success: reliance on social media and "cause marketing." In 2008, Braun left his career as a management consultant to devote himself to global education. His first plan was to build schools for impoverished children in Asia, Latin America and Africa. Encouraged by his initial success, he expanded his goal. "I wasn't just interested in building one school anymore," he writes. "I wanted to build a movement that changed people's perception of charity." In 2013, PoP built its 100th school, in Ghana. The author credits his upbringing for his remarkable success. Although he was raised in an affluent environment, he was never allowed to develop a sense of entitlement. While an undergraduate at Brown University, he joined the Semester at Sea program. His near-death experience during a ferocious storm at sea and the poverty he witnessed backpacking in Asia altered his life. "I now knew my life had a purpose," he writes. The author's choice of a name for the nonprofit was inspired by an experience during his travels; he asked a boy what he would choose if he could have anything he wanted. Despite Braun's prestigious Wall Street job, by his 25th birthday, his life felt empty, so he took on an after-hours project to fundraise for a Cambodian school. Then, with help from a wide circle of friends, he decided to strike out on his own and raised $25,000 to build a school in Laos. He solicited practical and financial support from personal friends and a growing Facebook group, and he was able to elicit backing from the business community. The author skillfully weaves together his personal memoir and the professional challenges he faced. Informative and inspiring but somewhat marred by a self-congratulatory tone.
Product Details
- 9781476730639
- Publisher:
- Scribner
- Publication date:
- 02/03/2015
- Edition description:
- Reprint
- Pages:
- 288
- Sales rank:
- 93,452
- Product dimensions:
- 5.40(w) x 8.30(h) x 0.80(d)
Read an Excerpt
The Promise of a Pencil
On a sunny autumn afternoon just before my twenty-fifth birthday, I walked into a large bank in my hometown. At the time, I had everything I thought would make me happy—the job, the apartment, the life. My closet was full of impressive corporate clothing, and my business card carried the name of a prestigious company that garnered respect in every room I entered. I looked like a guy on the right path who was most likely walking into the bank to deposit his monthly paycheck.
But deep down inside, I was no longer enamored with the life I'd created. The only purpose I was serving was self-interest. While I rarely showed it to outsiders, my happiness waned day after day. A restless voice kept me up at night, telling me that until I found meaning, the money wouldn't matter. It told me that I'd find far more fulfillment if I measured my life in purpose, not profits. And that I didn't have to keep waiting, that now was the perfect moment to start chasing my biggest dreams.
It's strange how you can sometimes feel a yearning that seems bigger than your actual body. That's how I felt that day. I wanted to be a part of something that extended far beyond my two hands and the possessions they could hold. No matter how scared I was of getting off my safe path, I needed to see what would happen if I finally stepped into the uncharted territory where unbridled ambition and opportunity reside.
The scariest part was that I wasn't some successful businessman who'd built and sold companies. I didn't have a lengthy career to prove I would succeed. Nor did I have millions of dollars in financial backing. I was just a regular guy with $25 who wanted to prove that regardless of age, status, or location, every person has the capacity to change the world. So I used that small amount to open a new account in hopes of one day building a school. Everything that came after was a result of that first step. That leap of faith rippled outward, spanning cultures and continents.
Since then I've immersed myself in the field of global education. I believe that where you start in life should not dictate where you finish. And that no tool can more profoundly unlock a person's ability to change his or her place in life than access to quality education. The good news is that we have the ability to provide quality education to every child on earth right now. We are not looking for a miracle vaccine or drilling for a hidden resource that may not exist. We have all the tools necessary at this very moment. Yet we still have 57 million children out of school, and millions more who sit in classrooms each day but remain illiterate.
Education is a complex issue, which requires a complex set of solutions. There is no silver-bullet answer to educating the children of the world, but the global education crisis remains the single most solvable and important human rights issue of our time. The knowledge that it can be solved gives me hope and purpose. But no individual can solve the world's problems alone. A collective effort is required, and we each have a unique role to play.
* * *
This is the story about what happens when you acknowledge that there's more for you to become, and that you don't have to have enormous resources to make a difference in the world. It's a story about what can unfold when inspiration strikes and you realize that the rewards of living a purposeful life are rich and lasting. It's the story of my life (although I have changed the names of several people at their request), but it's a story that can belong to anyone.
Each of the thirty chapters in this book is titled with a mantra. These mantras have served as my guideposts as I've faced decisions both large and small. They have become my essential truths. I've written them with the hope that they will be carried forward, shared with others, and adopted in ways that help you on your own journey as well. Each story stands on its own, but taken together they create a roadmap that I hope will enable you to turn your own dreams into reality.
