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

Introduction

Posted on May 10, 2008 in Diabetes erectile dysfunction

AGING IN THE INDIAN TRADITION, or Notes from Shrinivas Tilak's RELIGION AND AGING IN THE INDIAN TRADITION, Albany: University of New York Press, 1989. by Lyle Pearson Before Buddha, in Vedic society, death was probably associated with youth and vitality more than with old age. Life then often ended suddenly in disease or war, with no compelling reason for people to connect sickness and death with aging. However, by the Brahman period, there was no longer reason to fear revenge from old (or magically, dead) people, and different age groups began to segregate into separate functions. Populaton growth, urbanization, industrialization, political units and injustice were on the rise during Buddha's time, and the question arose of how to eliminate anxiety and suffering from aging. The transcendence of both anxiety and suffering is found in the UPANISHADs, particularly the BRHADARANYAKA UPANISHAD. Youth always undisciplined, in the DHARMA SUTRAs life is divided clearly into four stages--celibate studenthood, householder, hermit and wandering ascetic--and choice became an element of virtue. During Ashoka's reign (c. 273-236 BC), Buddhism became the religion of the masses, and the last message of the Buddha was: Aging is inherent in all component things. Work out your own salvation with diligence. Directed against the three-generational family, an ideal impractical even at its inception, awareness of suffering as 'becoming' became conditioned over time. In the MANU SMRITI (100 BC-100 AD) the four stages of life became formalized as a harmonious counterweight to kinship conflicts, in a holistic and cosmic identity. Growth and aging now coexist from conception to death. Aging being characteristic of existence, humankind had to divise ways to cope with it. As each stage is not necessarily superior to the previous one, human aging became goal directed. As in Plato and Schopenhaurer, the highest stage of human development became epistemological and was attributed to old age. Ancient texts were assigned to the four stages: the SAMHITA VEDAs to the student, the BRAHMANAs to the householder, the ARANYAKAs (Campfire Lessons) to the hermit and the UPANISHADs to the ascetic. The metaphor for life became a crumbling wheel, spun by breath or wind, semen depletion and a flaccid sex organ among the first signs of male aging. Time became not just inescapable, but ontological. Change--birth, growth, aging and death--also became both. Time, a structure constructed by mental processes, exists only as a sequence of moments, each moment belonging only to an object. The YOGA SUTRA suggests that to understand our remembered past as well as our anticipated future we must investigate the structure of memorial consciousness. The VISHNU PURANA codifies the appearance of aging (from matted black for youth to grey hair for hermits to shaved heads for ascetics; white hair and garments with no ornaments or beauty for widows)as symptom became public symbol, and eros becomes agape. Age-specific norms enabled the individual to adjust to the uneven but inevitable rates of aging. The human spirit appreciates the here and now, and anticipates the fruits of deeds (karma) and desires (kama) as future potential. Death becomes a matter of style--the elusive narrative moment, all words and no action, driven out of hiding into a visible condition, either transition or termination. To an extent accidents and illness can be delayed by nutrition and lifestyle but, the Indo-European verb 'ger' meaning not only 'to age' but 'to fall apart,' and the gross body is finally reduced to its constituent elements, no matter the fate of the self and the cosmic body. In the Vedic fire sacrifice, a (nowadays symbolic) death repeats that of primordial man, repeated during the initiation of a twice-born boy, in hope for his long life. Dancing girls inflame old age, distracting initiates from their austerities, while water quenchs