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Some say it's learned behavior; others believe it's genetic. But if "procrastination" is your middle name; your father's anger issues seem to be rubbing off on you and your siblings; or, like your mom, you've found yourself stumbling all over the place after too many spirits, you might be experiencing the ills of a negative family cycle, through which detrimental behavioral and/or psychological patterns are passed down intergenerationally.
Take the case of Paul Lamar Hunter. As a child growing up in Racine, Wis., he recalls how education not only wasn't promoted, it was vehemently discouraged in his household. "I always heard something dispiriting. But I didn't accept that I would never accomplish anything," says the Austin, Texas, resident. "I would say, 'I am going to be the first child in this family to graduate from college.' The comments I heard in my youth really provoked my spirit to succeed in life."
Unfortunately, actions aligned with what Hunter says his relatives believed, because as the 19th of his mother's 21 children, not one of his elder siblings graduated from college. But despite what his family seemed to illustrate, Hunter made up his mind that neither limits nor lineage would prevent him from obtaining a higher education. And in 2012, at the age of 42, he earned a bachelor's degree in business administration from Upper Iowa University. "I am the first one of 21 natural children, 63 grandchildren and 61 great-grandchildren to graduate from college," he states. "I have to give God credit for bringing good people into this world such as T.D. Jakes, Joyce Meyer and Joel Osteen. I listened to some of their sermons and read their books, which tremendously helped me overcome obstacles, including being in a family that was against education."


Beginning Google Glass Development is your number one resource for learning how to develop for Google Glass - the paradigm-shifting mobile computing platform taking the world by storm now and for years to come. Mobile developers have always had to think for the future, and right now that means getting started with Google Glass.
You will also learn how to develop enterprise and web-based Glass apps using the Mirror API. Each topic is full of examples that illustrate what Glass can truly do and help you quickly start developing your own apps.
Jeff Tang has successfully developed mobile, web, and enterprise apps on many platforms, and cares immensely about user experience. He brings his vast knowledge to this book through cool and practical examples, which will excite and tantalize your creativity.


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New NASA discovery brings us closer to the quantum Internet
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Opinion: Tsunami of hypocrisy in the US: The lives that 'matter' and solidarity 'fake'
By Puja Molpariya
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Puja Molpariya
The United States is experiencing a brutal wave of unrest following the death of black citizen George Floyd by the hands of white cop Derek Chauvin. Justice will be responsible for clarifying what happened in a case that has gone around the world and that has left shocking images, both of the last moments of Floyd's life and of cities and more cities devastated by hordes of unpunished looters.
Be that as it may, we must analyze the reaction that this tragic incident is causing, both in the United States and in the rest of the world, shaken by a tsunami of hypocrisy as unheard of as it is outrageous.
If black lives mattered so much to all those who now tear their histrionics' clothes and shed tears from alligator addicted to social networks, they would take decades taking over the streets, as the levels of violence in numerous African-American communities are impressive. Suffice it to note that they are the scene of more than half of the murders registered in the United States when blacks are only 13% of the population of the country of Donald Trump and Barack Obama.
The problem is that this violence is not exercised by evil white supremacist police officers, but mostly by blacks themselves, authors according to statistics of 95% of these crimes that victimize other blacks. 95%! You have to be very miserable to value lives only depending on who ends them, but this is today a not inconsiderable part of the left and its fools – stupid, rather – useful.
No society is perfect, but presenting the United States of the 21st century as a country sick with hatred of blacks is infamous and ridiculous. It is a country that has just had a black president for eight years. That it has governors, congressmen, mayors, judges, prosecutors, generals, police chiefs; great black businessmen, sports, music, communication and entertainment stars. Can that society really be accused of racism? And from what other society? From the European ones? It must be a grotesque joke. As for the spectacle that countries such as China, Russia or Iran are giving, whose liberticidal rulers and means of intoxication are turning into vicious criticism of the situation of the black community in the United States, it is especially repulsive.
Here and there, the Tartufo exhibited on account of George Floyd's death are being portrayed for what they are, a bunch of self-centred people who boast exactly what they lack. They are not the best of each house and society, precisely. But examples to avoid, because they corrupt and prostitute even the best causes.
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redpajama_set_name: RedPajamaCommonCrawl


text:
McColl Center (formerly McColl Center for Art + Innovation) is an artist residency and contemporary art space located at 721 North Tryon Street in Charlotte, North Carolina.
Residencies last from two months to eleven months and are available to visual artists as well as creative people in other disciplines. The mission of McColl Center is to encourage collaboration and interaction between artists and the community at large in an immersive atmosphere.

McColl Center is a 501(c)(3) organization.

Art space
Opened in 1999, McColl Center contains nine individual artist studios, a large scale sculpture facility, many common-use areas, and more than 5,000 square feet of exhibition space. In addition to studio space, McColl Center provides tools and materials for fiber arts, jewelry making, metal fabrication, printmaking, sculpture, painting, photography, ceramics, digital media and woodworking.

The galleries are open on Fridays, Saturdays, and Sundays. Admission is free. Numerous public events include residency openings, exhibitions, and other events for the community and artists to engage.

History
The building housing McColl Center was originally a Presbyterian Church built in 1926. The historic, brick and stone neo-Gothic structure was an active church until 1950 when the church's membership was dissolved. The building stood empty for many years until November 14, 1984, when an accidental fire gutted the interior, leaving only an empty shell. In 1995, Bank of America bought the property with the intention of establishing an artist residency. The bank, with the help of Charlotte's Arts & Science Council, redesigned and rebuilt the interior as a place for artists to live and work. The renovated structure was designed by FMK Architects and was built by Rodgers Builders.  It opened on September 16, 1999, as the Tryon Center for Visual Art. Hugh McColl, Jr., former CEO of Bank of America, was the primary patron and in 2001, to honor him, the name was changed to McColl Center for Visual Art. A third name change occurred in 2014 when it became McColl Center for Art + Innovation. In 2021, the organization announced a renewed direction to put artists first and a new visual identity under the name McColl Center.

Alumni artists-in-residence
The McColl Center has served as a working space and studio for over 400 artists including:

 Opal Palmer Adisa
 Deborah Aschheim
 Xenobia Bailey
 Joan Bankemper
 Endia Beal
 Sharif Bey
 Ambreen Butt
 Margarita Cabrera
 Rob Carter
 Nick Cave
 Mel Chin
 Andrea Chung
 Sonya Clark
 Joël Mpah Dooh
 Javier de Frutos
 Carlos Estévez
 Fallen Fruit
 Bill Gaskins
 Mark Steven Greenfield
 Greg Haberny
 Hollis Hammonds
 Michael Harrison
 Heather Hart
 Ralph Helmick
 Joseph Herscher
 Sara Hughes
 Kellie Jones
 Marcia Jones
 Rebecca Kamen
 Sheila Klein
 Alix Lambert
 Robert Lazzarini
 Shaun Leonardo
 Stacy Levy
 Willie Little
 Juan Logan
 Nava Lubelski
 Bradley McCallum
 Beverly McIver
 Aiko Miyanaga
 Franco Mondini-Ruiz
 Liz Nielsen
 Ed Osborn
 Winnie Owens-Hart
 Fahamu Pecou
 Endi E. Poskovic
 Kate Rich
 Erin M. Riley
 Aurora Robson
 Salvatore Scarpitta
 Anthony Schrag
 Dread Scott
 Joyce J. Scott
 Bayeté Ross Smith
 Cedric Smith
 Renee Stout
 Anna Torma
 Mary Tsiongas
 Elizabeth Turk
 Sam Van Aken
 Marion Wilson
 Pamela Z

References

External links
 Official Website
 Alliance of Artists Communities 2019
 Inside the McColl Center Transformation video history

Artist residencies
Art museums and galleries in North Carolina
Arts organizations established in 1999
1979 establishments in North Carolina
Culture of Charlotte, North Carolina
1999 establishments in North Carolina
Former churches in North Carolina
Buildings and structures completed in 1999

redpajama_set_name: RedPajamaWikipedia


Searching for ways to make your Procure-to-Pay process as strong as possible in 2015?
According to leading experts The Hackett Group and sharedserviceslink.com, there are three main areas that are often overlooked by finance, AP and procurement leaders when optimizing their P2P systems (Hint: one of them involves bad supplier information). See how these common oversights affect P2P performance, and how to stay ahead of the curve.