If one of these stories ignites something within you, listen to that restless feeling that your head may tell you to ignore but your heart will tell you to pursue. The biggest difference between the person who lives his or her dreams and the person who aspires is the decision to convert that first spark of motivation into immediate action. Take the first small step, then chase the footprints you aspire to leave behind. Every person has a revolution beating within his or her chest. I hope that this book helps you find yours.
Meet the Author
Adam Braun is the Founder of Pencils of Promise, an award-winning for-purpose organization that has built more than 200 schools across Africa, Asia, and Latin America and delivered over 30 million educational hours to children in poverty. PoP was founded with just $25 and has grown under Braun's stewardship with his unique approach that blends nonprofit idealism with for-profit business principles. He has been a featured speaker at the White House, Clinton Global Initiative, and United Nations. All proceeds from The Promise of a Pencil will go to support Pencils of Promise.
Customer Reviews
Average Review:
Most Helpful Customer Reviews
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Not only is this book a quick read, but it is one of the best books I have read. If you are a young person with dreams that you aren't quite certain about and are looking for encouragement, this is the book for you. If you are an older person, looking for hope in the next generation of youth, this is the book for you. If you are lost and don't know what the next step is, join Adam as he wrestles through major decisions and ends up impacting the world and changing lives. Great Read!
I definitely recommend this book to anyone looking to find inspiration. Whether it be personal, professional, or spiritual guidance (or enrichment) that your are looking for, this book has it. I had not heard of the book before I received it as a book, and I was locked in from the opening quote til the closing remarks. This book is for anyone and everyone, and even those who struggle to find good books will be unable to put it down.
As all of the other reviews have stated, this is a great and quick read. Very inspirational and would be a great gift for those looking to make a difference in the world. While I enjoyed this book, I wondered how successful Adam would have been without the connections from his brother, Scooter Braun. None the less, the book is worthy of reading and a good lesson for those in the business world today. Earily similar to book suggestion below - Walk in Their Shoes: Can One Person Change the World?
I stumbled onto this book at exactly the right time. Braun reminds us that we should all focus less on making a living and more on making a life. It wasn't a quick read for me, and I'm glad for that - I think the story and lessons in the book are best digested digested bit by bit, over a few days.
Loved this book! Adam is inspiring and his story provides a digestible yet engaging breakdown of how others can make a difference in the world too. Highly recommend to anyone who wants to make a change in their life and the lives of others!
I started reading this book hoping to just finish the first chapter on a Friday night and I stayed up all night because I couldn't put it down. It's a fast, inspiring read and shares great tips along the way. I finished the book in one weekend. I'm guessing you will too.
This book is AWESOME! I had seen a news story about this before and was intrigued, but when I saw this book come into the store it flew to the top of my list of 'must reads' and it did not disappoint. It is a quick read and I honestly could not put it down until I was done. It is an amazing story of how one person can make a difference, even with very little resources. It's a great gift for a graduate, too, since they are at a point in their lives where they can make a plan to do something that makes a difference, no matter how big or small
The best book I have read in years! As a young dreamer myself, I was both captivated and inspired by Adam's story. He shares his journey and invaluable lessons learned along the way in 30 short chapters. The most important message of this book is to live a fulfilled life. I basically attacked this book with a hilighter, and will continue to refer to it throughout my life. A must read!
A MUST READ "It only takes one person to make a huge difference" and Adam Braun did just that... he says that "the difference between a lunatic and a leader is that one of them has others who join in his or her pursuit" and in this book not only will the reader learn how to become that leader, but in my case, will follow Adam in his amazing road to change the world even more. This book is highlighted almost as much as my bible lol -sort of-
This was one of the most, if not the most inspirational books I have ever read. It was an easy read, one that could not be put down until I finished the entire book. I knew that Pencils of Promise was a wonderful organization doing wonderful things but didn't know the story behind it. After reading the story shared by Adam Braun, I am left with the knowledge of exactly WHY this is such an amazing organization. This book makes you reevaluate your own life, where you have been and where you are going, and inspires you to make changes to ensure that you are living the most purposeful life possible. It encourages selflessness, bravery, commitment, determination, humility, passion, compassion, dreaming, believing, and the desire to make a difference for someone, somewhere, somehow...no matter how big or small. I think everyone should read this book, teens included, for a life changing, uplifting experience. I have gifted one and plan to buy more to share this story with everyone that I know. Thank you Adam for sharing your story with us.
