Challenges of living with HIV

Posted on May 19, 2008 in Generic medical release

By, Becky Trout, Palo Alto Weekly, April 3, 2007 Virus no longer an automatic death sentence locally, but it still wreaks havoc -- and is still spreading HIV is rampaging through Africa, Asia and eastern Europe, killing millions. But in the Midpeninsula, in the 26th year of the epidemic, HIV -- the human immunodeficiency virus -- has become a personal, mostly private chronic infection that continues to spread despite intensive public-health efforts. Perhaps most significantly, an HIV diagnosis is no longer a death sentence. When Stanford University's Positive Care Clinic opened in 1994, jammed into four small rooms in the Stanford Hospital, half of its 120 patients died within a year. "Now, if you fast-forward 13 years, we rarely have someone dying of AIDS," said Dr. Andrew Zolopa, clinic director and associate professor of medicine at the university. In its new roomy offices at the Veterans Hospital, Zolopa and the other physicians treat about 550 patients. Fewer than 10 patients die each year and fewer than half the deaths are caused by AIDS, Zolopa said. Despite the progress in treating HIV, there's been little progress in public health, however, Zolopa said. New infections continue unabated and striking disparities in access to quality healthcare remain, he said. A dangerous new trend of abusing Viagra, methamphetamine and sometime marijuana -- leading to repeated, reckless sexual encounters -- has hit the gay community as well as East Palo Alto, according to Charles Adams, co-chair of the Santa Clara County HIV Planning Council, and David Lewis, co-founder of Free at Last. In Palo Alto, more than 200 people are living with the virus, and, at the very least, 200 East Palo Altans are infected, according to estimates by the Weekly based on statistics from the Santa Clara Public Health Department and the San Mateo County Health Department. Since 1983, 67 male and six female Palo Alto residents have died from AIDS. Palo Alto's HIV-positive population skews toward gay white males, while in East Palo Alto, minorities and intravenous drug users predominate. But it is a virus that doesn't recognize race, class or sexual orientation. Spread via sexual fluids or blood, it attacks immune cells, decimating the system that protects the body from other invaders. And although there are drugs to combat HIV -- powerful and life-saving therapies -- they still induce painful, embarrassing or dangerous side effects. In addition, the drugs only slow the progression of the disease. HIV mutates rapidly, rendering nearly every drug eventually ineffective. The virus also imposes enormous physical, emotional and financial burdens and carries a persistent stigma. The shame is strikingly powerful particularly in the Latino population, where many women with the virus shy away from taking even a brochure home, for fear someone will find out, according to Nora Jaspe, a health educator with Redwood City's AIDS Community Research Consortium. Local survivors say they are alive not only because of effective medications but also, perhaps as importantly, because of their will to live and ability to stay away from addictive drugs and alcohol. Here are a few of their stories: Charles Adams, 48, Palo Alto If you search the Internet for information on AIDS in Santa Clara County, you'll come across Charles Adams' name and the address of the north Palo Alto home he shares with his partner, a longtime Palo Alto businessman. Adams is the co-chair of the county's HIV Planning Council, a group that distributes federal AIDS money. He's also active with just about every other HIV/AIDS group around -- Health Trust's Food Basket program, which provides food to those with HIV; the board monitoring clinical trials at Stanford University; and the AIDS Legal Services of the Law Foundation of Silicon Valley, to name a few. "Having my partner has enabled me to help," Adams said. "To me, (HIV) is just part of everyday life, and it's easy to talk about. I'm really lucky I'm in such a supportive environment." Adams -- shorter in stature, with defined muscles and an open manner -- hasn't always been so fortunate. Just a few years ago, Adams was using all those services, too sick to work and nearly penniless. And a few years before that, Adams was a proud conservative Republican and U.S. Army officer. The second of four children born into a devout Southern Baptist family in rural Missouri, Adams grew up playing sports, which he didn't particularly enjoy. He dreamed of attending West Point Academy. From a young age he knew he was gay and even tried to tell his parents. In response, they guided him toward religion and more sports, he said. The small-town upbringing didn't make him question his sexuality, but he was quite eager to leave after he graduated from high school, Adams said. "I never gave being gay a second thought. . . . It was just part of life. It wasn't like I flaunted (it). I never drank or did drugs or smoked." Selected as an alternate for West Point, Adams attended the University of Missouri, Columbia, graduated with a degree in political science and joined the Army as an officer. He loved it -- the routine and discipline, the diversity and travel. HIV certainly wasn't on his mind. "We'd all read about something going on (on) the coast. How did that affect me?" Adams said. It did though. Adams got sick in 1983. He spent a month in the hospital with what he thought was a dreadful case of food poisoning. Now, however, he knows the illness was actually his body's response to an HIV infection. Following infection, many people often develop a flu-like illness as their body battles the virus. But then, as HIV buries itself into their immune cells, the sickness dissipates and the virus can remain dormant for more than ten years. Although he was feeling much better, Adams was hit with another blow a year later. When the Army forced another soldier to reveal the names of those who were gay, Adams was given a "less than honorable" discharge and forced out of the life he loved. He returned to Missouri. "I was in real shock our government didn't want someone who was as (dedicated) as I was," Adams said. His political views took a sharp turn to the left. In 1987, HIV tests came out. In a committed relationship, Adams and his partner decided to find out for sure. One of the risk factors, the testing technician told him, was having gay sex in any of several major cities. "I'd had sex in almost all of them. . . . By then I knew -- I knew HIV was possible." Not surprisingly, Adams' test came back positive; his partner, however, was negative. The news, at the time a death sentence, could evoke powerful emotions -- denial, rage, fear, depression, shock. Adams, however, took the news in stride. "I wasn't scared. You have to be responsible for your own choices," he said. Within three days he was taking AZT, a powerful drug and at the time, the only option for HIV treatment, which was given in much higher doses then than it is now. "I was really, really tired. I threw up a lot. It was really nasty," Adams said. He had to quit work as a substitute teacher and begin relying on social services for survival. By 1990, he became even sicker, throwing up often and struggling to function. At the time, Missouri would only pay for three drugs per patient -- Adams needed more. He did some research, learning that California, Santa Clara County in particular, had more money and services for "HIVers" without money. So after a few detours, Adams and his then partner moved to San Jose. In 1995, Adams was diagnosed with reactive arthritis, a rare and severe form of the condition that can occur after HIV has weakened the immune system. Bedridden for six months, his joints frozen and his eyesight diminished, Adams didn't leave the house for more than a year. Adams calls the time "a really weird period." "I've never been the type to get depressed about anything. I never felt sorry for myself. I just thought, 'I just don't want to live, if this is the way it's going to be.'" Then, gradually, life got better. Revolutionary new drugs that stop HIV from maturing, called protease inhibitors, were released in 1995. "Without them, I probably would have died. ... (They) made all the difference in the world," Adams said. He learned to walk again and figured out how to write using fat pens. And he met his current partner. "The reason I liked him so much was he asked, right away, 'What is your status?" Adams said. "There is this big 'Don't ask, don't tell' policy in the gay community." Adams' partner is negative. Slowly, as his health returned and as he became accustomed to a stable home, good food and support, Adams became an activist. "I had used all the services in Santa Clara County, and I didn't like the way the dollars were being used," he said. "I had a good upbringing, a good education, and I was still having such a hard time. . . . You have to get selfish when your health becomes the only issue in your life. Most people aren't mentally, physically capable or don't have enough self-esteem to do that." Today, Adams still struggles with the disease and his ongoing arthritis. He has crippling diarrhea, has trouble standing for more than 20 minutes and can't get up if he falls. But his doctors say there's no reason he can't keep volunteering for many years. "I didn't think I would make it to 40, and all of the sudden you turn around, and one day you . . . have a life." Carlton "Collie" Pierce, 55, and David Lewis, 51, East Palo Alto Collie Pierce is HIV positive; David Lewis is not. Pierce has glasses, a pocked face and a single golden earring. Lewis is imposing, with a trademark mustache and graying hair. Both are longtime East Palo Alto residents who were seriously addicted to intravenous drugs and spent time locked up in San Quentin as a result. And now, they're both working to help others in the grasp of drugs escape. Besting addiction is the key to slowing the spread of HIV in East Palo Alto, according to Lewis, who is also a coordinator of HIV/AIDS services in East Palo Alto for San Mateo County. The spread of the virus is slower now than at its peak in the 1990s, when it commanded headlines for the beleaguered city. Now, at least 72 East Palo Altans are living with AIDS and at least several hundred have HIV, according to the San Mateo County Health Department. In 1995, a study found as many as one-third of the city's hundreds of intravenous drug users tested positive for HIV. Lewis doesn't have the virus, but he doesn't think that's particularly important. "In our community, it doesn't really matter," he said. Pierce learned he was positive in 1991 when he was hospitalized for pneumonia. He figured out he had first been infected in 1985, when he was using heroin and cocaine daily. "Just like so many other people, I didn't know it," Pierce said. "It's so scary that they go on living normal lives ... (sleeping with) multiple partners. ... I was one of those people." "My attitude was it would not and it could not happen to me. When I found out, I went on a death mission." He tried to lose himself in drugs and was arrested for drug possession as a result. His return trip to San Quentin, with HIV, was different, Pierce said. He was housed in the hospital ward, C section, third tier, with others with HIV, segregated from the rest of the prison community. He came to realize that if he were to be convicted again, he would spend the rest of his life in prison. Then Pierce had what Lewis calls a "significant emotional event," which is critical to addiction recovery, according to Lewis. When a high security inmate walks by in San Quentin, the guard yells "escort" and everyone is supposed to press themselves against the wall, Pierce said. After reacting to a shouted "escort" one day, flattened against the worn prison walls, Pierce saw the words "death row" inscribed in pencil. "For me, C section, third tier with HIV positive (people) was like death row. . . . I related to that (inscription)," Pierce said. "That was my last trip to prison. I made a commitment to do anything I could not to return." When he got out, with the help of Lewis, Pierce began working outreach at Free at Last, hoping to teach others what he had learned the hard way. He's been clean and sober for 11 years. "I try to be the best advocate I can. That's why I am so very open. People need to know," Pierce said. "It still goes on. You might not hear about it. But it still goes on; that's why they call it 'the quiet killer.' People are still spreading it; people are still dying." Pierce himself has been fortunate. He hasn't taken an HIV drug since 1999 and feels fine. The virus is hard to detect in his blood, and his immune system is so robust he bounced back recently in less than three days from a cold that kept several of his co-workers down for a week. Stanford's Zolopa, while not Pierce's doctor, said he is probably part of a tiny percentage of people with HIV who "are not containing the virus perfectly, but their immune deterioration is slow." He will probably eventually need medicine, Zolopa said. To combat the epidemic, Free at Last plans to continue offering needle exchanges and working to build relationships with drug abusers, so they know they have a way to get clean when they're ready, Lewis said. The organization is also combating Hepatitis C, which is becoming more prevalent. Hep C is a virus, transmitted with dirty needles, that attacks the liver. Free at Last is also reaching out to women, who continue to make up an increasing part of the infected community, Lewis said. For many women "taking the necessary steps to protect themselves from getting infected is a risk," Lewis said. Stephanie Marshall, 38, Hilmar, Calif. Hilmar is a small town in the Central Valley, a few miles south of Turlock. Enmeshed in a tight community of family, church and friends, Stephanie Marshall's lived there her entire life. Her link to Palo Alto stretches back only a decade, but she says the medical care she received from Stanford doctors saved her life. Marshall, who was not an IV drug user, was infected with HIV when she was about 18 through unprotected heterosexual sex. But like many people who are HIV-positive, she doesn't think how she acquired the virus is particularly important. "We get this illness because of choices we made. ... We have to stand up and take responsibility," Marshall said. "We choose not to use protection. It's nobody's fault but our own. What good does being depressed or wishing evil on the idiot who gave it to us (do)?" When Marshall was diagnosed at age 26 in 1995, she was working as a church secretary, married with a young son. Both her husband and son tested HIV negative. Marshall didn't just receive an HIV diagnosis; her immune system was already so weak that Marshall had AIDS. "I knew nothing about AIDS. We don't have a large homosexual community. I didn't know anybody who had it. It just wasn't in my radar," Marshall said. She quickly learned. "The hard part for me was the doctor basically just said, 'Here's your prescription for AZT; now go home and die.'" Self-described as "sassy," dying wasn't in Marshall's plans. She refused to take AZT, however. Why take a drug that would make her so sick? And as she got sicker, she decided to let everyone in the community know. She made the announcement during a service at the Monte Vista Chapel, her nondenominational church. "The doctors got up and explained how you get it and how you don't get it. The elders laid hands on me," Marshall said. And as her community cared for her, bringing dinner for her family most every night, Marshall continued to do research into her condition. Then she fell in with a group that didn't believe HIV caused AIDS. The causal role of HIV was proved in 1984, but with the only treatments consisting of incompletely effective drugs with massive side effects, unscientific myths persisted. Marshall went to Santa Cruz for a bit to live with an aunt. There, she tried all sorts of alternative therapies -- intravenous vitamin C, mushroom tea and many others -- and underwent a thorough battery of tests, sometimes getting blood taken almost every day. Nothing capable of causing her symptoms, other than HIV, could be found. Marshall began to accept the virus was responsible for her illness. Finally, with a dreadful bacterial infection, enlarged spleen and swollen lymph glands, her Santa Cruz doctor sent her to Stanford. She met Zolopa in 1997. At the time, she weighed only 90 pounds and was wasting away, Zolopa said. He asked why she wasn't taking AZT, Marshall recalled. Marshall explained she didn't want to take such a harmful drug. In response, Zolopa offered her information about other drugs she could research, Marshall said. She hadn't known there were other drugs available. "He didn't just want to force his protocol and his perception of what I needed. (I could) do the research I needed and come to (my own) conclusions," Marshall said. Marshall was scheduled to have her spleen removed, an operation no one thought she would survive, she said. Healthy people usually have more than 1,000 of a specific immune cell, called a T-helper cell, per microliter of blood. Marshall, at her lowest, had only three. An individual has AIDS if his or her T-cell count slips below 200. Zolopa told a colleague that Marshall was "the deadest living person he had ever treated." Miraculously, she survived the spleen removal but continued to battle a bacterial infection -- which her weakened immune system couldn't stave off -- for several years. Now, Marshall drives to Palo Alto only four times a year. Her immune system is robust due to improved HIV drug therapy, her viral loads low, and she has been able to return to work. "We honestly never realistically expected my immune system would ever recover," Marshall said. Marshall's son is grown now, and she was divorced last year. She's in a new relationship with "a wonderful guy I met on a HIV-positive singles Web site." "We understand where we're both coming from. ... We have each others' back." Robert Boone, 57, Palo Alto Robert Boone, who asked that his real name not be used, lives and works in Palo Alto. Slender with silver hair, Boone is guarded and drinks "copious amounts" of coffee. Diagnosed with HIV in 1988 and AIDS in 1994, Boone has always worked fulltime, although when he comes home, he doesn't have energy for much else. Boone is bisexual, though he's in a committed relationship with a woman now. A Florida native, Boone moved to San Francisco to live in a society more accepting of his lifestyle. For about 13 years, Boone said he was very promiscuous. "Did I play safe? Obviously not safe enough," Boone said. "In 1980, I decided it was time to grow up and be respectable," Boone said. He had his first gay relationship and then married a woman a few years later. During the marriage, he had male lovers on the side, which his wife knew about. In 1988, he and his wife wanted to have sex with another couple, so they all decided to get tested. The others were negative; Boone tested positive. "I definitely knew it was in the realm of possibility. Was I expecting it? Probably not," Boone said. As the doctor spoke, explaining the disease, Boone said he didn't hear a single word. The doctor had to discuss the diagnosis with his wife. "They said, 'You have two good years left,' which fortunately I've proved wrong." Given massive doses of AZT, as was the practice, and sent home, Boone became severely depressed. "I did the dumb thing of not trying to get treated for it," Boone said. His marriage started to unravel. "It put a real damper on our sex life, to say the least," Boone said. "I'm just as much at fault. But finally she said, 'I just can't deal with you being sick.'" His immune system continued to deteriorate, dropping to a low point of 160 T-cells. Nonetheless, Boone still worked 40 hours a week. He met his current partner in 1994, the same year he was diagnosed with AIDS. "Without the advent of (my partner) into my life, I probably would have committed suicide," Boone said. This time, he sought out medical treatment for depression. "Things started to level out and then go upwards." Boone jokes that he got his "green card to Palo Alto" in 1995. Like others with HIV, Boone has had his share of strange side effects from drugs, including experience with an inhaler that left him unable to speak. Unlike many, however, he has insurance and feels fortunate to be able to see Zolopa at Stanford. "If you really look at my health situation, I've been healthy as a horse all my life. Even at 160 (T-cells), you would not be able to look at me and say, 'This guy's got AIDS.'" Brown said he has a love/hate relationship with the drugs. "Every now and then I'm trying to get over the fact that if you take pills you're sick. I'm not sick, but I take pills." AIDS is like diabetes now, Boone said, something you can live with. "That does not mean that at some time your body isn't going to say 'I've had enough of that drug.' That's the scary part ... and, and, and 'Is this the beginning of the end?'" Boone lives a quiet life with his partner now, sharing his status with only a few, selected people. "I've given up the men in my life," Boone joked. Boone is slow to preach or judge others' behavior. "I told my mom, 'It doesn't matter how I've got it, the fact is, I've got it.' ... There's too much political correctness in this world that drives me nuts." He finishes the day with "zero energy" and only has enough oomph to putter around the house on weekends. But he, unlike many, many of his friends, is still alive. Source: http://www.paloaltoonline.com/news/show_story.php?id=4800 generic viagra online cheap viagra viagra generic cialis