"Dr. Bob," as we affectionately called Robert Tomenendal, was the Director of Institutional Effectiveness for Virginia Beach Theological Seminary since the Fall of 2008. This past week, God took him "home" after an acute seven-month-battle with cancer. He will be greatly missed by the VBTS community.


The Crypto Directory Project (www.cryptodir.com) was launched on 3 september 2014. Our goal was to build a simple yet comprehensive directory with all listings related to crypto. In this perspective we gathered relevant links on exciting and upcoming Crypto Currencies, like Ripple, BitShares and NXT as well.
Our team consist of 3 editors who check & review and update existing and new listings, and 2 developers whom keep developing new features.
Our large directory challenge our developers and editors every day. Building advanced search tools and filters, but also in keeping it up to date. With the user feedback we gathered so far, the upcoming features will be added to the directory.
A paid member area for analytics & research.
Any help is appreciated. Feel free to contact us if you want to help expanding and managing our comprehensive directory.
Or suggest and advice improvements for the directory. Donations, as always, are very welcome too.
A community directory sponsored by the IUS Foundation.


Mount Auburn Hospital is a hospital in Cambridge, Massachusetts, affiliated with Harvard Medical School. Founded in 1886 as the first hospital in Cambridge, Mount Auburn Hospital is dedicated to delivering healthcare services in a personable, convenient and compassionate manner. As the teaching hospital for Harvard Medical School, its educational mission brings together remarkable talent and sophisticated research while maintaining a community focus.
The Wagner Foundation supports Mount Auburn Hospital as it works to advance standards of care, research, and service for the next generation of healthcare professionals.
Mount Auburn Hospital is a hospital in Cambridge, Massachusetts, affiliated with Harvard Medical School.


text:
Die R119 () ist eine Fernstraße föderaler Bedeutung in Russland. Die 395 km lange Straße verbindet in Zentralrussland die Verwaltungszentren der Oblaste Orjol, Lipezk und Tambow.

Die R119 stellt eine in West-Ost-Richtung verlaufende Querverbindung zwischen den von Moskau nach Südrussland führenden föderalen Fernstraßen M2 Krym, M4 Don und R22 Kaspi (vormals M6) dar. Sie beginnt in Orjol, wo neben der die Stadt östlich umgehenden M2 auch Anschluss an die R92 nach Kaluga und die R120 in Richtung Brjansk und Smolensk besteht, und verläuft vorbei an mehreren Rajonverwaltungszentren im östlichen Teil der Oblast, darunter die Stadt Liwny. In der Oblast Lipezk passiert die Straße die drei größten Städte des Gebietes, Lipezk, Jelez und Grjasi. In der Oblast kreuzt sie den Don und seine bedeutenden Nebenflüsse Bystraja Sosna und Woronesch. Die R119 erreicht schließlich die R22 etwa 15 km westlich von Tambow, wo außerdem Anschluss an die R193 nach Woronesch und die R208 nach Pensa besteht.

Die R119 ist auf ihrer gesamten Länge asphaltiert und zumeist zweispurig, im Bereich der größeren Städte in ihrem Verlauf (wie Orjol, Jelez, Lipezk) vierspurig ausgebaut. Die meisten größeren Ortschaften werden auf Umgehungsstraßen umfahren.

Verlauf

R Russland119


After discovering a love for clay at an early age, I went on to study Ceramics at degree level and have been working with ceramics ever since.
The inspiration for my current 'Scrolls' collection came from a visit to Jerusalem's Wailing Wall where I was amazed by the thousands of prayers written on little pieces of paper stuffed between the bricks.
I use a combination of techniques to create my pieces. The vases are slip cast then individual scrolls are rolled and applied in different sizes for visual interest and to accommodate a variety of stem sizes. I use white earthenware clay which achieves a clean white finish allowing a crisp contrast to the bright colours on the insides of the scrolls. Each piece is fired 3 times achieving a top temperature of 1150ºC. My vases are glazed inside and out so they are able to hold water for fresh flowers.


text:
11247 Wilburwright eller 4280 T-3 är en asteroid i huvudbältet som upptäcktes den 16 oktober 1977 av den nederländsk-amerikanske astronomen Tom Gehrels och det nederländska astronomparet  och  vid Palomarobservatoriet. Den är uppkallad efter den amerikanske flygpionjären Wilbur Wright.

Asteroiden har en diameter på ungefär 10 kilometer.

Referenser

Huvudbältesasteroider
Småplaneter namngivna efter personer
Astronomiska upptäckter av Palomar–Leiden survey
Astronomiska upptäckter av T Gehrels
Astronomiska upptäckter av I van Houten-Groeneveld
Astronomiska upptäckter av CJ van Houten
Astronomiska upptäckter 1977


This lesson aims to teach emergent readers how to detect the phoneme /m/ in spoken words. Students will learn to recognize /m/ in spoken words by learning a meaningful representation and the letter symbol m, practice finding /m/ in words, and apply phoneme awareness with /m/ in phonetic cue reading by distinguishing rhyming words from beginning letters.
1. Say: Our written language is a secret code. The tricky part is learning what letters stand for. Have you ever noticed that your mouth moves a different way for each letter sound you make? Today we are going to work on spotting the way the mouth moves when we make the /m/ sound. We spell /m/ with the letter M. M is the sound we make when something sounds really good to eat, like ice-cream!
2. Let's pretend we are looking at all the freshly baked cookies and cupcakes at the bakery, /m/, /m/, /m/! (rub stomach) Do you see what your lips do when you make the /m/ sound? When we say /m/ our tongue and lips don't move at all. We just push our lips together.
3. Let me show you how to find /m/ in the word in Amy. Watch me as I say it slowly. I want you to listen for the /m/ sound (rub stomach), and watch for my lips to press together. Now let's see if you hear the /m/ sound in other words. What about the word camera? What about candy? Candy and camera may sound a little alike, but only one word has the /m/ sound.
5. [students take our primary paper and pencil]. We use the letter M to spell the /m/ sound. Capital M looks like two mountains. Let's practice making a lowercase letter m. Start at the fence and draw a line down to the sidewalk. Now go back up and when you get almost back to the fence curve your line over and go back down to the sidewalk. The top of your hump should touch the fence. Now make one more hump just like the other and you're done! I want everyone to follow the directions and make one m. After I look at your m I want you to practice making them until you have it down perfectly!
6. Now let's practice listening for the /m/ sound in different words: Do you hear /m/ in aim or air? Lame or land? Can or come? Lamp or light? Let's see if you can spot the mouth move /m/ in some other words. Rub your tummy if your hear the /m/ sound: The mean mosquito was munching on my mommy's favorite meal.
7. We are going to read a book called Is Your Mama a Llama? By Deborah Guarino. Lloyd is a silly llama who is having fun asking all of his friends if their mamas are llamas! Let's read to find out what kind of animal Lloyd is and if he ever finds a friend whose mama is a llama! When we finish the book, I will have the students brainstorm different people, places, or things that start with the /m/ sound. Then the students will draw one thing that starts with /m/ and will use invented spelling to tell about what they drew.
8. Next I will show the students a series of words. I will write the words two at a time on the marker board and ask them to decide which word makes the /m/ sound: MOP: mop or top? CAMP: can or camp? BUMP: bat or bump? LIMP: limp or late?
9. For assessment I will give the students a worksheet that will require them to identify a picture and determine whether or not it begins with /m/. The student will draw a line from the three blind mice on the left side of the page to the three pictures of words beginning with /m/ on the right side of the page. Before they begin matching sounds to pictures, I will have them use invented spelling to label each of the pictures on the right side of the page. http://www.kidzone.ws/kindergarten/m-begins1.htm. While students are working I will call students up individually to go back through some of the previous activities so that I can assess each student's individual ability to recognize the letter M and the /m/ sound.
Model Lesson: "Brush Your Teeth with F" by Bruce Murray.
Guarino, Deborah (1989). Is Your Mama a Llama? Scholastic Inc. New York, NY.