This book was not only a quick read but it inspired me as well. This is a great book!
This story is an inspirational one for anybody that is interested in making a difference. It is one that proves that anybody can make a difference if they set their mind to it. I recommend this book to anybody that needs some inspiration.


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Military leaders are trying to fix the lengthy, inconsistent process for investigating senior officers accused of misconduct, The Associated Press has learned. They are seeking to change a hodgepodge system in which investigations can drag on for years while taxpayers pay six-figure salaries to officers relegated to mid-level administrative posts.
Trust in the disciplinary system "is strained," the chiefs of the four military services said in a memo to Defense Secretary Ash Carter. The memo was obtained by The Associated Press.
Military targets handling of misconduct cases
Military leaders are trying to fix the lengthy, inconsistent process for investigating senior officers accused of misconduct, The Associated Press has learned. They are seeking to change a hodgepodge system in which investigations can drag on for years while taxpayers pay six-figure salaries to officers relegated to mid-level administrative posts.
Pentagon buries evidence of $125 billion in bureaucratic waste
The Pentagon on Tuesday played down a study that found $125 billion of waste in its business operations, saying it had "limited value."
The Washington Post, in an article co-written by Bob Woodward, reported the study had been purposely buried by the Pentagon amid fears that Congress would use it to slash military spending.
Peter Cook, a spokesman for Defense Secretary Ash Carter, told the Associated Press that the report was "well intentioned" but flawed. He said it didn't take into account existing programs to improve efficiency and didn't include specific "actionable recommendations appropriate to the department."
U.S. to return part of Okinawa military base to Japan
U.S. Secretary of Defense Ashton Carter on Tuesday said the United States will return some land on the Okinawa military base to Japan.
Carter made the announcement during a bilateral meeting with Japanese Prime Minister Shinzo Abe, who on Monday said he would visit Pearl Harbor in late December -- making him the first Japanese leader to pay tribute to victims of Japan's Dec. 7, 1941, attack.
Bergdahl seeks pardon from Obama to avert desertion trial
A former prisoner of war accused of endangering his U.S. comrades by walking off his post in Afghanistan is asking President Barack Obama to pardon him before leaving office.
White House and Justice Department officials say U.S. Army Sgt. Bowe Bergdahl submitted the clemency request. If granted, it would allow Bergdahl to avert a court-martial trial scheduled for April. He faces charges carrying a maximum penalty of life in prison.
Big blunders behind botched U.S.-led strike in Syria in September: inquiry
A U.S. military investigation has concluded that a series of "unintentional human errors" led to a coalition air strike on Sept. 17 that killed fighters aligned with the Syrian regime instead of the Islamic State militants they were targeting.
The incident, which Moscow said killed more than 60 Syrian soldiers, sparked a controversy and prompted an emergency U.N. Security Council meeting as tensions between Russia and the United States spiked.
Navy's new $4.4B Zumwalt destroyer breaks down in Panama Canal
"The timeline for repairs is being determined now," US Navy Cmdr. Ryan Perry said in a statement to CNN.
USS Zumwalt, which cost $4.4 billion to build, was on its way Monday to San Diego by the end of the year where it was to join the U.S. Third Fleet in the Pacific Ocean. It was projected to be fully operational in 2018.
Oldest Remaining Tuskegee Airman Dies
The oldest remaining member of the Tuskegee Airmen has died. Willie Rogers of St. Petersburg, Fla., died Friday from complications of a stroke. He was 101. Rogers served in logistics and administration as part of the US Armed Forces' first all-black aviation squadron during World War II, but only revealed that fact to family members in 2012, reports the Tampa Bay Times.
He received a Congressional Gold Medal a year later, some six years after the Tuskegee Airmen were initially honored at the White House. Though Rogers was shot by German soldiers during a military mission in 1943, "he would always say there were many who deserved attention more, but were not here to receive it," says daughter Veronica Williams.
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Arenales Suites
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Arenales Suites
About the hotel
Property Location
With a stay at Arenales Suites, you'll be centrally located in Buenos Aires, convenient to Alto Palermo Shopping Center and Teatro Colon. This apartment is close to Obelisco and Plaza de Mayo.
Make yourself at home in one of the 35 air-conditioned rooms featuring kitchens with refrigerators and stovetops. Rooms have private furnished balconies. 32-inch LCD televisions with cable programming provide entertainment, while complimentary wireless Internet access keeps you connected. Conveniences include microwaves and coffee/tea makers, and housekeeping is provided on weekdays only.
