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Most Read Stories
Articles by Larry Dignan
Red Hat open sources how it makes decisions (Jun 08, 2016)
Red Hat CEO Whitehurst on VMware, OpenStack and CentOS (Jul 14, 2014)
HP's way forward? Commoditize software, buy Red Hat (Mar 08, 2011)
HP just blew up Android tablet pricing (with a printer) (Sep 21, 2010)
Rackspace, NASA launch OpenStack: Can it prevent cloud lock-in? (Jul 19, 2010)
Five tips for improving Linux security (Jun 16, 2010)
3D PCs coming soon then a boom, says report (May 29, 2010)
IBM hits graphene transistor breakthrough (Feb 06, 2010)
Red Hat CEO vs. Torvalds: More Linux features don't equate to bloat (Sep 24, 2009)
Survey reveals pent-up demand for Windows 7 - and alternatives (Apr 14, 2009)
Novell chief: 'Our Linux performance did not meet our expectations' (Feb 27, 2009)
The End Run Around the OS is Underway (Aug 15, 2008)
Gartner: Windows Collapsing Under its Own Weight; Radical Change Needed (Apr 10, 2008)
Novell Comes to Sesame Street (Mar 19, 2008)
Linux Security Guru Joins Microsoft (Jan 22, 2008)
Can an Airline Exec Run Red Hat? You'd Be Surprised (Dec 21, 2007)
OLPC: How Do We Gauge Success? Will 490,000 Units Do? (Nov 26, 2007)
Open Source Adoption: More Rigor, Less Emotion (Oct 11, 2007)
The $150 Laptop Saga: Where's This Mystery Laptop? (Sep 12, 2007)
Is Google Becoming An Enemy To Open Source? (Aug 22, 2007)
Can Google Get OIN Over the Enterprise Hump? (Aug 09, 2007)
Microsoft Inks Linspire: Is Red Hat Next? (Jun 15, 2007)
What Happens to Novell, Post Microsoft? (Jun 03, 2007)
SAP, Novell Team Up On SUSE Linux Support (May 16, 2007)
Microsoft's Linux Defense: $3 Windows-Office Bundle in Emerging Markets (Apr 19, 2007)
ZDNet: Red Hat to Up the Virtualization Price War Ante (Feb 15, 2007)
ZDNet: Critical Mass: The Reason Alternative Office Suites Stumble (Feb 10, 2007)
ZDNet: Red Hat: What Me Worry? (Dec 21, 2006)
CNET News: Survey: Linux Growing; CRM in Doubt (Sep 05, 2002)
CNET News: How Would Kermit Look in a Red Hat? (Apr 30, 2002)
CNET: TiVo: Bound to be bundled? (Sep 07, 2001)
Inter@ctive Week: Commentary: VA Linux Vs. The Big Guys (Nov 17, 2000)
ZDNet UK: Love or hate Microsoft, it has lined your pocket (Sep 01, 2000)
ZDNet UK: Does Microsoft matter anymore? [Q4 results] (Jul 19, 2000)
Inter@ctive Investor: Red Hat steps up profit push (Jun 16, 2000)
Inter@ctive Week: Gateway/Transmeta: Log Rolling Du Jour (Jun 12, 2000)
ZDNet UK: Linux stocks go from famous to forgotten (May 26, 2000)
Inter@ctive Week: Novell Hits The Financial Wall - Hard (May 13, 2000)
ZDNet UK: Will Caldera Systems miss out on all that Linux IPO euphoria? (Mar 16, 2000)
PC Week: VA Linux misses estimates, but sales surge (Feb 24, 2000)
Inter@ctive Investor: Can Linux boost growth-impaired SGI? (Jan 25, 2000)
Inter@ctive Investor: Corel plunges on 4Q profit warning (Dec 22, 1999)
PC Week: Red Hat misses estimates, splits stock (Dec 20, 1999)
PC Week: VA Linux IPO takes off like a rocket (Dec 10, 1999)
ZDNET UK: VA Linux set for flotation (Dec 09, 1999)
Inter@ctive Investor: Linux duo VA Linux, Andover.net step up to IPO plate (Dec 08, 1999)
Inter@ctive Investor: Red Hat jumps on Dell pact (Dec 06, 1999)
PC Week: Red Hat Q2 results right on target (Sep 22, 1999)


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Heat Seal Adhesive for Packaging – Fold-Over and 2-Part Blister Cards
To select the best heat seal adhesive for your Fold-Over or 2-Part Blister Card application – it is important to consider both the end use and the converting machine and process that makes the final heat seal.
We can help you determine the best heat seal adhesive for your process. In addition to the – Proper activation temperature for a heat seal adhesive, considerations such as the – Amount of pressure being applied the – Heat sealing temperature required to complete the final seal, and the – Dwell time (the time that the heat will be applied to the heatseal adhesive). All these factors, will have an impact on the type of heat seal adhesive we will recommend. Selecting the correct heat seal adhesive will ensure that your equipment runs well and produces high quality product.
We have years of industry knowledge and experience, our chemists are available to assist you with choosing the right adhesive products. Contact us today to help you to determine the best heat seal adhesive technology and application equipment for your packaging process.
Our Heat Seal Adhesive Coatings are widely used for these applications:
- Blister Packaging
- Credit Card Lamination
- Food Packaging
- Paper Converting
- Pharmaceutical Packaging
- Flexible Packaging
- Laminating
- Yogurt Lidding
- Film to foams.
- Film to Foil /metalized film.
- Heat seal lacquered aluminum foil.
- Food grade heat seal lacquer foil.
- Pharmaceutical blister pack foil.
- Specialty heat seal applications.
- Textiles for heat sealing.
- Transfer decal film lamination.
- Lacquered Aluminum Foil roll for processed cheese wrap.
For more detailed information on our complete line of heat seal products, to speak with a technical representative about your application, and to request samples, please call us at 1-(800) 249-0337 or email us at firstname.lastname@example.com

subset: commoncrawl


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Asbestos-related cancers include asbestosis and mesothelioma which have their roots in exposure to fibrous asbestos materials. Mesothelioma is a cancer that affects the mesothelium which is the membrane that lines parts of the body organs. There are three main organs where mesothelium is found in relatively high content and each has its own name in relation to the part of the body.
For example, mesothelium found in the linings of the lungs is called the pleura which are also rated as among the most common mesothelioma cancer. Peritoneum is the mesothelium that surrounds the abdominal cavity and the pericardium is the one that lines the heart.
Cancers observed in these linings are rare but the incidence has nevertheless, bulged excessively in recent years. This is not because there is too little risk of developing cancer but only because the risks only increase overtime and the development of the cancer is very slow; usually it takes 20 to 30 years of development before someone is diagnosed with asbestosis or mesothelioma.
The victims, mostly middle aged and older men, were exposed some decades ago. Those people who also have direct contact with these people may possibly develop mesothelioma. This is why it is often difficult to establish a lawsuit as this requires a very long and tedious processes.
Fundamental research must be made and the exact culprit must be discovered before cone can actually have high chances of wining a lawsuit. Eventually, men who have worked in places like shipyards and other maritime workplaces, industrial worksites and places where high exposure to mesothelioma have filed lawsuits against the companies they once worked for.
There are many commonalities with regards to lawsuits and mesothelioma. First, the client must get an attorney who will go over the details from some decades past. Very unfortunately, the process of mesothelioma lawsuits is very long and might even take years. This is because the reason of exposure to asbestos is not enough to win the lawsuit.
The asbestos attorney must ascertain the exact details of exposure, from the date it is believed to have begun to the types of exposure and the exact products, elements and events that lead to the exposure. Also, it must be proven that the company the victim worked for had willingly allowed or forced their workmen to work in asbestos-exposed sites in spite of the company's knowledge of the risks to make a strong case.
Companies are becoming more efficient at winning lawsuits to the increased number of asbestos lawsuits in the past recent years. Because of this, it is highly possible to lose a claim if not backed by strong evidences and a good case. This is why it is advisable to file lawsuit in groups.
There are various options for filing lawsuits on asbestos cancer and mesothelioma. These include filing an individual lawsuit through a reputable attorney, do it yourself filing of a case, and filing of a lawsuit as a member of a group.
If you are quite not sure of what to do, it is best to seek professional advice from a mesothelioma attorney or personal injury attorney to get advice on what actions to take. Mesothelioma and asbestos cancer law suits are really complex and require much expertise. And remember that you are facing rather large companies who have high willingness to win the case. But keep in mind that hiring a mesothelioma attorney does not mean that you will have to face a long trial. You could also end up with an out of court settlement for the convenience of both parties.
What's good about filing an asbestos cancer and mesothelioma lawsuit is that you don't have to worry about out-of-pocket-expenses, even with an ongoing trial, because personal injury attorneys are paid on the basis of contingency. They will only be paid if they win the case.
Thus, even if the process is tiresome, you still have some chances to put justice in the right order through filing a mesothelioma and asbestos cancer lawsuit.