Originally published in the June 24, 2013 issue of Country Weekly magazine.
Two years ago, Glen Campbell came forward with a powerful, completely candid announcement that rippled throughout the entertainment world. With wife Kim by his side, Glen revealed that he had been diagnosed with Alzheimer's disease, the most common form of dementia, which eventually robs one of memory. It's an unpredictable illness of which there is no known cure, a frightening prospect for anyone, much less a renowned and influential entertainer of Glen's magnitude. But the family decided to make the announcement because they planned for Glen to embark on a series of farewell concerts, billed as the Glen Campbell Goodbye Tour, which kicked off later in 2011. Glen was also preparing to release a new album, Ghost on the Canvas, in August. They simply wanted the public to know that Glen was ill and might not be making music in the foreseeable future.
Two years after the diagnosis, Glen, now 77, indeed fights a daily battle with this disease. His wife, Kim, reveals that his memory loss has become more pronounced and his vocabulary has decreased significantly. He requires constant attention and cannot be left alone for even the smallest snippets of time. He can be prone to agitated, turbulent behavior that Kim describes as "scary." But Glen also manages to stay healthy and active, playing golf with friends at Malibu Country Club and going for walks with Kim or other family members.
In this exclusive, personal story, Kim; Glen and Kim's daughter Ashley; Glen's producer Julian Raymond; and Glen himself share their feelings and insights with Country Weekly about living with Alzheimer's, how Glen's illness has affected their daily lives, what behaviors they notice and, perhaps most important, what the future holds for the Country Music Hall of Famer and his family.
Glen's official diagnosis came in 2011, but certain disturbing signs were already beginning to manifest prior to that announcement. Kim looks back to 10 years earlier, when she started to notice Glen behaving in a wildly erratic manner. "He was experiencing anxiety and it was so unusual," begins Kim, who's been married to Glen since 1982. "He didn't want to go on the road. Sometimes, he would have panic attacks and start crying. When I would ask him what was wrong, he would just say, 'I don't know.' Unbeknownst to me," Kim adds after a lengthy pause, "Glen had begun drinking again." Glen had battled alcohol and chemical dependency for nearly 20 years until marrying Kim and apparently getting his life straight. The couple moved to Phoenix early in their marriage, which seemed to signal a new and certainly sober direction for Glen. But in 2003, he was arrested in Phoenix for drunk driving and assaulting a police officer after a hit-and-run incident. Glen later apologized to his fans for the arrest and his behavior.
"That meant a lot to him," Kim says, returning to the phone.
Glen recently announced that he will no longer be touring. But a final album, See You There, is slated to hit stores and online outlets Aug. 13. The album consists of reworkings of some of Glen's most popular tunes, including "Wichita Lineman" and "Rhinestone Cowboy," recorded during the same sessions for his 2011 studio album, Ghost on the Canvas. Julian Raymond, who produced Ghost on the Canvas along with 2008's acclaimed Meet Glen Campbell, has seen his old friend through the tough times and still visits Glen on occasion. It hurts to see this once-prolific man, an icon to today's stars like Keith Urban (see sidebar), Brad Paisley and others, in his present state. But Julian is also glad to have Glen around.
"We have such an amazing bond," he says. "We became friends through the music and he would always call, just to check on you. No other reason—he just wanted to see how you were doing.