Tags: hiv, adams, drug, boone, marshall

Editorial critique of new Indian ordinance in Financial Express

Posted on May 19, 2008 in Generic pharmaceuticals

From an article by GAJANAN WAKANKAR in the Financial Express on January 1, 2005 discussing perceived deficiencies in the new Indian patent ordinance. Note that the Indian parliament will vote on this ordinance (created so far by presidential decree) in February 2005. The change which goes into effect on Jan. 1, 2005 is not final until the parliament votes, so that writing editorial criticism of the ordinance could impact the final version of the law. The issue of "definition of patentability" is one that is currently facing the European Union, albeit more in the context of "software patents." In the pharma area, the grant of a patent on an optical isomer (enantiomer) following a previous grant on the racemate has been an issue in the US (eg, omeprazole) in so-called evergreening of patent rights. Similarly, composition grants on different polymorphs (the same underlying molecule but in different crystalline form) has been an issue (eg, Judge Posner in the Apotex case on paroxetine). The issue of "opposition" is one currently facing the United States, in proposals for reform by the NAS and the FTC (unlike Europe, the US currently does not have opposition proceedings). Mr. Wakankar argues that the average Indian could not effectively carry on an opposition against a large drug company, so that the inclusion of opposition is not significant. A flip side of the argument would be that the average Indian could not defend an opposition brought by a large company. Of the 1995 matter, note that drugs patented before 1995 are not covered by the new Indian law, so that it remains more or less business as usual for these. Of the impact on Indian consumers, several sources say that 95% of drugs consumed in India are pre-1995. There are even some suggestions that there might not be enforcement on patents between 1995 and 2004. Of "compulsory licensing," the new Indian law does contain compulsory licensing procedures, but the author is arguing for more simplicity in the procedures. Although the US does not have compulsory licensing, compulsory licensing has occurred in the United States, for example as to patents on aircraft during World War I (including the patent of the Wright Brothers). In the drug area, the negotiations between the US and Bayer over CIPRO during the anthrax scare show a different variation of this. #1. DEFINITION OF PATENTABILITY. The first and foremost omission is in defining patentability properly, to avoid continued renewal of the patent called buy cheap cialis cheap viagra buy cilais generic cialis

Tags: patent, indian, opposition, licensing, issue

Atypical antipsychotics - psychiatrists " not duped, but beguiled"!