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July 15, 2008
Redwood City, CA – Dealix Corporation, a division of Cobalt, announced that it has been selected by Microsoft Corp. as the lead fulfillment provider for MSN Autos. The agreement brings together Dealix, an industry leading provider of quality automotive leads for dealerships, dealer groups and automotive manufacturers, with MSN Autos, one of the web's most popular destinations for consumers seeking help with the new car purchase process.
Dealix will integrate its lead distribution technology with the Microsoft network in order to give MSN visitors a seamless, MSN Autos experience. Dealix will provide fulfillment for the thousands of car buyers who look to MSN Autos each week for help in obtaining price quotes for new cars from local auto dealers.
Dealix, founded in 1998, has the broadest and highest quality lead supply network in the industry, with extensive experience providing quality automotive leads for third parties. Dealix's advanced quality control and routing technology, powered by its robust platform, matches thousands of serious new and used vehicle buyers to the most appropriate dealers daily. Dealix will begin to power the MSN quote process quarter of 2008.
"We are excited to partner with MSN," said Anna Zornosa, general manager of Dealix. "MSN Autos has been an innovator and a leader in helping car buyers through a complex shopping process. Our goals are well-matched: Dealix is devoted to helping consumers find the car they want with speed and ease. Our collaboration with MSN Autos will help provide new car dealers with the highest quality and volume of leads, helping dealerships sell more cars and giving shoppers the information they need."
About DealixDealix, a division of Cobalt, is the world's leading provider of quality automotive leads for dealerships, dealer groups and automotive manufacturers. Dealix has the broadest and highest quality lead supply network in the industry, including partnerships with AOL Autos, Edmunds, Kelley Blue Book, MSN Autos and Yahoo! Autos. Dealix's advanced quality control and routing technology matches thousands of serious new and used vehicle buyers to the most appropriate dealers daily, delivering a quality user experience while providing dealers one of the most efficient methods to sell more cars.
DiversiForm Ranks 10th in the U.S. for Label & Tag Sales
Print Solutions Magazine recently released their Top 100 Distributors. Distributorships on the list are ranked according to highest dollar sales volume; for the past 8 years, DiversiForm, Inc. (DFI) has successfully ranked among the Top 100.
© 2018 Auto Dealer Today. All Rights Reserved.


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Find the perfect place from the worlds best selection of vacation rentals on VRBO.
Our 2018 property listings offer a large selection of 619 vacation rentals near Guerneville. From 378 Houses to 103 Cabins, find a unique house rental for you to enjoy a memorable stay with your family and friends. The best places to stay near Guerneville for a holiday or a weekend are on VRBO.
VRBO offers a large selection of vacation rentals near lovely places in Guerneville. From VRBO travelers, the top most popular points of interest to stay for a holiday trip or just for a weekend are:
But there are many other points of interest around Guerneville listed on VRBO where you can find your place to stay. Please use our search bar to access the selection of vacation rentals available near the point of interest of your choice.
Yes, of course. VRBO has 378 Houses in Guerneville. Our other popular types of vacation rentals in Guerneville include:
But you can also enjoy a great stay in one of our other vacation rentals including Resorts and more.
Absolutely, VRBO has 155 rural rentals in Guerneville. You have also many other possibilities in Guerneville area, including:
Please use our search bar to access the selection of vacation rentals.
Yes, you can select your prefered vacation rental with heated indoor pool among our 46 vacation rentals with heated indoor pool available in Guerneville. Please use our search bar to access the selection of vacation rentals available.
Enjoy the wineries and other features of Guerneville. This relaxing city is known for its forests, riverfront and camping. Goat Rock Beach and Kendall-Jackson Wine Estate and Gardens are just a couple of the must-sees in the area. Many rental homes come with outdoor spaces, separate dining areas and full kitchens, perfect if you want to enjoy some home-cooked meals.
Do you want to find attractions to visit during your stay? Travelers enjoy fun activities like camping and hiking. Venture out of your cozy vacation rental and experience everything that makes Guerneville a one-of-a-kind vacation spot. Here are some of the top attractions to explore, all within 30 miles (48.2 km) of the city center:
Whether you're looking for fun outdoor activities or just want to appreciate the scenery, Guerneville is a great spot to appreciate mother nature. Here are a few of the area's most eye-catching natural features, all within 30 miles (48.2 km) of the city center:


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HELP-Welcome to Results Weight Loss. I have a no gimmick approach to weight loss. It's really not hard at all when you're reporting into a highly motivated person who has the ability to keep you motivated and on track during your weight loss journey.
If you're ready for change, Results Weight loss will empower you to change bad habits. With exciting foods and simple exercise without joining gyms. Learning to eat the right food, having it structured in a normal way you and your family can enjoy. There are plenty of fit people in gyms that are overweight and not eating right. My motto is "it's not what you do, it's what you chew" this means you must learn what you can eat and how much. Find out about our delicious menus and recipes, find out how easy it is to lose weight. The quicker you get it off the quicker you start your maintenance and a whole new healthy happy lifestyle that will add years to your life.
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Ada banyak jenis-jenis paragraph. Berikut ini beberapa jenis paragraph yang dilihat dari isinya atau tujuan paragraph itu:
Paragraph narasi
adalah paragraf yang bertujuan untuk menceritakan suaut peristiwa atau kejadian sehingga pembaca seolah - olah mengalami sendiri kejadian itu.
Money causes teenagers to feel stress. It makes them feel bad about themselves and envy other people. My friend, for instance, lives with her family and has to share a room with her sister, who is very cute and intelligent. This girl wishes she could have her own room and have a lot of stuff, but she can't have these things because her family doesn't have much money. Her family's income is pretty low because her father is old and doesn't go to work. Her sister is the only one who works. Because her family can't buy her the things she wants, she feels a lot of stress and gets angry sometimes. Once, she wanted a beautiful dress to wear to a sweetheart dance. She asked her sister for some money to buy the dress. She was disappointed because her sister didn't have money to give her. She sat in silence for a little while and then started yelling out loud. She said her friends got anything they wanted but she didn't. Then she felt sorry for herself and asked why she was born into a poor family. Not having money has caused this girl to think negatively about herself and her family. It has caused a lot of stress in her life.
Paragraph deskripsi
adalah paragraf yang bertujuan menggambarkan sebuah objek nyata agar pembaca merasa seolah-olah melihat sendiri objek yang digambarkan itu.
Most students like the freedom they have in college. Usually college students live on their own, in the dormitory or in an apartment. This means they are free to come and go as they like. Their parents can't tell them when to get up, when to go to school, and when to come home. It also means that they are free to wear what they want. There are no parents to comment about their hair styles or their dirty jeans. Finally, they are free to listen to their favorite music without interference from parents.
Paragraph eksposisi
adalah paragraf yang bertujuan memaparkan sejumlah informasi atau pengetahuan dengan tujuan pembaca dapat mendapat tambahan informasi atau pengetahuan sejelas – jelasnya
A disease that causes chronic gastrological disorders, IBD, is envisioned in a spectrum of severities. Cats can vomit heavily, and suffer from continuous diarrhea. Reasons for the disease are yet unknown. Bacterial infections, gastrological irritation, lack of vitamins are often quoted as factors contributing to the development of the disease. Veterinarians, treating IBD in cats, usually prescribe medicine and advice on the dietary management as well as make surgical choices. If untreated, IBD, can be fatal for cats. Research - conducted mostly by pet owners - shows that a cat's diet can be critical. Further research will include inspection of several vaccines. So far, grain-free, raw meat diet has already proved to be largely beneficial.
Paragraph argumentasi
adalah paragraf yang bertujuan untuk mengemukakan alasan, contoh, dan bukti - bukti yang kuat dan meyakinkan dengan tujun meyakinkan pembaca sehingga pembaca membenarkan pendapat, sikap, dan keyakinan kita.
I am against smoking Marijuana because it causes paranoia, laziness, and lung cancer. I first believe that people should not smoke Marijuana because reaching a state of paranoia can cause a person to act irrational, which can lead to a huge mistake and regret. For example, one day my friend smoked some weed, and he started complaining about his heart racing, and he was sweating excessively. Out of panic, he ran down the street crying, and the cops arrested him. Second, Marijuana causes laziness, which prevents people from living up to their potential. For instance, I watched a movie about a guy who smoked marijuana regularly. He became so lazy that he failed out of school, and he was also fired from his job because he always called in sick when he was really stoned and lazy. I am finally against smoking marijuana because it causes lung cancer, which shortens the life of a person. An example of a shortened life due to marijuana is my neighbor who smoked weed every day. At the age of forty-five, he was diagnosed with lung cancer. If he did not smoke marijuana everyday, then he probably would have lived a lot longer and raised his family. In conclusion, marijuana may make some people feel good, but the long term affects for such a short period of pleasure can be devastating; therefore, I am fully against the smoking of this drug.
Paragraph persuasi
adalah paragraf yang bertujuan untuk membujuk atau merayu pembaca sehingga pembaca tergiur atau terpengaruh untuk mengikuti keinginan penulis.
As a senior at Bina Bangsa High School, I've noticed that the greatest problem facing public schools is large class size. For the past three years, certain circumstances have allowed me to attend smaller classes in English and history. Now the pilot program is over, and I am once again enrolled in regular-size classes. Comparing the former experience with my current situation, in which my English class is comprised of more than 40 students, the advantages of smaller classes become readily apparent. In my current English class, effective teaching and learning have been sacrificed to the administrative advantage of fewer classes holding greater numbers of students. Although in terms of test scores the class has been deemed successful, student participation in such a large class is limited to a select few; individual conferences with the teacher are hard to get due to the sheer number of students; and papers take weeks to get graded. In smaller classes, however, it has been my experience that all students participate, classes are more focused and on task, and the teacher develops a closer relationship to the students. These factors allow students to learn and develop their abilities. They also allow teachers to effectively critique their students' work. Moreover, in small classes, students can develop working relationships with one another—a camaraderie nonexistent in larger classes. If the public school system were to cut class size in half, to approximately 15 to 20 students each, the benefits would manifest themselves immediately. If we wish to improve the level of education in public schools today, we must reduce class size.