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Current (https://current.org/2015/11/ben-carson-draws-attention-over-talk-of-glyconutrients-in-pledge-program/)
Ben Carson draws attention over talk of 'glyconutrients' in pledge program
By Dru Sefton, Senior Editor | November 12, 2015
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Ivan Grijalva
Carson speaks to the audience during the taping of the pledge program The Missing Link: The Science of Brain Health.
It's not often that a public television pledge program ends up in press coverage of a presidential campaign.
The Missing Link: The Science of Brain Health, a 2014 show featuring neurosurgeon Ben Carson and distributed by Arizona PBS, came under scrutiny when reporters discovered that Carson, now a leading Republican presidential hopeful, suggested that viewers might find "glyconutrients" helpful.
The word is used in advertising by Mannatech, a supplement company. Mannatech paid $5 million in fines in 2009, according to the Texas Attorney General's office, to settle a false advertising lawsuit after claiming its glyconutrient products cure cancer and other ailments.
Carson uses and has publicly praised Mannatech's glyconutrient supplements, although the pledge special, presented by Arizona PBS, does not name the company. He also discusses glyconutrients in an interview on a related pledge premium DVD, Healthy Brain Tips with Dr. Ben Carson.
The sponsor of The Missing Link is The Platinum Group, a collection of independent distributors that sell Mannatech products.
A National Review story in January made the link between Carson and the controversial supplement company. Carson "spoke at Mannatech conferences in 2011 and 2013, and spoke about 'glyconutrients'" in the Arizona PBS special "as recently as last year," wrote Jim Geraghty, a regular contributor to the conservative magazine. The piece noted that Mannatech had a "long, checkered past" and in November 2004 the mother of a child with Tay-Sachs disease who died after being treated with Mannatech products sued the firm. The headline: "Ben Carson's Troubling Connection."
But Arizona PBS executives and the program's producer see nothing troubling. "The program is about brain health, and there is only one mention of supplements and only in passing — it is not integral to the content of the program, nor is Mannatech ever mentioned," GM Kelly McCullough told Current.
Nancy Southgate, associate g.m., content at the Phoenix station, said she vetted the program. "We were comfortable enough to offer the program to other stations," she said. "I had no qualms with it."
The Missing Link ultimately aired on at least 18 stations, an estimate based on premium requests because the station doesn't track carriage, according to Henry Brodersen, e.p., development, at Arizona PBS.
"You just show up"
Taylor on the Missing Link set.
Richard Taylor, who produced The Missing Link, said he got the idea from similar brain-health pledge shows he'd seen starring psychiatrist and author Dr. Daniel Amen.
Taylor has been working with Arizona PBS since around 2006. He pitches pledge programs and often rents space at the station to produce them.
"I went to Channel 8 [Arizona PBS] and said, 'What if I got a world-class neurosurgeon for a program?' They said, 'Absolutely,'" Taylor recalled. That was in 2013, when Carson, retired director of pediatric neurosurgery at Johns Hopkins Hospital, was starting to appear in the media promoting his new book, America the Beautiful: Rediscovering What Made This Nation Great.
Taylor cold-called Carson. "We talked for about two hours," Taylor said. The producer suggested that a program on Carson's approach to brain health could be popular with public television audiences; Carson agreed. "He felt good that it was for public TV, and decided to do it," Taylor said.
"I told him, 'I'll set everything up, you send me an outline of your speech, I'll incorporate it into a show, and you just show up,'" Taylor said.
Taylor's firm, Taylor Media Group International, specializes in "mass media marketing communications," according to its website. "I've been doing this for 40 years," Taylor said in an interview. "I do marketing and promotion using media as my tool. The content is always going to be the talent. I just put creative around it." Several years ago Taylor worked with another Republican hopeful, frontrunner Donald Trump, on a book tour.
Taylor also finds sponsors to pay for the pledge productions. For Carson's program, Taylor initially approached Mannatech. Taylor was familiar with the company because a Mannatech associate had asked for assistance with television spots about four years earlier, he said. That time, "I visited with them, but we never did anything," Taylor said.
Taylor also felt Mannatech would be a logical sponsor as Carson used its products. Carson had previously made several appearances at Mannatech conferences and appeared in videos online touting the supplements.
But Mannatech declined to sponsor The Missing Link due to "financial reasons," Taylor said.
Michael Crouch, communications director at Mannatech headquarters in Coppell, Texas, told Current, "We certainly did not sponsor that show." However, "I have no ability to characterize that situation, as anyone involved with the decision has since left Mannatech," he added.
The Platinum Group of Mannatech distributors was interested, Taylor said. "Finding any sponsor or underwriter is always a challenge," he said. "When The Platinum Group stepped up I was thankful. Little did I know that would be controversial."
Creating the show and premiums
In January 2014, on the day of The Missing Link taping at Arizona PBS, a snowstorm delayed the arrival of Carson's flight until 4 a.m. — with shooting due to begin just four hours later.
Taylor said the two created pledge breaks first. Then they taped Taylor interviewing Carson. "He'd never really spoken to public audiences, he'd always talked to his own peers about brain health," Taylor said. "So we had to create premiums. He had no inventory" other than his 1996 book, Gifted Hands: The Ben Carson Story.
During Taylor's interview with Carson for the premium DVD, the neurosurgeon mentions the importance of nutritional supplements due to the processing of foods. Taylor asks him to explain "what exactly" glyconutrients are. Carson discusses the topic for about three minutes, detailing how "sugars get a bad name" but "none of us could survive without sugars" because glucose "is the fuel for many cells."
Ben Carson gets made up before his appearance on the pledge program.
An informational page on the Memorial Sloan Kettering Medical Center, a top research and cancer treatment facility, defines glyconutrients as "a group of sugars extracted from plants and thought to be essential for the body by helping cell-to-cell communication." It adds: "Although sugars such as glucose are essential for normal functioning of the body, true deficiencies are rare except in malnourished patients" — which renders supplements unnecessary for most people.
About an hour into his speech before the studio audience, Carson also brought up glyconutrients. "These things are in apples and your bananas and your beets and in everything, you know, that's growing," he said. "But by the time we get them, they frequently are gone, and I discovered that you can actually concentrate them in powders and pills and things like that. There are a number of different types of vitamins and supplements that are there. I advise people to actually look into this."
Despite the links between Mannatech, The Platinum Group and the word "glyconutrients," Taylor didn't see an ethical problem. "The show is completely compliant" with PBS production guidelines, "and the sponsor had no influence in the content," he said.
Taylor said that after production wrapped, he approached Mannatech to promote the program. "I'm trying to get viewers," he said. "But for some reason, I don't know why, they were adamant about not wanting any involvement."
Taylor said he finally convinced the company to mention the show. "They said, 'Because Dr. Carson is a friend, we'll point people to the show.' But they did that very reluctantly."
Mannatech posted an invitation on its website to a viewing party at its headquarters March 11, 2014, for the premiere of The Missing Link. "Dr. Ben Carson speaks on PBS [sic] . . . during which he will reference glyconutrients," the invitation said.
McCullough, Arizona PBS g.m., said he did not know about that tie-in with the program. "We have no control over the Mannatech website, nor were we aware they were mentioning the program in any way," he told Current.
After the National Review story appeared, reporters began peppering Carson with questions about his links to Mannatech — including during an Oct. 28 GOP debate. "I didn't have an involvement" with Mannatech, Carson replied to a question from CNBC moderator Carl Quintanilla.
"I did a couple speeches for them, I do speeches for other people," Carson said. "They were paid speeches. It is absolutely absurd to say that I had any kind of relationship with them."
Taylor was also approached by several media outlets asking about Carson's link to Mannatech. "I don't like being the center of attention," he said. "I prefer being behind the camera."
Taylor spoke to Breitbart News earlier this month in what the conservative website identified as an exclusive interview. Taylor told Breitbart that Carson was not compensated for his appearance. He also admitted that of some 300 audience members, "I would say that maybe about 10" were Mannatech distributors.
Taylor told Current he didn't anticipate any controversy. On that January production day, he recalled, he and Carson were chatting. Taylor asked Carson if the rumors were true: Was he considering running for president?
"His answer was that he was not sure, and only if the people wanted him to," Taylor said.
"My personal feeling overall was him running for president would be good for PBS and the show, and would cause many people to view and support their local public television station," Taylor said. "My intention was pure and wanting everything to be the best for all parties."
What Taylor didn't foresee, he said, "was that many public television stations did not like his political slant and chose not to air the show" for that reason. He heard that from a few programmers himself. "I said, 'What does that have to do with brain health? He's a world-class brain surgeon.'"
Questions, comments, tips? sefton@current.org
Related stories from Current:
Pharma fees to Infinite Mind doctor call attention to conflict-of-interest issues
Vermont PBS to replace show host after sponsorship controversy
KAET: 30 years from The Operation to The Latest Procedure
Incoming leader of Arizona PBS accused of racism, homophobia by current and former students
Sonya Forte Duhé is scheduled to join Arizona PBS and become dean of the Cronkite School in July.


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text:
PGA TOUR MIGHT HAVE UNLOCKED PANDORA'S BOX
By DAVE FAIRBANK Daily Press
His name is Gary Phelan and somehow you knew this was coming. Phelan is a Connecticut lawyer who filed a suit on behalf of a mentally retarded 17-year-old high school student whose parents claim he was denied a fair tryout for his school's junior-varsity baseball team.
The suit, filed in U.S. District Court earlier this month, contends that the student's rights were violated under the Americans with Disabilities Act.
The first thought that springs to mind is Casey Martin. After a lengthy legal process, the U.S. Supreme Court recently ordered the PGA Tour to allow Martin, who is a disabled golfer, to use a cart in its tournaments.
The second thought is one of the harshest criticisms of the Supreme Court's decision: Allowing lawyers and judges onto the playing field sets a troubling precedent for all sports and their ability to establish rules and govern themselves.
Critics foresee the Martin decision opening a Pandora's Box of lawsuits that will permit acrophobic high-divers and nearsighted marksmen, and will offer restraining orders against curveballs to certain batters.
Supreme Court justice Antonin Scalia, a dissenting voice in the Martin judgment, wondered if the parents of a Little Leaguer with attention deficit disorder would insist that their child be given four strikes instead of three.
Phelan told local reporters that he understood the comparisons to the Martin case, but said they didn't apply. Martin wanted to use a cart, which isn't available to other pro golfers. Phelan simply wanted his client to be given the same opportunity as the other kids who tried out.
Phelan's client started six of 16 games for his school's freshman team a year ago, and the school district hired a special coach to help clarify instructions for him.
According to the suit, the special coach didn't attend the first day of tryouts this spring and the boy wasn't allowed to participate. On the second day of tryouts, he was permitted to bat only once and then was cut.
The only similarity between the Connecticut lawsuit and the Casey Martin case may be that both were filed under the Americans with Disabilities Act. But there's little question that Martin's case emboldened Phelan and probably will do likewise for others who don't believe they're getting a fair shake.
We need more lawsuits and thicker court dockets like a pilot needs a cataract, but if you're looking for a culprit for the impending round of ADA sporting legal action, don't blame the lawyers or the courts. Blame the PGA Tour.
Had the Tour said to Martin, up front, that the uniqueness of his condition merited the use of a cart, few would have questioned the decision. The onus would have been on Martin to persevere and to play well enough to keep his Tour card, which is all he wanted in the first place.
Instead, by going to the mat and calling on some heavy hitters to testify against Martin, not only did the Tour risk losing the case, it came off looking cruel, unsympathetic and hopelessly out of step.
Ninety-nine times out of 100, lawyers and judges have no business in the sporting realm. The games and the rules have enough built-in justice.
But one time out of 100, when fairness is at stake, the best legal system on earth is a worthwhile avenue. That may be the most enduring part of Casey Martin's legacy, long after he has struck his last golf ball.
Dave Fairbank can be reached at 247-4637 or by e-mail at dfairbank@dailypress.com
Musket range, ax throwing or a barbecue? Lots of options for Williamsburg area events to treat dad