Enjoy recreation amenities such as an outdoor pool or take in the view from a rooftop terrace. Additional amenities at this apartment include complimentary wireless Internet access, concierge services, and barbecue grills.
Business, Other Amenities
Featured amenities include a 24-hour front desk, multilingual staff, and luggage storage. Self parking (subject to charges) is available onsite.
Hotel Facilities
- Self parking (surcharge)
- Multilingual staff
- Year Built 2014
- Number of floors - 8
- Outdoor seasonal pool
- Free breakfast
- Rooftop terrace
- Free WiFi
- Luggage storage
- Total number of rooms - 35
- Elevator/lift
- Number of buildings/towers - 1
- Barbecue grill(s)
- Smoke-free property
- 24-hour front desk
- Pool sun loungers
- Outdoor pool
- Concierge services
Room Facilities
- Hair dryer
- Refrigerator
- Shower/tub combination
- Down comforter
- Private bathroom
- Air conditioning
- Microwave
- Furnished balcony
- Stovetop
- Coffee/tea maker
- In-room climate control (air conditioning)
- Free toiletries
- Bidet
- Cable TV service
- Free WiFi
- Housekeeping - weekdays only
- Kitchen
- Iron/ironing board
- Cookware, dishware, and utensils
- Free cribs/infant beds
Hotel Policy
Know Before You Go
- This property offers transfers from the airport. Guests must contact the property with arrival details 48 hours prior to arrival, using the contact information on the booking confirmation.
- One child 2 years old or younger stays free when occupying the parent or guardian's room, using existing bedding.
- No pets and no service animals are allowed at this property.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Self parking fee: USD 12 per day
- Early check-in fee: USD 45
- Late check-out fee: USD 45
- Cribs (infant beds) are available for an additional fee
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.Show all hotel policy Show less hotel policy


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Sci fi/Fantasy image byBridgette Levy
This picture began when I finally decided to sit down and draw again. I can't really say what inspired her except the picture in my mind and soul.
Published More than a year ago
Category Mythology
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This image is flagged as NSFW
The tale of the vampire Raimoth begins in defeat
Raimoth continues on her journey and divulges too much
Raimoth's story conitnues with a samll victory and an even bigger loss.


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Last Build Date: Mon, 12 Sep 2016 00:00:00 CDTCopyright: Copyright 2016 Federal Reserve Bank of St. Louis
2016-09-12During the housing bust many homeowners found themselves "underwater"—the amount they owed on their mortgages exceeded the value of the associated property—and they either could not or possibly chose not to stay current on their mortgage payments. As a consequence, sales of so-called distressed properties, often after a foreclosure, became commonplace.
2016-09-12One of the key strategies behind the creation and nurturing of a continually growing market in China is based on this premise: The free market is a public good that is very costly for nations to create and support. Market creation requires a powerful "mercantilist" state and the correct sequence of developmental stages; China has been successfully accomplishing its industrialization through these stages, backed by measured, targeted reforms and direct participation from its central and local governments.
2016-09-12Public debt is an important source of liquidity in economies facing shortages of private credit. It is also a bubble whose current price depends on expectations of what it will buy at future dates.
2016-09-12The sudden collapse of oil prices poses a challenge to inflation-targeting central banks in oil-exporting economies. In this article, the authors illustrate this challenge and conduct a quantitative assessment of the impact of changes in oil prices in a small open economy in which oil represents an important fraction of its exports.
2016-06-17The financial crisis of 2007-09 and its aftermath turned monetary economics and policymaking on its head and called into question many of the conventional views held before the crisis. One of the most popular and enduring views in all of monetary economics since the 1970s, and indeed since the 1940s, has been that a nominal interest rate peg is poor monetary policy and that attempts to pursue such a policy would lead to ruin.
2016-06-17This article is based on the author's Homer Jones Memorial Lecture delivered at the Federal Reserve Bank of St. Louis, April 6, 2016.
2016-06-17The authors study the roles of asset contractibility, market power, and rate of return differentials in dynamic insurance when the contracting parties have limited commitment. They define, characterize, and compute Markov-perfect risk-sharing contracts with bargaining.
2016-06-17While most college graduates eventually find jobs that match their qualifications, the possibility of long spells of unemployment and/or underemployment—combined with ensuing difficulties in repaying student loans—may limit and even dissuade productive investments in human capital. The author explores the optimal design of student loans when young college graduates can be unemployed and reaches three main conclusions.