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Friday Recap
On Friday the market ended the trading day recording its sixth consecutive week of losses. The major market indexes stood at or near multi-year lows and early indications are that third calendar quarter corporate revenue and earnings reports will show little, if any, improvement over the second quarteris lackluster results.
Last weekis trading was marked by investor preoccupation with the escalating conflict in the Middle East and Americais political, psychological and military preparation for armed conflict with Iraq. Discussions concerning domestic economic matters have been muted by the vocal debate about international affairs.
A perceived lack of a coherent economic policy in Washington compounded by persistent corporate accounting scandals and widespread evidence that unscrupulous executives have systematically looted their companies with apparent impunity, have caused many traders to keep their cash on the sidelines. The nationis small investors continue to seek alternatives to the stock market such as real estate to preserve or enhance their net worth.
Monday Trading
On Monday investors turned their attention to Washington as the nation waited on President Bushis much-publicized address to the American people concerning the motives for and the prospects of military action in Iraq. The West Coast port lockout entered its second week with no evidence that union members and port owners would find an agreement to end their dispute. The economic cost of the lockout is now estimated at about US$2 billion per day. Retail stocks were hit hard on Monday as evidence mounts that consumers, the main catalyst for recent economic growth, may be slowing their pace of spending. The dayis bearish news pushed the major indexes to the cellar.
On Monday, the Dow Jones Industrial Average ended at 7,422.84, down 105.56. The S&P 500 Index finished off 15.30 at 785.28. The NASDAQ Composite Index fell 20.50 to close at 1,119.40. On Monday Apple dropped .26 and ended the day at 13.77, pushing the companyis market cap below US$ 5 billion.
The political events in New Jersey had one more day at center stage of this yearis election circus. Senator Torricelliis decision to withdraw from the New Jersey US Senate race within weeks of Election Day -- based solely on the fact that he decided he could not win after an ethics scandal rocked his campaign -- may have set a new political precedent for growth in two-party power. In this case the national partyis ability to quickly replace a probable losing candidate on a ballot within weeks of an election without direct voter input appears to have been a successful way to circumvent the already tightly controlled two-party candidate nomination process.
On Monday the US Supreme Court refused to consider without comment the Republican Partyis appeal of the New Jersey Supreme Courtis decision to allow state officials to decide whether or not the Democratic Party can replace Mr. Torricelli on the November ballot. Some suggest the high courtis decision not to hear the appeal may be in response to the controversy surrounding the 2000 presidential election when the Supreme Court sided with the Florida Secretary of State and in effect determined the winner of the 2000 presidential election. To other observers the Supreme Court has been consistent in both cases, allowing the constitutionally elected officers in each state to determine ballot and election issues. However, accounting scandals and election unrest do little to restore investor faith in the nationis economic and political systems.
Appleis premium priced .Mac service experienced an unexpected outage on Monday morning, denying subscribers access to their mac.com e-mail among other issues. All services were restored soon after noon Eastern Time, but the service outage came at an inconvenient time for the Mac maker as it pushes users to convert their free iTools accounts to the fee-based .Mac subscriber service by the October 14, 2002 deadline.
Without ceremony or fanfare Apple has reduced the price on the 15" LCD iMac by US$100. The drop in price comes as Apple and other PC makers grapple with sluggish sales while taking advantage of falling component prices. The 15" LCD iMac debuted with a base model at US$1,299 but Apple raised the price soon after introduction due to escalating costs. While the base model LCD iMac has been reduced to its original price, the US$100 drop in prices across the 15" LCD product line reduces the cost to consumers on some models to below their original price tag. Apple also offers a 17" LCD iMac for consumers looking for larger screens and other enhancements.
Interest Rates And The Economy
Interest rates remain at forty-year lows. Many are calling for a further reduction in interest rates in order to boost the stubbornly sluggish economy. However, economists and analysts know the more interest rates are reduced now, the more quickly interest rates may need to be increased later, when the economy shows real signs of sustainable growth.
Todayis interest rate dilemma started in the months before 1/1/2000 when the Federal Reserve Board flooded the economy with liquidity in order to make ample amounts of money available to the public and banks in the event of systemic Y2K glitches. Soon after the start of 2000, the Fed sought to reign in the money supply and dry up excess liquidity, concerned that too much liquidity might spark inflation. The Fedis sharp response to inflation fears caused the nationis money supply to dry up too quickly and contributed to the recession that began in earnest in the first quarter of 2001.
The Federal Reserve Board began to reverse its tightening policy when data indicated that the increase in interest rates and efforts to curtail money supply growth had helped to stall the economy. Consumers, many of whom are homeowners, were faced with some unintended realities when interest rates dropped quickly. The precipitous decline in interest rates reduced the interest expense on variable rate mortgages, thus potentially increasing personal taxes for homeowners because they now paid less in tax deductible interest on their mortgages. Home equity loans and mortgage refinancings to take advantage of low interest rates and untapped home equity have fueled new consumer spending.
Consumers have used the previously untapped equity in their homes to purchase big-ticket items such as cars and other durable goods and finance household expenses. However, a new car or other durable good purchased today may be a new car or other big-ticket item that otherwise would have been purchased six months or a year from now. Additionally, the use of funds from home loans to finance household expenses may hide increasing levels of consumer spending-related debt.
A significant component of the reported growth in consumer spending may be purchases that have been accelerated due to the drop in interest rates rather than a long-term increase in the level of consumer spending activity. In short, the sharp drop in interest rates may be masking fundamental problems in the economy. Recently, banks and other consumer lenders have succeeded in quietly passing federal legislation that makes it much more difficult for consumers to declare personal bankruptcy and walk away from their obligations. Banks and consumer lenders appear to be preparing for a significant increase in consumer insolvency rates that may occur when interest rates inevitably move higher.
In the tech sector, the sharp drop in interest rates has skewed corporate results. Cash rich and well-managed tech companies such as Apple Computer and Dell Computer have seen a significant drop in their interest income due to reduced earnings on their cash and investment assets. Apple has chosen not to use its hefty cash position for other purposes in order to squelch the concerns of rich-averse buyers such as education and government customers who might be concerned about the companyis relatively small market share and thus the companyis prospects for long-term success.
Rightly or wrongly, risk-averse buyers take Appleis strong balance sheet as a sign of the companyis staying power in the market. In contrast, Dell Computer has used about US$3.4 billion over the past several quarters to buy back its own shares, thus helping to maintain the companyis earnings per share growth at a time of falling profit margins.
Apple has judiciously used its cash to make small technology purchases, but few high-tech companies are making large R&D commitments and very large companies such as Hewlett-Packard are carefully watching their R&D expenses. Corporate America is generally not investing in new technology infrastructure, waiting on the much anticipated but elusive turnaround in business spending before making investment commitments.
The question is: How long can the economy continue to show signs of even tepid growth without an increase in business spending?
A portion of the reported economic growth in the first and second calendar quarters of 2002 was due to a build up of business inventories in anticipation of a pickup in corporate spending. Unless business spending activity begins to increase, working down inventories may further slow the subdued pace of current economic growth.
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Rates, Fees and Deposits
Rates for New Electric Service Installation
Daily availability charge replaces monthly basic electric charge on new bill
The monthly basic electric charge has been changed to a daily availability charge on your new statement. This better communicates the actual cost of making electricity available to you on a daily basis. Charges for off-peak meters and security lights have also changed from monthly to daily. The availability charge is $1.18367 per day for residential members. It was formerly itemized on the bill as the basic electric charge of $36 per month. This is not a rate increase, it simply breaks the monthly charge down to a daily charge of 365 days per year.
What is the availability charge?
The daily availability charge covers your share of the cost to build and maintain power lines and the electric system that makes power available at your location. This charge is higher in rural areas because costs are shared by fewer members.
What is the kWh energy charge?
The kWh energy charge covers the cost of electricity you actually use, including its generation and transmission from the power plant. This rate schedule includes separate rates for winter and summer, with higher rates in the summer months when demand is higher. Winter rates are October through May and summer rates are June through September. Rates are higher in summer because demand and wholesale power costs are higher. Co-op members use more electricity during the hottest days of summer than they do on the coldest days of winter. As a result, power costs more during the summer than in the winter.
Helping members conserve and save
Polk-Burnett employees are always looking for ways to help members conserve and save, while creating greater comfort in your home. We offer off-peak electric heating systems and low off-peak rates at a significant cost-savings. The co-op also offers EnergySense rates on energy-efficient heating and cooing systems, geothermal systems, lighting and appliances. Plus, home performance tests help identify areas to tighten your home for more efficient heating and cooling. The co-op offers rebates on these tests and home improvements.
For more information about electricity rates and tips to conserve and save, contact Polk-Burnett member services at 800-421-0283 ext. 595 or via email.


