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According to conventional wisdom in public relations, it pays to lower public expectations so that your actual performance will exceed them. Eric Holder is getting the hang of the first part of that prescription. A few months ago I was shocked that the Attorney General of the United States didn't have an answer when Lindsey Graham predictably asked him at a Senate hearing whether it would be Justice Department Policy to Mirandize Osama bin Laden in the event that we captured him. You had to figure that Holder would be ready to hit the ball out of the park if he were ever thrown that pitch again.
By the end of her first law school class, every law student has discovered that the standard way lawyers evaluate legal positions is by determining whether they have implausible implications in artfully defined hypothetical situations. Before her first moot court, she knows that this is not a professional answer to a hypothetical question: "I have to compliment you on your vivid imagination Justice Scalia, but that's not going to happen." Yet, after three months of preparation, the Attorney General's well-rehearsed answer to a question designed to flesh out his legal position amounted to a hypothetical war dance over a hypothetical corpse.
Who would have thought that Holder wouldn't be able to measure up to the expectations he lowered so drastically three months earlier? Jane Mayer has protrayed Holder as a lonely but insistent voice for the rule of law in an administration that's increasingly inclined to cut legal corners in dealing with terrorist threats. To me, he just sounds empty-headed.
First of all, I guess he answered the question. Yes, he would Mirandize Osama bin Laden upon capture. But more to the point, I sure hope there is a meeting going on in the White House today about replacing Holder to avoid further embarrassment. The dems wanted to impeach Gonzales for high crimes and misdemeanors. If only we could impeach for pure empty-headedness. This guy has got to go. Fast.
Let's also mention that AG Holder's answer is also wrong on its merits as well. If OBL is still alive, it is entirely possible that he will be captured alive, like KSM and Saddam Hussein. To say that such a possibility is too remote for concern is ridiculous.


Because of his strict adherence to the Constitution and his fiscal conservationism, Campaign for Liberty Chairman Ron Paul voted against all legislation authorizing spending taxpayer money for congressional gold medals. He usually was the only member of Congress to do so, and when he left Congress, it seemed likely that future gold metals would be approved by unanimous votes.
Well, yesterday, the House voted on a bill spending your money to give a Gold Medal to golf legend Jack Nicklaus.... and there was not one no vote.. there where ten. Of course, the fact that only ten members voted against something as blatantly unconstitutional as spending taxpayer money on a gold medal is not a great victory, but the fact that it is no longer one lone member opposing gold medals is an indication of the progress the ideas of liberty are making thanks to the liberty movement that Dr. Paul's 2008 and 2012 presidential campaigns inspired. Another great example of the progress of the liberty movement's growing influence is the increasing congressional support for ending the FDA's war on raw milk.


text:
Election Day tradition: Snowdoun voter always first to the polls
Andrew J. Yawn
After a short, eight-mile drive from his home down Highway 331, Milt Belcher parked where the gravel turns to grass and took his seat atop the steps of the Snowdoun Women's Center.
It was 5:30 a.m., and as usual Belcher was the first to arrive at his polling place Tuesday morning. The doors wouldn't open for another hour and a half, but preserving his streak is worth the wait.
At this point, even the voting machine expects Belcher's ballot to come first.
"My one claim to fame here is being the first one to vote here for the past four (elections)," Belcher said.
In a parallel universe, Belcher would have been on the ballot instead of the steps.
A jovial, kind-eyed man with a beard like powdered sugar, Belcher will first crack that he considered running for king. Or for cover. He punctuates his jokes with a deep belly laugh, but eventually the one-time administrative law judge for the Attorney General's office will get serious and tell you he once considered running for senator.
"You talk about people having skeletons in the closets? My cadavers have meat on the bones, so I couldn't go that route," Belcher quipped again.
For many, voting is a duty akin to eating your broccoli, something you've got to swallow no matter how you have to chew.
Belcher, however, has made it a passion. Come Election Day, he's as likely to be out front of his poll as the gray double doors that mark the entrance, a mark of consistency he hopes means something to his family and those who line up behind him.
"I said perhaps there's something else I can do to inspire others. I come from a large family down the way, and I try to inspire and encourage them to at least vote. If you're not going to run for office, at least walk to the polls," Belcher said.
James Jackson works the Snowdoun poll, arriving early to set up before greeting a flock of voters he's gotten to know pretty well.
"I told my wife I get a chance to see some friends I haven't seen since last election," Jackson said.
Most of the time, Jackson said, Belcher beats him to the steps.
"He's the first in line. He's here before I get here," Jackson said.
Being first in line is nothing new for Belcher.
Belcher said he became interested in politics in 1965, when according to him, he became the first black student to enroll — and eventually graduate — from the previously all-white Elba High School in his native Coffee County.
Belcher said he had three careers after that, a 32-year legal career preceded by 22 years of military service, with a stint as a law professor at Auburn University at Montgomery and Faulkner University stuck sometime in between.
Now enjoying retirement, the 70-year-old Belcher has seemingly made voting his primary hobby. And he hopes more people take up the cause.
"Please everyone get out and vote. It's the least you can do for your country," Belcher said. "Be one of those who shows others you're interested and realize your political responsibility to cast that vote. Too many people gave their lives, their blood, sweat and tears, for us to be able to do this."