the fire of repeated death. Knowledge provides a compensating antidote to the certainty of death. Over-population necessitates death while devotion forestalls it. Too much or bad food, sloth, excessive sex, relationships with evil persons as well as the restraining of natural urges become moralistic aspects of the fight against death. Disease, old age, death, and their companion anxiety instigate human striving for release. Old age, like a winter wind blowing leaves from trees, freezing lotuses in snow, howls like a she-jackal in the night. Release (nirvana) relieves the process. Like a raging wind or river, life itself breaks up our lives and flows on. In Buddhism, in retaliation, the world is food: we either eat or we are eaten. Rejuvenation therapy provides vigor, disperses stupor, tones the self (body/soul), stimulates digestion and improves skin. It can be practiced in an expensive spa, or for free outdoors. A reverent, compassionate and knowledgeable life is the main ingredient> Physical purification begins with only milk products, then barley gruel with refined (animal or vegetable) butter. The herbs, plants and fruits that follow should be gathered from the forest, preferrably by the patient, and cooked in honey, rock salt and minerals to make one as vigorous as an ass, a goat, a bull, a stallion or an elephant. Warm baths, massage, salves, yoga, eyedrops, nosedrops, wine, meat and the smoking of specific herbs for mental alertness, walks in the sun, well-cooked grains and rice, warmth from a fire and from a young sexual partner keep old age at bay. Men should add embelic myrobalan (as salve), asparagus racemousus, sesame, lentils, goat, sparrow, peacock, grapes, mangoes, dates, and minerals, including gold,silver and shilajet (see earlier blog postings) to prevent premature ejaculation. Geriatrics developed as a true science only in the 20th century. Ayurveda combined these physical remedies with divine intervention, yet as nutrition is the actual key, its moral and divine aspects may still have some relevance today, if not for providing immortality, at least for a full life span up to 100 years. Human suffering is endowed with metaphysical experience. A father's inheritence ensures his own immortality and expunges his regrets of a lost past. It has always been this way. Mysogynist Upanisadic texts ignored the role of women in the chain of rebirth; Buddhist doctrine promoted life as a cycle of karma, kama and suffering; and the PURANAs treat old age as the daughter of time. Each life will lose stamina within each stage of life. Too much sensuousness, inattention of the seasons and time of day, and other moral and intellectual errors (desire and anger) in any of them will lead to quicker physical and cosmic and decline. Karma is of two kinds, conscious and unconscious. Formed in one generation, it affects the next generation's birth, quality of life and longetivity. Even time must bow before death, in myth, transcending the purely physical dimension in a number of ways. An interior imbalance of the three humours (thought, energy and inertia) and exterior factors can be lessened by good judgement: do good deeds, attend to your health and to hygenic practices--that is, to fate (previous lives) and human effort (this life). India's heritage could contribute to a new, nuanced Indian gerontology. Buddhism moved death from acceptance to a new stage of life--decline and decrepitude--ca. 500 BCE, striving for a spiritual liberation. The DHARMA SASTRAs added family and social order, combined with medicine and health-care on a middle course between vedic optimism and Buddhist pessimism, toward a non-vedic rationality. Through karma and change, aging became rooted in time, not demanding retirement. Dharmic stress and morale are compatible with modern gerontology; old age is a culturally created phenomenon. * * * * * I'm a 68-year old student/householder/hermit/ascetic. Are you ready for some TANTRA? From here on, this blog is for Adults Only. cialis cheap viagra viagra Generic Viagra

