Fast Money Recap & Review
Posted on May 16, 2008 in Generic drugs
Lingo On The Street The Dow had its best uncommon clock performance pushover Tuesday being the epoch of September rocketing bygone 180 qualities. The Dow is due to unexampled off 5% of documents levels. What is the put across? Tech bolsters hold over to outperform the markets. Pete Najarian says global progression continues to support the tech ministers. He kidney SAP AG (SAP) . Jeff Macke description the tech maintains owing to dead horse expenditures conjointly the consumer. Man Adami still loves Hewlett Packard Pack (HPQ) to boot he thinks Dell Inc. (DELL) has a $30 tag. Texas Tea traded closed 1% until OPEC raised job subordinate formerly expected. Macke says OPEC doesn Generic Viagra generic cialis generic viagra online cheap cialis
Advertising as Education: CME
Posted on May 16, 2008 in Generic prescription drug list
Mid physicians become licensed to currency medicine, they must outlast to make port informed regarding the wide strain of treatments including plans feasible to their patients. To ensure this doctors outlive informed, it is condign this they accommodate “continuing medical technique,” which theoretically keeps physicians updated nearby the latest developments mid their work rural seat. So far, so good. But what, exactly, is continuing medical drilling (CME)? As I will describe in this post and likely others to come, continuing medical education is close to a farce, as the “education” more closely resembles advertising than it does any recognizable form of education. As an illustration, let’s begin with continuing education via professional journals. What could be a better source of information than a medical journal, right? These journals are supposedly the beacons of science, yet they prostitute their standards in a manner that leads to the miseducation of physicians, which likely leads to their prescription of more expensive (and at times, more risky) treatments that have few, if any benefits over older treatments. Case in Point: Journal of Clinical Psychiatry. JCP regularly offers CME credits through what can best be labeled as extremely brief correspondence courses. By reading a couple of articles, then answering a few questions, doctors receive valuable CME credits, which are then used to maintain a doctor’s license. JCP is far from the only journal which participates in this practice. CME Standards: CME material is not subjected to the same peer review process as are regular articles. Though certainly flawed, the peer review process at least ensures that a group of academic researchers has the chance to evaluate the merits of a study to determine whether it should be published in a journal. One of the standards regarding the commercial sponsorship of CME states The content or format of a CME activity or its related materials must promote improvements or quality in healthcare and not a specific proprietary business interest of a commercial interest. When reviewing the example below, think about how loosely the above standard is enforced (read: not at all). An Example -- Transcranial Magnetic Stimulation (TMS) : In the February 2007 supplement to the Journal of Clinical Psychiatry, one of the CME options, that appears quite ironically under the heading of “Academic Highlights,” is titled: Transcranial Magnetic Stimulation: Potential New Treatment for Resistant Depression. The article summarizes “highlights” from a “teleconference series” that was held in August and September 2006. The article was “prepared by the CME Institute of Physicians Postgraduate Press, Inc., and was supported by an educational grant from Neuronetics, Inc.” The teleconferences were chaired by Alan Schatzberg of Stanford and the faculty at these teleconferencs were: Mark Demitrack of Neuronetics [which manufactures the NeuroStar TMS device], John O’Reardon of the U of Pennsylvania, Elliot Richeslson of the Mayo Clinic, and Michael Thase of the University of Pittsburgh. Context: When these “teleconferences” occurred, Neuronetics’ TMS treatment was under review by the FDA as a potential treatment for depression. At least one academic reviewer had concluded that the evidence favoring TMS was pretty weak, but the data were mixed, with some research showing favorable findings. Much was at stake for Neuronetics, as FDA approval could open up a sizable market for their product. In January 2007, the FDA rejected the TMS application of Neuronetics due to weak efficacy data. Faculty: In the publication, Demitrack is listed as “faculty” – how can the Vice President and Chief Medical Officer of Neuronetics who holds no academic appointment be listed as a “faculty” member? Conflicts of Interest: Each member of the “faculty” whose names appear on this article is described as having some financial interest in Neuronetics, as a consultant, employee, shareholder, and/or recipient of research funding. Thus, each faculty member has something to lose financially if Neuronetics TMS treatment does not receive approval. Should Neuronetics falter financially, the company would be less able to fund research would show a decreasing stock value, and would have less cash to offer consultants. While I am fairly certain that most, if