Posted on May 19, 2008 in Antibiotic

A study funded by the British government, has compared treatment results from a broad range of older antipsychotic drugs against results from newer "atypical antipsychotics". The study was requested by Britain's National Health Service to determine whether the newer drugs ( which can cost 10 times as much as the older ones ) are worth the difference in price. Guess what? They aren't! Schizophrenia patients do as well, or perhaps even better, on older psychiatric drugs compared with newer and far costlier medications, according to a study published yesterday that overturns conventional wisdom about antipsychotic drugs, which cost the United States $10 billion a year. The results are causing consternation. The researchers who conducted the trial were so certain they would find exactly the opposite that they went back to make sure the research data had not been recorded backward. The study, published in the Archives of General Psychiatry, is likely to add to a growing debate about prescribing patterns of antipsychotic drugs. A U.S. government study last year called CATIE found that one of the older drugs did as well as newer ones. Yesterday, in an editorial accompanying the British study, the lead researcher in the U.S. trial asked how an entire medical field could have been misled into thinking that the expensive drugs, such as Zyprexa, Risperdal and Seroquel, were much better. "The claims of superiority for the [newer drugs] were greatly exaggerated," wrote Columbia University psychiatrist Jeffrey Lieberman. "This may have been encouraged by an overly expectant community of clinicians and patients eager to believe in the power of new medications. At the same time, the aggressive marketing of these drugs may have contributed to this enhanced perception of their effectiveness in the absence of empirical information." Peter Jones, a psychiatrist at the University of Cambridge in England who led the study, searched yesterday for the right word to describe what had happened to his colleagues. " 'Duped' is not right," he said. "We were beguiled." More at the WaPo. Sphere: Related Content Cheap Viagra Generic Viagra generic cialis generic viagra online

Tags: drugs, study, antipsychotic, newer, older

To Men's Health

Posted on May 19, 2008 in Diabetes erectile dysfunction

I read a blog called MedInnovationBlog regularly. It is written by a physician, Richard L. Reece, MD, and focuses on new innovations in healthcare . For the most part, it is very nerdy and tedious to read, but every once in a while, there's a gem. Here is an excerpt from a post on Men's Health: viagra generic cialis cheap cialis Generic Viagra

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Omnicare - billing the dead costs them $52.5 million

Posted on May 18, 2008 in Antibiotic

Poor Omnicare. They will pay about $52.5 million to settle a civil case related to Medicaid fraud allegations in Michigan. It is the largest Medicaid fraud settlement in state history, Attorney General Mike Cox said. Specialized Pharmacy Services Inc. is a subsidiary of Omnicare, a Covington, Ky.-based company that provides pharmacy services to long-term care facilities. Omnicare has operations in 47 states. In August, the company said in a filing with the Securities and Exchange Commission that it would set aside $54 million to deal with issues related to the Michigan probe. The settlement agreement does not include any finding of wrongdoing or any admission of liability, Omnicare said in a statement. The company said it agreed to voluntarily settle the matter "in order to avoid expensive and time-consuming litigation" and to focus on its health care mission. Cox and Janet Olszewski, director of the Michigan Department of Community Health, said the settlement was a victory for state taxpayers. "This settlement sends a message," Cox said. "If you attempt fraud here in the state of Michigan ... the fact you are Fortune 500 company will not protect you." Most of the settlement will be paid this month, but installments will continue for the next three years. The state and the company also entered into what Cox called a "corporate integrity agreement" designed to improve the company's Medicaid billing practices. Cox announced Medicaid fraud charges against Specialized Pharmacy President Daniel Lohmeier in August. Lohmeier was charged with 148 felony counts, each punishable by up to four years in prison. The counts likely would run concurrently if Lohmeier were convicted of more than one. The criminal charges still stand, Cox said. Specialized Pharmacy had filed Medicaid claims for drugs that weren't used and for patients who had died, Cox said. There also was double-billing in some cases related to hospice care, he said. The investigation began in 2003 and covered a period from 1999 through 2005. Source Sphere: Related Content cheap cialis generic viagra online buy cilais cheap viagra

Tags: cox, company, medicaid, omnicare, state

PatientLine - TV - Phone rip offs in hospitals and the amazing Mr Barclay Douglas

Posted on May 18, 2008 in Diabetes erectile dysfunction

Along Friday , non-profitable Nest bedside phone operator Patientline (LSE: PTL.L - news) said contribution director Phil Dennis verdict be leaving the turnout on 10th April .Ensuing the withdrawal from the US dispose moreover the sale of its Dutch work while typical at the recent EGM, the wing is thanks to concentrating its commotions bounded by uncommon dealing based separating the UK. Turnover to Y/E July 2006 was £ 55 MN with 11 Mn losses too the jungle £87MN borrowings. Remarkably they claimed that .. \"Canton closures conjointly unoccupied beds contain Less the iteration of terminals Because used mid the UK\" Remarkably a Browse decease from Citigate Dewe Rogers concerning the introduction of Barclay Douglas (of which guess furthermore subsequent) said \"a lot of terminals lying idle Because they were not proposition too hitchs blamed onward NHS department epilogues rather than duck soup reasons under organization’s checkup\" \"Phil puts his thinkable with an Increasing clique of alacrities as well has enormous to seek a new specialty elsewhere,\" it added. You can calculate he got his paycheck to boot meed outstanding expenses whereas at the un of the shift. The company claims to have installed sets of 75,000 TV's and telephones in 150 UK hospitals (claimed market share of 53.7%.) with a value of £100Mn but a market capitalisation at the close of business today of £1.7Mn. Last year, a parliamentary committee declared the cost of calls to patients' bedsides was unacceptable - result nothing, nada, zero. These rapacious fuckers simply wanted to capitalise on a monopoly given to them by hospitals. Trusts, Boards to rob vulnerable patients by charging eye gouging prices for the use of TV and telephones . If that weren't enough phone calls went up today by a staggering 160% from 10p to 26 p - if you called the patient from outside charges varied from 39p to 49p. To balance this, TV charges have been reduced.By the end of April 2007 1 day of TV (24 continuous hours) will cost £2.90 - children free. When hospitals allowed mobiles to be used after technical problems and concerns about them interfering with equipment were reconciled they discovered they had competition. That's the way capitalism works. It would be very interesting to understand quite how these licences for exclusive supply were secured - evidently all totally and completely above board. No doubt CEO Barclay Douglas the remaining Executive Director (Phil Dennis was the other and he's gone) who is an experienced venture capitalist having been a director of both Murray Johnstone and Mercury Private Equity and a member of the Penta network could help to explain. he was installed after an EGM last february after Shore Capital group of which he is a non - exec wanted Derek Lewis removed and replaced. Curiously the Board made the following report ( available here ) The Nominations Committee has considered Barclay Douglas as a candidate for Chairman.Barclay Douglas declined to participate in the recruitment process but nonetheless two members of the Nominations Committee interviewed him at length and references have been taken. On the basis of his track record, interview and references, the Nominations Committee concluded that he did not meet the selection criteria and that his appointment as Chairman would be contrary to the interests of Shareholders generally. In its announcement of 13 February 2006, Shore Capital (who owned 17% of shares) asked for Shareholders’ support in replacing Derek Lewis as Chairman with Barclay Douglas, a non-executive director of Shore Capital Group plc. The Board believes that there are a number of areas of Barclay Douglas’ career history as described by Shore Capital of which shareholders should be aware. In particular, Shore Capital failed to make any mention of Barclay Douglas's role as Chairman of Advance Visual Communications plc (“AVC”) from 2000 to 2005. AVC listed on AIM on 15 November 2000 with a market capitalisation of £14.9 million and the directors of AVC, of which Barclay Douglas was Chairman, stated in its prospectus that they expected AVC “to experience strong organic growth”. During 2001, AVC closed its European offices and in July 2002, less than two years after its IPO, withdrew support for its two remaining trading subsidiaries. These subsidiaries subsequently appointed a liquidator. (Source: Regulatory News Service, 5 July 2002) . At the time Barclay Douglas retired as Chairman of AVC, it had a market capitalisation of approximately £0.2 million. Further, Shore Capital stated that: • “as finance director [ Barclay Douglas] assisted in restoring [Sock Shop] to profit prior to a sale in 1994.” (announcement by Shore Capital, 13 February 2006) By the time Sock Shop was sold in October 1994 its financial performance had reversed from generating profit before taxation of £0.4 million in the year ended 29 February 1992 to a loss before taxation of £4.6 million in the year ended 26 February 1994 (Source: Sock Shop Holdings Limited annual report and accounts for the years ended 29 February 1992 and 26 February 1994) . Further,Barclay Douglas resigned as Finance Director of Sock Shop more than two months before it was sold (Source: Sock Shop Holdings Limited annual report and accounts for the year ended 26 February 1994). • “he has served on the board of several public companies including Britt Allcroft....” (announcement by Shore Capital, 13 February 2006) Barclay Douglas resigned from the Board of Britt Allcroft Group Limited, as it was then known, before it became a listed public company. (Source: Companies House, Form 288b, 16 October 1996). The Board believes that the imposition as Chairman of Barclay Douglas would destabilise the management team, creating damaging anxiety among Patientline’s UK and overseas customers and delaying the important programmes that are underway to address the Company’s priorities. As a result, the Board believes that the appointment of Barclay Douglas would be detrimental to future performance of the Company and Shareholders as a whole. Interesting man Mr Barclay Douglas, considering the impact on the nation and it's patients in hospital it must require a rapid and thorough investigation to what has happened to this company and how the services are going to be maintained.. cheap cialis viagra generic cialis cialis

Tags: barclay, douglas, february, board, shore

'Kiddie Coke' Prescriptions Out of Control for So-Called 'Disorder' that Doesn't Exist