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Most Popular Rods
40' Telescopic Pole
18' Spinning Rod
Tenkara rod Wakata
5.4m Surf Rod
43' Telescopic Pole
21' Super sensitive very slim aggressive design extra light telescopic fishing pole made of 99% High Modulus Carbon manufactured in Japan.
Brand new 21ft compact telescopic pole,
Extra-Light Weight
, 170g, easy to carry, collapced to 84cm; pole provides superior portability, yet extremely sensitive and versatile. The pole is made of a 99%
Higher Modulus Graphite Carbon
manufactured in Japan, using Japanese Design, Engineering and Technology. On the top part, high modulus graphite is used for sensitivity and best reaction while extra layer of graphite is used on button section for better security.
A very slim rod constructed in high modulus carbon together with highly innovative cutting edge materials which make it unequalled for rigidity, strength and balance. Rod is balanced to gain the most lifting power.
Fast Action
rod with an incredible
and outstanding sensitivity is taking the best of advantages between a sensitive tip and powerful button. All the way up cross wave graphite enhancement system makes a durable fighting match. Micro pitch tape wrapping adopted by whole for enhancement and strength improvement. Accurate weight calculation of each section for this high sensitive match. Comfortable soft touch handle by using unique painting process. Luxury cosmetics with the fancy clear wrapping give you extraordinary feeling.
This rod will detect the slightest most delicate bites, and still will have enough strength to land the hardest fighters. Pole has exclusively high performance, it is very flexible and strong. It provides a tremendously wide variety of fishing; it is perfect for all water types and conditions for fish of any size including
Steelhead Trout
on a dry fly, a
Largemouth Bass
on life bait,
with a worm,
on a corn or a
on minnow.
This rod is perfect for every fisherman from a young kid to a professional angler.
Sale Price: $114.20
99% High Modulus Carbon
10 Telescopic Sections.
Standard Length: 6.3m / 21ft
Extended Length: 6.18m
Folded Length: 84cm / 2.8ff
Standard Weight: 170g / 6.0oz
Lifting Power: 800g
Diameter Minor: 0.7mm.
Diameter Major: 22mm.
Pole End Protector.
Screw Butt Cap.
Soft Cotton Rod Bag.
Designed Plastic Case.
Pole is designed to use without a reel.
Last section has strong braid lilian string connected to the tip.
This string greatly enhances the sensitivity of the pole for detecting slightest strikes.
Line can be attached
to lilian string with a single overhand loop on the connector.
Also recommended with this item:
Fishing Line
Monofilament Line
0.157mm / 2.03kg
0.165mm / 2.22kg
0.181mm / 2.61kg
0.202mm / 3.10kg
0.234mm / 4.05kg
0.261mm / 5.01kg
0.286mm / 5.87kg
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Never lift your catch, always play with the fish and use
Landing Net
to land it, keep your rod low, at 45 degrees or less to avoid breaking tip or top sections. Always
extend and insert
telescopic sections very gently, try do not extend them too forcibly, try to keep it off the ground to avoid dirt getting into the joints. Wipe it clean with a cloth before taking it down so you don't jam dirt into the joint, rinse pole with freshwater after using it in saltwater as soon as you can. Always remember to
take a good care of your poles
and they will work for you for a very long time and will bring you large amount of catches and a huge amount of great emotions. More great emotions - longer and healthier is your life.
allows to get you deep into the brush where large fish hide, It allows to get the live baits or spoons in hard to reach places where reel rod can't. Very
Light Weight
allows fishing all day without arm fatigue, to be able to concentrate ground baits in very small areas of water and be able to fish outside, over or above of your feed area with the utmost accuracy.
Fast Action
makes this pole perfect for casting light float rigs and uses it for fish of all sizes; It allows you to see the most delicate fish bites.
Pole Fishing is great for all water types: canals, lakes, small stillwater or streams. You can land big fish, including carp, using a pole, and the advantages in skilful bait presentation are outstanding. Pole Fishing is an art form. You cant even imagine the fun you got when gently move the pole against the fish to strike, ship the line to you, swing the fish to hand, unhook, re-bait and place pole back in the water ready for the next fish. Just once you try pole fishing, you'll ask yourself why it wasn't sooner.
The most credit for spectacularly growing popularity of pole fishing must be given to the tackle manufacturers who continue to produce cheaper, stronger, lighter poles each season. Best quality refers to Japanese equipment from Japanese materials. Design and engineering are concerned the Japanese technology is still the best in the world by far.
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Are termites and roaches in your home bugging you? Give us a call!
- Are you waging a daily battle with rodents?
- Is your property being destroyed by termites?
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NEW YORK — Who is most responsible for the Marlins' horrendous season?
The owner? The front office? The manager? The players?
R.A. Dickey's name belongs somewhere on that list.
For the fifth time in as many starts against them, the Mets' knuckleballer dominated. He became the first pitcher to win five games in a season against the Marlins after allowing two runs on six hits over eight innings in the Mets' 4-3 win Saturday.
Donovan Solano accounted for half of his team's hits off Dickey, including a ninth-inning double that prompted manager Terry Collins to summon Jon Rauch with two on and no out. Dickey, who totaled 110 pitches (78 strikes), was vying for his third consecutive complete game against the Marlins.
"I don't think there's any doubt that he's good," Marlins catcher John Buck said. "It's not like he's just had our number. He's pitched against us probably more than anybody else, but he's having a heck of a year."
A Cy Young worthy year thanks in part to his performances against the Marlins. In addition to the 5-0 record, Dickey has a 1.38 ERA, six walks and 28 strikeouts in 39 innings. Oh, and he'll face them one more time when the Mets and Marlins conclude the regular season Oct. 1-3 in South Florida.
Dickey (19-6) has taken it to just about everyone he's faced. He became the fifth pitcher in Mets' franchise history to win at least 19 games, throw 220 innings and strike out 200. Tom Seaver did it five times. Dwight Gooden did it twice and Jerry Koosman and David Cone each did it once.
"It's hard to control that kind of pitch with the wind blowing like that," manager Ozzie Guillen said. "He's a very good candidate to be a Cy Young winner and we could do nothing about it. We came back a little bit in the ninth."


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June 23, 2014
EE Conference Room
Speaker: Jose Yallouz, Department of Electrical Engineering, Technion - Israel Institute of Technology
Coping with network failures has become a major networking challenge. The concept of tunable survivability provides a quantitative measure for specifying any desired level (0%-100%) of survivability, thus offering flexibility in the routing choice. Previous works focused on implementing this concept on unicast transmissions. However, vital network information is often broadcasted via spanning trees. We therefore investigate the application of tunable survivability for efficient maintenance of spanning trees under the presence of failures. We establish efficient algorithmic schemes for optimizing the level of survivability under various QoS requirements. In addition, we derive theoretical bounds on the number of required trees for maximum survivability. Finally, through extensive simulations, we demonstrate the effectiveness of the tunable survivability concept in the construction of spanning trees. Most notably, we show that a negligible reduction in the level of survivability typically results in a major improvement in the QoS performance of the resulting spanning trees.
Based on joint work with Ori Rottenstreich and Ariel Orda (ACM SIGMETRICS'14).
Speaker Bio
Jose Yallouz is a Ph.D. student at the Department of Electrical Engineering, Technion - Israel Institute of Technology, under the supervision of Prof. Ariel Orda. His research focuses on the development of schemes for coping with computer network failures. His area of interests are survivability, reliability and fault-tolerance, routing algorithms, network-on-chip, and computer architecture.


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Now it's time to find out how to compose a proposition that will outline your Catering costs for the customers. By mapping out hoped for caterer near me prices ahead, you'll avoid the hassle of contested fees between yourself as well as your customers. This allows your customers to know exactly what kind of service to anticipate prior to the event, and in turn, enables you to sufficiently prepare. Keeping a copy of all bills helps you remain arranged for income tax purposes. The name of the customer, their business, their billing address, as well as their telephone number must be among the first things recorded on your catering invoice.
Under information, be certain to list the event date, bill number, as well as the consumer identification. Create an inventory which contains each client name with a number or lettered code assigned to each. As you add more customers, this helps you effectively maintain an eye on every. Under Customer Contact Info and Information, be certain to list the name of your company, the type of job you have accepted, payment terms, as well as a payment due date. Decide on what kind of payment you'll accept, including checks, money, and debit or credit card. The template we provide readily breaks down factors you need to chew over when setting a cost.
No event is the same, but you'll find typical cost elements that apply to most catering jobs. Ensure to chew over the cost of service at your catering event. Including the quantity of servers, busters, bartenders along with other wait staff needed. This may vary depending on what kind of service has been provided. Examples include buffet service, tray passed appetizers, take a seat service, and different other dining events. The kind of dishware you use may also affect the cost with regards to hiring dishwashers after events. You will have to determine if you'd rather invest in reusable dishes or stick with disposable dishes to save money on labor costs.
Include the complete breakdown of the menus that the client will get at their event. This may prevent disputes in pricing down the road. If you're a multi faceted catering business and manage a wide range of event types, consider making menu templates for particular events. It may be difficult to offer alcohol service at events if you've not yet purchased your license. Licensing rules vary by state, but contemplate filing for starters day permits for beer and wine. Or, partner with an institution which has an on premise license and certainly will extend the license to your catered event if you share profits with them.
This post first appeared on Buffets Meal, please read the originial post: here