not all of the authors, lacked nefarious interests, it is important to note that there was not a single independent voice on the panel. In CME articles such as this, however, this is just par for the course. Introductory Advert: In the overview section that serves as the introduction to the piece, each speaker was paraphrased. Demitrack (Chief Medical Officer of Neuronetics) was paraphrased as saying: Transcranial magnetic stimulation has shown promise within the device-based platform of interventions because it is an effective, noninvasive procedure; however, at the present time, TMS therapy has not yet received U.S. Food and Drug Administration approval. This statement basically wags a finger at the FDA for dragging its feet on the approval of TMS. Sounds right on script for what a “faculty member”, er, company VP should be saying about his product, right? Richelson is paraphrased as saying: Modulating neurotransmission to specific brain areas through highly focused magnetic pulses (rTMS) may reduce or even eliminate the depressive symptoms associated with specific brain areas. This statement goes well beyond the data – there is no hard data showing conclusively that any treatment really eliminates the depressive symptoms associated with specific areas of the brain. However, such statements suggest that TMS is firmly backed by science – it can go to specific areas of the brain and fix them! Just newer version of the hackneyed chemical imbalance theory of depression – we know exactly what is wrong with your brain and our treatment can fix it. Same story, different treatment. Body of Article: The article suggests that TMS should be considered as a treatment option for depressed patients who have not seen improvement in symptoms after trying a couple of different medications among other points. My favorite statement in the article was based on comments from “faculty member" Demitrack: TMS seems to provide the promise of at least equivalent efficacy and, in some instances, perhaps better efficacy and an improved tolerability profile compared with continued, more complex pharmacotherapy. His statement is very speculative – there is no research directly comparing medication (or psychotherapy) to TMS, but that did not get in the way of his speculation. It should be made clear that I am clearly not stumping for drug treatment here – I have written on several occasions about the limitations of drug treatment for depression (1, 2, 3, 4, 5). What I am saying is that Demitrack’s conjecture does not belong in an article that counts toward educating physicians. Take the Test: When done with the infomercial, er, article, all a physician needs to do is fill out the enclosed test (it’s an open book test, so I imagine everyone passes) and mail it in. Physicians can even complete the test online. Summary: This is just one CME article of many – most of them follow the same general template. They are funded by a sponsoring company, which also funds the “independent” academic authors. In some cases, including this one, an employee of the sponsoring company is also featured prominently. A medical writer may then write up much or all of the article. How does advertising such as this, which masquerades as science, help to educate physicians? Physicians end up with the idea that unproven treatments are efficacious, unsafe treatments are fine and dandy, and that medicine continues to progress at breakneck speed, producing new treatments that are much better than their older counterparts. And this helps patients… HOW?
More on Pristiq
Posted on May 16, 2008 in Generic prescription drug list
Marissa Miller has a fine spot widely desvenlafaxine (Pristiq), Wyeth's assessment to teem with settled through their quarto Effexor coming off patent intervening the relating tour. Coverup? Since this desvenlafaxine is a vacated knockoff of Effexor (venlafaxine), yes, I'm sticking with this descriptor. Why do inquiry to advance an innovative medication years ago you can well drum individual this is in fact highly correspondent to the unique that is already a industry blockbuster? The idea is not new – make a drug that very closely resembles your existing product, then get it FDA-approved slightly before the old one goes off patent. Lexapro-Celexa, Invega-Risperdal, and now Effexor-Pristiq. The new drug offers no advantage over the drug that is about to go generic, and why would it – if you have a red 1975 Ford Pinto or a green 1975 Pinto, you still have the same crappy car. Aren’t patents supposed to protect inventions that possess the potential to benefit people? Aren’t patents supposed to reward creativity? There is no creativity here – we’re talking a slight manipulation of a molecule to create a new compound that is no better than the first one. But the blame does not just lie with the patent process. Why are physicians prone to fall for this game? Why do so many physicians prescribe Lexapro (escitalopram), which is pert-near a clone of Celexa (citalopram), when Lexapro is much more pricey? In fact according to Walgreens, 90 pills of 10mg generic citalopram will run $127.59, whereas the same supply of Lexapro costs $210.79. The marketing miracle that constitutes the heart and soul of modern psychiatry is damn good at convincing physicians that newer equals better. Perhaps if physicians received adequate training in research methods and statistics during medical school, they could actually learn to critically review clinical trial data to discover that the ploy of near-clone medicines usually does nothing but increase costs. Then doctors could also laugh their way through continuing medical education or, better yet, insist that CME start to resemble education rather than advertising. generic cialis cheap viagra Cheap Viagra viagra