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Loved spending time with his family.
Service times: Saturday, January 26, 2019 at 11:00 a.m.
Donald L. "Nip" Pelen, 72, formerly of 1035 Chestnut St., Columbia, PA passed away on January 22, 2019. Born in Columbia, PA on January 22, 1947, he was the son of the late John N. and Phyllis Shortlidge Pelen.
Nip retired from the Maintenance Department of the Housing Development Corporation after 35 years of service. He loved spending time with his family and enjoyed his grandchildren and great-grandchildren. He was a member of Holy Trinity Catholic Church, the Red Rose Memorial Post #2435 VFW and the Susquehanna Fire Co. all in Columbia. He loved cooking, the beach, music, NASCAR and was an avid Dale Earnhart fan.
Surviving are 2 Daughters: Lyn wife of Brian Schreiner and Donielle Pelen both of Columbia, PA., 3 grandchildren: Jarrett Schreiner, Nicholas Schreiner and Kylee Keller, 1 great-grandchild: Ava Schreiner, 2 brothers: Robert "Buzz" husband of Frances Pelen of Columbia, PA and Thomas husband of the late Dawn Pelen of Millersville, PA and 1 sister: Sara wife of Orville Young of Marietta, PA. Also surviving are cousins, nieces and a nephew.
A Mass of Christian Burial will be held from Holy Trinity Catholic Church, 4th & Cherry Streets, Columbia, PA on Saturday, January 26, 2019 at 11:00AM (VIEWING: 10:00AM – 11:00AM) with Rev. Fr. Stephen Kelley as Celebrant. Final Commendation and Farewell will be in Holy Trinity Catholic Cemetery.
The family requests that flowers be omitted. Memorial Contributions in Donald's memory may be made to Holy Trinity Catholic Church 409 Cherry St., Columbia, PA 17512 or to Our Lady of the Angel's School 404 Cherry St., Columbia, PA 17512. Arrangements by the Clyde W. Kraft Funeral Home, Inc. Columbia/Landisville.


WorldLingo news : "Bouygues Group receives WorldLingo Multilingual Email Award"
The Bouygues Group has been awarded a WorldLingo Multilingual Email Award (WMEA), after it was the fastest French company to respond to an email written in a foreign language.
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Only 8.9% of the world's companies replied to the email correctly and in the same language as the original message, with the Bouygues Group having the fastest response time from a German company of seven hours and 37 minutes.