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Many menu items at major food chains have shocking amounts of sugar in them, many way above the daily recommended amount. I don't eat at these places but I was surprised.I think you will be too:
McDonald's: artisan grilled chicken sandwich
Total grams of sugar: 11
Percent of recommended daily intake: 44%
Starbucks: grande non-fat, white chocolate mocha with no whipped cream
Total grams of sugar: 58
Percent of recommended daily intake: 232%
(That's without whipped cream!)
KFC: large baked beans
Total grams of sugar: 61
Percent of recommended daily intake: 244%
And if you're partaking of Jamba Juice's 16-ounce "Orange Dream Machine" smoothie on a regular basis all I can say is "Rest in peace".
More: Business Insider


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Things Women Should Know – The Basics
- Know how to put on a condom. It sounds silly, but you wouldn't believe how many friends I know that have ended up having unprotected sex because they fell for some fool's okie doke line about not knowing how to put one on. There are too many diseases out there. Learn how to do it and learn quickly.
- Know how to keep a clean house. No one wants to be around a dirty woman. Like my granny says, if a woman's house ain't clean, neither is her…
- Know how to pump gas, change a tire and read a map. No deep reason for this. It's just so when you're ready to pick up and go, you can with no worries.
- Know how to manage your time and multitask. You'll be amazed at how much you can accomplish.
- Know when to say no. I know I just said you should know how to multitask, but multitasking doesn't mean that you have to do EVERYTHING for EVERYBODY, ALL THE TIME. It's okay to say no sometimes and anyone who truly cares about you will understand.
- Know your religion or spiritual base. Understand that there is something bigger than you out there and get in touch with it. It will keep you grounded and lead you in the right and positive direction.
- Know the world outside of your neighborhood/city/state/country. The world is a big place, get to know it. Make sure you travel far and travel often. Take the time to learn about other cultures and gain a broader sense of the global community. The experiences you have abroad can change you in ways you wouldn't even imagine.
- Know who your true friends are. Not everyone in your life deserves to be there. Take inventory of who is truly looking out for your best interests and cut loose any dead weight. Life is too short to be weighed down by people who don't wish you well.
Did I miss anything? What's on your 'must know' list?


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Progressives had mixed reactions to the budget bill passed by the House Judiciary Committee late Thursday night, expressing disappointment with the lack of focus on the revenue side of the ledger. While there are few new cuts in this year's spending proposal, and a few restorations, it didn't include tax-the-rich revenue enhancers that organized labor and community activists lobbied for all session long.
"If this budget is passed as is, the wealthiest Rhode Islanders will skate by again while lower and middle-income Rhode Islanders get stuck with the bill," said George Nee, president of the AFL-CIO who took an active role with Working RI, a group that led the charge for taxing the rich.
While legislative leadership and the local media widely predicted income tax equity reform wouldn't pass this year, the fight isn't over yet. Progressive lawmakers are expected to offer an income tax amendment to the budget bill when it hits the House floor next week. Rep. Maria Cimini, a progressive Democrat from the Elmhust area of Providence, led the charge in the House this year, could be the one to offer the amendment. She's a rising star to the liberal left and an increasing thorn-in-the-side of the more moderate House leadership.
Her bill would have raised the income tax rate on those who make more than $250,000 from 5.99 percent to 9.99 percent, what the rate was before former Gov. Don Carcieri cut taxes to the rich. It also included a job creator incentive that would have lowered the proposed increase by 1 percent for every 1 percent the state' unemployment rate dropped.
But Rep. Larry Valencia, a progressive Democrat from Richmond, also could offer the amendment. He sponsored a similar bill for the second consecutive year that doesn't include the job creator incentive, which he said would make the budget more volatile.
"You can tell by the kinds of bills I've introduced that I would have preferred some changes to a more progressive tax code," Valencia said, right after voting for the bill Thursday night. While he was hoping for income tax reform, he said he was happy it included some new sales taxes and glad it didn't increase the meals and hotel tax – which would have hurt the the local tourism economy, one of the state's strongest sectors.
Rep. Scott Guthrie, a populist Democrat from Coventry, has sponsored several income tax reform bills during the past two sessions also could offer an amendment.
House leadership has communicated to progressive legislators that it doesn't want an amendment to come up on the floor. Income tax reform is expected to be used as a campaign issue this summer and fall, as voters seem to support it more than politicians. A Flemming Associates poll showed that 68 percent of Rhode Islanders support a more progressive income tax code, and many conservative legislators don't want to be put on the record as supporting tax breaks for the wealthy.