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text:
George Washington Baines
peoplepill id: george-washington-baines
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Maternal great-great grandfather of Lyndon B. Johnson
Intro Maternal great-great grandfather of Lyndon B. Johnson
Was Politician
From United States of America
Type Politics
Birth 29 December 1809, Perquimans County
Death 28 December 1882, Belton (aged 73 years)
Children: Joseph Wilson Baines
Peoplepill ID george-washington-baines
George Washington Baines, Sr. (December 29, 1809 – December 29, 1882), a maternal great-grandfather of U.S. President Lyndon Baines Johnson, was a Baptist clergyman in Arkansas, Louisiana, and Texas who served briefly as natural science professor and President of Baylor University at its first location in Independence in Washington County, Texas.
Early years, family, education
Baines was born near the Atlantic coast in Perquimans County, North Carolina, to the Reverend Thomas Baines and the former Mary McCoy. In 1817, the Baines moved to Georgia and then to Alabama, where Baines attended the University of Alabama at Tuscaloosa. He did not graduate because he left the institution his senior year as a result of the stomach ailment dyspepsia, which plagued him for the remainder of his life. Baines cut and rafted timber to pay for his college tuition. After leaving college, he taught school. Years later, the University of Alabama awarded him an honorary degree for his accomplishments.
Call to the ministry
Baines was baptized in the Salem Baptist Church in Tuscaloosa County in 1834. He was ordained a Baptist minister in 1837. He married the former Melissa Ann Butler of North Carolina on October 20, 1840, and thereafter moved to northern Arkansas, where he founded three churches and baptized 150 converts. He was also a missionary for the Baptist Home Mission Society of New York City. Baines even served for three months in the Arkansas House of Representatives from November 1843 to February 1844 as the member from Carroll County.
A church schism in Arkansas
In March 1844, the "Hardshell" Baptist dissenters gained control of Baines' Crooked Creek Baptist Church, located south of Harrison, Arkansas, the seat of Boone County. Baines was a "Missionary" Baptist in orientation (not to be confused with the Missionary Baptist denomination). The Baineses and other mission-oriented members were ousted from the Crooked Creek Church. The "Missionary" Baptists were evangelistic and believed in the constant presentation of the Gospel of Jesus Christ as the propitiation for the sins of mankind and the sole source of salvation in the hereafter. The "Hardshell" segment, also called "Primitive" Baptists, embraced predestination, which took the view that while some individuals would accept the call of Christ, others most decidedly would not do so. The "Hardshells" eschewed revivals; they merely presented the Gospel, in some congregations only on a monthly basis, and left matters otherwise constant. The two groups were at odds in many locations across the American South.
Pastor in Louisiana
Baines and his family left Crooked Creek and moved south to Mount Lebanon in Bienville Parish in north Louisiana. He was the Bienville Parish superintendent of schools and also the founding minister of the Saline Baptist Church, constituted on September 7, 1844. The church was later named Old Saline Baptist Church and maintains a cemetery. Baines pastored at Old Saline until 1848, when he relocated to neighboring Webster Parish and served as the first pastor of the Minden Baptist Church, later the First Baptist Church of Minden, Louisiana. (In 1969, Major dePingre', a journalist-turned-businessman, published The History of the First Baptist Church of Minden, Louisiana.)
Baines was the third minister of the Mount Lebanon Baptist Church and the moderator of the Red River Baptist Association. He assisted in the organization of the North Louisiana Baptist Convention in 1848. While in Minden, he helped to organize the First Baptist congregation in Marshall, Texas, the seat of Harrison County west of Shreveport.
Pastor of eight churches in Texas
Old Baptist church in Independence where Baines was pastor
After his service at Mount Lebanon, Baines relocated to Huntsville, Texas, where he was the pastor of still another Baptist Church. Later, in Independence, Texas, Baines met the legendary Sam Houston, who became a lifelong friend. Reverend Baines counseled Houston on the desirability of baptism after making a Christian commitment of faith. Consequently, Sam Houston was baptized in the last decade of his life on November 19, 1854, not by Baines, but by the Reverend Rufus C. Burleson, who had succeeded Baines as the pastor at the Independence Baptist Church.
During his ministry in Texas, Baines also pastored in Anderson, Fairfield, Springfield, Butler, Florence, and Salado. He founded the first Baptist newspaper in Texas, the Texas Baptist, and edited the publication from 1855 until 1860, when it ceased production with the advent of the American Civil War. He led churches in prayer days, distribution of Bibles, aid to families, and soldier relief work during the war.
The Baylor years
Baines served as Baylor's president from 1861 to 1863 at a salary of $1,600 per year. He struggled to keep the school afloat despite financial woes and problems with his own health. He also taught grades 7-12—Baylor educated all above the sixth grade—and his college science class as well as handling the administration of the school. Baines resigned from the Baylor presidency because he believed himself to have been more suited for a pastorate than a college administrative post.
Baylor was the first institution of higher learning in Texas, and in time the school became the largest Baptist-related institution of higher education in the world. Baines encouraged women students at Baylor, and he and Mrs. Baines helped to provide them lodging. In his later years, Baines was a trustee of the Baylor female institution, the University of Mary Hardin-Baylor in Belton. The school has since gone coeducational. In 1886, four years after Baines' death, Baylor relocated to Waco, the seat of McLennan County.
Family obituaries
On January 21, 1865, Melissa Baines died while the family was living in Fairfield. Baines' mother had died months earlier, after having come to live with the family. Melissa Baines is buried in an unmarked grave in Fairfield Cemetery. The grave was not located by family members until 1960. Baines made her coffin with his own hands. Six months later on June 13, Baines married a then 33-year-old widow, Cynthia W. Williams, also originally from North Carolina.
In 1866, Baines traveled as field agent for the Texas Baptist State Convention and in 1867 moved his family to Salado, where he pastored the First Baptist Church. In 1877, he became an agent for the Education Commission of the Baptist State Convention, but in 1881, the Salado congregation compelled him to resume the pastorate there. After the death of second wife Cynthia Baines on February 4, 1878, Baines lived with his daughter Anna Melissa Baines in Belton in Bell County until he died of malaria on his 73rd birthday. Baines is interred in Salado in Bell County. Joseph Wilson Baines, one of the ten children of George and Melissa Baines, was the father of Rebekah Baines Johnson, the mother of Lyndon B. Johnson.
The Fairfield church in Freestone County honored former pastor Baines with an historical marker unveiled in 1965.
Lyndon Johnson attended the 125th anniversary of the First Baptist Church in Minden in the fall of 1969, when the churched particularly honored the memory of LBJ's great-grandfather.
The George Washington Baines House has been restored and operates as the popular Baines House Bed and Breakfast Inn in Salado.
The contents of this page are sourced from Wikipedia article. The contents are available under the CC BY-SA 4.0 license.
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« Is your G.P. doing enough for your diabetes?
I learned something today. I don't know why I didn't know this, but I didn't. A lovely lady who sells private healthcare insurance advised me that most private healthcare insurance companies will not take on a patient diagnosed with diabetes. Those that do exempt anything to do with diabetes. So you are highly unlikely to be covered for any diabetes-related condition on private healthcare insurance.
If you are already a private healthcare customer, you'll be covered for the initial investigations and diagnosis. But once you develop the condition your insurance company will either wave you goodbye, or seriously limit your cover to exempt anything diabetes related.
With a failing NHS diabetes care service I expect many might think that private healthcare is an option to get enhanced care? It isn't!
I was truly shocked! I hadn't realised that once you are diagnosed with diabetes it's largely over to you!
Once you are diagnosed the responsibility is all yours! What will you do with your responsibility?
This entry was written by rebalancediabetes, posted on July 23, 2014 at 10:00 am, filed under RebalanceDiabetes. Bookmark the permalink. Follow any comments here with the RSS feed for this post. Post a comment or leave a trackback: Trackback URL.


There's nothing better than a delicious slice of pizza, right? Right. But how about an entire pizza with Tom Ford's face on it? Or Anna Wintour's? And it's all still edible. Well, they exist, and they're pretty awesome.
Glasgow-based restauranteur Domenico Crolla has created this food art, taking his favorite fashion designers and personalities, as well as celebrities and putting their faces on the dough using cheese and tomato sauce. Crolla is the owner of two Italian restaurants, Bella Napoli and Pizza Couture, and got his start working for his father. He told Fashionista that he's always "had an artistic eye" for arranging his food on a plate, and that, naturally as with most chefs, he likes to show off his food. But it wasn't until one day, "almost by accident" he says, that while working on a pizza he realized he could "create shapes, logos, and faces on a pizza." Alas, the Ford and Wintour pizzas were born (in the oven).
In addition to Ford and Wintour, he's also done Rihanna, Beyoncé, Dita Von Teese, Cristiano Ronaldo the Pope, Bruce Lee, and the composer Giuseppe Verdi, all of whom, save for the last three mentioned, responded to Crolla and thanked him for the pizzas. "I even made Dita Von Teese go 'WOW!' Not a lot of men can make that claim," he told Fashionista. He's just waiting for Ford to reach out. When he does, Crolla plans on asking the designer for a Tom Ford Couture Chef's Jacket.
As of right now, the pizzas aren't for sale. "These are for me works of art, and I don't think a customer will appreciate the time and skill involved," says Crolla. But he admits there is increasing demand for them, so he's considering doing special requests with all proceeds going to charity.
Follow Crolla on Instagram to check out the rest of his work.