2016-03-18Since 2007-09, the Federal Reserve has pursued an aggressive monetary policy strategy associated with healthy labor market conditions, moderate economic growth, and inflation close to the FOMC's 2 percent target.
2016-03-18Economic activity at the state level varies greatly across U.S. regions, with different states specializing in the production of particular goods and services. This heterogeneity in activity informs the geographic distribution of U.S. imports and exports.
2016-03-18Despite economic growth in the post-World War II period, few developing countries have been able to catch up to the income levels in the United States or other advanced economies. Such countries remain trapped at a relative low- or middle-income level.
2016-03-18In this article, the author uses a version of the neoclassical growth model with overlapping generations of individuals to investigate the effect of aging on wealth inequality.


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Mick is excellent I am so happy my tax invoice was sent to my email address with details on how to pay so easy and convenient
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SA29/S - Air Impact Wrench 1"Sq Drive Straight Long Anvil
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: SA29/S
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Details of SA29/S
o Suitable for commercial and agricultural vehicle use.
o Long anvil and straight configuration with rocking-dog hammer for applications with restricted access.
o Fitted with reverse action.
o Supplied with side handle.
Barcode: 5024209154116
Warranty: 1 Year
15.2 Kg
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Customer Gallery - See our customer gallery
Availability: Low Stock
Our new Musketeer Lady Costume is a fantastic idea for historical fancy dress themes and will make a great impression with it's bold colour and flattering design.
Costume Includes:
Our Musketeer Lady Costume features a fuchsia dress with a white cross on the front and decorative white frills on the arms and the hem, giving it an elegant historical look.
A matching pink cavalier hat with a white feather complements the dress, and the outfit is completed with a white collar.
Sizes for this costume are:
Have a question about this product? Why not get in touch by completing the boxes below.
Got this costume? Want your photo to appear here? Tag your Instagrams with @jokersmasquerade and #jokers76333.How do I tag my photos?


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West Australian Newspapers (WAN) is the leading media group in Western Australia. The flagship of the company is The West Australian daily newspaper, which is published Monday to Saturday.
On 21 February WAN agreed to acquire Seven Media Group for $4.1 billion. The deal will create the biggest media group in Australia, to be known as Seven West Media, and will be listed on the Australian share market.
To help finance the deal, WAN will conduct a $1.15 billion capital raising. WAN placed its shares in a trading halt prior the announcement, so it will be one of the stocks to watch once the halt is lifted.
Under the new ownership structure, Seven Group Holdings (SVW) would own 29.6% of the company shares, and private equity group, Kravis Kohlberg and Roberts, would hold 12.6%.
WAN also announced its first half results, which showed a 1.3% rise in 1H11 in net profit to $50.1 million. The group declared an interim dividend of 19 cents per share.
Revenue grew 2.1% to $209.4 million, reflecting a 3.8% increase in consolidated advertising revenue.
For daily West Australian Newspapers and ASX acquisitions news, get your free trial now!


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Monday, 2 January 2012
Spring is coming!
11 comments
- Frilly Socks And Docs said...
This is the perfect spring look Lucy ! I've got a lot of work to do too , can't seem to find the motivation arghh x
- 2 January 2012 at 16:34
- Lori Nugent said...
Hey lovely blog, would love if you'd check mine out and follow x
- 2 January 2012 at 17:38
- maphi said...
love the jumper so cute :D loooool everyone around me is bad when it comes to photography so i always have that issue :/ xoxo
- 2 January 2012 at 20:56
- Jen said...
Same, eurgh tres diffcult tryna do uni work.
nice laid backed look btw.
J x
- 2 January 2012 at 21:07
- Drea said...
It was SUCH a nice day today, wasn't it? That's a lovely outfit, that jumper is gorgeous!!
Drea xoxo
- 2 January 2012 at 22:37
- Petit Chatons said...
Can't believe I've not been following your blog, your Tumblr is my favourite! It would mean an awful lot to me if you could check out my blog, I've only just started :) x
- 3 January 2012 at 12:49
- Ella Victoria said...
Love your outfit!!
- 3 January 2012 at 17:18
- Justalazymorning said...
i really looove this outfit and i adoooore your pink hair!!
- 3 January 2012 at 19:24
- Hollie Galvin said...
Love your hair and creepers!
Great post
- 3 January 2012 at 20:08
- Lauryn said...
this is a fab outfit...i LOVE your hair!x
- 4 January 2012 at 12:03
- Remi said...