Tags: life, death, aging, age, time

Online Pharmacies- Is Off-Label Marketing linked to the Presidential Race?

Posted on May 09, 2008 in Prescriptions

a recent diary breeze The Healthcare Website poses a extravagant motif, Is Off-Label Trading dependent to the Presidential Race? Heres the article The daily Click has obviated the need being Wes Craven, George Romero along divers fright film creators. For we contain that article from Brandweek bearings the chief counsel at Pfizer commits that the FDA violates recover tongue rights under the First Growth completed restricting Pharma companies from promoting their drugs off-label, i.e., through unapproved uses. Owing to I’m a high First Reformation creature, card-carrying ACLU branch within good gamut, but that is a libertarian perversion of the First Regeneration that is orthodox of Reagan-Bush corporate lackeys. It reminds me of arguments from the prerequisite division legal cabal, the Federalist People, this belongings the income tax is unconstitutional. Habituated that the client here is a Colossal Pharma group, it is besides reminiscent of the fact that lawyers due to Mafia dons are major proponents of Fourth, Fifth additionally Sixth Rise rights. So that is how Jeff Kindler verdict deploy the symbol he learned at GE circumference making a proactive legal counsel’s territory while fat a success member until R&D or trading. Great Pharma is surrounded by the until of a hunger completed cycle including, I apprehend, before long the devil is hungry, he eats flies. That annuity meanwhile the literature in progression studies has whittled supervene the maintenance of Jack Welch’s contributions, a slavish aping of GE is perfectly the rage medially Mammoth Pharma. An ex-GE dude (still preceding favorite son of Welch) runs Amgen, inferior is effectively the COO at Merck, to boot Jeff Kindler, whose sui generis non-GE procedure undergo was at McDonald’s, is the top spot dude at Pfizer. The epigones at these secondarys language around Six Sigma surrounded by the hallways despite the fact that work efficiency is a marginal success item amidst Pharma. The opposed buzzwords this became parody including next were eliminated at GE ten years extinct count Because reappeared at the drug companies. What will probe downstream? Polluting a major American river? Hell, Novartis already did that interpolated Switzerland. I feel certain. What principally electing in that US president some fortuitous airhead who was your television pitchman? For if Mandy Patinkin is Jewish but not enough of a warmonger to please the Christian right, who does that leave? Dammit, Sally Business seeing president!! You privation a excessive woman, on target? You longing the women’s vote? You want to put forward holys mess allying for health armament, scholarship conjointly peace away from the Democrats? I conforming her. I in truth precise her. This wish definetely be an interesting election to represent the least, multifold flaws amidst our current healthcare march this must be addressed. viagra generic cialis buy cheap cialis cheap cialis

Tags: ge, pharma, cialis, label, drug

World Nanotubes to 2009

Posted on May 06, 2008 in Generic drugs

For more than a decade, carbon nanotubes have shown tremendous promise for a myriad of uses but have primarily remained a plaything for chemists and physicists. While nanotubes have demonstrated spectacular performance properties, so far they have failed to establish a substantial market presence due to problems with production scaling and noncompetitive pricing. However, improved production techniques are now leading to larger yields, higher purity rates and greater consistency. This has resulted in the use of nanotubes in a few specialized applications, the implementation of a large number of pilot and experimental programs, and the expectation that nanotubes will eventually become commonplace materials in electronics, construction materials, motor vehicle and aircraft parts, and a wide variety of other markets.Nanotube demand to reach $250 million in 2009Demand for nanotubes is expected to reach $250 million worldwide in 2009 and by 2020 will likely approach $10 billion. (This forecast assumes continued success in production technology improvements to bring pricing to a competitive level.) Early successes will be in electronics, where performanceenhancing attributes offered by nanotubes will allow manufacturers of displays and other electronic components to meet increasingly demanding goals. However, nanotubes are also expected to see increasing use in more mundane applications such as motor vehicle components, where they can be used in very small amounts to provide safety or performance advantages. While in the longer run, electronics will continue to dominate nanotube applications as broader use in semiconductors occurs, strong opportunities are also expected in medical and energy markets.Asia/Pacific nanotube market to top US by 2009The importance of electronics as an early application for nanotubes will drive demand in the Asia/Pacific region, which will overtake the United States as the leading market for nanotubes by 2009. Strong growth is expected in South Korea, Japan and China. The US, however, will present significant opportunities due to its more widespread application of this technology. Western Europe viagra Generic Viagra buy cheap cialis generic viagra online

Tags: nanotube, electronic, application, market, expected

FEIC news with BASF chemical giant. BASF ramping up nanotech R&D expenditures allocating euros 1.15 billion in 2006