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News | Health | Health | Health | Feb 25, 2015
Veterans Affairs Department Struggles to Complete Much-Needed Medical Facilities
Dori Molozanov
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Delays in several large construction projects raise concerns about agency mismanagement.
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The U.S. Department of Veterans Affairs (VA) has increased costs and delayed schedules for some of its largest construction projects in its continued struggle to keep pace with veterans' needs.
A recent report from the U.S. Government Accountability Office (GAO) at least partially attributes mismanagement of a major project in Denver to the VA's failure to follow its own policies and procedures. In response to concerns from the construction industry about poor planning in federal building projects, the VA attempted in 2012 to implement a new Integrated Design and Construction (IDC) method, which involves consulting with a contractor early in the design process "to identify any potential problems early" and "ensure a well coordinated effort in designing and planning a project."
However, in April 2013, the GAO found that the VA failed to adopt the IDC method for the Denver project. Instead, the VA hired a contractor after the initial plans had been drawn, and then decided to adopt the IDC method mid-project. The GAO later found that although "some cost increases and schedule delays result from factors beyond [the] VA's control," there were identifiable "weaknesses in [the] VA's construction management processes." Additionally, the VA itself admits that its failure to involve the contractor in the design phase necessitated changes later on, which increased costs and led to schedule delays.
In December 2014, more than a year after local veterans gathered at the Denver job site to protest the VA's delay in building a much-needed and long-awaited medical facility, the U.S. Civilian Board of Contract Appeals ruled that the VA had breached its contract by failing to provide a design that could be built within budget. The court also found that the VA failed to adhere to its IDC method, despite having contracted to do so. According to the ruling, the contractor had urged the importance of his early involvement in the design process, but the VA's project management plan states that it was reluctant to adopt this "new contracting approach" because the agency's culture "does not encourage or is [not] comfortable with new approaches."
Construction delays are not limited to Denver. Projects in Las Vegas, New Orleans, and Orlando scheduled for completion over the last five years have been delayed by anywhere from 14 to 86 months. Construction costs have exceeded initial estimates by 66 to 144 percent. The GAO's report identifies the Denver project as having the highest cost increase — the initial estimate of $328 million increased to $800 million as of November 2012, and the contractors indicated last year that costs might still continue to rise.
The VA has undergone significant attempts at reform over the last six months under Secretary Robert A. McDonald, who succeeded former Secretary Eric Shinseki last year. Shinseki resigned shortly after the VA Office of Inspector General (OIG) released a report exposing agency mismanagement and record falsification designed to conceal wait times for veterans seeking care. The OIG findings were published around the same time that news reports surfaced of veterans who died while waiting for VA appointments.
Shortly after Shinseki's resignation, President Obama signed the Veterans Access, Choice, and Accountability Act of 2014, allocating more than $16 billion to help the VA improve access to medical care. The Act required the VA to create a Veterans Choice Program, which it did at the end of last year, so that veterans experiencing significant wait times can seek care from non-VA providers. The Act also provided for hiring of additional doctors and medical staff, and leasing of additional facilities.
The problems associated with planning and executing the construction projects predate those changes at the VA. In April 2013, the GAO first issued a report that included recommendations on how the VA could improve its management of its 50 major medical facility construction projects. The report from April 2013 highlighted factors contributing to cost increases and schedule delays, including the agency's reliance on inexperienced staff, rather than outside specialists, to make decisions on medical equipment and planning; disorganized and insufficient communications with construction contractors; and the VA's complicated internal procedures for processing and approving construction contract changes.
The GAO's most recent report concludes that the VA has implemented the April 2013 recommendations in several of its ongoing projects, although the VA was unable to provide the GAO with complete information about cost estimates and scheduling. Despite these improvements and Secretary McDonald's reform efforts, critics point to these unfinished medical facilities as examples of widespread agency mismanagement. According to the GAO's new report, the VA's own Construction Review Council, which the agency established in 2012 to oversee these types of projects, found that "the challenges identified on a project-by-project basis were not isolated incidents, but were indicative of systemic problems facing [the] VA."
Critics of the VA argue that such deficiencies in planning, organization, and communication between agency officials and private contractors waste millions of dollars — money that could instead be spent on providing timely access to health care for veterans already experiencing treatment delays.
Tagged: Department of Veterans Affairs, GAO
Analysis | Process | Process | Process Jan 13, 2021
A Primer on Midnight Regulations
Hannah Leibson
As Biden's inauguration approaches, regulators race against the clock to finalize rules.
Opinion | Health | Health | Health Nov 11, 2020
Relieving the Grieving
Emily Galik
President Trump should allow the federal government to help Americans facing the funeral costs of COVID-19 victims.
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Current Law Helps Shield Attorney General From Independent Review
Allie Gottlieb
A government watchdog office needs authority to investigate issues related to federal prosecutions.
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Watch This: 5 Must-See Plant Videos
Watching plants grow is the definition of painfully dull. But through the power of Youtube, you can be entertained by seeing amazing videos of how plants grow and pick up a few insights that will help you be more successful with your indoor garden. Here are a handful of fascinating clips that caught our attention.
1) 4-Minute Guide to Clones and Cloning
See the simple, easy-to-follow steps to creating new plants from cuttings for small, indoor gardens. Don't miss: The key details on temperature and humidity that ensure success.
2) 30 Day Basil Time Lapse
See a month of growth in a hydroponic garden compressed to 3:41 minutes. Don't miss: The addition of the monitor at around 3:00 shows how high the ambient CO2 rises as the plants grow.
3) Xylem and Phloem
Though the title sounds like the name of a TV cartoon for adults, this video uses animation to show the inner workings of plants. Don't miss: The explanation about how the nutrients you provide for your indoor crops are absorbed and move through plants.
4) 10 Plants That Could Kill You
Several of the species mentioned in this rundown of lethal plants are commonly found in home gardens Don't miss: The detailed descriptions of the agonizing outcomes that result from contact with these plants.
5) Unbelievable Footage of Exploding Plants
No dynamite is used and no plants are harmed in this slo-mo clip of plants that disperse their seeds through propulsion. Don't miss: When a little tap jars the ripe squirting cucumber, a geyser of fluid and tiny seeds shoot into the air.
Your Plant Videos
Do you make any plant videos from your garden or hydroponic farm? We would love to see them. Tell us about them on Facebook and we may feature them in a future video collection. Also, don't forget to subscribe to our online newsletter, where we regularly offer helpful articles like this one and and links to the OMRI Listed® products you need.


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PhD Studentship in Vascular Medicine, University of Nottingham, UK
Berikut ini Universitasswasta.com menyajikan informasi tentang PhD Studentship in Vascular Medicine, University of Nottingham, UK sebagai berikut:
Predictors of responders to non-responders with DPP-IV inhibitor and association between oral antidiabetic use with hypoglycaemia and cardiovascular outcome
Supervisors: Dr Iskandar Idris & Professor Richard Donnelly
Applications are invited from highly motivated individuals for the above studentship, based at the School of Graduate Entry Medicine and Health at the Royal Derby Hospital.
Dipeptidyl peptidase IV (DPP-IV) inhibitor is a novel glucose lowering agent increasingly used in the United Kingdom for the management of hyperglycaemia in patients with type 2 diabetes. Evidence from clinical trials suggest that this class of drugs may offer advantage over other oral glucose lowering therapy due to reduced risks of hypoglycaemia and neutrality effect on patients body weight. Guidelines from the National Institute of Clinical Excellence (NICE) have recommended for DPP-IV inhibitor to be considered as a second or third line drug for patients with type 2 diabetes, particularly where there are concerns about patients risk of weight gain or hypoglycaemia.
Despite this, the uptake of DPP-IV inhibitor in the UK is patchy. This is possibly due to the ongoing uncertainties of the clinical benefits of DPP-IV inhibitor in real world clinical practice as well as its place amongst other more established oral glucose lowering therapies. Evidence from meta-analysis of DPP-IV inhibitor suggests that low baseline HbA1c is the best predictor for achievement of A1c target whilst experimental data has shown DPP-IV inhibitor preserves beta cell mass and function. We would therefore postulate that DPP-IV inhibitor is most affective when introduced early during the course of diabetes. Furthermore, UK 'real world' data on the risks of hypoglycaemia between different oral glucose lowering agent which incorporate DPP-IV inhibitor usage is not available. The latter is particularly important given the recent debates about the risks of cardiovascular events in patients with increased risks of hypoglycaemia or with very low HbA1c values. Since diabetes is a progressive disease, combination therapy is widely used to achieve optimal glucose levels. Consequently, studies to investigate the role of individual glucose lowering therapies on their risk of developing CVD events are fraught with significant confounders and treatment bias. Furthermore, such studies do not reflect 'real world' medicine where dual, triple or quadruple therapies are often used with or without insulin to achieve target glucose levels.
Utilising data from a well- validated UK primary care electronic database will enable us to gain new insights into the CVD outcomes for different combination glucose lowering therapies, their appropriate place in the guidelines for managing hyperglycaemia in patients with type 2 diabetes as well as the association between oral antidiabetic drugs (OAD), risks of hypoglycaemia, Hba1c levels and adverse cardiovascular outcomes. The major difficulty for observational studies to provide reliable information on cardiovascular events however relates to the ability of primary care research database to balance measured and unmeasured confounders due to not having rigorous inclusion, exclusion criteria and exposure definitions. Several well documented examples exist where results from observational studies were reported to be misleading. To overcome this, we will use a recently validated method enhance the validity of the results.
Students should have, or will expect to attain at least a masters or a degree in either public health, epidemiology or health related sciences. In addition the candidate should have a good understanding of statistics, mathematics or computer science. This studentship is available for a period of 3 years and provides a stipend of £13,590 per annum. Due to funding restrictions this studentship is available to UK/EU citizens only. Non UK/EU citizens are welcome to apply but the grant will not cover the additional international fees.
For further information or for any questions, please contact Dr Iskandar Idris, Iskandar.Idris@nottingham.ac.uk. Please note that applications sent directly to this Email addresses will not be accepted.
Application forms are available from Mrs S Rougeolle, School of Graduate Entry Medicine & Health, University of Nottingham, Royal Derby Hospital, Uttoxeter Road, Derby, DE22 3DT. Tel: 01332 724618. Email: sue.rougeolle@nottingham.ac.uk.
Reference : MED1126
Radcliffe Department of Medicine PhD Scholarship, University of Oxford, UK
PhD Position, Faculty of Veterinary Medicine, Utrecht University, Netherlands
12 PhD Studentships at Bloomsbury Colleges London
PhD Position: Physicochemical Characterization in Biological Media of Nanomedicines for Gene Therapy by Advanced Light Microscopy
PhD Studentships in Psychology, Cardiff University, UK
Demikian kami sampaikan tentang PhD Studentship in Vascular Medicine, University of Nottingham, UK semoga informasi tentang PhD Studentship in Vascular Medicine, University of Nottingham, UK ini bermanfaat.
Pencarian:medicinenottinghamstudentshipuniversityvascular


To spread the word about the orchestra and our mission, the Duke Medicine Orchestra has commissioned NY-based composer Michael Markowski to transcribe his beautiful work City Trees for us. Michael will join us for the premiere here in Durham and will be able to share his inspiration for the work. Local artist Clara K Johnson is designing three art works to go with the City Trees theme of our concert and will display her artwork in the lobby of Baldwin Auditorium at the concert.
Michael and Clara will give a give a pre-concert talk at 7pm, and the concert will begin at 7:30pm. The concert program also includes España by Chabrier, the overture from Hänsel and Gretel by Humperdink, and the Grand Canyon Suite by Grofé.
The concert and talk are free and open to the public.