The court denied plaintiff's motion in limine to preclude defendant from asking the jury to award lump sum damages. "[Plaintiff] contends that [defendant] should be precluded from asking the jury to award damages in the form of a fully paid-up lump sum covering the life of the patents-in-suit because that outcome would preclude [plaintiff] from seeking an injunction or post-verdict ongoing royalties. According to [plaintiff], this would improperly allow the jury to decide equitable issues. Although the Court agrees that a lump-sum award might foreclose additional relief, there is no doubt that a fully paid-up lump sum is an allowable form of damages. . . . The possibility that the jury's decision may affect [plaintiff's] claim for equitable or injunctive relief is no basis for taking that decision out of the jury's hands. . . . The solution to [plaintiff's] concern is not to bar [defendant] from seeking a lawful lump sum royalty rate but to prove to the jury that the proper measure of damages in this case is a running royalty."
Prior to 2010, §101 invalidity defenses were not asserted at the pleading stage via a Rule 12(b)(6) motion. In 2010, Bilski v. Kappos, 130 S.Ct. 3218 (2010) opened the door for such motions with two being denied and one granted that year. In 2014, district courts considered fifteen §101 motions to dismiss, but denied or partially denied two-thirds. While several courts denied the motions because the claims did not appear to involve unpatentable subject matter, the more common basis for denial was a lack of a fully developed factual record or claim construction.
Click here to view a Motion Success Report for §101 motions to dismiss.
Click on portions of the chart to view the underlying orders.
The court granted defendants' motions to dismiss plaintiff's infringement action for lack of patentable subject matter and found the abstract idea in plaintiff's financial product price quote patent was not limited by an inventive concept. "The [patent-in-suit] does precisely what . . . is fatal to many computer-based patents: 'recite the performance of some business practice known from the pre-Internet world along with the requirement to perform it on the Internet.' The generation of price quotes for financial products is undeniably a pre-Internet concept. . . . [Plaintiff's] contention that it is solely offering an 'improvement' to overcome a purely technical problem is belied by the broad, non-limited claim language. . . . The court's holding is bolstered by [plaintiff's] own repeated use of language concerning 'scalability.'. . . But this is the exact same role computers play in many cases involving abstract, non-patentable ideas."
The court granted defendant's motion to strike plaintiff's infringement contentions regarding an open-ended priority date. "[Plaintiff] asserts that 'each asserted claim of the patents-in-suit [is] entitled to a priority date no later than September 7, 2000.' [Defendant's] concern is that [plaintiff] may use the 'no later than' language to assert a much earlier priority date further down the line in this litigation — as it appears [plaintiff] has done in [related cases]. [Plaintiff] does not address this argument in its opposition, nor did it meaningfully respond to it during oral argument. Accordingly, the language 'no later than' shall be stricken from the AICs without leave to amend. The asserted priority date is September 7, 2000."
Since 2008, U.S. district courts have ruled on 278 Daubert motions challenging an expert's methodology in patent infringement cases. The number of orders has increased steadily from 16 in 2008 to 90 in 2014. In 2014, exactly 50% were denied.
Click here to view a Motion Success report for these motions.
The court granted defendants' motion to exclude the testimony of plaintiff's damages expert regarding non-comparable licenses. "[The expert's] thinking here is hard to follow. She identifies five documents as the core of the market analysis approach, then disclaims any reliance on them, then says they are nevertheless suggestive of a reasonable royalty range, and then discards that range from use in her final damages number. This 'I like it -- I like it not' petal-plucking exercise is hardly the grist of admissible expert opinion. . . . This testimony bar applies across the board, including any attempt to mention the non-comparable licenses as 'background' evidence. [Plaintiff's] and [its expert's] unwillingness to say that she relied on the licenses -- apparently based on a recognition that they would not qualify as comparable licenses under the Federal Circuit's precedents -- leaves no room for some sort of soft or 'suggestive' reliance."
The court denied without prejudice plaintiff's motion for a preliminary injunction precluding the sales of defendant's traffic sensor products, but rejected defendant's argument regarding lack of patentable subject matter. "Claiming the [patent-in-suit] is . . . directed at an abstract process generically implemented, [defendant] contends 'a human with no more than a high-school level education can readily accomplish each of the steps taught [by the patent-in-suit] with nothing more than a paper and a pencil.' The Court disagrees, and is unpersuaded [Alice Corporation v. CLS Bank International, 134 S. Ct. 2347 (2014)] is applicable to this case. Merely employing a mathematical formula does not render a claimed method unpatentable where the method improves upon an existing technological process, and the evidence presently before the Court indicates the [patent-in-suit] significantly improved upon existing technological processes for providing dilemma zone protection. Some previous purported solutions, for example, were based upon virtual loops or physical loops buried in the ground, and did not really solve the problem. . . . [Plaintiff] improved upon those solutions by devising a process which by making use of a mathematical formula enables accurate real-time tracking of vehicles as they approach an intersection."
The magistrate judge recommended denying defendants' motion for summary judgment that plaintiff's data storage and digital content access patents were invalid for lack of patentable subject matter because they addressed unique problems unknown in the pre-internet world. "[T]he patents here do not simply apply a known business practice from the pre-Internet world to computers or the Internet. . . . Piracy of digital content became widespread through means unknown to the pre-Internet world. The patents claim methods and systems designed to prevent such easy and unauthorized reproduction and access while allowing the access to be nearly instantaneous and the storage to be permanent. The patents also address the unique problem of controlling a user's access to data that the user already possesses by tracking use data and restricting access according to use rules. This sort of access control was also unknown in the pre-Internet era, even though Defendants' expert opined that the patents can be likened to ordering a DVD over the telephone. . . . [T]he claims solve problems faced by digital content providers in the Internet Era and 'improve the functioning of the computer itself' by providing protection for proprietary digital content."
The court granted defendant's motion for judgment on the pleadings that plaintiff's groupware system patents were invalid for lack of patentable subject matter. "The common specification of the five [patents-in-suit] describes the unremarkable concept of people working together on a project. . . . [T]his concept existed well before the invention of the [patents]. . . . The problem with the asserted claims is that their core concept is inherently abstract, and their implementation, which consists of standard technology like browsers, servers, and networks, has nothing inventive whatsoever about it."
The court granted defendant's motion for summary judgment that plaintiff's integrated circuit patents were invalid for lack of patentable subject matter and rejected plaintiff's argument that the patents contained an inventive concept. "[I]n an effort to demonstrate the requisite 'inventive concept,' [plaintiff] first points to the lack of any reference to the claimed methods in the prior art. [Plaintiff's] reliance on a lack of prior art is misplaced, however. . . . Similarly unavailing is [plaintiff's] argument that the asserted claims do not 'pose a risk of preemption,' as logic synthesis can be performed 'without using assignment conditions.'. . . [T]he asserted claims do preempt a building block of human ingenuity, a mental process, albeit a specific one. . . . The fact that previously a designer would not have followed the exact same thought process does not change the analysis. A method primarily designed for use by a computer is, almost by definition, going to differ from the manner in which a natural person thinks through a problem."
The court granted defendant's motion for summary judgment that plaintiff's CAD/CAM data importation patents were invalid for lack of patentable subject matter and found that the claims were directed to the abstract idea of mapping without an inventive concept. "[A]n inventive concept is, among other things, a new idea that solves a recognized problem in a particular field of endeavor. . . . Moreover, the inventive concepts in [earlier decisions] each involved an innovation that allowed a user of the invention to achieve a better result, rather than a result that was achieved more quickly due to the replacement of direct human activity with a computer. . . . Without a disclosure of how the invention does what it does, neither the specification nor the claim identifies an inventive concept. Rather, the patent merely recites the use of a generic computer to perform generic computer operations, and that is not enough to establish an inventive concept."
Since the beginning of the year, district courts have ruled on 5 motions for summary judgment of invalidity on § 101 issues. Four were granted, resulting in an 80% success rate. In 2011, the success rate was 37.5%. To view success rates over time, check out Docket Navigator's new Motion Success report here.
The court granted defendants' motion to compel a second deposition of plaintiff's original patent counsel and produce documents withheld as work product because of defendants' difficult burden under Therasense. "[Counsel] already has been deposed, but his deposition took place before the court entered its orders addressing work product issues and the defendants' entitlement to discovery surrounding their inequitable conduct claims. . . . [W]ork product objections to questions asked [counsel] and requests for the production of documents have unfairly limited [defendants'] discovery of information that may be critical to their inequitable conduct theories. . . . Given the especially difficult burden imposed under Therasense, Inc. v. Becton, Dickinson and Co., 649 F.3d 1276 (Fed. Cir. 2011), and in light of the information the defendants have presented to date surrounding their inequitable conduct theories, the court finds it reasonable to permit the defendants to take a second deposition of [counsel] and to require him to produce documents originally withheld solely on work product grounds."
Reaching a different conclusion than Judge Sleet, Judge Stark denied defendants' motion to dismiss plaintiff's ANDA infringement action against a parent defendant for lack of personal jurisdiction and rejected the argument that Daimler AG v. Bauman, 134 S. Ct. 746 (2014) precluded the court's the exercise of general jurisdiction over this, "and likely all," ANDA suits. "While Daimler altered the analysis with respect to general jurisdiction - and the Court agrees with [defendant] that this Court cannot exercise general personal jurisdiction over either of the [defendants] on the basis that they are 'at home' in Delaware - Daimler does not change the fact that [the subsidiary defendant] consented to this Court's exercise of personal jurisdiction when it registered to do business and appointed an agent for service of process in the State of Delaware. . . . With respect to [the parent defendant], the Court lacks general jurisdiction, as [it] is neither 'at home' nor registered to do business in Delaware. However, Plaintiffs allege but have not proven a non-frivolous claim that [the parent] used [the subsidiary] as its agent in connection with the ANDA filing giving rise to this litigation. Therefore, the Court will permit Plaintiffs to take jurisdictional discovery of [the parent's] relationship with [the subsidiary] and with the ANDA filing at issue in this case. . . . The undersigned Judge is aware, of course, that a fellow member of this Court has reached a contrary conclusion on this point. . . . Judge Sleet's rejection of consent as a basis for general jurisdiction over [defendant] is well-reasoned and may well be the correct view. Nevertheless, for the reasons explained in this Opinion, the undersigned Judge has reached a different conclusion."