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The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and obtain injunctive relief.
The Court sought to strike a balance between the interests of implementers and consumers, on the one hand, and innovative SEP owners, on the other hand. In doing so, it tried to lay down guidelines of behaviour for both parties to follow, which make implementers immune from the threat of an injunction, and provide a safe harbour from antitrust enforcement to patentees.
The Court did recognise that SEP owners may seek and obtain injunctive relief, but only if they comply with two conditions: 1. they must alert the implementer of the infringement and 2. present a specific written offer on FRAND terms. If the implementer does not diligently respond to that offer, in accordance with recognised commercial practices in the field and in good faith, then injunctions can be sought and issued.
While this ruling provides useful guidelines to SEP owners and implementers alike, it leaves some essential questions unanswered: – When does ownership of an SEP confer a dominant position in the first place? How much is a FRAND rate and how should it be calculated? – and raises additional issues of its own.
It is therefore to be feared that the Court's ruling will not at all put an end to the wave of SEP litigation.
There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated SEPs in the European Union. Whilst courts in the UK have yet to award an injunction on an SEP (and are seen as highly unlikely to do so), the courts in the Netherlands and France have issued injunctions more readily.
In Germany, meanwhile, the courts have applied the Orange Book Standard framework1 meaning that a FRAND defence can only defeat a claim for an injunction if an
unconditional and binding offer to enter into a licence
as competition enforcement authority. In particular, when Samsung and Motorola brought patent infringement cases in Europe on the basis of their respective SEPs against Apple, the Commission opened formal antitrust investigations against these two companies issuing Statements of Objections. These culminated in an Article 7 Prohibition decision against Motorola and an Article 9 Commitment decision in respect of Samsung on the 29 April 2014. The Commission has now published both of these
agreement is made to the patent owner, on terms which
could not be refused by the patent owner without being
unfair or discriminatory. Notably, these terms require the implementer to waive its right to challenge both the validity and the actual standard-essentiality of the patent. They also put the burden on the implementer to state an at- least FRAND royalty rate2 and require the implementer to behave as a licensee, by rendering accounts and either paying royalties to the patentee or at least placing the corresponding amounts in escrow.
This diverging litigation landscape encourages forum shopping and has arguably helped escalate the patent wars taking place in the telecoms sector, prompting the European Commission to intervene in the debate in its role
- Developed by the German courts, in the Orange Book decision of the Federal Court of Justice of 6 May 2009 (file no. KZR 39/06, GRUR 2009, 694) and its progeny. Subsequent to the Orange Book decision, the German courts, which hear a large portion of European SEP infringement cases, have consistently applied the conceptual framework defined in that decision.
- Although that hurdle may be circumvented (according to subsequent case law) by leaving the determination of the FRAND rate to the courts.
http://ec.europa.eu/competition/antitrust/cases/dec_docs/39985/399 85_928_16.pdf and http://ec.europa.eu/competition/antitrust/cases/dec_docs/39939/399 39_1501_5.pdf
It is clear from the Motorola and Samsung decisions that the Commission recognises that seeking injunctions is generally a legitimate remedy against a patent infringer.4 However, it considers that the context is different where injunctions are sought and enforced on the basis of SEPs for which voluntary commitments to license on FRAND terms have been made during the standard-setting process. In the Motorola case, Motorola was found to be dominant
on the relevant market (the market for the licensing of the technologies, as specified in the GPRS standard technical specifications, onto which Motorola's patent read) and had given a commitment to be prepared to license the relevant SEP on FRAND terms. Meanwhile the potential licensee, Apple, was considered to have been willing to enter into a licence agreement on FRAND terms and to pay FRAND compensation (a
"willing licensee"). The Commission therefore found that there was no need, or justification, for Motorola's seeking of an injunction to protect its commercial interests, finding that Motorola had abused its dominant position and was in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU). Exceptionally, however, the Commission decided not to impose a fine on Motorola in view of the fact that there was "no case-law by the European Union Courts dealing with the legality under Article 102 TFEU of SEP-based injunctions and that national courts have so far reached diverging conclusions on this question".
Similarly, the Commission's preliminary conclusion in the Samsung case was that Samsung's seeking of injunctions against Apple on the basis of its 3G UMTS SEPs (in particular in light of the Commission's view that Apple was willing to obtain a licence over the patents on FRAND terms) constituted an abuse of a dominant position and hence a breach of Article 102 TFEU. As a result, the Commission accepted binding commitments from Samsung, including a commitment not to seek injunctive relief in the EEA in relation to any of its present and future SEPs for mobile devices for a period of five years, against
any potential licensee that agrees to accept a particular licensing framework for the determination of FRAND terms and conditions.5
The Commission claims that these decisions "strike the right balance between the interests of patent holders, who should be fairly remunerated for the use of their intellectual property, and those of the implementers of standards, who should get access to the standardised technology without being "held up" through abuses of market power".6
- "A patent holder, including holder of SEPs, is generally entitled to seek and enforce injunctions as part of the exercise of its IP rights. The seeking and enforcement of injunctions cannot therefore, in itself, constitute an abuse of a dominant position", Motorola Prohibition Decision (Art. 102 Ex 82), published on the website on 09/07/2014, paragraph 278.
- The licensing framework consists of a negotiation period of up to 12 months, and if the negotiation fails, third party determination of FRAND terms by either a court or arbitration.
- Vice-President of the European Commission responsible for Competition policy, Joaquin Almunia, April 2014.
The contrast between the German Orange Book practice – under which a defendant can only resist the issuance of an injunction under fairly stringent conditions – and the Commission's view – according to which the mere seeking of an injunction from a court constitutes an abuse in many circumstances – is therefore striking.
That is the contradiction which the Landgericht Düsseldorf sought to resolve by referring five preliminary questions to the CJEU.7 The referral decision arose in an action brought by Huawei against ZTE for infringement of its European patent 'essential' to the Long Term Evolution (LTE) standard, developed by the European Telecommunications Standards Institute (ETSI). Huawei's patent was notified to ETSI and consequently Huawei committed to being to grant licences to third parties on FRAND terms. Following a period of unsuccessful negotiation, Huawei sought an
injunction prohibiting the continuation of ZTE's infringement, which was challenged by ZTE as an abuse of a dominant position. The case came to trial after the Commission had issued its Statement of Objections to Samsung over its pursuit of SEP-based injunctions against Apple.8
As a result, the Landgericht Düsseldorf saw a need for clarification in order to ensure consistency between its own decisions under the stringent German Orange Book Standard framework, and the Commission's press release at the time of issuance of the Statement of Objections. It therefore referred five questions to the CJEU, the wording of which closely mirrored the requirements of the Orange Book framework.
The referral questions were as follows:
- Does the proprietor of a standard-essential patent who informs a standardisation body that he is willing to grant any third party a licence on fair, reasonable and non-discriminatory terms abuse his dominant market position if he brings an action for an injunction against a patent infringer although the infringer has declared that he is willing to negotiate concerning such a licence?
is an abuse of the dominant market position to be presumed only where the infringer has submitted to the proprietor of a standard-essential patent an acceptable, unconditional offer to conclude a licensing agreement which the patentee cannot refuse without unfairly impeding the infringer or breaching the prohibition of discrimination, and the infringer fulfils his contractual obligations for acts of use already performed in anticipation of the licence to be granted?
- If abuse of a dominant market position is already to be presumed as a consequence of the infringer's willingness to negotiate: Does Article 102 TFEU lay down particular qualitative and/or time requirements in relation to the willingness to negotiate? In particular, can willingness to negotiate be presumed where the
- If the submission of an acceptable, unconditional offer to conclude a licensing agreement is a prerequisite for abuse of a dominant market position: Does Article 102 TFEU lay down particular qualitative and/or time requirements in relation to that offer? Must the offer contain all the provisions which are normally included in licensing agreements in the field of technology in question? In particular, may the offer be made subject to the condition that the standard-essential patent is actually used and/or is shown to be valid?
- If the fulfilment of the infringer's obligations arising from the licence that is to be granted is a prerequisite for the abuse of a dominant market position: Does Article 102 TFEU lay down particular requirements with regard to those acts of fulfilment? Is the infringer particularly required to render an account for past acts of use and/or to pay royalties? May an obligation to pay royalties be discharged, if necessary, by depositing a security?
- Do the conditions under which the abuse of a dominant position by the proprietor of a standard- essential patent is to be presumed apply also to an action on the ground of other claims (for rendering of accounts, recall of products, damages) arising from a patent infringement?
patent infringer has merely stated (orally) in a general way that that he is prepared to enter into negotiations,
or must the infringer already have entered into negotiations by, for example, submitting specific conditions upon which he is prepared to conclude a licensing agreement?
- Order dated 21 March 2013 (file no. 4b O 104/12, GRUR-RR, 196
– LTE-Standard)
The Court's ruling
After Advocate General Wathelet issued his opinion on 20 November 2014, the Court took time to carefully consider the issues. It has now handed down its ruling in a decision of 16 July 2015.
The Court started with a reminder of the principles resulting from its case-law concerning the exercise of IP
that "the exercise of an exclusive right related to an intellectual property right … , even if it is the act of an undertaking holding a dominant position, cannot in itself constitute an abuse of a dominant position" 9 The Court added that such an exercise "may, in exceptional circumstances, involve abusive conduct for the
rights by undertakings in a dominant position. It recalled
purposes of Article 102 TFEU".
Importantly, in the Court's view, the situation of SEPs is different from those considered in previous cases, first because SEPs are "indispensable to all competitors which envisage manufacturing products that comply with the standard" and second because, under the procedures of standard-setting organisations, "the patent at issue obtained SEP status only in return for the proprietor's irrevocable undertaking … that it is prepared to grant licences on FRAND terms".11 Because of this, the Court felt that, "a refusal by the proprietor of the SEP to grant a licence on [FRAND] terms may, in principle, constitute an abuse within the meaning of Article 102 TFEU", which "may be raised in defence to actions for a prohibitory injunction or for the recall of products".12
On the basis of this premise, the Court designed a process to be followed by SEP owners – and indeed implementers – before seeking injunctive relief. The first step of that process is for the SEP owner to "alert the alleged infringer of the infringement". Importantly, this must be done "by designating that SEP and specifying the way in which it has been infringed".13
The second step is for the SEP owner "to present to that alleged infringer a specific, written offer for a licence on FRAND terms (…) specifying, in particular, the amount of the royalty and the way in which that royalty is to be calculated".14 According to the Court, the patent owner is best placed to determine the content of a FRAND offer, insofar as the requirement for non-discrimination is concerned. This places the onus of making the offer on the patent owner, rather than the prospective licensee, a departure from the German Orange Book practice.
After the offer has been formulated, according to the Court "it is for the alleged infringer diligently to respond to that offer, in accordance with recognised commercial practices in the field and in good faith", without any "delaying tactics". This response could obviously take the form of an acceptance of the SEP owner's offer. If not, "the alleged infringer (…) may rely on the abusive nature of an action for a prohibitory injunction or for the recall of products only if it has submitted to the proprietor of the SEP in question, promptly and in writing, a specific counter-offer that corresponds to FRAND terms".15
The Court also addresses the question of the parties' respective obligations until they are able reach an
agreement on FRAND terms. Importantly, the Court in this respect obliges "the alleged infringer, from the point at which its counter-offer is rejected, to provide appropriate security" and to also "be able to render an account in respect of [past] acts of use".16 In this respect, the Court appears to have upheld one aspect of the German Orange Book practice. The Court further underlines that, when no agreement on FRAND terms is found, "the parties may, by common agreement,
request that the amount of the royalty be determined by an independent third party, by decision without delay". Finally, the Court rules that "an alleged infringer cannot be criticised either for challenging, in parallel to the negotiations relating to the grant of licences, the validity of those patents and/or the essential nature of those patents to the standard in which they are included and/or their actual use, or for reserving the right to do so in the future".
Recapitulating the thrust of its ruling, the Court held that:
"The proprietor of an SEP, which has given an irrevocable undertaking to a standardisation body to grant a licence to third parties on FRAND terms, does not abuse its dominant position, within the meaning of Article 102 TFEU, by bringing an action for infringement seeking an injunction prohibiting the infringement of its patent or seeking the recall of products for the manufacture of which that patent has been used, as long as:
- prior to bringing that action, the proprietor has, first, alerted the alleged infringer of the infringement complained about by designating that patent and specifying the way in which it has been infringed, and, secondly, after the alleged infringer has expressed its willingness to conclude a licensing agreement on FRAND terms, presented to that infringer a specific, written offer for a licence on such terms, specifying, in particular, the royalty and the way in which it is to be calculated, and
- where the alleged infringer continues to use the patent in question, the alleged infringer has not diligently responded to that offer, in accordance with recognised commercial practices in the field and in good faith, this being a matter which must be established on
the basis of objective factors and which implies, in particular, that there are no delaying tactics."
The Court separately responded to the question concerning court actions by SEP owners seeking monetary damages, rather than injunctive relief. In that respect, the Court held that there cannot be an abuse of a dominant position because actions for damages, unlike actions for injunctions, are not "liable to prevent products complying with the standard in question manufactured by competitors from appearing or remaining on the market".
9 § 46
10 § 47
11 §§ 49 and 51
12 §§ 53-54
13 § 61
14 § 63
15 § 65-66
16 § 67
The court has explicitly tried to find a middle path, to "strike a balance between maintaining free competition (…) and the requirement to safeguard that proprietor's
intellectual-property rights and its right to effective judicial protection". In doing so, it has attempted to lay down guidelines that provide a safe harbour to both implementers and SEP owners: by following them, implementers are immune from the threat of injunctions, while SEP owners need not fear antitrust enforcement.
However, beyond the fact that – as underlined by the Court itself – the application of these guidelines to specific cases will require fact-intensive enquiries (e.g., to determine the content of "recognised commercial practices in the field and in good faith"), the principles laid down by the Court raise some additional questions. The Court has also voluntarily left other issues entirely unresolved. These will no doubt remain the subject of future litigation.
According to the Court, before seeking an injunction, an SEP owner must make "a specific, written offer for a licence on FRAND terms". There had been extensive debate in the legal community on whether it is realistic to ask the patentee to enter into a negotiation with what is essentially his final price; some argue that requiring a patentee do act so would be contrary to common commercial practice. The Court did not necessarily take a position on this topic: what it said, however, is that before being able to seek an injunction, the patentee must have presented an offer that is FRAND, "in accordance with the undertaking given to the standardisation body". Whether this would remain the case in the face of an implementer
who plainly refuses to negotiate, or does so in clear bad faith, remains to be tested.
After the patentee's offer has been issued, the Court considers that the implementer still has two choices: either accepting it, or promptly submitting a counter- offer that corresponds to FRAND terms. It is not entirely clear from the Court's ruling whether this second option is also available to the implementer in situations where the patent owner's initial offer was itself FRAND-compliant; in particular, would refusing a FRAND-compliant offer still be "in accordance with recognised commercial practices in the field and in
good faith", as the Court requires implementers to behave?
This question is of crucial importance, as it determines whether the implementer or SEP owner is able to tailor the ambit and principles of the licence. It is accepted that a FRAND-compliant licence can be limited to a single patent and to a single country, or can be a worldwide FRAND- compliant licence for an entire portfolio of SEPs relating to a single standard. The implementer and patentee will often have divergent interests as far as the determination of the scope of the licence is concerned. Whether the implementer
can impose his terms – by being able to defeat a claim for injunction through a counter-offer to an offer that was itself FRAND – or whether that will be the patentee's latitude – if the implementer is obliged to accept an offer that is FRAND-compliant – will certainly be litigated in future cases.
It was common ground between the parties to the Huawei
v. ZTE case that Huawei was, by virtue of its ownership of LTE-essential patents, in a dominant position. The Court took care to specifically point to this twice in its ruling, thus concluding that it was bound to confine its analysis to the existence of an abuse.17
And indeed, the existence of such a dominant position is, within the framework of analysis currently used – Article 102 of the TFEU – the pre-condition to the application of the set of rules resulting from that position. In that respect, the relevant market has been defined as the market for the technology at stake (i.e., in this case, the LTE technology market) rather than the market of the products concerned (i.e., in this case, LTE-compatible products). The theory is, that through the ownership of a single patent essential to a standard, the owner of that patent can act as a "gatekeeper" to the standard – irrespective of the existence of other SEPs
– and is therefore ipso facto in a dominant position.18
However, there has been some expression of discomfort with the idea that the ownership of a single SEP would automatically place its owner in a dominant position.
Critics remind that, under the consistent doctrine of the
that does not prevent the product from being standard- compatible, or the feature may be optional within the standard. The standard at stake – or the functionality concerned within the standard – may in fact not be market-essential, in the sense that undertakings could compete on the product market without implementing the patented functionality, such that the SEP owner could not act as a "gatekeeper". Furthermore, insofar as SEP owners are themselves implementers of the standard, they would also depend on other SEP owners, with the result that none of them could "behave independently of its competitors". In the end, instead of a hard-and-fast rule, critics call for a case-by-case appreciation of whether the ownership of a particular SEP (or portfolio of SEPs) indeed confers a dominant position on their owners.
Those theories appear to have gained some traction in recent litigation: in a recent decision, the Landgericht Düsseldorf – the very Court which referred the Huawei
v. ZTE case to the CJEU – decided to proceed with an SEP infringement case despite the defendant's request to stay the action pending the CJEU's ruling in Huawei
CJEU since the 1979 Hoffmann La Roche decision19, an
v. ZTE.
The Court indeed found that the specific
undertaking is in a dominant position when it has "the power to behave to an appreciable extent independently of its competitors, its customers and ultimately of the consumers". Now, critics say, SEPs (or declared-essential patents) do not automatically place their owners in a position to act in this way, for a number of reasons. The patented feature may in fact be designed around in a way
standard at stake – near field communication on SIM –
was not market-essential, as other types of near-field communication could be implemented without preventing access to the product market. Because of that factual finding, the Court considered that the outcome of the Huawei v. ZTE referral was irrelevant to the case before it, as the SEP-owning claimant was not in a dominant position at all.
Because the CJEU could not provide guidance on this question due to the parties' submissions in the dispute before it, the way in which market dominance will be assessed in SEP infringement cases remains to be determined.
17 §§ 28 and 42
- "SEPs are patents essential to implement a specific industry standard. It is not possible to manufacture products that comply with a certain
standard without accessing these patents. This may give companies owning SEPs significant market power" (EU Commission Press Release, 29 April 2014 http://europa.eu/rapid/press-release_IP-14- 490_en.htm )
- 13 February 1979, Hoffmann La Roche, C 85/76
- Landgericht Düsseldorf, 26 March 2015, France Brevets v. HTC, file number 4bO140/13
Of course, parties generally do not end up litigating because of questions relating to the negotiation process. Rather, they litigate because they are unable to find an agreement on the amount of the FRAND royalty rate.
Many different theories are being proposed in this respect, with at least as many critics of those theories. Fundamental issues have not been resolved, such as the appropriateness of methods based on (sometimes refined) patent counting, the relevance of the royalty stacking issue, the determination of the appropriate royalty basis (final product sold to the consumer or "smallest sellable unit"). None of these questions were put before the Court and it
courts and arbitrators are best-placed to set FRAND rates if parties cannot agree them.21
It is noteworthy that both the Commission in the Samsung and Motorola cases, and the CJEU in this case, have thus focussed on the process of resolving FRAND disputes. None of them, however, addressed the fundamental underlying issue of the way in which a FRAND rate should be calculated, the methodology that should be employed and the factors that are or are not relevant to the calculation. Until those questions have been clarified, it is to be feared that FRAND disputes will continue to flourish.
did not provide any guidance in this respect. Instead, it
invited parties to submit that issue to an "independent third
party" to the extent that they cannot agree on the rate. This was also the Commission's position, which believes that