Catamaran Charters are our most popular type of charter and for good reason. They are a multi-hulled vessel are fantastic both for amateur and experienced sailors, as they provide a stable and enjoyable voyage where you can give a helping hand or let the crew do what they love! Catamarans are the ultimate yact for offering the combination of true freedom and authentic sailing with the contemporary comfort of a luxury motor yacht. You can charter a catamaran in a number of destinations, including the BVI, Croatia, Italy, Greece and the Bahamas and more!
Reduced seasickness (More stability than a monohull). See more tips about how to reduce seasickness.
Easier to navigate in shallow water which means anchoring closer to beaches than most boats!
The founder of Boatbookings loves to charter catamarans, and has most recently chartered a crewed catamaran in the BVI - take a look at his blog here!
Depending on the type of sailing you want to do, we offer a choice of both bareboat (no crew - you sail it yourself) or crewed catamarans. We recommend a crewed catamaran if you want a relaxing holiday where you can kick back and relax whilst your competent crew navigate your itinerary and are attentive to your needs. Crewed catamarans generally come with a knowledgeable skipper and hostess, so they helm, maintain, clean and cook on the yacht.
If you want the thrill of sailing and are experienced enough to skipper yourself, a bareboat catamaran is most suitable. Bareboating a catamaran with 2-3 couples can make for an amazing holiday when you have qualified sailors in the group, and the rest are willing to pitch in. This is where you can enjoy the true freedom of yachting, through planning your own route, having the boat to yourself and your group, and control of your own holiday! Note, you will generally need to show a certificate of sailing competence or documentation of previous charters to charter bareboat.
Boatbookings has an extensive array of catamarans that cater to a variety of needs. We listen to your requirements, recommend a selection of catamarans that fit, and then narrow it down to the best choice for you. In many cases, we've been on the boat and know the crew and charter operator on a first name basis. We provide unbiased advice because we don't actually own the boats, therefore we don't have to "push" one that may not suit. We are your personal charter agent - our service is free and the price is guaranteed best, moreover you have no obligation until you sign a contract.
There are two easy ways to get started with us, simply click below to see our catamarans and then narrow the search with the filter options, or simply ask us to do it by clicking the button on the right. We look forward to working with you and organising a memorable catamaran trip!
It is the interior space and layout of a catamaran that distinguishes it from other yachts. Below are the layouts of some of our most popular catamarans to give you a good feel for the comparative floor plans, living and sleeping space in order to help you determine the right catamaran for you.
Each cabin has excellent privacy, either sharing a head with one other, or each having an ensuite.
Larger catamarans, of around 52' and above are known to have 5 or 6 cabins for guests, as well as addditional 'hidden' cabins for crew.
You can easily search for catamarans in specific locations by "number of cabins" desired on our search page to see all of our boats available with the number of cabins you require. Alternatively, you can also search for the "number of passengers" (make sure if you want a skipper that you count him/her as a passenger).
Now that you know the basics - click on the links below to find the catamaran for you in your region! As always, we can do the work for you if you send us an email at charter@boatbookings.com.
For further information about Charter Destinations or Yacht Chartering click below.
See our selection of Luxury Crewed Catamarans Enquire Now!


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SSR drops surname after Karni Sena attacks SLB!
Updated Jan 30, 2017 | 09:07 IST | Bindiya Chotrani
The actor wanted to send across the message that he does not represent people from the community who employed violence as a means to show their disapproval.
Filmmaker Sanjay Leela Bhansali was on Friday roughed up by members of Karni Sena, who stopped the shooting of his film Padmavati at Jaigarh Fort by vandalising the set, alleging distortion of facts in the movie. Reportedly, Bhansali was slapped, his clothes torn and his hair pulled in the chaos that ensued, even as his security tried their best to bring the situation under control.
It didn't take time for the entire industry to come out in full throttle condemning the fiasco. Right from Anurag Kashyap, Priyanka Chopra & Kabir Khan to Sonam Kapoor, Karan Johar & Ashutosh Gowariker - members of the Bollywood fraternity expressed solidarity.
Kai Po Che actor Sushant Singh Rajput also removed his surname on Twitter 'for a day' to show solidarity with the filmmaker who was assaulted by the Karni Sena activists, an organisation of the Rajput community.
He said, "Yes, I did it for a day to show that the unfortunate action is not what everyone with that surname endorses. They do not represent the entire Rajputs. There are ways to express your ideas, but violence is never an answer, and that too just on mere speculation."
However, the actor clarified that he will not change his name for good and it was only his way to register protest.
"I am not changing my name, that was a way to express that I don't endorse the view of a particular group which claims to be the representative of entire Rajputs and probably India."
This isn't the first time Karni Sena has attacked a film. Earlier, Ashutosh Gowarikar faced the group's wrath during Jodhaa Akbar's shooting.
Filmmaker Karan Johar responds to NCB's notice says, "No drugs used"
Green signal for cryptocurrency, India-Thailand highway: A recap of Supreme Court verdicts from 2020


All day I thought about the questions I would ask MC Lars and Mega Ran, two of my favorite rappers. I had already contacted both via social media and requested an interview, and both were game despite some obvious barriers (noise, crowd, other fans, merch sales). I thought, fruitlessly, about the interview questions at work, during the long drive to LA, and in line for admission, drinks, and finally merch and chatting. I observed Lars and Ran, the way they spent a lot of time on each fan. My interviews would be just fine, so long as I had some good questions to ask.
I gave him a look that, well, adequately transmitted my confusion.
I stammered my way out of the conversation. I didn't need any more convincing to drop the whole interview idea. Thankfully, Lars and Ran were gracious, and I had the opportunity to tell both how much I enjoyed their latest albums. Lars asked me about my career and was genuinely interested. He also remembered when I showed him my MA thesis, which had a verse of one of his songs as the epigraph. Ran not only remembered my review of his album RNDM; he said it was his favorite review. When I tweeted that he dug the review (not wanting to presume too much), he replied to the world that it was his favorite. In dropping the Important Blogger façade, I got way more than I gave, way more than I expected.
Here's an uncomfortable confession: writing for Mockingbird is a gift that was first extended to me last year, but I have spent more time constructing elaborate, self-aggrandizing concepts than I have writing. As a result, more and more time has separated my contributions. This has generally made me miserable, not fulfilled. I am not saying that I need to write only out of pure, spiritual abandonment. Ambition accompanies any writing project that I undertake. I am saying, however, that the gift turned to greed in the hours before the Lars + Ran show. I wanted something from them so I could improve my nerdcore-hip-hop creds and my blogging creds and my future famous writer of America creds.
All of this is to say: the actual music is a gift. The performance itself might be a gift, too, depending on the venue payout. I receive something that contributes to my happiness from the many artists I listen to—mostly, for free. Yet for hours before the concert I had so looked forward to, I was scheming to get something more from Lars and Ran. So I repent, and I give thanks for the voice of God spoken to me by a fellow concert-goer offering me a drink to just loosen up.


09:24 AM - Assassin Ben quoted corny in post Math Hoffa's brother has cancer.
Stoned Ape Theory How so?
02:36 AM - Assassin Ben quoted HinduRock in post Can I get my red name now?
02:41 PM - Assassin Ben quoted HinduRock in post Can I get my red name now?