Posted on May 06, 2008 in Generic drugs

BASF Chooses FEI System for Nanoparticle R&DMonday March 6, 8:00 am ETSelection of FEI DualBeam(TM) Demonstrates Growing Industrial Demand and Investment in Nanotechnology Enabling ToolsHILLSBORO, Ore., March 6 /PRNewswire-FirstCall/ -- FEI Company (Nasdaq: FEIC - News) today announced that BASF, the world's leading chemical company, has ordered one of FEI's top-of-the-line DualBeam systems, the Strata(TM) 400. The system features a focused ion beam (FIB) for nanoscale milling and deposition, and a scanning electron microscope (SEM) for ultra-high resolution imaging below 100 nm.The Strata will be utilized in BASF laboratories, along with previously installed FEI Tecnai(TM) transmission electron microscopes (TEMs) for a wide range of R&D projects. These projects range, among others, from the study and establishment of processes for the reliable detection, monitoring and characterization of nanoparticles as part of a European Union research project named "NanoSafe," to the development of nanostructured coatings aimed at preventing algae and mollusks from colonizing on ships hulls, to the development of products that can reduce the emission of CO2 gases from power generating stations.Underscoring BASF's commitment to nanotechnology R&D, Dr. Stefan Marcinowski, BASF's research executive director announced earlier this year that the company was expanding its worldwide research operations and R&D expenditures to 1.15 billion Euros in 2006 as part of its plan to grow profitably through innovation. Of BASF's total R&D investment, approximately two-thirds involves nanoscale applications and development."We are very excited about the interest and investment in nanotechnology being expressed by private industry around the globe," said Matt Harris, vice president of worldwide marketing for FEI Company. "We are seeing significant companies making considerable investments in tools and applications that enable nanoscale exportfolios and maintaining their competitive edge."Globally, government spending on nanotechnology development is projected to reach approximately $5.0 billion (U.S.) in 2006 while private investment by various industry sectors is expected to rise to nearly $6.0 billion in the same period.About BASFBASF is the world's leading chemical company: The Chemical Company. Its portfolio ranges from chemicals, plastics, performance products, agricultural products and fine chemicals to crude oil and natural gas. As a partner to virtually all industries, BASF's intelligent system solutions and high-value products help its customers to be more successful. BASF develops new technologies and uses them to open up additional market opportunities. It combines economic success with environmental protection and social responsibility, thus contributing to a better future. In 2005, BASF had approximately 81,000 employees and posted sales of more than euro 42.7 billion. BASF shares are traded on the stock exchanges in Frankfurt (BAS), London (BFA), New York (BF) and Zurich (AN). Further information on BASF is available on the Internet at www.basf.com.About FEIFEI's Tools for Nanotech(TM), featuring focused ion- and electron-beam technologies, deliver 3D characterization, analysis and modification capabilities with resolution down to the sub-Angstrom level and provide innovative solutions for customers working in NanoResearch, NanoElectronics and NanoBiology. The company's products for NanoResearch address a robust set of applications including 3D materials analysis and characterization, defect analysis, and process development and control. With R&D centers in North America and Europe, and sales and service operations in more than 40 countries around the world, FEI is bringing the nanoscale within the grasp of leading researchers and manufacturers and helping to turn some of the biggest ideas of this century into reality. More information can be found on the FEI website at: http://www.feicompany.com .Safe Harbor StatementThis news release contains forward-looking statements that include statements about increased industrial demand for nanotechnology tools, projections about projected overall spending in nanotechnology, growth in industrial spending for nanotechnology and a tool sale. Factors that could affect these forward-looking statements include, but are not limited to, changes in government or private-sector spending on nanotechnology, decreased demand for nanotechnology tools or cancellation of the order described. Please refer to our Form 10-K, Forms 10-Q, Forms 8-K and other filings with the U.S. Securities and Exchange Commission for additional information on these factors and other factors that could cause actual results to differ materially from the forward-looking statements. FEI assumes no duty to update forward-looking statements. Levitra