The court granted defendant's motion for summary judgment that plaintiff's anonymous loan shopping patents were invalid for lack of patentable subject matter. "[T]he claims are directed to the idea of allowing users to assess their borrowing ability without revealing their identities to the lenders until they wish to do so. . . . [T]he Court agrees that the claims lack an 'inventive' concept sufficient to transform that abstract idea into a patentable invention. . . . Nothing in the [patent's] claims 'purport[s] to improve the functioning of the computer itself.' They do not 'effect an improvement in any other technology or technical field.'. . . Nor do the claims solve a challenge particular to the internet. . . . Nor are the claims adequately tied to 'particular machines.'"
Over the years, courts have levied 28 U.S.C. § 1927 sanctions against counsel in patent cases for several different types of conduct, including: misleading discovery, overzealous motion practice, pursuing claims known to be baseless, making factual representations without knowledge of their accuracy, and failing to correct false statements or testimony.
View these decisions by clicking here.
The court granted in part defendants' motion to sanction plaintiff's counsel under 28 U.S.C § 1927 after counsel failed to produce discovery regarding the inventor's multiple false statements about his reduction to practice of the invention. "After it clearly appeared that [the inventor] knew of his false statements, it was ruled that no attorney-client privilege prevented discovery of all facts and documents relating to the trial of inequitable conduct. Nevertheless [plaintiff's counsel] has not produced all of the documents sought, claiming relevancy as to some and that some documents are in the possession of [plaintiff]. [Defendant] is correct that these reasons are insufficient and warrant a conclusion that the withheld documents would support [its] position. . . . Relying on the adverse inference to be drawn from [counsel's] failure to disclose documents, it is found that [counsel] was aware of the false statements prior to the filing of the present lawsuit. Therefore, [counsel] is liable for all reasonable attorney fees and expenses incurred by [defendants], not just those incurred after [a post-filing] email from [the inventor] to [plaintiffs' counsel]. The false presentation of [the inventor's] activity and knowledge justifies making [counsel] jointly and severally liable with [plaintiff] for attorney fees and costs."
The court granted in part plaintiff's motion to compel the production of privileged documents under the crime-fraud exception to determine whether source code asserted as a defense to plaintiff's infringement claims was fabricated. "[Plaintiff] seeks discovery of a wide variety of documents and communications in an effort to determine if [defendant] fabricated [the source code] and falsely represented that it was created in the normal course of product development. . . . The Court has already found by a preponderance of the evidence that [defendant] falsely claimed that (1) [certain source code] was the current operating source code for [defendant's] commercially sold products; (2) [the source code] provided a complete defense to [plaintiff's] infringement challenges; and (3) [defendant] had produced all the source code. This is just the type of fraud that opens up all communications related to [that source code] to discovery. . . . [Defendant] claimed that it created that source code in the normal course of product development. But that claim is naturally called into question by the fraudulent way that [defendant] portrayed [the source code] as a complete defense. . . . [T]he Court will compel [defendant] to produce all communications and documents that mention or relate to [that source code]. This includes not only communications between [defendant] and its counsel, but also material that counsel prepared, as . . . even work product is discoverable under this exception."
The magistrate judge recommended granting defendant's motion for summary judgment that plaintiff's value optimization patents were invalid for lack of patentable subject matter and found that the claims were directed to an abstract idea without an inventive concept. "The concept of using a computer to "optimize revenue generation based on interactions between air carriers and their customers based on their relative perception of value regarding certain product enhancement options that are based on and dictated by unknown future events," has no concrete or tangible form. . . . Although certain dependent claims restrict the field of use to the airline industry, this limitation is insufficient to establish patent eligibility under § 101. . . . An airline's capacity to track variables, including the preferences of multiple passengers, flight availability, and the perceived value for an upgrade option, is not an inventive concept. Like the risk hedging in Bilski, and the concept of intermediated settlement in Alice, the concept of using a computer to optimize negotiations between an airline and its customer, to each obtain the best economic results given certain conditions, is 'a fundamental economic practice long prevalent in our system of commerce.'"
The court granted defendant's motion to stay pending its petition for inter partes review and rejected plaintiff's assignor estoppel argument. "[Plaintiff] argues that it will be tactically disadvantaged by a stay because it will be unable to promptly take discovery on and litigate its defense that 'an assignor and parties in privity with the assignor are estopped or barred from asserting invalidity defenses.'. . . [Plaintiff] argues that it will be tactically disadvantaged if the case is stayed in favor of IPR because it will be prevented from litigating its assignor estoppel theory in this case first, and it will be unable to develop a record on the issue of assignor estoppel to present to the Federal Circuit or the Supreme Court on review of any unfavorable PTAB decision following the IPR in light of the limited discovery allowed in IPR proceedings. . . . [Plaintiff] cannot reasonably claim to be 'tactically disadvantaged' in this litigation by a statutory framework which limits the issues authorized by Congress to be raised in IPR proceedings or the discovery allowed to be taken in such proceedings."
The court granted plaintiffs' motion to dismiss defendants' inequitable conduct claims. "[Defendants'] recitation of facts makes for impenetrable reading. The allegations of inequitable conduct are about two and one-half times the length of a principal opening brief in the courts of appeals [14,000 words]. It does not appear that there was any effort made to tell a comprehensible story. [Defendants'] attorneys, apparently aware that the inequitable conduct allegations are nearly incomprehensible, try to rehabilitate the pleading with a mixture of underlining and the use of bold, italic, and bold italic fonts. It is as if [defendant] has dumped a pile of garbage in front of me, saying that there is a golden ring in the garbage, while directing my attention to various flashing colored lights, the point of which is unexplained."
The court granted defendants' motion for summary judgment that plaintiff's network document management patents were invalid for lack of patentable subject matter and found that the claims were drawn to an abstract idea. "[Plaintiff] argues that [the claims at issue in Alice Corp. Pty. v. CLS Bank Int'l, 134 S. Ct. 2347 (2014), and buySAFE, Inc. v. Google, Inc., 765 F.3d. 1350, 1355 (Fed. Cir. 2014)] are fundamentally different from [the patents-in-suit], which 'narrowly claim a specific type of data structure for linking data' . . . namely the 'link relationships' and 'link directories' in which link relationships are stored separately from a document object and relate documents objects to one another. . . . [Plaintiff] relies upon a narrow interpretation of the term 'abstract idea.' Abstract ideas are not limited to 'fundamental truths,' 'fundamental economic practices,' or 'basic tools of scientific and technological work.'. . . Allowing users to generate relationships between document objects and storing those relationships separately from the document objects simply describes the abstract idea of creating, storing and using relationships between objects. As defendants illustrate at length, the concept of establishing and using relationships between documents is a common, age-old practice. Courts have found similar 'commonplace and time-honored practices' to be abstract ideas."
The court denied defendants' motion for summary judgment that plaintiff's casino patents were invalid for lack of patentable subject matter because defendants failed to consider independent and dependent claim terms as a whole. "The question . . . is whether the additional system elements of claim 1, considered as a whole together with the material of the dependent claims, are sufficient to transform the dependent claims into patent-eligible subject matter. But because Defendants incorrectly argue that the Court should ignore the elements of the cancelled independent claims, Defendants have not accounted for either (1) the majority of the elements of the challenged claims, or (2) the claims as a whole. . . . [I]t is . . . possible that the computer system elements combine to provide a sufficient 'inventive concept' beyond the abstract idea. This is a motion for summary judgment. . . . This burden of production is especially high here, where the movant is seeking to have patent claims invalidated. . . . Defendants provide no analysis for the majority of the elements of the challenged claims, instead relying only on USPTO reexamination proceedings unrelated to 35 U.S.C. § 101 to argue that those elements are not patent-eligible."
The court denied plaintiff's motion for attorneys' fees under 35 U.S.C. § 285 following summary judgment, a damages trial, and an appeal. "It was . . . objectively reasonable for [defendant] to defend the litigation on the grounds that it believed those patents to be invalid, particularly given the crowded field of patents for snowplows and snowplow attachments. Indeed, [defendant's] claims of invalidity with respect to [one patent-in-suit] survived summary judgment and went to trial. . . . The mere fact that [defendant] chose not to appeal the infringement findings with respect to those two patents, electing instead to redesign its assembly, is not enough to render this case 'exceptional.'"
The court granted in part plaintiff's motion to compel further damages discovery. "Plaintiff seeks discovery of information relating to seven licenses, two of which have been relied upon by Defendants' damages expert for the purpose of calculating a reasonable royalty. . . . [T]he Federal Circuit [has] discussed the Sixth Circuit's ruling . . . adopting a settlement privilege but declined to adopt such a privilege for patent litigation. . . . In light of the foregoing Plaintiff's request for discovery is not barred by a settlement privilege nor is there a heightened standard for discovery of documents relating to settlement negotiations. . . . Although certain communications relative to settlement negotiations may be attorney-client communications and/or attorney work-product, at this juncture the Court cannot assume that all of the settlement communications pertaining to Defendants' licenses are protected by attorney-client privilege and/or attorney work-product. Indeed, that would seem unlikely since communications between the parties to the licenses, or between the parties' representatives, would not be privileged. . . . The fact that Defendants are relying on only some of the six licenses does not negate the relevance of the license agreements not relied upon by Defendants."