The Sport Dimension v. Coleman case continues the Circuit's recognition of the significance of design patents, even as to functional features. Man Machine reminds the PTO that even under broadest reasonable interpretation, claim construction must be based on the claims and specification. Mankes remands the grant of judgment on the pleadings that was decided based on the law as it was prior to the latest en banc decision in Akamai.
Sport Dimension's Body Glove® Model 325 accused personal flotation device is shown below.
The accused personal flotation devices, like Coleman's design, have two armbands connected to a torso piece. But, unlike Coleman's design, the torso section in the Body Glove® device extends upwards to form a vest that goes over a person's shoulders.
The ornamental design for a personal flotation device, as shown and described in Figures 1-8, except the left and right armband, and the side torso tapering, which are functional and not ornamental.
In light of this order, Coleman moved for entry of judgment of noninfringement so that it could appeal the claim construction.
Words cannot easily describe ornamental designs. A design patent's claim is thus often better represented by illustrations than a written claim construction. Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008) (en banc). Also, detailed verbal claim constructions increase "the risk of placing undue emphasis on particular features of the design and the risk that a finder of fact will focus on each individual described feature in the verbal description rather than on the design as a whole." Id. at 680.
Even so, we have often blessed claim constructions where they helped the fact finder "distinguish between those features of the claimed design that are ornamental and those that are purely functional." Id. Of course, a design patent cannot claim a purely functional design—a design patent is invalid if its overall appearance is "dictated by" its function. But as long as the design is not primarily functional, the design claim is not invalid, even if certain elements are functional. That is because a design patent protects an article of manufacture, which necessarily serves a utilitarian purpose. A design may contain both functional and ornamental elements, even though the scope of a design patent must be limited to the ornamental aspects of the design. Where a design contains both functional and nonfunctional elements, the scope of the claim must be construed in order to identify the non-functional aspects of the design.
In OddzOn Prods., Inc. v. Just Toys, Inc., 122 F.3d 1396 (Fed. Cir. 1997), Ethicon Endo-Surgery, 796 F.3d 1312 (Fed. Cir. 2015), and Richardson v. Stanley Works, Inc., 597 F.3d 1288 (Fed. Cir. 2010), we construed design patent claims so as to assist a finder of fact in distinguishing between functional and ornamental features. But in no case did we entirely eliminate a structural element from the claimed ornamental design, even though that element also served a functional purpose.
The construction in this case conflicts with that principle of design patent claim construction because it eliminates whole aspects of the claimed design. In its construction, the court improperly excluded the left and right armband and the torso side tapering. The court explained that the armbands and tapered torso "serve a functional rather than ornamental purpose," and excluded them from the claim scope.
Coleman disputes the court's ultimate construction and its finding that the armbands and tapered torso are functional. While we agree with Coleman that the court's ultimate construction was improper under our law, we disagree with Coleman's assertion that the armbands and side torso tapering do not serve a functional purpose. As the district court correctly pointed out, Coleman's armbands and tapered side torso designs meet several of the factors we announced in PHG Technologies, LLC v. St. John Cos., for determining whether a design claim was dictated by function, including: "whether the protected design represents the best design; whether alternative designs would adversely affect the utility of the specified article; whether there are any concomitant utility patents; whether the advertising touts particular features of the design as having specific utility; and whether there are any elements in the design or an overall appearance clearly not dictated by function." 469 F.3d 1361 (Fed. Cir. 2006). Although we introduced these factors to assist courts in determining whether a claimed design was dictated by function and thus invalid, they may serve as a useful guide for claim construction functionality as well.
Applied here, the PHG factors indicate that the design patent's armbands and side torso tapering serve a functional purpose. For example, the district court examined alternative personal flotation device designs and concluded that Coleman's armband and torso tapering represented the best available design for a personal flotation device. The court found that Coleman filed a co-pending utility patent disclosing the design patent's armbands and torso tapering and touting the utility of those features. And it found Coleman to have promoted the particular utility of the armbands and tapered torso in its advertisements. We do not disagree with these findings. Nor do we disagree with the district court's conclusion that the armbands and tapered side torso serve a functional purpose.
Nonetheless, even though we agree that certain elements of Coleman's design serve a useful purpose, we reject the court's ultimate claim construction, which eliminated the armbands and side torso tapering from the claim entirely, so its construction runs contrary to our law. Here, as in Ethicon, "the district court's construction of the Design Patents to have no scope whatsoever fails to account for the particular ornamentation of the claimed design and departs from our established legal framework for interpreting design patent claims." Moreover, design patents protect the overall ornamentation of a design, not an aggregation of separable elements.Richardson (noting that "discounting of functional elements must not convert the overall infringement test to an element-by-element comparison"). By eliminating structural elements from the claim, the district court improperly converted the claim scope of the design patent from one that covers the overall ornamentation to one that covers individual elements. Here, the district court erred by completely removing the armbands and side torso tapering from its construction.
We thus look to the overall design of Coleman's personal flotation device to determine the proper claim construction. The design includes the appearance of three interconnected rectangles, as seen in Figure 2. It is minimalist, with little ornamentation. The design includes the shape of the armbands and side torso tapering, to the extent that they contribute to the overall ornamentation of the design. But the armbands and side torso tapering serve a functional purpose, so the fact finder should not focus on the particular designs of these elements when determining infringement, but rather focus on what these elements contribute to the design's overall ornamentation. Because of the design's many functional elements and its minimal ornamentation, the overall claim scope of the claim is accordingly narrow. See Ethicon Endo-Surgery (endorsing a "limited" claim scope for a design with functional elements).
We therefore reject the district court's claim construction, vacate the stipulated judgment of noninfringement, and remand for consideration of infringement and, if necessary, validity consistent with the proper claim construction. In turn, nothing in this opinion should foreclose any pre-trial resolution of the infringement issue that is otherwise substantively and procedurally appropriate.
Coleman also challenges the district court's exclusion of its expert, Peter Bressler. District court judges perform a gatekeeping role for expert testimony. They must ensure that expert testimony is reliable and that the testimony relates to scientific, technical or other specialized knowledge, which does not include unsubstantiated speculation and subjective beliefs. The district court here excluded Mr. Bressler, an industrial design consultant with four decades of industry experience, because he had "no experience in the field of personal flotation devices." In light of his admitted unfamiliarity with the very subject on which Coleman sought to rely on his testimony, the court did not abuse its discretion in excluding his testimony.
Man Machine's '614 patent is directed to a remote control device for making selections on television or computer screens. Claim 1 recites that the body of the device be "adapted to be held by the human hand," and a multi-function "thumb switch [that is] adapted for activation by a human thumb." The thumb switch, which controls cursor movement and object selection on the screen, includes an annular switch (4) including four switches that surround a center switch (3), as shown below in Figure 2A.
A third party requested ex parte reexamination, which the PTO granted. The examiner rejected the claims as anticipated and obvious, relying primarily on a Japanese '634 patent, which discloses a deskbound mouse and a "cursor locking key" surrounded by four "cursor moving keys" operable by a user's finger to control cursor movement on a screen.
The examiner construed the claim term "adapted to be held by the human hand" in the '614 patent broadly to include various "forms of grasp or grasping by a user's hand," such as the grasping of the mouse disclosed in JP '634. The examiner similarly interpreted the claim term "thumb switch" broadly, as "merely requiring that a switch be capable of being enabled/activated by a thumb but not precluding another digit, i.e. index finger." Based on this broad claim interpretation, the examiner rejected claim 1 as anticipated by JP '634 and other claims as obvious by JP '634 in combination with one or more secondary references. Man Machine appealed to the Board, which affirmed the examiner's rejections. The Board emphasized that "Appellant has not cited to a definition of 'a body adapted to be held by the human hand' or 'thumb switch' in the specification that would preclude the Examiner's broader reading."
In this case, "because the intrinsic record fully determines the proper construction, we review the Board's claim constructions de novo." Microsoft Corp. v. Proxyconn, Inc., 789 F.3d 1292 (Fed. Cir. 2015). In reexamination, claims are given their broadest reasonable interpretation ("BRI"). "While the Board must give the terms their broadest reasonable construction, the construction cannot be divorced from the specification and the record evidence." In re NTP, Inc., 654 F.3d 1279 (Fed. Cir. 2011).
We have noted that the phrase "adapted to" generally means "made to" or "designed to" though it can also be used more broadly to mean "capable of" or "suitable for." Here, "adapted to," as used in the patent, has the narrower meaning, viz., that the claimed remote control device is designed to be held in the human hand and the thumb switch is made or designed for activation by a human thumb. The '614 specification describes how the body of the remote control device is preferably elongated and rounded to be held in the hand. It further describes how the hand "with the help of palm and its fingers grips the remote control device body." The specification also discusses that "the index finger switch is positioned on the opposite side of the thumb switch, to naturally align with the index finger position when the remote control device is held in the hand." Moreover, the specification expressly distinguishes the remote control device from a desk-bound device like the one disclosed in JP '634. The BRI of a claim term cannot be so broad as to include a configuration expressly disclaimed in the specification.
Based on the language in the specification, we reject the Board's unreasonably broad construction and construe "adapted to be held by the human hand" to mean "designed or made to be held by the human hand." The proper understanding of "adapted to be held by the human hand" would not include gripping a desk-bound device such as, for example, the desk-bound mouse disclosed in JP '634.
Similarly, we reject the Board's overly broad construction of "thumb switch being adapted for activation by the human thumb." Claim 1 expressly requires a thumb switch, not a finger switch; the Board's construction ignores the term "thumb" in "thumb switch." And the claim goes on to further require that the thumb switch be "adapted for activation by a human thumb."
The Board also erred by not interpreting "thumb switch" in light of the specification. This court's cases on BRI make clear that the proper BRI construction is not just the broadest construction, but rather the broadest reasonable construction in light of the specification. Proxyconn ("A construction that is unreasonably broad and which does not reasonably reflect the plain language and disclosure will not pass muster."). Here, the summary states that the thumb switch is a "slightly bigger than thumb size circle or oval that is contoured to the contours of a thumb." The specification repeatedly refers to the multi-function switch as a "thumb switch." And the specification repeatedly refers to pressure applied to the thumb switch as "thumb pressure." Activation of the switch by another finger is simply not contemplated by the '614 patent's written description. Thus we reject the Board's unreasonable construction, instead construing "thumb switch being adapted for activation by a human thumb" in view of the specification to mean "thumb switch being made or designed for activation by a human thumb."
A patent is invalid for anticipation under 35 U.S.C. § 102 if a single prior art reference discloses each and every limitation of the claimed invention. JP '634, teaching a desk-bound device with a switch activated by a user's palm or finger, does not disclose the properly construed claim limitations "adapted to be held by the human hand" and "thumb switch being adapted for activation by a human thumb." We thus reverse the Board's finding that JP '634 anticipates claim 1 of Man Machine's '614 patent.
The examiner also rejected the claims as obvious over JP '634 in combination with Florin, which discloses a remote control body that is held by a human user. Florin also teaches a center button activated by a human thumb. While Florin's thumb switch may not include the claimed "annular switch including only four switches and the cover plate covering the four switches," JP '634 discloses an annular switch made of four switches covered by a cover plate that controls cursor movement. The examiner relied on evidence from the request for reexamination showing a motivation to combine Florin and JP '634: "In the same field of endeavor of interactive cursor controls, the combination of JP '634 with Florin is no more than a known base system (Florin) combined with a known improvement."
Obviousness is a question of law based on underlying factual findings that are reviewed for substantial evidence, including what a reference teaches and whether there would have been sufficient motivation to combine the prior art. Even under the proper, narrower construction of "adapted to be held by the human hand" and "thumb switch adapted for activation by a human thumb," substantial evidence supports the Board's factual findings underlying its obviousness determination. Based on these factual findings, we agree that claims 1, 4, 8, and 10 would have been obvious over the combination of Florin and JP '634.
Mankes sued Vivid and Fandango, alleging that their operation of Internet-based reservation systems, in conjunction with the operation of local reservation systems by movie theaters and other entertainment venues, infringes his '503 patent directed to methods for managing a reservation system that divides inventory between a local server and a remote Internet server. Because it is undisputed that no one person performs all of the steps of the method claims, Mr. Mankes's case depends on establishing what has been called "divided infringement."