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Prineet Tung MD
A board certified internist, Dr. Tung joined Thunderbird Internal Medicine in 2015. She brings years of internal medicine experience from both a group practice and an outpatient Veterans Affairs outpatient clinic where she helped patients manage acute and chronic conditions.
Dr. Tung earned her medical degree at Patna Medical College in India before completing her internal medicine residency at Banner Good Samaritan Medical Center. She likes to spend her free time with her boys and enjoys hiking, traveling and reading.
"Believing in the mantra of prevention is better than cure, it has become my priority to do whatever it takes to address each issue and enhance every patient's quality of life."
Office Locations:
Currently Accepting New Patients? Yes


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It seems that we human beings cannot live without breaking the time stream down into discrete chunks. Maybe it's because of the repetition of night and day over twenty-four hours, or the repetition of four seasons over 365 days. As a species, we are indubitably temporal – our existence made up of repetitive cycles.
Each new year is a new beginning. It is a time to renew oneself, as one looks at the dying year and the newborn year at the same time, Janus-like. The past is dead, dying in small bits even as I type this – and the new year is already 8 days old. Here I sit in front of the computer, blaming myself for things still left undone, and promising to do better this year – yes, the old business of New Year Resolutions. Thankfully, I have stopped making them publicly.
Looking back, the past year has not been that bad on the intellectual front. I completed one hundred blog posts – though most of them were embellished book reviews which I had already posted on Goodreads – and have established my presence here on the blogosphere to a certain extent. I managed to read a hundred books. I wrote a play and submitted it for a local competition (it did not win anything) and I have started work on a novel, which I hope, will not die a premature death.
In 2016, these are the resolutions I have made to myself:
- Read more Malayalam books.
- Read more on mythology and explore its intimate connection to the human psyche and creativity.
- Read some classics (both fiction and non-fiction) which have been on my list for quite a time.
- Write regularly.
Knowing myself, it's quite likely that these resolutions may be honoured more in the breach than in observance. However, it's always advisable to set targets so that one will have something to strive for.
Belated Happy New Year to all my friends!


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Posting ID : A1068538565
Date Posted : 2015-08-19
Category : Real Estate By Owner
Selling a fixer upper in Temple.
The home is a large 4 bedroom 2 bath home, with lots of updates in home. The home does need some work, but its a great opportunity for the right family.
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You can't beat this deal.. We have a great 4 bedroom 2 bath; 2000sqft home
Good location in safe neighborhood
Make this your new home.. Email and send a phone # to contact you with more information on this Amazing deal!!
We will consider owner financing with $10k - $20k down payment, offered at $85,000