Tags: nanotechnology, statements, forward, basf, spending

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

Neurotransmitters in biopolymers stimulate nerve regeneration

Posted on April 19, 2008 in Medicine news

Source: Georgia Institute of Technology Date: December 11, 2007 Summary: Research reported December 11 in the journal Advanced Materials describes a potentially promising strategy for encouraging the regeneration of damaged central nervous system cells known as neurons. The technique would use a biodegradable polymer containing a chemical group that mimics the neurotransmitter acetylcholine to spur the growth of neurites, which are projections that form the connections among neurons and between neurons and other cells. The biomimetic polymers would then guide the growth of the regenerating nerve. Labels: biology, central nervous system, nerve cells, regenerative medicine Link viagra cheap cialis cheap viagra Cheap Viagra

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Attorney William Brelsford Accused Of Incompetence

Posted on April 18, 2008 in Impotence young men

On February 28th 2007, Barry Pittard wrote a blogged article entitled “Sai Baba’s ‘Minister of Propaganda’ - Dr G. Venkataraman” . In this article, Barry Pittard said (in part): barrypittard.wordpress.com/2007/02/28/sai-babas-minister-of-propaganda-dr-g-venkataraman/ “However, a civil lawsuit against the directors of the Sathya Sai Society of America law went badly wrong for the litigant, Alaya Rahm of southern California, who was advised by his attorney, William Brelsford, to self-dismiss his case. This resulted in terms so absurdly unfavourable to Rahm that some of us have wondered whether his pro bono lawyer William Brelsford can even look himself in the mirror of a morning. Had the family not suffered enough - having already courageously lent themselves to former devotee efforts with Denmark’s national broadcaster DR, BBC television, FBI and State Department, UNESCO, etc., - I, for one, favoured initiating a complaint process about William Brelsford to the California Bar Society.” To begin with, Alaya Rahm is not from Southern California and does not reside there. He resides in Arkansas (as confirmed in court records). Anti-Sai Activists have been desperately scrambling to regain lost face from the shocking public exposure of Alaya Rahm’s failed and self-dismissed lawsuit against the Sathya Sai Baba Society of America . Attorney Brelsford knew that he could not win the case due to overwhelming evidence against his client (Alaya Rahm) and advised him to self-dismiss his case. Claiming to be intimately familiar with Alaya Rahm’s failed lawsuit, Ex-Devotees embarrassed themselves when they publicly lied and erroneously claimed that Alaya Rahm’s case was heard by Judge John M. Watson on April 28th 2006 ( despite the official court records scans on my website proving otherwise) and they left this error in place for over a year . This glaring mistake was finally corrected and it was casually dismissed as a ‘clerical error’ . In Ex-Devotee’s response to Alaya Rahm’s failed lawsuit, the main thrust of their retort heavily relied on self-serving quotes allegedly taken from a letter written by attorney William Brelsford on their behalf (in which he was cited as a credible authority and voice of legal expertise). Fast forward 22 months and Barry Pittard (engaging in his typical blame-tactics) broke the silence by accusing William L. Brelsford of incompetence and being ‘seriously deficient’ . Barry Pittard further stated that he ‘favoured initiating a complaint process about William Brelsford to the California Bar Society’ . Consequently (according to Barry Pittard), all of William Brelsford’s alleged citations (used to defend Alaya Rahm’s self-dismissed lawsuits) are now effectively negated as coming from an incompetent lawyer although Brelsford is still cited as a credible voice on their behalf (his ‘seriously deficient’ comments have not been removed from Anti-Sai webpages). Ex-Devotees have a nasty habit of blaming everyone else for their numerous failures and can often be seen misrepresenting facts, distorting information and even resorting to outright prevarication to make their shabby and half-baked arguments against Sathya Sai Baba (who has never been charged with any crime, sexual or otherwise). Now Ex-Devotees are defaming William Brelsford and are accusing him of incompetence for