When Mr. Mankes filed his complaints, the law relating to divided infringement was in the midst of a multiyear process of active judicial reconsideration, including by this court sitting en banc and by the Supreme Court. This court had granted en banc review to address the standards for direct-infringement liability for divided infringement but, in its decision, had left existing direct infringement standards in place without reconsidering them, while providing an independent inducement basis for divided-infringement liability. Akamai Techs., Inc. v. Limelight Networks, Inc., 692 F.3d 1301 (Fed. Cir. 2012) (en banc) (Akamai II). By mid-2014, however, the Supreme Court had reversed Akamai II, held that divided infringement liability of the sort at issue here requires some person to be liable for direct infringement under 35 U.S.C. § 271(a), and remanded for possible reconsideration of direct-infringement standards by this court. Limelight Networks, Inc. v. Akamai Techs., Inc., 134 S. Ct. 2111 (2014) (Limelight).
In early 2015, the district court in the present cases, applying the law on direct-infringement liability as it then stood, concluded that Mr. Mankes's allegations are insufficient to establish direct infringement under § 271(a), and on that basis the court granted judgments on the pleadings for Vivid Seats and Fandango. When Vivid Seats thereafter sought attorney's fees against Mr. Mankes under 35 U.S.C. § 285, the court denied the request, finding the case not to be exceptional, a prerequisite to a fee award under § 285. Mr. Mankes has appealed the merits judgments against him, and Vivid Seats has appealed the denial of fees.
During the briefing on the merits appeal here, the legal standards applied by the district court were first reinforced, then revised, by further decisions of this court in the Akamai-Limelight case. In Akamai Technologies, Inc. v. Limelight Networks, Inc., 786 F.3d 899 (Fed. Cir. 2015) (Akamai III), a panel of this court, on remand from the Supreme Court, rejected direct-infringement liability for Limelight—as had the initial panel in the case in 2010, Akamai Techs., Inc. v. Limelight Networks, Inc., 629 F.3d 1311 (Fed. Cir. 2010) (Akamai I), and the en banc court in 2012, Akamai II. The Akamai III panel reasoned that Limelight did not direct or control its customers' performance of claim steps, that its customers were not agents for Limelight, and that Limelight and its customers did not together constitute a joint enterprise (whose members can be charged with each other's acts in the enterprise).
Three months later, however, the en banc court vacated Akamai III and decided Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir. 2015) (en banc) (Akamai IV), cert. denied, 2016 WL 442440 (U.S. Apr. 18, 2016). The en banc court changed the result in the Akamai-Limelight case, now ruling against Limelight and for Akamai. The court did so by broadening the circumstances in which others' acts may be attributed to an accused infringer to support direct infringement liability for divided infringement, relaxing the tighter constraints on such attribution reflected in our earlier precedents and in the three previous rulings for Limelight on direct infringement. See Muniauction, Inc. v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008); and BMC Res., Inc. v. Paymentech, L.P., 498 F.3d 1373 (Fed. Cir. 2007). The en banc court concluded that attribution is proper in a joint-enterprise setting, and it also articulated a standard that permits liability "when an alleged infringer conditions participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishes the manner or timing of that performance." Akamai IV. The court added: "In the future, other factual scenarios may arise which warrant attributing others' performance of method steps to a single actor. Going forward, principles of attribution are to be considered in the context of the particular facts presented." And the court stated: "To the extent our prior cases formed the predicate for [Akamai III], those decisions are also overruled."
We need not say how much broadening occurred in Akamai IV. In the present cases, the district court's rulings and the arguments of Fandango and Vivid Seats to the district court were squarely based on the earlier, narrower standard. We vacate the judgments on the pleadings against Mr. Mankes and remand for further proceedings in light of Akamai IV.
We affirm the denial of attorney's fees to Vivid Seats. Not only is Vivid Seats no longer a prevailing party (given our vacatur of the judgment in its favor), but we readily conclude that the district court did not abuse its discretion in deeming the case not to be exceptional even under the state of the law before Akamai IV. Mr. Mankes rested his case on reasonable arguments for adjustment of legal standards that this court had already granted en banc review to consider inAkamai II and that remained in play, as indicated by Akamai II's postponing reconsideration of those standards, by Limelight's remand, and, ultimately, by Akamai IV's adoption of broadened standards. In these circumstances, the district court did not err in refusing to deem unreasonable Mr. Mankes's pursuit of this case to date.
In these cases, filed in October 2013, Mr. Mankes has alleged that Vivid Seats and Fandango infringe the '503 patent by operating Internet-based reservation systems for reserving, buying, and selling tickets to movies, sporting events, and concerts. He has admitted that Vivid Seats and Fandango do not themselves perform every step of the claims. He has urged a finding of divided infringement, however, on the asserted ground that local entertainment venues perform the remaining steps.
When these suits began, divided-infringement law was in flux, as reflected in the developments in the case brought by Akamai against Limelight. In 2010, a panel of this court had held that Limelight could not be held liable for direct infringement, applying Muniauction and BMC. Akamai I. But in 2011, this court granted en banc review. Akamai Techs., Inc. v. Limelight Networks, Inc. In the 2012 en banc decision, Akamai II, the court left the rejection of direct infringement in place without revisiting existing standards, but held that inducement under § 271(b) might be established even if no person could be held liable for direct infringement. That was the state of the law in 2013 when Mr. Mankes brought these suits. The Supreme Court, however, had already invited the Solicitor General to express the views of the United States on Limelight's certiorari petition seeking review of Akamai II.
When the Supreme Court granted certiorari, the parties in the present cases, recognizing that the Court might alter the legal landscape, asked the district court for a stay of proceedings, and the court obliged. Then, in June 2014, the Supreme Court decided Limelight, eliminating the independent inducement option and remanding with the observation that "the Federal Circuit will have the opportunity to revisit the § 271(a) question if it so chooses." After that decision, the district court in the present cases put off deciding whether to lift the stays until this court, on remand from the Supreme Court in the Akamai-Limelight case, decided whether once again to hear the matter en banc (a process necessary to change preexisting direct-infringement law) or to refer the matter back to a panel. Once this court chose the panel-decision route, the district court in the present cases lifted the stays and allowed Vivid Seats and Fandango to file substantive motions on infringement.
Vivid Seats and Fandango moved for judgment on the pleadings, arguing that they could not be liable for direct infringement because, based on the prevailing standard, Mr. Mankes had not alleged enough to attribute the ticket sellers' actions to them. In his responses, Mr. Mankes noted the various changes in the state of the law, and he continued to argue for changing the law on divided infringement. In February 2015, in two materially similar opinions, the district court granted the defendants' motions—addressing the merits of both direct infringement and inducement. The court relied on the prevailing divided-infringement law and found that Mr. Mankes had not "alleged facts permitting the inference that defendants direct or control the theaters in their actions." The court entered final judgment for Vivid Seats and, after Fandango dismissed its counterclaims without prejudice, entered final judgment for Fandango.
After the district court granted judgment on the pleadings, Vivid Seats filed a motion requesting attorney's fees under 35 U.S.C. § 285. On June 30, 2015, the district court, considering all of the circumstances, found the case not exceptional and therefore denied Vivid Seats' motion.
Meanwhile, on May 13, 2015, before Mr. Mankes filed his opening brief in his (consolidated) appeals from the merits judgments, a panel of this court decided Akamai III, applying a divided-infringement standard sufficiently limiting that, as in Akamai I and Akamai II, the court held Limelight to be entitled to judgment of no direct infringement as a matter of law. Akamai III. In August 2015, however, before briefing was completed, the en banc court vacated that opinion, and decided the case anew in Akamai IV. In that decision, the court ruled against Limelight, reversing the district court judgment in its favor and holding it liable for direct infringement based on the articulation of the broadened liability standards quoted above. Those standards now apply on this appeal.
Mr. Mankes has alleged that each step of claim 1 is performed by some entity. Some steps, i.e., (b), (e)–(g), (j), involve operating an online system for selling tickets and communicating sales to the inventory holder; Mr. Mankes has alleged that Vivid Seats and Fandango perform those steps. The remaining steps, i.e., (a), (c)–(d), (h)–(i), involve maintaining an inventory of tickets and updating the amounts in response to local and Internet sales; Mr. Mankes has alleged that local venues perform those steps. In the district court, there was no serious dispute that Mr. Mankes has sufficiently alleged in each case that the identified entities—the defendant Internet entity and the associated local venues—together perform all steps and deal with each other in making the reservation systems work. The dispute was over whether Mr. Mankes has alleged sufficient facts to justify attributing the local venues' actions to Vivid Seats and Fandango under the then-governing standards for such attribution. And the district court held, in agreement with Vivid Seats and Fandango, that Mr. Mankes has not done so because he has not alleged that the local venues either are the defendants' agents or are required by the defendants to take the particular actions that constitute performance of several of the claimed steps.
Although Mr. Mankes noted at oral argument that his claim could not survive under the direct-infringement standards pre-dating Akamai IV (as Akamai's direct infringement claim did not survive under those standards), those are no longer the governing standards. Under Akamai IV, the district court's analysis is now insufficient to support rejection of direct-infringement liability here. This court in Akamai IV articulated circumstances warranting attribution not previously enumerated in such terms, and it changed an Akamai loss into a Limelight loss on direct infringement on that basis ("an alleged infringer conditions participation in an activity or receipt of a benefit upon performance of a step or steps of a patented method and establishes the manner or timing of that performance"). Akamai IV also is explicit that "other factual scenarios may arise which warrant attributing others' performance of method steps to a single actor," to be assessed "in the context of the particular facts presented." In those ways, Akamai IV makes clear that it does not suffice to reject direct-infringement liability here to conclude that local venues are not agents of defendants and are not required by the defendants to take the claim steps that they perform.
When the governing legal standards have changed during an appeal, it may be appropriate to vacate a determination made under superseded standards and to remand for consideration under the new standards. In the present case, such a disposition is appropriate.
We do not ourselves rule on whether the allegations Mr. Mankes has already made might be interpreted to justify attribution under Akamai IV, or what additional factual allegations might do so. Nor are we prepared to find that the record here makes clear that the judgments under review are correct under the newly articulated standards regardless of what facts might now be forthcoming with those standards in mind. Mr. Mankes has already alleged that Vivid Seats and Fandango market their reservation systems to local venues and offer them financial incentives "to perform . . . the other steps of the claimed invention by having the Sellers use the Vivid Seats [and Fandango] reservation system[s]," and that local venues' decisions to use the Vivid Seats or Fandango systems initiate commercial arrangements involving continuing communications about sales of tickets to permit the sellers to update their inventories. For such an ongoing interactive commercial relationship, it is plausible that Vivid Seats and Fandango establish rules governing the needed coordination. Given what he already has alleged, Mr. Mankes should have the opportunity to allege facts that allow for a more informed evaluation than is possible on the present record, which was not developed with Akamai IV in mind, of whether the defendants' accused activities come within the ambit of the Akamai IV "conditions participation" standard or might otherwise justify finding direct infringement liability for divided infringement.
We do not think it appropriate to rule out at this stage any particular theory of direct infringement, including the joint-enterprise theory and the possibility of other bases of attribution recognized inAkamai IV. Nor do we prescribe the course of proceedings required on remand beyond ruling that, given the early stage of this litigation, Mr. Mankes must at least have the chance to amend his complaints, if he believes such amendment might be useful or the district court determines it is necessary, based on this court's new articulation of divided infringement standards. With that exception, we leave it to the district court in the first instance to apply Akamai IV to the current complaints, or to newly amended complaints, under the standards that govern whether a complaint suffices to allow litigation to continue past the stage of the opening pleadings. We vacate the district court's judgments on the pleadings and remand.
We review for abuse of discretion the district court's determination that attorney's fees were not warranted under § 285 because the case is not exceptional. Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., 134 S. Ct. 1744 (2014). Section 285 permits a court, in an "exceptional" case, to "award reasonable attorney fees to the prevailing party." 35 U.S.C. § 285. Because we vacate and remand judgment on the pleadings and no other relief runs in Vivid Seats' favor, Vivid Seats is no longer the "prevailing party" under § 285. At this point, § 285 does not authorize the district court to award attorney's fees to Vivid Seats.
In any event, independently of whether legal standards undergo further changes or whether Mr. Mankes eventually loses, we think it clear and worth ruling that the district court committed no error in rejecting an exceptional-case contention even under the law before Akamai IV. As the Supreme Court has explained, an "exceptional" case is "one that stands out from others with respect to the substantive strength of a party's litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated."Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (2014). Here, the district court could readily view Mr. Mankes as having reasonably, openly, and in good faith pressed arguments for plausibly result-altering changes in governing legal standards that were demonstrably under active judicial reconsideration in this court and the Supreme Court at the time. While Mr. Mankes's case was pending before the district court, the law on divided infringement remained uncertain, with both our court and the Supreme Court weighing in on possible changes, and Mr. Mankes's litigation conduct appropriately reflected that shifting legal landscape. Without addressing other situations, we conclude that the district court properly determined that this case, to date, has not been exceptional in a way that would justify an award of fees against Mr. Mankes.