I love those creepers I really want a pair! I brought my striped leggings off of ebay as well! They are more of a lycra/cotton material really stretchy! If you want the name of the buyer don't hesitate to contact me :) x
- 4 January 2012 at 16:27
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The Meaning of SMHID
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Seattle tenants win in rejecting public housing's proposal to quadruple rent.
"Seattle is in the midst of a full-spectrum transportation fustercluck," writes David Roberts for Grist.
Bike lanes are hot right now in cities all over the country. As more and more cities build more and more miles of bike infrastructure, which projects are exemplary?
People for Bikes
The ballot measure generating the most new transportation funds approved by voters this month was in Alameda County, Calif. Voters chose to double an existing sales tax to one percent and extend it to 2045, raising $7.8 billion over 30 years.
Contra Costa Times
A new service provides transit users live, real-time displays of all transportation options within proximity to various locations in downtown Seattle, Washington.
Seattle Transit Blog
According to a book by John Marzluff, "Welcome to Subirdia: Sharing Our Neighborhoods with Wrens, Robins, Woodpeckers, and Other Wildlife," Seattle's greatest diversity of birds lives in its suburbs.
The Seattle Times
In the fifth of his "place-decoding" series from France, Chuck Wolfe recalls how we carry with us the ability to mine pride from place, even in places that are, perhaps, least expected to shine.
The Huffington Post
Expect to see 500 new green-and-blue shared bikes on Seattle streets or docked at 50 stations on October 13. A press conference at Pioneer Square's Occidental Park will launch Pronto Cycle Share, largely sponsored by Alaska Airlines.
Puget Sound Business Journal
If you forget to bring a bag, pay a dime for either a paper or reusable plastic bag. Single-use plastic bags will disappear from grocery stores and pharmacies on July 1, convenience and liquor stores a year later. A composting bill was also signed.
Los Angeles Times
It's not a mishap on the scale of the Bertha tunnel-boring machine stuck under Seattle's Downtown waterfront, but contractors underestimated the amount of time necessary to build seven trains for the city's new streetcar line.
The Seattle Times
Anchorage, Seattle, and Detroit will be pretty cozy compared to just about everywhere else in the United States if climate change models hold true.
New York Times
Brandon G. Donnelly reports that after implementing a Downtown protected bike lane along 2nd Avenue, Seattle has had to make some adjustments to the signaling for the lane.
Architect This City
The findings of a new report from United Van Lines along with Michael Stoll, an economist at University of California Los Angeles, show surprising trends from this summer's prime moving months, especially in the Pacific Northwest.
The Seattle Times
The growth of Seattle growth is inflaming passions on either side of the issue—some claim that the city wants everyone to "live in cubicles"; others say the city isn't doing enough to prepare for 120,000 expected new residents.
Seattle Weekly
With Seattle adding new density to go with its status as the fastest growing large city in the country, an August vote to approve and fund the Seattle Park District will have a large impact through the creation of small parks.
The Seattle Times
After initial designs were critiqued as inauthentic to the Seattle experience, the park's designers are reaching out to the region's Native American population for advice on how to improve the plans for a new waterfront park.
The Seattle Times
The "D" word (Density) is in play in Seattle, as city leaders and residents debate micro-housing regulations proposed by the City Council in May.
Crosscut Seattle
Blog post
Exploding housing costs and changing social attitudes are altering the demographics of established gay neighborhoods in several big cities. As communities become more fluid, do we risk losing their culture?
Seattle is hoping to transform the 2nd Avenue bike lane from the cities worst—location of 60 bike collisions in the last four years—to a demonstration of the state-of-the-art in bike infrastructure design.
Will a large city do what its county voters refused to do—fund the county bus system, though largely within city limits? Seattle voters will be put to the test in November when asked to pay an annual $60 vehicle fee and 0.1% sales tax.
The Seattle Times


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10 Ways to Beat Traffic Around Phoenix
Although traffic around Phoenix is pretty good compared to other big cities, it still sucks to be slowed down by congestion.
We have 10 tips for getting to work and getting home faster:
See also:
-10 Things Phoenix Drivers Need to Relearn From the Driver's License Manual
10.) 51 Over 17
Google Maps
If you live in north Phoenix, between State Route 51 and Interstate 17, the choice should be obvious -- 51.Next Page
Get the ICYMI: Today's Top Stories Newsletter Our daily newsletter delivers quick clicks to keep you in the know
Catch up on the day's news and stay informed with our daily digest of the most popular news, music, food and arts stories in Phoenix, delivered to your inbox Monday through Friday.