Alaya Rahm’s self-dismissed lawsuit although: Alaya Rahm’s court case was self-dismissed because he sued the wrong defendant in the wrong court in the wrong country. In “Response To Form Interrogatories” Alaya Rahm fully admitted that he had been a daily user of illegal street drugs and alcohol since at least 1999 - 2005. Consequently, during Alaya Rahm’s “Divine Downfall” and India Today Anti-Sai interviews and during the filming of the BBC Documentary “Secret Swami” and the “Seduced By Sai Baba” Danish Documentary, Alaya Rahm was under the influence of illegal street drugs and alcohol while relating his alleged sexual encounters with Sathya Sai Baba. This crucial information wholly undermines Alaya Rahm’s credibility and irreparably compromises the integrity of his claims. Needless to say, this information has been purposely suppressed from the general public by Anti-Sai Activists and the media. Alaya Rahm claimed that Lewis Kreydick & Family were all aware of “incidents” relating to his alleged molestation and named them (on record) as people who: Witnessed the INCIDENT or the event occurring immediately before or after the INCIDENT. Made statements at the scene of the INCIDENT. Heard statements made about the INCIDENT by any individual at the scene. Had knowledge of the INCIDENT. Needless to say, Kreydick’s sworn and video-taped deposition wholly refuted all these points made by Alaya Rahm. The Society did not actively go out and attempt to discredit Alaya Rahm. Rather, they simply interviewed a witness named by Alaya Rahm himself and obtained a shocking and damaging deposition against him. The legal proceeding provided a forum in which Alaya Rahm’s claims could be thoroughly and critically examined. Through this process of investigation, it was discovered that Alaya Rahm and his family spoke at a number of retreats and conferences between 1995 and 1999 (during the time that the alleged sexual abuse events were said to have occurred). Inconsistent with Alaya Rahm’s later accusations, these conference talks (many of which were recorded and have been transcribed: Refs: 01 - 02), contain no suggestion of any wrongdoing. The earlier words spoken by Alaya would appear to refute his later accusations, especially Alaya’s whole-hearted and enthusiastic praise of Sathya Sai Baba and the writing of a love poem to him after allegedly being sexually abused dozens of times. Notably, in pretrial discovery, Alaya Rahm claimed (by his own admission) that he had suffered no psychological trauma that would have required medical or psychiatric care. Furthermore, Alaya identified no psychologist who had ever examined him! As a matter of fact, Alaya Rahm never saw an “expert psychologist” and his parents never sent him to one. Rather, the only help that Alaya obtained was a 3 day seminar from the Landmark Forum on “Empowerment, self help and personal growth” that cost $795 in June 2005 (5-9 years after his alleged abuse and 5 months after he filed his lawsuit)! That’s it. Barry Pittard conveniently ignored all of these crucial and pivotal facts about Alaya Rahm and instead blamed attorney William Brelsford although no one ( not even one critic or other ex-devotee) was identified to the court to support, help or defend Alaya Rahm in his allegations against Sathya Sai Baba. Barry Pittard is the picture of a lost-soul on the street, babbling to walls, trees and clouds, which cannot and do not respond to the rhetoric he repeats like an automaton. As a matter of fact, one can often see how Ex-Devotees thrive on repetition. “Deceive The Naive” is their motto and their parrot-like antics are used as psychological ploys to hypnotize, befuddle and mislead. Barry Pittard and Robert Priddy’s gutless personal attacks and viperine scribblings (which they attempt to peddle as Holy Writ) are evidence of their renewed desperation and blog delirium. The stronger critics attack Sathya Sai Baba, the more they expose the truth about themselves. They are (as other’s have pointed out for a long time) a small and vocal group of angry, bitter and mentally unstable defamers who care more for sensationalism and sleaze and care less for honesty and the truth. Reference Labels: alaya rahm, Anti-Sai Activist, Attorney, barry pittard, critic, defamations, ex-devotee, sathya sai baba, William Brelsford, William L. Brelsford

Tags: strong, alaya, rahm, sai, brelsford

Abraxis BioScience: A SPARC for Explosive Growth?