Appropriately named and incredibly addicting.
Hu Kitchen in New York has its own twist of what's commonly known as Bulletproof Coffee, which is organic coffee, MCT oil and grass-fed unsalted butter.
Hu's Crack Coffee is its own organic coffee, with unsalted butter and coconut oil.
I typically like my coffee black and cold (how dark of me), but the sweetness of the coconut oil and density of the butter make this taste more like a warm morning treat than anything else.
In theory, the "good fats" in the butter and oil provide sustainable energy without the typical crash of a cup of joe that's loaded with sugar or artificial sweeteners.
I notice a nice, steady energy boost, an increase in focus and no downward crash or lethargy once it wears off.
I'd strongly recommend either trying to make it or finding a coffee shop that has its own version.
We have no idea what others are going through.
We also have no idea how devastating our actions (or lack thereof) might be.
Yet, we can all control one thing: How we respond.
Have you ever seen (or thrown) a temper tantrum after a bad hole or shot?
The same can be said about escalating tension with others in our day-to-day.
It's easy to react out of emotion.
It takes character to empathize, listen, and understand where someone else is coming from.
Let's have dignity in the ways we choose to respond, both on the course and in life.
Simply put, act with grace.
I've been adding these into my strength routine at least once a week.
I like them as a DL variation for golf because it forces you to use your low back but changes the load forces you to activate your glutes, hamstrings and core.
It also makes you utilize depth in your hip joints like a deep squat.
If you have bad range of motion with your hips, start with the bar elevated off the ground more and work your way down. (And add some solid mobility work into your routine!).
Talk about using the ground for more power! (A big topic in the golf swing power world).
Caution: Posture is critical, especially if you plan on lifting heavy.
Make sure your knees do not buckle in on your way up.