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An ordinance preempting the state's authority in oil and gas development through sanctioning of civil disobedience and non-violent protests will go in front of Lafayette's City Council for a vote later this month.
Drafted by the anti-fracking group East Boulder County United, the "Climate Bill of Rights and Protections" ordinance marks the latest call by Lafayette to denounce fracking regulations in favor of local self-governance.
"We have been left with no alternative," Councilwoman Merrily Mazza said. "We gave up hope that the state and federal environmental agencies would protect us, or that the courts would put the rights of real people over the rights of the corporate person.
"We gave up hope that those who actually govern care about what happens to the people and the natural environment of our community."
The provision to legalize non-violent direct action protests — such acts can include sit-ins, strikes, workplace occupations or blockades — would target drilling activity and allow protesters unprecedented immunity from arrest or detainment.
A similar bill passed last year in Grant Township, Penn., the country's first and only case, offers Lafayette leaders the sole successful legal precedent.
The ordinance adopted in Grant Township allows non-residents who join direct action protests protection under the measure as well, Grant Township Supervisor Stacy Long said Thursday. Despite the town's landmark ruling last summer, the decision has yet to be tested in court.
"In terms of success," Long said, "we haven't had to use that direct action yet, but we're prepared."
As for Lafayette, Mazza said it's time for council to step in.
"Now, we have to do what people in communities historically do when they come to grips with the failure of their own governments to help them," Mazza said. "They have to revoke their consent to be governed and take steps to govern themselves; and that's what we're doing with this ordinance."
The bill's far-reaching implications would almost immediately strain the limits placed on the city's home rule authority, however.
"The question that arises is whether it's of local concern or of statewide concern," City Attorney David Williamson said Thursday. "Matters of oil and gas development are of statewide concern. I think there's a lot of vagueness in those terms and that gives rise to problems."
Williams said that most, if not all, of the bill's language would most likely be "unenforceable" and in violation of the constitution and charter.
Attempts to subvert state regulatory interests with oil and gas development in recent years have tied Boulder County cities into long and expensive litigation.
In late 2013, 60 percent of Lafayette voters voted yes for a home-rule charter amendment to establish a Community Bill of Rights that, among other things, banned fracking and other underground extraction.
The Colorado Oil and Gas Association, or COGA, sued the town to overturn the measure a month later, prompting a class-action suit seven months later by Anna Griffen and Cliff Willmeng, of East Boulder County United.
A Boulder District Court judge tossed out the charter amendment just months following the vote.
More recently, the Colorado Supreme Court struck down Longmont's voter-approved fracking ban last summer, ruling that the local prohibition interferes with state regulations and the state's interest in oil and gas development.
Efforts to ward off the encroaching wells along Boulder County's outskirts have seen an uptick over the last few years; calls from residents to extend fracking moratoriums and stunt development growing louder as nearly 2000 possible oil and gas wells dot the county.
"A lot of the civil rights victories in our country were really unprecedented," Gustavo Reyna, Lafayette mayor pro-tem, said. "I realize this is unprecedented. The question of whether we have an unalienable right to air, water and health, is perhaps an unprecedented and unchallenged concept, but the principle is there.
"At some point, we the people have to say this is unjust and we won't stand for it any longer," he said.
Representatives from COGA were not available for comment Thursday.
Anthony Hahn: 303-473-1422, email@example.com or twitter.com/_anthonyhahn


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Temple Freda Restoration: One Step Closer to Reality
As first reported in last November's newsletter, there is an ongoing push to restore Temple Freda, Bryan's first Jewish synagogue and one of only three in the world named for a woman. Unfortunately, the process ground to a halt for some months; the last work done on the structure consisted of removing the endangered stained glass windows and boarding up the openings to protect the interior. Those windows currently reside at Foster Stained Glass waiting to be restored.
Twice over the past couple months Randy Hilliard, our Events Chair, and I met with The Friends of Temple Freda, the citizen group heading up the push to restore the synagogue. Brazos Heritage Society has been asked to partner with them, as we are a registered 501(c)(3) non-profit. As such, we can receive and hold donations for the project, as well as assist in applying for grants and other funding. Not only do we bring 30 years of historic preservation experience to the project, but also we offer an established organization that can serve as an anchor point for the process.
We typically meet at Arkitex Studio in downtown Bryan, the architectural firm involved in the project. The Friends group consists of Dr. William Bassichis (Temple Freda's caretaker for over 30 years), Stephanie Sale (local artist), College Station Mayor Nancy Berry, Eva Read-Warden (Arkitex Studio) and her husband Robert Warden (Professor of Architecture at Texas A&M), Judge Tom McDonald, Randy Haynes and Lindsey Guindi with the City of Bryan, Nan Ross (Head Librarian for the Carnegie Library), Sylvia Grider (Retired Professor of Anthropology,
Texas A&M University), and Lewis Ford (a physics professor at Texas A&M University).
We've spent significant time exploring what needs to happen overall, as well as determining what specifically needs to occur first in order to make this restoration a reality. The final consensus was to start with a comprehensive structural engineering report, provided by Sparks Engineering. This report will detail the issues with the structure and provide a solid sense of the problems that need to be addressed.
This initial structural engineering report costs $2,500. Fundraising is underway, primarily via donations from members The Friends of Temple Freda.
However, we are always open to assistance from interested members and supporters of the Brazos Heritage Society. As soon as the $2,500 is raised, Sparks Engineering will be authorized to start the report process. To date, we've raised a little over $1,750.
While we do not yet have hard numbers on overall project cost, we're honestly estimating approximately $1 million to restore Temple Freda to her former glory. Obviously, this is not a cheap undertaking. However, this beautiful structure is not only worthy of saving in its own right for its historical value, it also adds to the continuing beautification of downtown Bryan, further enhancing the area and increasing public usage. When the restoration is complete, the City of Bryan plans to utilize the venue for community events and appropriate private gatherings.
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Reproductions from the State Fine Art Collection
Alice Merrill Horne's vision 108 years ago helped create the nation's first state arts agency, the Utah Art Institute – now Utah Arts & Museums. An artist and arts patron, Alice Merrill Horne, along with fellow artist George Ottinger, drafted the "Art Bill" in 1899, which passed unanimously in the State Senate and the House. This bill called for the establishment of a state collection of visual art. The collection became known as the "Alice Art Collection" in her honor. Collecting Utah art has continued since that time and is now known as the State Fine Art Collection.
The Utah Art Institute purchased a series of paintings to become the first works of art for the "Alice Art Collection". From these early purchases, the Traveling Exhibits Program has chosen twenty-six paintings for this exhibit. The historical significance of these early paintings tells the story of the early Utah pioneers, the era in which they lived, and the places and people they knew. It is a heritage that Utah Arts & Museums is proud to share with the people of Utah. The acquisition of works of art by Utah artists continues today, increasing the value and importance of the State Fine Art Collection.
The pieces displayed in this exhibit are giclee reproductions of the original paintings. Images are generated from high resolution digital scans and printed onto canvas using professional color ink-jet printers. The giclee printing process provides better color accuracy than other means of reproduction and can be adjusted to almost any size of canvas. This process of high-quality reproduction provides the opportunity to exhibit images from the State Fine Art Collection without risk of damage or loss of the priceless historical originals.
- Press release for your school or institution to distribute
- View the artworks in the exhibit
- Educational Materials
- View the Early Utah Masterpieces book
- "Why Teach Art?"
- "Looking at Art"
- Lesson Plans
- Gallery Hunt (Older Audience)
- Gallery Hunt (Younger Audience)
2016-2017 Traveling Schedule
Early Light Academy, South Jordan, September 29 – October 27
Gallery East, USU Price, November 7 – December 19
Park City Public Library, January 30 – March 20, 2017


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HOLLYWOOD, Alabama - A drop in demand for electricity has delayed plans for bringing Bellefonte Nuclear Plant on line.
U.S. Senator Jeff Sessions said Thursday he understands why reduced demand for electricity has slowed work on the TVA nuclear plant near Scottsboro, but he needed to know if the loss of jobs from the delay is necessary.
"I'd like to know what that means," he said, before heading into a meeting with Tennessee Valley Authority CEO Bill Johnson. "The local community feels these job losses."
Sessions added that getting Bellefonte into production is vital to America's need for clean energy, as well as providing affordable energy to rate payers.
Completing work on Bellefonte, which began in 1974, also is important because billions have been invested in it already and its "almost" ready, he said.
The Tennessee Valley Authority announced in June that it will slow down work at Bellefonte, cut about 400 jobs and reassess the need for the plant's completion. In addition, the budget for Bellefonte will be reduced from approximately $182 million in fiscal 2013 to $66 million in fiscal 2014.
Onsite staffing in May consisted of 60 TVA workers and 480 contractors. As of August 6, that had been reduced to 19 TVA personnel and 257 contractors. By Oct. 1, there should be about 20 TVA workers, and 140 contractors.
TVA spokesman Mike Bradley said the majority of TVA employees at Bellefonte will remain at the facility, transfer to Watts Bar 2 or elsewhere in the company, or retire.
Johnson said the forecast for electrical demand was clearly wrong, and that plans to have Bellefonte's 1,260 megawatt reactor producing power by 2020 had to be re-evaluated. The reduction in power also delayed the start-up of the reactor at Watt Bar 2 reactor, he added.
Two years ago, Watt Bar 2 was expected to be operating by the end of 2013. That operating date is now sometime in late 2015.
"The demand for power has decreased significantly," Johnson said. "We don't see demand levels returning to pre-2007 levels until after 2020."
Bradley listed four factors for delaying Bellefonte work: A mild winter, sluggish economy and more energy efficient consumers meant lower demand for energy, and declining natural gas prices made it a more affordable power source, thus causing less pressure to produce nuclear energy.
Similarly, significant increased production of hydroelectric power from TVA dams has lowered the need to generate electricity in other ways, Bradley said.
Rainfall is well above average this summer, and as a result hydroelectric power is up 40 percent over average production.In addition, lessons learned from Watts Bar 2 have forced TVA to re-assess cost estimates for completing Bellefonte, Bradley said, and the initial estimate of $4.9 million will increase. TVA is in the midst of recalculating the estimate to finish Bellefonte, he said.
Work on the Bellefonte began in 1974, but that effort was halted in the late 1980s. Bellefonte was later a candidate to become a coal plant. It then became a $500 million write-off for TVA, and some of its parts were stripped for other TVA reactors. TVA had spent an estimated $4.5 billion over the years on the project.
Updated at 8:21 a.m. to reflect that the increase in hydroelectric power production did not play into the decision to delay the project at Bellefonte.