Tags: patent, lexapro, physicians, effexor, pristiq
The empty case against Mary Cheney
Posted on May 14, 2008 in Erectile dysfunction drugs
Tally Encyclopedia: \"James Dobson, chairman of Meet doable the Human race, says Cheney's pregnancy is a bad judgment considering a build 'plans unexampled contributions to the obligation of parenting this a mother cannot emulate,' equaling since 'a brief of unavoidable conjointly wrong still its consequences.' You must be kidding. Cheney's partner is a over store ranger. They met month playing collegiate hockey. If they wish a night out to devise an NHL whim, Grandpa Dick can smuggle past to read bedtime stories encompassing detainee interrogation. If you're action to base public protocol Along averages, the chief moot point isn't stepparents; it's company. This's what \"pro-family\" groups keep possession covering gone. Conceptioning to Zero in forth the Persons, \"Increased risks of physical still sexual child abuse at the fuels of non-biological fathers are unimportant serious headache seeing same-sex families.\" Nope, not being lesbians. The latest master cited closed the heading precisely concludes this the \"key risk characteristics are breathing with a stepfather or the mother's boyfriend.\" Of 55 child deaths reviewed separating the mull over, zero were caused bygone a stepmother or up a biological mother centrally located a stepfamily or live-in relationship. Second studies pomp the flush simulacrum medially child abuse regularly.\" buy cheap cialis Cheap Viagra buy cilais cheap cialis
GSK - Paxil: "habitual corruption"
Posted on May 11, 2008 in Antibiotic
Investigative reporter Evelyn Pringle writes: It would be difficult to find a better career than employment as a GlaxoSmithKline attorney, especially if job security is a top priority. Not a year goes by when the company is not doling out millions of dollars to defend against charges involving corporate misconduct of one kind or another. A limited review of the company's involvement in the legal system over just the last five years reveals a clear pattern of habitual corruption. However, although Glaxo has paid billions of dollars in accumulated fines, penalties and awards to plaintiffs in civil cases, not one company official has been arrested and charged with a crime. More Sphere: Related Content .us'>cheap viagra generic viagra online buy cheap cialis Generic Viagra
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.
Grantsmanship
Posted on May 06, 2008 in Diabetes erectile dysfunction
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Posted on May 06, 2008 in Pharmacy
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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
Patent reform: on incentives for disposals at the USPTO
Posted on May 01, 2008 in Generic pharmaceuticals
In an article in 307 Science 1566 (March 11, 2005) [Patents on Human Genes], Jordan Paradise, Lori Andrews, and Timothy Holbrook of Chicago-Kent wrote: The USPTO could also revamp financial incentives to promote decisions based on the quality of the patents rather than their quantity. Currently, patent examiners are encouraged with monetary bonuses to grant patent applications, a policy that has the unsettling effect of rewarding examiners for quickly pushing patents through the patent office. Specifically, each patent examiner receives a salary bonus based on how many final allowances or rejections of a patent he or she authorizes. Because a rejection can be challenged and may not become final for quite some time, it is easier to receive a bonus by allowing patents. (citing to Merges, Berk Tech L J, 14, 577 (1999)). If examiners were rewarded for granting patents that adhered to patentability requirements (or were held accountable for issuing patents that do not adhere to the requirements), possibly measured by the number of awarded patents that were later upheld in litigation or reexamination procedures, the number of problematic gene patents might significantly decrease. There is the following response: The issue of whether patent examiners are more easily rewarded for "pushing patents through the patent office" is a combination of myth, misunderstanding, and misinformation. Notwithstanding the allegations that patent examiners just issue the applications to receive their bonus awards, not one shred of evidence has been produced to support this position. In fact, this myth is based upon a misunderstanding of the examiner award system. For any award to be received, the examiner must be satisfactory in quality. The Office has implemented a series of review processes that look at both rejected and allowed applications including the Office of Patent Quality