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Home / 5 Good 5 Bad / 5 Good and 5 Bad things from the 3rd week of the season
5 Good and 5 Bad things from the 3rd week of the season
Manchester City go top of the Premier League after their win at Goodison Park on Sunday and have now thrown down a marker to the rest of the Premier League. Although they were made to work for their clean sheet yesterday they were certainly firing on all cylinders in attack yesterday. David Silva was a joy to watch as he was pulling the strings in Midfield and were it not for Tim Howard the result could have been much more comfortable. Sergio Aguero looked lively even though he's not at full fitness but Manuel Pellegrini will no doubt be delighted that Vincent Kompany and Yaya Toure look back to their ominous best, the rest of the league had better sit up and take note as the blue half of Manchester's start of the season has already put them in pole position.
Welcome to the Premier League Pedro. A goal and an assist on your debut is no bad way to start your career here in England. After Chelsea's capitulation at The Etihad it was clear that Chelsea were lacking a bit of spark up front but with the signing of Pedro it looks like they have been revitalised – ultimately one swallow does not make a Summer, but the defending Champions certainly looked more worthy of that tag in the first 45 minutes of their game against West Bromwich Albion. They had to dig in to make sure they came away with all 3 points after the sending off of John Terry (more of that later) but after the start they have had they won't care how they did it, they'll be just glad they did. As for Jose Mourinho right now he looks like he could sleep for a week and still be tired
Bournemouth got their first win of the season in a 7 goal thriller at Upton Park. After going 2-0 up it looked like they spurned their opportunity of a first win as West Ham managed to level things at 2 all. But Eddie Howe's men showed great character to take the game to West Ham again and managed to go 4-2 up after goals from Marc Pugh and Callum Wilson completing his hat-trick, after being incredibly unfortunate not to come away with at least a point at Anfield last Monday they will feel a win (albeit very nervy) will be just rewards and a great platform in which to start their season.
Leicester are continuing to surpass all pundits expectations as they are now on 7 points out of a possible 9 at the start of the season. Riyad Mahrez is certainly the man of the moment as his goal against Tottenham was already his 4th of the season so far. Everyone felt the writing on the wall for Leicester once Claudio Ranieri was announced as the man to take over from Nigel Pearson, but credit where credit's it's due for The Tinkerman who has managed to continue Leicester's fantastic momentum from the tail end of last season. Whether the bubble bursts in a few months remains to be seen but Leicester fans can certainly enjoy this pretty emphatic start.
A good day on Saturday for Goalkeepers namely Costel Pantillimon and Jack Butland whose agility was the difference between holding onto a point and coming away with nothing. Sunderland will be glad they have got some stability after their two early season drubbings whereas Mark Hughes will be pleased that Stoke managed to hold out against Norwich's second half onslaught to secure a second away draw in a row.
Another quiet day at the office for Wayne Rooney as Manchester United failed to break down Newcastle at Saturday Lunchtime. Although slightly unfortunate that his first half effort was disallowed for Offside, the fact there has been no goal in 3 matches must be cause for concern. The greater concern must be that they've only scored 2 this season (with one of them a Kyle Walker own goal), surely for all that Louis Van Gaal says otherwise some attacking reinforcements must be required between now and the end of the month.
Tottenham, where for art thou Tottenham?. Talking of quiet days Harry Kane is also yet to get off the mark while Spurs are yet to get a first win of the season. After going in front through Dele Alli they then quickly undid their hard work by letting Leicester go straight down the other end and equalize. A bad day almost got worse were it not for the agility of Hugo Lloirs to keep out a header from Wes Morgan late on. Mauricio Pochettino said that he was angry with Spurs' lack of focus to let Leicester back into the game, if they don't win against Everton next week then I can see the fans getting very angry with Mauricio Pochettino.
John Terry, is Mr Chelsea only a part time contract now at Stamford Bridge? – Hauled off at half time last week and sent off early in the second half this. It has not been a good 7 days for the Chelsea Captain. Will his suspension and enforced time out of the lineup give Jose Mourinho the opportunity to let the partnership of Gary Cahill and Kurt Zouma have an extended run or will Mourinho finally get his man in John Stones. Which ever way you look at it, it looks like John Terry is going to be getting pretty well acquainted with the Chelsea bench over the next few weeks and months.
West Ham's defending. Simply nothing short of awful, Cresswell and Jenkinson were the main culprits on Saturday but it seems the highs of victory at The Emirates are now long forgotten and the realisation that Slaven Bilic might have his work cut out at Upton Park this season seems all the more apparent. It was even more ironic that Sam Allardyce was the guest on Match Of The Day, unfortunately we didn't get to hear his full views but they would have no doubt been more interesting then Alan "Say What You See" Shearer
Arsenal v Liverpool not a bad game per se but certainly one that didn't live up to the early season billing. Maybe both clubs were still feeling each other out but the game never quite got going. Liverpool will probably feel the unluckier off the two especially Coutinho after he hit the woodwork twice in the first half whereas Arsenal are no in the same position as Chelsea were for all their talk if genuine title contenders they have already given up 5 points to Manchester City.
Previous #HerveWatch – Lille 0 Bordeaux 0
Next Week 3 – Premier League Predictions (Review)
How can Lewis Dunk not even remember the Liverpool score from 2 weeks ago? "Yeah 4-1 or whatever" 😂 #BHALIV #FACup1 hour ago


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Q: Using gettext with content from database in phoenix app? I'm trying to use Gettext and domains in a phoenix app to translate "materials" (wood, wool, cotton, kapok...).
Materials come from a database.

This works:
<%= MyApp.Gettext.dgettext "materials", "cotton" %>

But this does not:
<%= MyApp.Gettext.dgettext "materials", "#{material.name}" %>

I'm trying to add the translation to a template
<%= for material <- @materials do %>
  <%= AmazingApp.Gettext.dgettext "materials", "#{material.name}" %>
<% end %>

How can one go about translating in this situation?

A: You can use Gettext.dgettext/3 for this:
<%= Gettext.dgettext(MyApp.Gettext, "materials", material.name) %>

From the documentation:

Dynamic translations should be avoided as they limit Gettext's
  ability to extract translations from your source code. If you are
  sure you need dynamic lookup, you can use the functions in the Gettext
  module:
string = "hello world"
Gettext.gettext(#{inspect(gettext_module)}, string)

redpajama_set_name: RedPajamaStackExchange