Posted on May 18, 2008 in Prescriptions

Badly behaved children in England being put in ‘chemical straitjacke ts’ says watchdog

Tags: put, england, children, chemical, straitjacke

Another arrogant egomaniac - "island"

Posted on May 14, 2008 in Ed pump

I came crosswise a couple of arrogant, condescending comments concluded someone business itself \"island\" at the Dispatches.. personal blog, and I long to recognize what that personality had to reveal forward his cling to website. Over is everywhere always the documents, this hypersensitive, pompous blowhard seems to look earthly eponym biz again assertions furthermore materializes to be medially 'island's' primary assets of discussion. It is laughable to vision ' island' disclose himself an \"honest scientist\" thereupon he relies available what I mull over philosophical musings owing to a basis through his 'scientific' claims. Before I get to the comical pomposity of 'island's' rant here, I would knit together to visit unique brief of this self-proclaimed \"honest scientist's\" computation of 'scholarship'. Centrally located a telling left adventitious the Dispatches... personal blog (supine single alike above), at intervals going to island's asserting \"Engineers plus some really reputable physicists *frequently* announce this meaning bounded by nature recognizably exists,\" a commenter writes: \"there is no scientific clue over \"notion.\" To which the \"honest scientist\" island replies: LOL... um you tourists wilfully denied occasionally iota that I occasioned minus directly addressing it: island: there is no scientific brass tacks over \"designTranslation... island... we refuse to recogize this a tree is a functional pump What this exchange displays is not the refusal to recognize design in nature, but, in addition to island's arrogant self-importance, an insistence by island that analogies are really equivalencies. Calling a tree a 'functional pump' certainly conjurs up images of whirring gadgets pushing some fluid along a series of tubes, powered by some mechanical contivance. But is a tree a 'pump' in that way? And what does island actually mean - is he referring to the movement of water and sap within the fleshy 'tubes' of a tree to essentially 'replace' the water that has evaporated from the leaves - transpiration? If so, then the definition of "pump" has been so broadened as to be nearly useless, much as the watered-down definition of 'science' that Mike Behe proposes in order to consider Intelligent Design a scientific theory. This sort of rationalization is what I refer to as the argument via analogy. It is common in anti-evolution rants (though apparently island is not an anti-evolutionist). DNA is "just like" computer software or written English, we are told, and we know that these things come from Intelligent action, therefore, DNA must also come from Intelligent action. Exceptionally shallow and naive, but it works well with 'the masses.' Thus is island's "argument." Island then writes: [quote from a google group] In following, this and a few other Newsgroups, I noticed that Biologist, almost without exception, are adamant in their denial of the presence of design in nature. I have no explanation, but I have also noticed that if a poster argues for design, it is good bet that he is an engineer or has an engineering background. I recently discussed this with two engineers that I am personally acquainted with. Both are convinced that design in nature is real and one man, Wm. Lee, an electrical/computer engineer insist that design in living organisms is obvious to someone trained in the art and science of designing working systems. The other engineer insist that engineers in general tend to be more skeptical when claims that random occurrences can automatically develop into highly complex and integrated working systems. Ben [end quote] So, admit that my statement is correct... or crawl in a hole with the rest of them. Get that? Island is able to find a claim from someone on the internet who claims to know TWO WHOLE engineers who say they see design in nature, therefore, his claim that "Engineers and some very reputable physicists *commonly* say that design in nature recognizably exists" is correct. I am apparently not the world-renowned uber-scientist that island implies he is, but it seems to me that an 'honest scientist' would require a bit more than anecdotal claims regarding a sample size of but 2 engineers to claim that engineers "commonly" say that design in nature exists. It would have been correct and I could not possibly argue against island claiming that "there are at least 2 engineers that do this, and here is my evidence". But this is not what he did. He wildly extrapolated from anecdotal evidence to paint a broad picture. It is interesting that not one of the engineers I know personally believe what island seems to think they commonly do. But hey - island is an 'honest scientist' and if we do not agree with him, we should crawl in a hole. But wait - Mr.Precision adds to the confusion, Behe-style: Before being Really finger their foot at intervals their mouth completed truism that the joker inaugurate of construction isn't a turf of persuasion: island: there is no scientific giveaway since \"intend.\" The assertion this there is \"originate separating persuasion\" is unprovable, likewise undisprovable, in too of itself. I interpret... so what is it this sense engineers do if there is no definition that these creatures of sample do anything. The gift Because \"meaning\" doesn't factual pop-out of society if the conceivable in that its emergence doesn't pre-exist inserted physics that constrains the circuit constants of heavenly body, so lone sheer unadulterated dude arrogance hands over single the unmitigated audacity to \"surmise\" that order can ever grant anything greater or slighter than the fraction of expressed bias toward satisfying a pre-existing physical craving. Ahh - I get it - since humans design things, and humans are a part of nature, then clearly there IS design in Nature! How obvious! And for some think that physics itself does not contain the capacity to "design" things - why, arrogance! Human arrogance! Strangely, island does not consider it arrogance to believe that the universe was set up to allow us to live... I know, I know... I don't get the dichotomy either... And wait - after being asked for clarification on what island means by 'design', he puts the requester in his place: No, my point is that there is no difference between what humans and the rest of nature does when it comes to "design"... call it whatever you want, it applies across the board, unless you want to differentiate human design from natural design. And there we have it. "Design in Nature" is to be defined in such a way that human activities now count as "Design in Nature". And astrology is a science... Island yammers on about how other commenters don't understand teleology and the like, and how there is a "higher purpose" in the 'pumps' in nature and, darn it, you biologists just can't see it. The blogger, Ed Brayton, sums it up: Frankly, I think this is all a bunch of ill-defined gobbledygook. Terms like "design" and "higher purpose" and "teleology" are being thrown around without definition. Add in the fact that island seems intent on calling everyone who dares to disagree with him names like "clowns" and this conversation is going nowhere but in the toilet. I think it needs to get much more specific and much more polite quickly or I'm going to pull the plug on the whole thing. Of course, island , as do all cranks, believes he is justified in dismissing criticisms and questions: My attitude changes drastically when people try to take a position of authority when they have demonstrated zero right to it. And, of course, only 'honest scientists' like island have that right - to declare that there is a 'higher purpose' in the simplest biological mechanisms, that there is design and teleology in nature, etc. Well, that particular discussion took place in 2005. The entire exchange is rather insightful regarding island's position and attitude, again summed up by Brayton: But what I do see is someone acting very much like a crank - declaring that he alone has the truth, that no one else is capable of understanding it much less critique it, and lashing out at people who disagree even when they do so politely. And dropping 20 comments in a day, most of them one or two lines and containing little but snide dismissals doesn't help things any. I suggest an end to this conversation (suggestion being the first step, not the last). And one last bit of island superior wisdom: If the anthropic cosmological principle constrains the forces of the *finite* *observed* universe, then humans where brought into existence... "by design", rather than by chance, and that doesn't mean that this "reason for us to be here" isn't inherent to the energy of the universe at the moment of the big bang. [ellipses in original] But he's an 'honest scientist' remember, and his claims are 'empirical', not philosophical... Yup... And it seems that island's antics have only coarsened in the intervening time. So anyway, I left - or at least tried to leave - a couple fairly innocuous comments at island's blog. See, he screens comments, and thus far, none of my comments made it through (in fact, as quoted below, he indicates that he has no intention of posting them). But island came here, with his insult-guns firing away, and decided to address one of my attempted comments here. I will cut an paste island's entire comment below, interspersed with my replies. =================================================================== Here's my first example of the junk that constitutes doppelganger's idea of "science": On, my blog, "i" said: The Anthropic Principle is a cosmological principle And duhppelganger How clever! Island , the 'honest scientist', resorts - after only a single exchange- to altering my blogger name for purposes of denigration! What a way to establish one's intellectual superiority! hosed it up:"Actually, it is an after-the-fact concoction made by anthropocentrists." No, Dr. Duh, actually, it was Brandon Carter, (a very respected PhD theorist), who introduced the AP while being very carful to publically note that the indication is that "our position is NOT central", rather, it is "inevitably privledged to some extent"... so you don't have a clue what you're saying. Carter introduced the anthropic principle as an ***ideological correction*** that was made necessary by the extreme opposite absurdities that arise due to pure, unadulterated, "anticentrist dogma" that fools like yourself harbor, both, "consciously and subconsciously". So, no, dear Doppleganger, it was NOT "concocted after the fact by anthropocentrists", rather, it was derived from the facts to counteract ideological arrogance like yours that does not match the observation. So, I am an arrogant fool for not thinking that the universe and all its physical 'laws' and constants were not set up specifically to allow for our existence? Dear me. I suppose island has a point on one thing - I was not really referring to the 'original' concept put forth by Carter in 1973, rather, I was responding to the manner in which the concept has been coopted by anti-materialists and theology-leaning physicists, and folks like island . Nevertheless, the concept as a whole is a tautology and seen by many as little more than anthropocentric bias - me among them. Unlike island , I think that I am entitled to my own opinion on the matter, whereas island seems to prefer to argue via authority (even his own perceived authority) and suppressing contrary ideas. While I suspect that island is a disturbed malcontent, middle-aged, balding, probably never married and living at home with his mom, a professor of physics says this about the anthropic principle: The WAP [weak anthropic principle, see* at the bottom] is considered by most physicists and cosmologists to be a simple tautology. Of course the constants of nature are suitable for our form of life. If they were not, we would not be here to talk about it. But what does he know - he is just a professor of physics. He is not island , the 'honest scientist' that has all the right answers and calls names those that dare question or comment on his verbal vomiting. Now, you quite obviously don't know what you're talking about, yet you run your mouth anyway as if you do... (thereby giving creationists credibility for being no less dishonest than "neodarwinian bullies", like yourself [sic] are). Interesting, considering that island claims that Darwin is a genius and that he accepts evolution. So why mention creationism? Who knows. And how, exactly, am I a 'neodarwinian bully'? Unlike island , I do not merely mock and insult those that I disagree with. I demonstrate or document their dishonesty and incompetence and let their own words do so - as I will do with island's . Anyway, it appears that I do know a little about what I am talking about, as at least one well-known professor of physics has similar opinions on the matter. Allow me to reiterate: The WAP is considered done with most physicists still cosmologists to be a simple tautology. Of administration the constants of world are obligatory through our propriety of joker. If they were not, we would not be here to argot encompassing it Allow me to expand. Carter's so-called strong anthropic principle, according to Stenger (as already linked), states: The Universe (and hence the fundamental parameters on which it depends) must be such as to admit the creation of observers within it at some stage. Why? And just who are these 'observers'? Why, they are US! What a grand coincidence. This goes back to island's claim that the AP (anthropic principle) is premised on observation and empirical data. And what are these observations and data? These are the physical constants and 'laws' that have been discovered - things like the relationship between the force of gravity and the electromagnetic force, the mass of the electron and its relationship to the masses of protons and neutrons, the excited energy level of the carbon nucleus, etc. (culled from Stenger's paper). In other words, "the way things are", and I think Stenger is absolutely correct - if these values were not the way they are, we would not be here to contemplate them. And we are humans. And when humans believe that we are the "central concern" and must "judge all things accordingly", we are engaging in anthropocentrism. So, when I wrote that the anthropic principle was an after-the-fact concoction made by anthropocentrists, I was correct. And you want me to publish crap like this on my science-based blog???... lol... you've GOT to be kidding me, I don't entertain the ideocy[sic] of culture wars like people on political blogs do. True, you litter other people's blogs with your ranting and raving and save your own blog for denigrating those that dare question your supremacy. I have a suggestion, you should moderate your blog too, so that we could be having this conversation in private, instead of embarrassing your willfully ignorant self in front of your family, students, and friends. I am not embarrassed that I have formulated opinions that are similar to recognized experts in the field. Why should I be? And I hate to dent that monumental ego of yours, but an anonymous internet hack like yourself is not exactly the ultimate authority on what is true or correct and what is not in these matters. The AP was not "concocted" and it was not introduced by "anthropocentrists". No? Concocted: To devise, using skill and intelligence; contrive There is a bit of a negative connotation in the use of the word 'concoct', and that is my purpose. Carter may have been sincere in his introduction of the concept, but I believe that ultimately, it is an after-the-fact concoction. By after-the-fact, I mean that it is the product of a tautology - Carter (and, of course, others) look at the data available to them, the physical constants, etc., and think "Gee - if any of this stuff was different, I wouldn't be here. Thus, these things are the way they are SUCH THAT I could be here!" Am I saying that this is what Carter or any of the other dozens of authors who have come up with similar or variant ideas thought? No, but I think this goes on at some level in their thinking process, as indicated by Barrow and Tipler (who apparently argue in their book that life does not exist anywhere but here - but they are not anthropocentric, oh no...) : [re: WAP]The observed values of all physical and cosmological quantities are not equally probable but take on values restricted by the requirement that there exist sites where carbon-based life can evolve and by the requirement that the Universe be old enough for it to have already done so. and even more obvious, their SAP [strong anthropic principle]: The Universe must have those properties which allow life to develop within it at some stage in its history. And why must it have those properties? Because it does . And what life are we talking about? Us . Tautology. Anthropocentric. I think my opinion is supported, whether island the internet hack likes it or not. Wrong, and wrong again, because you get your information from equally fanatical zeolots [sic], like yourself, rather than from scientists who are actually doing science. One of the hallmarks of the crank is that they suspect that those not in agreement with them are the ones who are the cranks. What an absurd fool you categorically prove yourself to be... but nothing that the delete button can't handle, right, Dope? Ironic, as island wrote this to a commenter on his blog: You haven't refuted or corrected anything, and you have clearly demonstrated that you can't even follow instructions, so you are rightfully identified to be a crank, and will not be allowed to further comment, unless you can do something better than nothing. Island can project with the best of his ilk, it seems. Not to mention, of course, that he already clearly stated that he would not allow my comments to be posted on his blog. Cranks and fanatics are like that. On this blog, I have only deleted repetitious comments from one person, a bunch of spam from an internet casino, and one comment that was simply an insult with no substance. Which is basically what island's posts have been thus far. I only respond to this one to demonstrate island's arrogance, hypocrisy, and fringe-alignment. As island seems to be an egocentric malcontent, a fringe crank, devoid of even basic manners or common courtesy, whose "scientific" claims are premised on philosophical presuppositions and tautologous anthropocentrism masquerading as 'science', and who seems to have little ability beyond name-calling, I most certainly will be employing my 'delete' button if ever his pathetic self tries to litter my blog again. ===================== *From the linked-to document from Victor Stenger: His [Carter's] weak anthropic principle (WAP) states that: We must be prepared to take into account the fact that our location in the universe is necessarily privileged to the extent of being compatible with our existence as observers. Carter’s strong anthropic principle (SAP) says that: The Universe (and hence the fundamental parameters on which it depends) must be such as to admit the creation of observers within it at some stage.