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There's no question August was a surreal month, full of #pinchme moments. I'm continually shocked by the amazing opportunities this blog presents, and eternally grateful for the joy and fulfillment this little piece of the internet brings to my life. In case you backpacked through Europe with no wifi last month, here are the top posts of August.
I hosted a fun Back-to-School event at our local Container Store. It was great meeting so many local readers, and sharing helpful tips for creating a smooth school transition.
Yes, that's right....I finally revealed the full Kitchen Makeover!
Organization has taken a backseat of late, but I finally got exasperated enough to tackle our Craft & Gift Wrap supplies. Roll that beautiful
bean craft footage!
Want the world's easiest, crowd-pleasing dessert? Pull these Ice Cream Cookie Sandwiches out of your hat freezer, and bask in the praise!
My indecisiveness finally paid off, and I stumbled on a pretty clever way to switch up your bed. In fact, it's 1 Bed | 4 Ways.
The big ol' spread of our former house hit the newsstands, and I spilled the secrets Behind the Scenes of our BHG Refresh shoot!
Such a fun, floral skirt...how about let's style it {5 Ways}!
I hopped over to Atlanta for the Haven Conference for some much-needed girl time. I shared some pics, along with What I Packed.
I still can't believe that's me...on the Cover of Redbook Magazine! Don't worry, I'm not likely to let you forget about it anytime soon either. #canyoublameme?
I found the perfect Weekender Bag, and took it on a little statycation to Dallas' best-kept-secret hotel.
We also have another round of Sugarplum Style, and everyone's favorite, Look for Less. Both of which now have nifty little graphics in the sidebar, so you can catch up on them anytime. Oh yeah, I'm also cruising the Carribean with HGTV and the Property Brothers...you can come, too!
September is set to be a another doozy as I head back to NYC for an exciting event, continue with room makeovers, and welcome Fall. Happy un-laboring, lovebugs!
P.S. Looking for the best Labor Day sales? Check out my latest Dressing Room Diaries post for my latest finds & a round-up of the best sales!
P.S. Looking for the best Labor Day sales? Check out my latest Dressing Room Diaries post for my latest finds & a round-up of the best sales!
If you're new around here, or playing catch-up, here are some good places to start:
{Top Ten}


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I'd say any of the pure copper ones. But for the cost of that you might as well sell your He-400, get a He-500 and THEN connect that one to a Black Widow or Copper Venom ;)
post #6091 of 9358
3/11/14 at 11:17am
- 756 Posts. Joined 10/2012
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The Centre rests at Wine Country Drive Pokolbin, and is your gateway to all information about the Hunter Valley.read more
The Hunter Valley is home to a wide range of activities, festivals and events held throughout the year.read more
So many exciting things to do in the Hunter Valley...read more
From pub style accommodation to luxurious resorts and retreats, the Hunter Valley has a great mixture of places to stay to suit all budgets and occasions.read more
Enrich your stay in the Hunter Valley with a walk round some glorious National Parks and local gardens.read more
Immerse yourself in the land of the Mega Creatures at Hunter Valley Gardens this January school holidays as the dinosaurs rock in to town...read more
Now in its 10th year, Christmas Lights Spectacular has become a family tradition and it's on again with millions of Christmas lights on display!read more
Find out the trading hours for businesses in the Hunter Valley!
The world's longest water slide and "obstacool" course is on its way to the Hunter Valley this January. Get ready for some water fun like never before!
Liking us on Facebook keeps you up to date with current events, accommodations, dining out, tours and much more. We also like to throw a bit of fun in as well! Like us today!
Planning a break - Save more when you bundle your Hotels, Flights, Packages - book up until the last minute!
With an Egyptian Lead Crystal Chandelier hanging above your head and crisp white table linen to the antique Royal Albert Teapots and tea sets that are almost 100 years old, you'll be transported to...
Enjoy your next conference in the Hunter Valley at one of the best locations in Pokolbin. At the tranquil parkland of Cam-way Estate, guests can avail of the best mid week affordable, self caterin...
The first A Day on the Green concert debuted on 26th January 2001 and since then has rocked at 18 wineries and outdoor venues in all states of Australia.
VINTAGE is the lively time of year when the grapes are harvested, usually between Summer and Autumn. Vintage is the sum of a year's hard work, with all invested in good weather, exciting quality fr...


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SRD:Holy Water
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Holy WaterEdit
Holy water damages undead creatures and evil outsiders almost as if it were acid. A flask of holy water can be thrown as a splash weapon.