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Blair Milo is used to being underestimated because of her age and gender. She doesn't let it stop her from running a city.
When Blair Milo was elected to serve as mayor of her hometown, she was just 28. But she already had an impressive resume: She had served in the U.S. Navy and worked as a defense consultant in Washington, D.C.
More than 600 miles from La Porte, Ind., she started to grow concerned about the financial situation in her hometown. So Milo did a decidedly old-fashioned thing: She started writing editorials in the local newspaper.
Eventually, Milo's ideas started to catch on, and she was asked to run for mayor in 2011. She won. Four years later, she was re-elected.
On this episode of "The 23%: Conversations With Women in Government," Milo discusses how she deals with people underestimating her because of her age and gender, why serving in the Navy helped her become a leader and how conservative women can get involved in public service.
Listen below. You can also subscribe to the podcast on Apple Podcasts or Stitcher, and check out our archives.


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Saddleback has today announced it has taken on the exclusive distribution of Rotor Bike Components.
Starting from January 1st, the deal comes as Rotor expands its business into territories beyond its much sought after Q-ring oval chainrings and cranksets.
"We have been long-time admirers of the Rotor brand and have watched it grow globally with great interest," said Andy Wigmore, Saddleback managing director. "With their strong focus on truly innovative performance products as well as recognising the need to validate this at the highest levels of professional cycling, they are a perfect partner for Saddleback.
With a reputation founded on its flagship Q-Rings, oval chainrings with subtle but efficient ovality that can be orientated around riders' distinct pedalling characteristics. The label's catalogue now also offers power meters and bottom brackets, as well as the Uno hydraulic line – the first complete hydraulic groupset.
Rotor's move to Saddleback comes soon after Sidi joined and continues what Saddleback describes as a "wave of growth that's set to continue as further positive brand discussions come to fruition in early 2016."


Mercury reaches superior conjunction on May 11th and as result for most of May is unsuitably placed for observation. Only at the end of the month does the chance arise to glimpse the elusive planet; but it won't be easy. For example, from latitude 51.5N (London, England) Mercury is a mere 4 degrees above the northwestern horizon, 45 minutes after sunset on May 23th. The situation is marginally better on May 31st, with Mercury now 7 degrees high.
During this time the planets brightness decreases from magnitude -0.9 to -0.3. With lengthening twilight, northern hemisphere based observers may find spotting the planet difficult with the naked eye. Binoculars will assist greatly but of course only scan the sky when you're sure that the Sun has set and therefore out of harms way.
What always helps in a search like this is a nearby brighter marker. And this time we have one! From May 23rd to May 25th, Mercury will pass just over a degree north of the much brighter Venus (mag. -3.9). Also located a few degrees from the pair is Jupiter (mag. -1.9). However despite being more than twice as bright as Mercury, the giant planet is over six times fainter than Venus.
Observers located at southern temperate latitudes also have the chance to spot Mercury at the end of the month, but the planet is even lower above the horizon than for their northern counterparts.
Having past through superior conjunction at the end of March, Venus is now moving slowly east of the Sun. Now shining at magnitude -3.9, the planet should be visible to those at northern temperate latitudes and in the tropics during the last week of May. It will appear low down towards the northwest after sunset in the twilight sky. On May 4th, Venus moves from Aries into Taurus where it remains for the rest of the month. Its current northern declination makes the planet more difficult to spot for those living in the southern hemisphere.
Venus will pass less than one degree north of Jupiter on May 28th with Mercury passing just over a degree north of Venus between May 23rd and May 25th.
Mars reached solar conjunction last month and remains too close to the Sun to be safely observed this month.
Jupiter's long evening period of visibility is now almost at an end. The planet reaches solar conjunction on June 19th and by the end of May will be lost to the bright glare of the evening twilight. Now down to magnitude -1.9, Jupiter is visible low down towards the west-northwest from about 45 minutes after sunset for those located in the tropics and at northern temperate latitudes. As a consequence of its northerly declination amongst the stars of Taurus, opportunities to glimpse the planet from southern latitudes are even more fleeting.
As previously stated, by the end of May Jupiter will be effectively unsuitably placed for observation, however a possible final chance to spot the planet occurs on May 28th. This is when six times brighter Venus will pass less than one degree north of Jupiter. The pair should by visible very low above the northwestern horizon as soon as it's dark enough.
The famous ringed planet has just passed opposition (April 28th) and remains superbly placed for observation during May. Saturn is visible towards the east-southeast as darkness falls and can be observed practically all night. The planet starts the month in western Libra on a retrograde motion that takes it back into neighbouring Virgo on May 13th.
Now past opposition the apparent brightness and apparent size of Saturn will gradually decrease as the distance between the two planets increases. During May, its magnitude decreases from 0.1 to 0.3 with the apparent diameter shrinking only slightly from 19 to 18.5 arc seconds.
Saturn is positioned 14 degrees to the east of Spica (mag. 1.0), the brightest star in the constellation Virgo. When viewed with the naked eye, Saturn appears cream coloured and about twice as bright as blue-white Spica. Through binoculars the planet appears slightly elongated, hinting at its famous set of rings. Also visible with binoculars when positioned a reasonable angular distance from the planet, is Saturn's brightest moon Titan (mag. 8.4). Much more difficult to detect is fainter Rhea (mag. 9.8), the second largest moon of Saturn.
Saturn's wonder of course is its ring system. They are currently tilted at 19 degrees from our perspective and even a small 80mm (3.1-inch) telescope will easily show them. At magnification 100x the rings are nicely visible, tightly circling the central gem of Saturn. Increase the magnification to 200x or greater (seeing permitting) and the ring shadow on the planet, the darker outer A ring, the lighter B ring, subtle shadings and colour changes on Saturn's surface may be detected.
A good quality larger telescope, with its increased light gathering capability and higher magnification capability will of course show greater detail. For example, a 200mm (8-inch) scope can under good seeing be used to up to 400x magnification and will also reveal the 0.7 arc seconds wide Cassini division, the Enke division, the hazy C-ring as well as up to half a dozen of Saturn's satellites.
The almost full Moon passes 4 degrees south of Saturn on May 23rd.
Currently located in Pisces, Uranus (mag. 5.9) is not suitable placed for northern hemisphere observers during May, but is visible as an early morning object for those located further south.
On May 7th, the waning crescent Moon passes 4 degrees north of Uranus.
Neptune, magnitude 7.9, is located in Aquarius and is visible as a very early morning object from northern latitudes during the latter part of May. It's better placed from the tropics and southern hemisphere where it can be seen in the early morning May sky.
The last quarter Moon passes 6 degrees north of Neptune on May 4th and May 31st.


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Middle March
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