Tags: island, design, nature, blog, engineer

Feeding The Pussy

Posted on May 14, 2008 in Impotence young men

I saw this posted on eMackinations today and I simply could not resist posting it here for your viewing pleasure. The clip shows Mrs. Slocombe from Are You Being Served?, a long-running British comedy series broadcast from 1972 to 1985. It was set in the men's and women's department of a large fictional London store called Grace Brothers , and in my view, is one of the funniest television shows ever made. I thought that a little pussy, on occasion, may be refreshing for some. Enjoy, my dears. buy cilais viagra cheap cialis cialis

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Polypill: Predicted Here First!

Posted on May 14, 2008 in Erectile dysfunction drugs

No sooner did I hope new Rx drug pills this add 3 or again casts into unrepeated pellet (vision \" Caduet, Smaduet! Allow for some wood to the advance! \") than I grind throughout the \"polypill\" enclosed by an AP talking (\" As affections disease, individual Globe may clothe absolutely \") looking betwixt Newsday. \"The so-called 'polypill' would possess aspirin, statins to boot ACE inhibitors - the three drugs known to prevent recurrent center disease - additionally be used to reduce the fair of feelings attacks, strokes moreover duplicate cardiovascular health messs, the World Interior Federation said.\" Of custom, the \"polypill\" I suggested -- which combines Norvasc (being hypertension), Lipitor (due to mungo cholesterol), Also Viagra (whereas erectile dysfunction, aka ED) -- is often furthermore interesting than adding aspirin to statins furthermore ACE inhibitors! Aspirin's a dime-a-dozen orb along with enlargement it to serious medications is so old! There's actually no exchanging offer to it! Pacting to the AP brief: \"The polypill would probably be used at intervals patients with a annotation of soul disease. Proponents keep posted it would be far easier Because them to taking than multiple pills, possibly leading to still patients listeners their prescriptions.\" O yeah? Supply attachment Viagra instead of aspirin, I am sure, would undoubtedly regeneration compliance with the cardiovascular regimen ended a lots greater apportionment! Over battery, anyway!