Treat this attack as a ranged touch attack with a range increment of 10 feet. A flask breaks if thrown against the body of a corporeal creature, but to use it against an incorporeal creature, you must open the flask and pour the holy water out onto the target. Thus, you can douse an incorporeal creature with holy water only if you are adjacent to it. Doing so is a ranged touch attack that does not provoke attacks of opportunity.
A direct hit by a flask of holy water deals 2d4 points of damage to an undead creature or an evil outsider. Each such creature within 5 feet of the point where the flask hits takes 1 point of damage from the splash.
Temples to good deities sell holy water at cost (making no profit).
See AlsoEdit
Back to Main Page → System Reference Document → Equipment


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The D74U Series of line of 2008 LCD televisions offer a 1080p native resolution and an ethernet port for accessing content and support directly from the Net. These sets bridge the grap between the lower end D64U series and the flagship SE94U series. Compared with the SE94s, 74U are missing the 10-bit panel and 120Hz display mode, instead they incorporate Aquos Net capability, and cabinet design from the SE94 series and boost up the contrast ratio over the 64Us.
- 1080p native resolution.
- 17,000:1 dynamic contrast ratio
- 4 ms response time
- 450 cd/m2 brightness
- Inputs: HDMI x 3, Component x 2, Composite x 3, S-Video x 1, VGA x 1
AQUOS Net - through the included ethernet port these sets can be connected directly to the Internet which adds two main features. The first is the ability to view content from the Internet, such as videos, and widgets providing weather and news information. Connecting to the Net gives access to the AQUOS Support Net which lets you Sharp offer customer support such as diagnosing problems and calibrating your television.
Panels - Sharp, along with Samsung are one of the only manufacturers to make their own panels. Sharp's panels are known for producing duller colors than the Samsung, but offer better viewing angles with little discoloration.
The naming convention of the AQUOS D74U series is: Sharp AQUOS LC-xxD74U where xx refers to the size of the model.
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GREAT OPPORTUNITY....Over 3000+ finished sq ft.....just waiting for some TLC. Close to Woodmore Towne Center, Rt-50, I-495 & RT-202. Priced to Sell! Large Single Family w/ 5 BDRMS & 3.5 BTHS. Large Kitchen w/ island, 2 car garage, huge basement, family Rm & more.Seller request closing at Capitol Title. Bankruptcy Sale. Sold As-Is. TEXT FOR SHOWING 10:30 am-7pm.


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filed: February 20, 1981.
COMMONWEALTH OF PENNSYLVANIAv.KENNETH QUARLES, APPELLANT
No. 2413 October Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Trial Division, Nos. 1953-1955, April Term, 1979.
Paul Messing, Assistant Public Defender, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Brosky, Hoffman and Cirillo, JJ.*fn*
[ 284 Pa. Super. Page 475]
On September 7, 1979, a court sitting without a jury convicted appellant of aggravated assault, recklessly endangering another person, and two counts of possession of an instrument of crime. After denying post-verdict motions, the court imposed sentence, and appellant took this appeal. Appellant contends, inter alia, that counsel below was ineffective for failing to challenge in post-verdict motions alleged deficiencies in the colloquy in which he waived his right to a jury trial. We note, however, that both counsel below and present counsel were members of the Defender Association of Philadelphia at the time of their representation of appellant.
When an appellant raising ineffectiveness of trial counsel is represented by appointed counsel from the same office which represented him at trial, the proper procedure is to remand to allow appointment of new counsel not associated with trial counsel. Commonwealth v. Fox, 476 Pa. 475, 383 A.2d 199 (1978); Commonwealth v. Sherard, 477 Pa. 430, 384 A.2d 234 (1977); Commonwealth v. Wright, 473 Pa. 398, 374 A.2d 1273 (1977). In such circumstances, it cannot "be assumed that appellate counsel will provide the zealous advocacy to which an appellant is entitled." Commonwealth v. Fox, supra, 476 Pa. at 479, 383 A.2d at 200.
Commonwealth v. Patrick, 477 Pa. 284, 286-87, 383 A.2d 935, 936 (1978). See also Commonwealth v. Harrison, 275 Pa. Super. 249, 418 A.2d 706 (1980). Accordingly, we remand to the lower court for appointment of new counsel not a member of the Defender Association of Philadelphia to represent appellant on the issue of ineffectiveness of counsel below and any other issue properly preserved for appellate review.*fn**
*fn* Judge Vincent A. Cirillo of the Court of Common Pleas of Montgomery County, Pennsylvania, is sitting by designation.
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