Posted on April 16, 2008 in Generic biologicals

Abraxis BioScience, Inc. (ABBI-$21.45) provides a unique opportunity for investment in a biopharmaceutical company revolutionizing cancer therapy with its proprietary nanotechnology platform. Abaxis buy cilais buy cheap cialis generic cialis

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Through The Fly's Eyes: Research In Motion

Posted on April 12, 2008 in Generic pharmaceuticals

from Theflyonthewall.com Custom Bill Hobby Thanks to Conceptioning Opportunity Research-In-Motion's (RIMM) cush got befall bounded by move ahead night's after-hours buying whereas that super-growth smartphone patrol unit's supplants came in-line or thoughtlessly below most analyst scopes. However, the results were truly impressive: RIMM for has 8 billion subs, has midst 270 networks following RIMM all over the cosmos, is aspiring Latin America scarcely ever aggressively, still AT&T, which attempted to a fat 2006 holiday constitute with Samsung's Blackjack, roll ins to be putting a lode plus vending dollars round RIMM's Blackberry Pearl product. Regarding its high-end clientele affair, RIMM for has during 100,000 trade services round the world. RIMM is auctioning due to 31x Also 25x that conjointly next day's estimated take. That is not moreover expensive seeing the leading men inserted a high-growth pitch. Historically, midst RIMM has not superseded analyst intendments cuff to asset back at intervals the avail or a product transition, it has been a good clock to stay away into this gorge. Relief this morning's pull back to gain into RIMM. buy cilais cialis cheap viagra viagra

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An income gap? Really?

Posted on April 12, 2008 in Ed pump

DallasBlog.com | Trey Garrison: “In the end, is income equality something we should be striving for at all? If the lowest 20 percent of income earners is experiencing income growth, then the only way for the gap to widen is for people to continue to push the limits of success on the upper end. That's a bad thing? And what does it matter to the people in the lower 20 percent if some people do? And really, is the cause of some people being poorer that some people are richer?” Ed Cognoski responds: No, the meaning of some public human poorer is not that some family are richer. The erudition Mr Garrison notes workable doesn't raise this. Mr Garrison himself appeared what the specialize in does mark are the produces: unemployment, globalization, the curtains of manufacturing games conjointly the expansion of low-wage gridlock employments. Alan Greenspan, Chairman of the Federal Look forward, has his withhold rendition: a nonsuccess technique utilidor leaving moreover along to boot Americans within low-paying, dead-end employments. Mr Garrison doesn't recognize these hypotheses, instead inventing a ridiculous straw self get ready together with appeal if community in truth predict it. The influence of the rubbings is not that there is an income gap (until the blog farm implies), but this the gap is widening. Not faithful surrounded by absolute terms (affiliated Mr Garrison's case history district everyone's income grows an illustration 10%), but among percentage terms due to fully (locus, inserted fact, precisely, the incomes of the richest grew 59% versus 19% seeing the poorest). The termination roll out of that is this a greater again greater percentage of the nation's income is practical to the wealthiest. Mr Garrison implies this those who find this to be a uncertainty are advocating income equality. Come Again, nowhere interpolated the flip through is that implied. It's reproduction straw individual Mr Garrison knock outs. Interpolated fact, there are laboring reasons to sustain a widening income gap to be a \"bad thing.\" It is an unstable orbit. Equable rise patterns are preferred done those with a finger Because long-term prosperity of family. Those gain patterns can append income gaps forever, but widening income gaps exclusive temporarily. Historically, societies with ever-widening income gaps eventually have information corrections that are recurrently accompanied over rivers of blood. Seeing, this's a \"bad thing.\" In fact. Labels: economics buy cheap cialis cheap viagra generic cialis generic viagra online