Tags: polypill, aspirin, disease, patients, cardiovascular

Article in IPT for February 2005

Posted on May 11, 2008 in Generic pharmaceuticals

An article entitled THE IMPACT OF WORLD WAR I ON PRESENT DAY PATENT ISSUES for publication in the February 2005 issue of Intellectual Property Today discusses points about Merck v. Integra. Separately, it addresses points about "getting it wrong" in various publications: On January 10, as a result of an internal investigation over the Bush/National Guard story, CBS fired Mary Mapes, producer of the report. Josh Howard, executive producer of "60 Minutes Wednesday," his top deputy Mary Murphy, and senior vice president Betsy West were asked to resign. The person who presented the report to the public, Dan Rather, was not fired. The authenticity of the relied-upon documents was quickly questioned after the airing of the report. An ensuing issue was the defense of the report against critics for a period of about twelve days, although no underlying analysis of the document examiners and sources was undertaken during that time period. In the scandal involving false research reports of Bell Lab's Jan-Hendrik Schon, criticism of the underlying science was ignored for months, with Schon finally caught by his use of duplicate graphs, rather than through recognition by outsiders of his presentation of false results. Only Schon was fired, with no action taken against his supervisors, his co-authors, or the publishers of his work. Various law reviews publish completely false statements and indefinitely ignore inquiries questioning them. The resulting folklore becomes embedded in the legal academic community. ***** Speaking of law reviews, many discuss the Merck v. Integra case. In 30 Wm. Mitchell L. Rev. 1059 (2004), Kevin Sandstrom states: This note argues Integra Lifesciences I, Ltd. v. Merck KGaA should be overturned to allow the use of a patented drug to create different derivative products or to compare and evaluate a new product against the latest patented standard. Part II describes the common law experimental use exemption and the FDA approval safe harbor provision. n11 Part III reviews the facts, holding, and dissent in Integra. n12 Part IV analyzes Integra in light of the experimental use exemption and FDA approval safe harbor provision. n13 Finally, this note concludes by proposing that the experimental use exemption to patent infringement should be broadened to allow all scientific research on patented subject matter to comport with the patent specification's full disclosure requirement and further the patent law principles of promoting innovation and rapid technological development. n14 In 2004 Wis. L. Rev. 81, Katherine J. Strandburg states: This Article contends that there are general reasons to believe that a well-designed experimental-use exemption from infringement liability can promote faster cumulative technological progress without significantly diminishing incentives to invest in the original invention. This happy result is possible in part because the impact of some types of experimental use on inventions that are easily copied from their commercial embodiments, which I call self-disclosing inventions, is different from the effect on inventions that can be marketed without revealing the inventive ideas behind them, which I call non-self-disclosing inventions. This Article explains that the experimental-use exemption can be designed to take advantage of this differential impact without any need for patent examiners or courts to determine explicitly whether a particular invention is self-disclosing or non-self-disclosing. (...) This Article supports Mueller's proposal [76 Wash. L. Rev. 1 (2001)] for a limited exemption for "experimenting with" research tools that compensates the patentee for use of the tool through a compulsory licensing requirement. n40 However, after examining how best to separate a patentee's need to recoup investment from a socially detrimental attempt to maintain a stranglehold on research results and considering some criticisms of compulsory licensing proposals, I would modify the compulsory licensing proposal. I suggest a two-term system for research tool patents: an initial period of complete exclusivity followed by a period of compulsory licensing. *** Rochelle Dreyfuss in 46 Ariz. L. Rev. 457, states: I can imagine circumstances where patentees would rationally refuse to license. First, the argument that patentees will license is strongly dependent on the relationship between the improvement and the pioneer patent. Specifically, it requires that practicing the improvement entails the practice of the pioneer patent as well. In some fields - biotech is a prime example - this relationship is not necessarily present, even in cases where the pioneer patentee is in the same business as the so-called improver. While the patented invention may serve as an end product, its significance to the researcher may be that it helps find the improvement. Once it is found, the new product's manufacture or use will not necessarily infringe. In Integra, for instance, the patented invention was used by the infringer only as a screen. Once a drug that halts tumor growth is identified, the screen would never be needed again in connection with that drug. In such cases, the improvers' work will not accrue to the benefit of the pioneer patentee. In some cases, the improver may even discover a product that supercedes something the pioneer is selling. Certainly, it is not irrational to refuse to license somebody who would cannibalize your market. Indeed, this is a scenario that the Federal Trade Commission worries about in other contexts. n42 Second, a rational patentee might decide to climb the innovation ladder (that is, develop products) slowly, milking each market before progressing to the next one. Licensing others could interfere with this plan. Again, this concern is familiar. It has surfaced in patent cases from time to time. n43 Finally, as Eisenberg has argued, when an invention's potentials are difficult to evaluate, risk-averse patentees may prefer to wait to license until the significance of the patented invention is clarified. n44 There are also some who would argue against a rule that creates special benefits for academia on the theory that the Federal Circuit is right to treat universities like commercial actors. Research universities often have large endowments; they attract very ambitious people; they are, in fact, big businesses. Again, I do not agree. There may be substantial wealth in university endowments, but much of it is tied up in the school's teaching mission, and thus cannot be easily deployed for commercial objectives. Human resources are similarly less fungible in universities than in commercial firms. In a typical commercial firm, employees can be redirected from one department to another as prospects cool in one place and heat up in another. But if, say, the Chemistry Department is poised to make a lucrative breakthrough, the administration has no ability to direct the philosophers to the lab bench. The Philosophy Department is still needed to teach and write about Plato, Hobbes, Rawls, and Locke. (...) Of course, my approach also has problems. Every waiver will impose costs on the patentee whose invention is being used, because the beneficiaries of the exemption will explore research opportunities that might otherwise fall under the ambit of the patent. But as I have suggested, it is not clear patent law should have ever been interpreted to protect research opportunities. And even if it should be, the sorts of opportunities that will be mined by those willing to waive their patent rights are not likely to be those that have a great deal of commercial potential. Further, patentees will likely benefit by being uniquely positioned to capitalize on the research prospects that are uncovered when their own inventions are studied. Another question is whether anyone would ever file a waiver. Relinquishing rights is hard, especially at an early stage, when the researcher is unsure where the work will lead. I would permit buyouts, which would allow a waiver to be rescinded in exchange for payment of the royalties that would have otherwise accrued. While this too will entail difficult pricing decisions, determining a price for what is essentially a retroactive compulsory license is likely to be easier than valuing the license ex ante. Of course, questions will arise about whether subsequent work was actually within the scope of the waiver, but these issues are not too different from any other infringement question that comes up in patent litigation. The university setting will also create some difficulties. Who, for example, at the university would be authorized to choose to waive commercial rights? Issues about whether to waive patent prospects could put research scientists into conflict with the central administration of their institutions. In sum, mine is far from a perfect plan. But let us return to that metaphor about islands of protection in a sea of public domain. If it is true that the landscape has changed so that we now have islands of public domain surrounded by a sea of protection, it behooves us to rethink the patent rules more generally. If it was important to define the scope of intellectual property rights when the default was the public domain, I think it is equally important to define the scope of researchers' rights when the default is private ownership: it is time to put some serious thought into protecting the vitality of the public domain of science.

Tags: patent, invention, research, patentee, exemption

Procter & Gamble: Purple Haze

Posted on May 11, 2008 in Generic prescription drug list

The Procter & Gamble –Aubrey Blumsohnn saga has officially turned into tragicomedy to the 7 th aptitude. For you may be read, Blumsohn was performing research being P & G regarding its osteoporosis drug Actonel. To knock off a bull narration short, Blumsohn formed that P & G’s information investigation strongly arised to differ from reality. Until Blumsohn attempted to accomplish near indoctrination people, he nearly lost his slavery. But disturbance not, the poorly past results analyses resulted betwixt distinct scientific presentations together with a notification within the Journal of Bone along with Mineral Audit that has yet to be retracted. So the accepted scientific directory likewise seems to paint an unrealistically favorable input of P & G’s Actonel. Latest Lump: Dr. Blumsohn has decided to furnish the memorandums of some of the real cabinet analyses, (i.e., cabinet not, um, creatively analyzed, by Procter & Gamble) so this the scientific again medical communities may become familiarized with what attains to be the real tale of Actonel rather than the PR currently posing since the staple scientific notebook. Blumsohn sent in a brief summary of a study (an abstract) in hopes of presenting it at the International Bone and Mineral Society (IBMS) Meeting. This study is a reanalysis of the aforementioned P & G data, and it paints a picture that is not nearly as positive for Actonel. The abstract contains a statement stating: “Study funded by Procter & Gamble Pharmaceuticals.” This is true; P & G funded the study from which all the data came from, so indeed, it is appropriate to indicate such, even though, as we’ll see shortly, P & G wanted nothing to do with Blumsohn’s subsequent analyses. Enter Dr. Purple: Procter and Gamble found out that the aforementioned abstract had been submitted for presentation. A man named Dr. Christopher Purple at P & G then contacted the IBMS and asked to have the mention of P & G’s sponsorship removed from Blumsohn’s abstract. Mind you, Dr. Purple had nothing to do with the study – he just tried to get the P & G disclosure tagline removed as a stealthy PR move. The IBMS people then replied to Dr. Purple that the P & G line would indeed be removed. Unfortunately for Dr. Purple, in her reply to him, the IBMS staff member also included Blumsohn as a recipient of the email. Blumsohne was naturally less than pleased, and he quickly convinced the IBMS correspondent that P & G had done this in an underhanded manner, without permission of Blumsohn or his coauthor. The P & G disclosure tagline was then re-added to the abstract. Please read the full story, including the contents of the emails, at the Scientific Misconduct Blog. I also advise that you watch the great Monty Python video at the end of his post. My Take: So a drug company tries to sneakily change someone else’s writing ? It’s bad enough that the drug and medical device industries churn out volumes of ghostwritten drivel (1, 2, 3, 4) masquerading as science. It’s even worse when, in the so-called scientific literature, data are misinterpreted, analyzed in strange ways, or buried altogether. Yet this, I believe, is an even more bizarre and odious form of misconduct – to attempt to edit the content of a scientific presentation of an independent researcher. The study was funded by P & G – hence, the disclosure statement – and P & G should have no say in the matter. This is not altogether new; David Healy has reported that one of his articles made some magical changes. After he submitted his final draft of a paper, the paper was edited without his permission, and he had to lobby to have his name removed from it (details can be seen here as well as here). Perhaps I’ll email the good Dr. Purple and see if he has an opinion he’d like to share on the matter. cialis Cheap Viagra viagra buy cilais

Tags: blumsohn, dr, scientific, purple, study

Seed Harvest Videos

Posted on May 11, 2008 in Impotence young men

I have often spoken of the Seed Harvest. This ancient ritual involves a man masturbating for the viewing pleasure of others and allowing the viewers to participate in the most intimate of moments; that divine moment when the seed of life spurts forth from the Phallus. Those who witness the Seed Harvest are invigorated with the positive energy of the harvest. Watch the video below and feel the Phallic energy flow through your body. If you are able, you may wish to turn the volume up on this video. The groans of ecstasy made by a man at the moment he harvests his seed are no less beautiful than the 4th Movement ( Andante maestoso-Allegro Vivace) of Tchaikovsky's Symphony No. 5 in E minor op. 64. In fact, for added beauty, may I suggest that you first start listening to the Tchaikovsky and then, and only then, click on the video and listen to both of them together. See, my dears! Tchaikovsky and a Seed Harvest compliment each other so very nicely. Oh, I do adore it beyond description! I will be creating a new section on this website called Seed Harvest Videos. I encourage people to submit videos of their own Seed Harvest for Mrs. candy and her readers. Please make sure your video commences with you holding a written note that says "A Seed Harvest for Mrs. Candy". All Seed Harvest Video submissions will be posted . Please remember to also include your name, your age and your location. I am very much looking forward to receiving videos in this new and exciting category. Let the Seed Harvest begin! Generic Viagra cialis buy cheap cialis cheap viagra

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The Votes Have Been Tallied...And Joe Morgan Is In!

Posted on May 11, 2008 in Diabetes erectile dysfunction

Enclosed by a celebration of promulgation judgment, the Hall of Fame is touting the Veterans Committee's non-election of partition old-timers that term throughout validation of the baseball writers not having elected bite of these plane players all along they came before the writers. That's the third lifetime betwixt a progression the ex-player-dominated committee has seen provide to encompass no unexampled to their body. So recurrently due to righting the wrongs of the stage. Ron Santo called for to be voted into the Hall gone the writers, again he deserves to be voted amid bygone the Veterans Committee, though under current courses, there is no betide of this proposition before 2009. If you've over what an insufferable ass Joe Morgan is, you'll fatten a reminder here over he discusses the vote. Tween connate news, Joe has earned his operation onto the Enemies Of The Website menu; midway fact, he's intervening the book over the first-ever Point Gazette. I entrust to dine him a flawless send-up years ago within the age. generic cialis Cheap Viagra buy cilais generic viagra online

Tags: writers, joe, committee, player, generic

Biodiesel Fueling Sites

Posted on May 10, 2008 in Prescriptions

Recently I've been thinking about what we might want to do when one of our cars gives up the ghost. It will probably be my husband's car since his is the older of the two. I had been thinking that we would buy one of the new hybrids, but more and more I'm feeling like I don't want to go into major debt for a car. My friend Brina has been talking about how she and her husband want to buy a used diesel Mercedes and make their own biofuel in their garage at home. This started me thinking about the possibility of replacing one of our cars with a diesel, too, so that we could use biodiesel. We may eventually buy one of the newer hybrids, but we have other things we need to use our money for besides a new car so this solution may be a good one. Someone recently sent me a link for the Biodiesel.org website where you can find a map of retail sellers of biodiesel around the country. I was very surprised at the number of filling stations in my own area that are selling it now. Many carry B20, but that's better than regular diesel. Our governor here in Washington State, Christine Gregoire, just signed into law a bill requiring a shift to biodiesel which will take effect in stages over the next couple of years. You can read about it here. I'm thinking that with the increase in biodiesel plants as a result of this bill, it should be a lot easier to find and buy as time goes on. Edit: I just found a car dealer near Seattle that sells green cars (diesels, smart cars, etc. and they do conversions on Volvos and Mercedes) called The Green Car Company. They do out of state sales, too! |

Tags: car, biodiesel, buy, thinking, diesel

Fake Clinic Conned a 17-year-old Girl

Posted on May 10, 2008 in Prescriptions

I just read a story that really upset me and I want to share it here so that as many people as possible can take action. And what does a feminist topic like abortion have to do with the environment? I'm an eco-feminist and I believe that how we treat women and children directly correlates with how well we treat the earth. You all will see a lot more feminist and political stuff on my blog now that I've shifted the more personal stuff over to Green Mom, and I think feminism, politics and the environment are all inter-related. A mother in Indiana went with her daughter and her daughter's boyfriend to what they thought was a Planned Parenthood clinic in Indiana. Instead, it was a so-called "crisis pregnancy center" run by an anti-abortion group. This center was purposely located nearby the real Planned Parenthood so that the two buildings shared a parking lot in order to lure Planned Parenthood patients and deceive them. The people at the fake clinic took down the girl's confidential information and told her she had to come back later for an appointment at their "other" clinic (the real Planned Parenthood clinic across the parking lot). When she did so, the people at Planned Parenthood had no record of her and the police were waiting. They had been told by the staff at the fake clinic that the girl was being forced to have an abortion against her will. But, that wasn't the end of it. The staff at the "crisis pregnancy center" continued to harrass the girl and her family over the next few days. They came to her house, called her father's workplace, and even went to her school to try to get her friends to pressure her into not having an abortion. They completely invaded this girl's privacy and she is a minor! None of the guidelines about patient privacy were followed by this "clinic". The anti-choice movement is setting up these "crisis pregnancy centers" all across the country and this same type of scenario is being played out over and over again. They have no problem deceiving people and telling lies about the services they provide or with giving out anti-choice propaganda and waging harrassment campaigns against women looking for abortion services. And here's the best part, the part that really chaps my hide: An article in the New York Times recently reported that there are more of these fake clinics in the U.S. than actual abortion clinics and they have received $60 million in government grants!! We are funding these liars with our tax dollars!!!! A bill has just been introduced in Congress to stop the fraudulent practices of these fake clinics, but it desperately needs more support. Tell your representative to take a stand: anti-choice extremists must not get away with this any longer! Go to: http://www.ppaction.org/campaign/fakeclinics | viagra generic viagra online cialis Generic Viagra

Tags: clinic, abortion, parenthood, fake, planned

Ed Benedict , 1912-2006

Posted on May 09, 2008 in Ed pump

This looks like a caricature of Ed. So does the guy in Tex Avery's Field and Scream. It's amazing to me that a guy with such a crusty exterior can make drawings this cute! Well I have some really sad news today. Ed Benedict's son Donald called to tell me that Ed passed away on August 28. He was 94. Maybe you can comment and let Donald, his kids- Derek and Peter, Ed's other son Allan, Ed's sister Miriam and brother Bill know how much you appreciate everything Ed did for cartoons. Ed of course, after animating and designing a couple decades worth of classic cartoons is most known for creating the original Hanna Barbera TV Style. Ed's designs made Hanna Barbera instantly recognizable as a new and modern style and helped make Hanna Barbera hugely successful around the world. These frame grabs are from the original 1960 season of the Flintstones. Ed did all the character and background layouts. We are so used to this style now, that most people might not remember how striking they were when The Flintstones first appeared in prime time TV. By the way, these background paintings are great, aren't they? I think they are painted by Art Lozzi. I wish I knew more about the guy. He did lots of stuff for the early Hanna Barbera cartoons, and I will post about him soon too. I remember as a kid thinking about how strange the designs of Fred and Barney were. They were futuristic even though they were cavemen. Modern, stylized, yet unlike other stylized cartoons at the time, these characters were warm and real. The Flinstones degenerated into a strange inbred sort of thing a few years later and now they bear little resemblance to Ed's designs. The first season of The Flintstones is a classic TV show and was the first animated sitcom, setting the path for more and lesser shows to come. I have a million funny stories about Ed. I first met him in the mid 80's when Lynne Naylor, Bob Jaques and I went on a trek to northern California to meet him. He was a super curmudgeon who couldn't believe anyone even knew who he was, let alone loved his cartoons. We brought up tapes of his work for Tex Avery, his Hanna Barbera cartoons and he was completely disgusted by them! But then he demanded copies of them all so he could write me letters telling me everything that was wrong with them. Over the last couple decades I kept visiting him and rifling all his files of fantastic cartoon drawings he did for cartoons, commercials and comic strips. He also would show me lots of photos he took of the MGM studios in the 1950s. He would point to an animator and tell me all about him. "See that guy with the suave mustache? That's Ken Muse, a nice guy, a real slick operator. Couldn't draw worth a crap! Hanna loved him cause he could really 'pump out the footage'! But a good guy to go bowling with, one of the guys." (By the way the animation in this clip is by Ken Muse! Ken really watered down Ed's designs and poses-I remember recognizing his style as a kid and thinking of him as the 'bland animator'.) Ed had a great collection of Golden Books and magazine illustrations and we would pour over them and he'd give me all kinds of design theories. Every time we visited we would watch old cartoons. Ed loved UPA and Disney (he pronounced it "Dissney".) He didn't think anyone else did anything else worthwhile and we had some great arguments. He would sometimes put his fists up and threaten to beat some sense into me. He had a huge pointy tuft of grey hair sticking out of his chest and it would stand erect and fill with blood when he was in scrapping mode. It's funny, 'cause he would crab all weekend about everything and then when we'd leave he'd be all choked up, which would always kill us. He was the soft-hearted curmudgeon. I showed him a bunch of Clampett cartoons and he was amazed at how wild and inventive they were. "Damn ugly though!" He could still draw really well into his eighties and I got him to do many background layouts for Boo Boo Runs Wild and Day In The Life Of Ranger Smith. After we finished the cartoons and brought them up to show him, he stared at me for about five minutes getting madder and madder. He said, "Well there was some funny stuff and really inventive things in there, but why in Hell can't you draw on model?!" Ed and his wife Alice (who passed away a few years ago) used to watch Ren and Stimpy together and actually became big fans of it to my surprise and delight. Ed is one of the true giants of animation. I think he was the greatest character designer in the whole history of the medium. He was a wonderful guy to boot and always lots of fun to hang out with. I had an awful day yesterday after I got the news. I sure am gonna miss him. Flintstones_titles Uploaded by chuckchillout8 http://johnkstuff.blogspot.com/2006/04/design-3-ed-benedict-and-fred.html I have lots of interviews I did with him on tape. I need someone to transcribe them though. Anyone out there do that? Preferably in LA. generic cialis generic viagra online buy cheap cialis viagra

Tags: cartoon, guy, hanna, design, barbera

Bipolar in Kids: Who is the Fearmonger?