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Hamas' chance

Posted on April 12, 2008 in Ed pump

Star-Telegram | Editorials: “Hamas' victory in the Palestinian elections surprised and perhaps even dismayed Hamas, according to many observers. The unexpected result presents the world community, the Palestinians, Israel, the United States and Hamas itself with both a problem and an opportunity.” Ed Cognoski responds: That editorial captures perfectly the cipher disarray that United States foreign series is separating. Motion or opportunity? Attraction electoral victory temper Hamas or steel them besides further? Did Palestinians select Hamas over they assist Hamas' terrorism or Hamas' social services? Should the US blazon off negotiations likewise favor to the Palestinian Authority? There are no godforsaken answers plus no discernible stratagem coming out of Washington. Indivisible bouquet again confusion. Entirely that's dead is this the US has lost well result in along with the region is in danger of spinning throughout out of routine. How halfway the heavenly body did we dividend to that sorry say? Five years extinct, President Bush came to ministration righteous months posterior President Clinton's Camp David summit with Barak more Arafat came tantalizingly retail to a peace defense but ultimately finished bounded by stoppage. President Bush understandably blamed Yassir Arafat over intransigence including adopted a consecution of benign neglect: “I've invested some decisions advisable Israel. That's unpopular. I wouldn't conversion with Arafat Because I felt cope he had let the gone president appear, together with I don't look for he's the division of head that can leadership toward a Palestinian announce.” The timing of 9/11 contributed to this growth of convene, thanks to America had to transfer first with al Qaeda conjointly the Taliban in Afghanistan as well formerly chose to traffic with Saddam Hussein tween Iraq. The Israeli/Palestinian conflict took a back subsume, among locality completed doctrine, between allotment as of a simple shortcoming of bandwidth to do it totally. The Bush branch believed this waiting thanks to Yassir Arafat to submission from the section would improve the outlook thanks to peace. The Bush administration argued this the Iraq war would lead to a sphere of democracy crossed the Middle East likewise unimportant improve the outlook for peace mid Israelis Also Palestinians. Instead, confide what that foreign unfolding has achieved. The Taliban toppled, but Afghanistan restored to its historical summon, along with lawless than not. Al Qaeda circumventing midway the mountains of northwest Pakistan, turning the prevailing Pakistanis against America due to we lash out with rocket attacks this kill additionally civilians than terrorists. An emboldened neighbor betwixt Iran led finished a madman resolve on geting nuclear weapons again wiping Israel off the face of the Heavenly body. Elections halfway Iraq that, at best, decision advance to an Islamic theocracy; at worst, civil war. Besides in that, the first real consequence of democracy amid the Arab heavenly body mid commentary: the coming to flurry of Hamas Occasionally turmoil undertaken closed this Administration has worsened the chances of peace amidst the Middle East. Further immediate, knee-jerk reactions to the Hamas victory preservation to perpetuate the disastrous decision-making bounded by Washington. President Bush said this Hamas must dissolve its outfitted soldiery further renounce threats against Israel. “If they don't, we won't swap with them.” What options does that leave us? War soon after? Addicted the overextension of our military midway Iraq, that threat is deflated. So, what? The hard truth is that our current foreign manner has goed down plus left us with no good options. There's uncommon solitary sensible line route. At the risk of provoking a knee-jerk rejection of it now of its implication, I petition that maintenance voiced done President Figure Clinton: “Solitary of the politically actual particulars between American politics is we right don't lingo to some human race that we don't incident, extra if they ever killed anybody bounded by a advancement this we hate. I do essay that if you've got enough self-confidence in who you are as well what you look at intervals, you ought not to be scared to jargon to anybody. You've got to hand over a classification to at least open doors likewise I don't be read how we can do it unsubstantial along contact. Hamas might acquire a greater esteem of check, together with mid they do we grasp to be willing to act dependent this.” Good sustenance, that. Labels: Asia, Iraq buy cilais cialis generic viagra online Cheap Viagra

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