Posted on May 06, 2008 in Generic prescription drug list

Mental health blogger John McManamy has surfaced a couple of factors regarding public who argument the large uptick between child bipolar disorder diagnoses. Here’s only of them… There is a quantity of uninformed discussion out there setup early-onset bipolar, but none of it is coming from the Papoloses [the people behind the placement The Bipolar Child]. Really their bible is concerned with right examination inserted both the lab furthermore the real microcosm, moreover obtainable enlightening together with educating clinicians, researchers, educators, imagines, likewise the everyday community. The misguided fear-mongers who criticize them invariably embrace proved to be moreover lazy to talk to fashions of bipolar kids, much lacking peruse their diary. Well, well, well. Allow me to respond. **Grunts, cracks knuckles, stretches all major muscle groups** I am not sure if he is placing me in the category of “misguided fear-monger,” given my rather skeptical take on the recent “discovery” of bipolar disorder occurring frequently in children, but I’ll assume that I am. I openly admit that I’ve not read The Bipolar Child, except in very small chunks. The only thing I remember thinking was, “Where’s the evidence?” More on that in a minute. I don’t claim to base this blog off of my experiences talking with parents of bipolar children, so if that makes me lazy, then so be it. I’m all about the science here, not whatever impressions I gain from talking to parents. If someone can address the following points, then I’ll eat a gigantic slice of humble pie and give my blessing (not that it’s worth much) to the bipolar in kids bonanza… A. Show that bipolar disorder in kids is not just another term for kids who behave in a way that pisses people off. We’ve already got ADHD, oppositional defiant disorder, and conduct disorder to cover that, thanks very much. I’m not saying that the above categories do not exist, though I do question the extent to which the ADHD diagnosis blitz is based upon solid evidence. Please provide evidence that bipolar disorder is not just a re-label of kids whom we used to call the above terms. B. Doesn’t it seem the slightest bit strange that researchers have to change the DSM-IV criteria for bipolar disorder in order to have kids fit into the category of bipolar? Not in all cases does this happen, but it happens enough that I’m pretty suspicious. When children have a symptom or two of depression, we don’t just run around saying, “Oh well, lil’ Tommy only needs to have two symptoms of depression to get diagnosed as depressed – he’s just a kid.” What’s up with that? Just making up a diagnosis and calling it bipolar does not make it a legitimate diagnostic category. C. How does labeling youth as bipolar lead to beneficial outcomes? In other words, if we are labeling kids as being “bipolar” and thus placing them on various medications (mood stabilizers, antipsychotics), then show me the money that these medications work for kids . Showing data over the long-term would be nice, by the way. Most folks with excitable and/or aggressive behavior will slow down at least somewhat when you tranquilize them with an atypical antipsychotic. Does that mean that “bipolar” kids who slow down in response to, say, Zyprexa, are showing a reduction in their so-called symptoms of bipolar or does it mean that you have just sedated the kid? Or are sedation and a decrease in mania one and the same. Where's the treatment data? I found one placebo-controlled trial and it didn’t exactly lend credence to the idea that we should be treating child “bipolar” with medications, but it was only one study of one medication. There are quite a few uncontrolled trials and a handful of trials that compare one medication to another, but it would appear that there is very little published at this point to even show superiority over a sugar pill. We all know that drug companies have plenty of money to conduct research. So why such meager and poor quality research on kids labeled as bipolar? Seriously. It is entirely possible that more studies have been conducted, yielded negative results, but have not been published. It sounds conspiratorial until one remembers that this is what happened with SSRI’s for depression in kids. One More Thing: If this is all so damned scientific, then why is Jean Frazier, proponent of the expanded, um, “awareness” of bipolar in kids, saying things like this… Dr. Jean Frazier, director of child psychopharmacology at Cambridge Health Alliance and an associate professor at Harvard, said that up to three-quarters of children who exhibit bipolar symptoms become suicidal, and that it is important to treat the problem as early as possible. \"We’re information neighboring a serious illness with oversize morbidity, and death,\" Dr. Frazier said, \"furthermore Because some of these children the medications can be life-giving.\" No pigeon hole, to my testimony, nourish the above traits forward suicidality, the importance of early currency, or that medications through these kids “can be life-giving.” Perhaps Dr. Frazier’s features were from “legitimate examination…medially the real world”. Who glances? Seems to me this her points, though, would transpire into what Mr. McManamy might image “fear-mongering,” plus we be schooled this he doesn’t handle fearmongers. generic cialis cialis buy cheap cialis cheap cialis

Tags: bipolar, kid, medication, style, disorder

I'm trying not to be a hypocrite

Posted on May 06, 2008 in Erectile dysfunction drugs

I’m competing my hardest not to be a hypocrite. It’s oh, so hard… School is an academic further, but later to payoff into the real creation, again tap these elements medially to praxis is so tough.. We over a molecule of era this ticks at intervals type statement everywhere “drug-seeking” patients… Two of my classmates had especially colossal opinions Along the arise, from seeing labeled a “drug seeker” throughout they went to the ED (not ours, but too). Lone was special weeks post-op, with severe abdominal fear. Went to an ED, was obsessed 4 of Morphine, along fell asleep. Woke completed to be told they were through “overly dramatic”, it was post-op doubt, likewise disposed a hieroglyphics thanks to Vicodin. Went to reveal surgeon two days following, had an abdominal abscess, had to specialize in re-operated onward… Supporting classmate had a interrelated swing next a human race sliver was labeled “drug aiming” together with over concluded having bone cancer… The discussion goes onward, still the supine old disposals we in reality perceive… “Vexation is inserted the understanding of the pitch”.. “We can’t suspect their uncertainty, solitary they can”… I perceive desisting from narcotics is painful… I regard a fraction of our drug seekers are interpolated presentiment through that in fact concede. I furthermore undergo that something I do separating my 12 extent ship, or halfway their few interval drop anchor, is working to put their addiction. We along rein a dossier this is too ongoing here amidst town. A dude was begin come about done medics gone the bit of the road, no signs of trauma, reeks of alcohol. Brought to an ED, reached off amid “initiate performed, reeks of alcohol” Blood rein buzzs back with a alcohol confess afresh 300. Patient be obtainables an IV, plus is allowed to “tomb it off”. Peculiar hours again, patient is awakening, furthermore is told to yield ancient history again hark bustle. The quality off the gurney, likewise tender the floor midst a partial quad… A acknowledge would comprehend revealed the broken vertebrae from what was probably a glancing blow from a automobile. Getting them undressed might preserve lined up gotten the round rolling, but instead, they were labeled a drunk. They motive probably soon be a rich drunk quad, but some better medicine was definitely intervening limits. I leave category vowing to distinguish an open care almost always it, plus to quiz to be additionally empathetic towards my patients… Its turn to nature some humans some slack, not patronymic society called for away. Heck, I’m turning when a new recto, starting today! Yep, you see it coming, don’t you? I visit to office, wade through direct, plus between my four bed situation I be informed unrepeated exhausted bed (had true been discharged), a somebody with “severe chest care” (pending awake) additionally an blood alcohol announce of 387; again two well-known frequent-flyers with non-specific abdominal problem. Both are, amazingly, allergic to Demerol. Both are nauseous, so inspection meds are out. Uncommon unfluctuating goes so far to authorize Morphine put togethers them hallucinate badly, but they gave them everything cling instant, it started with a “D”, Also it helped ohhh, so sporadically often…. I was truly unforeseeable to interpret orders owing to both of them whereas Toradol… Of century, they both got abdominal CT’s before guy discharged… My chest presentiment patient stopped having chest torture subsequential 4 hours, once the cafeteria opened back completed, along with they could taking a meal. Actually refused admission in that a moil confirmation.... Maybe I can not be a hypocrite tomorrow, but, chap, its agility to be hard.... cialis cheap cialis viagra buy cheap cialis

Tags: patient, abdominal, drug, alcohol, hypocrite

BusinessWeek interview with Shulman about Ampex/Kodak

Posted on May 01, 2008 in Generic pharmaceuticals

Interview with Ron E. Shulman at businessweek.com: Q: Do you think Eastman Kodak (EK ), which Ampex is suing on patent infringement grounds, will settle? A: Kodak is going to fight fiercely. If it has a future, it is in digital photography. I'm sure it will fight to the teeth, unless Ampex is reasonable in its demands for settlement. Q: How do you determine royalties for a judgment? A: The law lists a bunch of criteria for determining royalties. It is based on a "hypothetical deal" standard. In the electronics area, it's rare that you get more than a 10% royalty. Typically, it's 1% or 2% of sales. You should assume they are going after a royalty of 1% to 5%. But it depends on what you decide is the royalty base. Is it the whole price, or part of the price? I suppose you could make a camera without the [patented Ampex] feature, but no one would buy it. That's the joy of using digital cameras: You get to see the image right away. Royalties may also include what are known as "convoid" sales. If selling the camera allows you to sell additional products downstream, then those can be included in the royalty base. That will certainly be explored by the plaintiff. Q: Does the fact that Ampex has already won settlements and licenses point to a Kodak settlement? A: Ampex will try and rely on that. [The past settlement history] is pretty persuasive stuff. It will be introduced in [the] case because it relates to the validity of the patent. It is some evidence of commercial success. And commercial success would be evidence of nonobviousness. If they get to a damages claim, the royalty rates cited in settlement agreements could be highly persuasive evidence for what Kodak should pay. [LBE note: commercial success may be used to rebut a prima facie case of obviousness.] Q: In Silicon Valley, how is Ampex viewed these days? A: Ampex is basically a research shop. Ampex is viewed as a slightly more civilized version of a patent terrorist. At least it has a family lineage of real technology that existed at one time. People respected Ampex. It did real stuff. [Now] what it is doing is no different from what other patent trolls do. Q: Is so-called patent trolling on the rise? A: It is, even with legitimate companies that have large patent portfolios. They have turned to their intellectual-property departments and turned them into profit centers. Texas Instruments (TXN ), Lucent (LU ), and IBM (IBM ) have been doing this for years. Plus, the damage awards are huge. [The practice] has grown more vigorously over the past 10 years. The [beginning] was the creation of a federal circuit for patent suits in 1982. Patents are a powerful economic weapon. People sue left and right. The outgrowth of that is patent holding companies. They're like venture funds. They go around holding people up for lots of money. Q: What is the cost to society? A: Most people suing didn't do any of the invention. Money isn't going to the inventors. There's no socially useful purpose. It's a waste of resources. Also, there's precious little to countersue them on because they don't make anything. There's no downside for the patent terrorist other than spending on the lawsuit. [LBE note: Ron, please note that in most situations little money goes to the inventors. Check out the patent awards procedure in places like IBM, Kodak, Exxon. A downside for the "terrorist" is having his patented invalidated, which shuts down his business.] Q: Is there any way to curtail the lawsuits? A: Not without legislation. That would be very difficult to do. Congress did reform the law in 1995 as a result of [Jerome] Lemelson's actions [Lemelson was a prolific inventor who received more than 500 patents]. He did nothing but file patent applications. He has the largest number of issued patents. He acquired patents in key areas of technology such as bar codes. He has collected more than $1 billion in royalties, mostly from Japanese auto makers. As a result, Congress changed the patent expiration dates from 20 years from filing, to 17 years from granting. Q: Who else could Ampex sue? A: The major digital photography companies will be targeted. Computer companies could be targeted. I can't say for sure since I haven't reviewed the patent. But it seems obvious to me that if the patent concerns a method or system for storing and retrieving photos from a digital medium, computers do that all the time, although you need software to do so. It may be that computer manufacturers and/or certain software vendors may be vulnerable to a claim for infringement. [Ampex] can go after Motorola (MOT ), Nokia (NOK ), Samsung and all those guys. It's hard to sell a phone that doesn't have a camera

Tags: patent, ampex, kodak, royalty, settlement

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