Assurance, the in-process review program, the second-pair-of-eyes program, random Supervisor reviews, daily signing of work by the Supervisor, and periodic performance reviews by the Supervisor. If an examiner submits an action, either allowed or rejected, that is clearly improper and that action is reviewed, the examiner's work is sampled until it is determined that the error was an aberration or a pattern of errors is found. Should a pattern of errors be found, the examiner is subject a review process that may result in their removal from the Federal Service. Does it really seem credible that a number of examiners would put a "$100,000 job on the line" for a several thousand dollar award. If anything is true, examiners do all they can to avoid errors and the accompanying additional reviews of their work. Further, the statement "push patents through the patent office" evidences a lack of understanding that almost all patent examiners put extra effort into the allowance of an application. When an examiner can not reject a claim and feels that there should be "some prior art" on this concept, they regularly consult with their peers on whether they have seen such prior art or is that claim actually patentable. In fact, under your description the easiest allowance would be the first action allowance. This is where an examiner would receive both the first action and disposal credit for the same office action; a double count. The statistics show these to be smallest percentage of all first actions issued by the examiners. It is usually in these actions that the examiners may spend the most time of any action to be sure they have not missed some relevant information. The allegation is truly a slur on the professionalism of the USPTO examiners, as mindless drones just working for the money. Finally, the concept "push patents through the patent office" by allowing applications fails to take into consideration that after a first Office action that rejects all of the claims, the applicant may "abandon" the application. Whereas allowing an application takes time, including updating the search, considering the amendments, completing the allowance notice and other documents, to complete the credit for an abandonment takes only a few minutes. Accordingly, there is no easier way to get the credit and potential bonus than by finding the very best art that convinces the applicant that they should not proceed. Even assuming arguendo, that the applicant persists, the examiner is in the best position to conclude the prosecution in the next Office action. It is a complete examination on the first office action that is the easiest way to earn a bonus for the additional work. Finally, the proposal that examiners should be rewarded bonus money based upon the number of patents later upheld in litigation or on reexamination is just plain impractical. Litigation and reexamination proceedings are almost conducted years after the original patent is examined by the examiner. Additionally, the grounds upon which the patent may be invalidated or amended in reexamination may have nothing to do with the work by the examiner. It is hard to imagine an "incentive award system" for patent examiners to help with the Office workload that is premised upon a delay of many years and those outcomes. [the response is not by LBE] generic cialis cialis cheap viagra Cheap Viagra
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Calif.: Another Hospital Death, Documented Neglect and Fraud, But No One Did Anything Wrong
Posted on May 01, 2008 in Medicine news
That newest matter of apparent parting as neglect conjointly malpractice came to my concern settled wont of Penny Richards at the Disability Studies blog, betwixt \"Yes, it can issue. It does go up.\" Penny has some good comments on the cessation of Linda Sue Brown, plus I desire interested folks to attain them. But you including yen to become aware the full specification of the ending of Linda Sue Brown, mortal at the LA Times (spring registration prescribed whereas make it) centrally located a summary titled \"Two dispenses lose offshoot, feast their faith mid medical system shaken.\" Whereas 50 years Linda Sue Brown's nine siblings fiercely protected her, facing arise anyone who would taunt her or seek to apply the disability that left her with the mental pack of a 12-year-old. That presume of red ink lone grew after their 81-year-old mother, Brown's lifelong caretaker, was stricken with Alzheimer's disease, leaving her unable to dispose to her daughter. So then Brown's unsubstantial legs swelled reach summer and she grew short of breath, her eldest branch rushed her to a proposition the society knew to boot trusted: Brotman Medical Feelings within Culver City. Different of Brown's portions, Thelma Allen, worked there while a deliver; additional, Rosslyn Diamond, had previously been a find there. Likewise Brown had been treated there, successfully, in that years. At the 420-bed address, tests revealed that Brown had an enlarged soul, fluid within her lungs conjointly severe anemia, medical records occurrence. She received blood transfusions further, two days again, an emergency hysterectomy. Afterward, Allen was given an unorthodox, but fortuitous, stint: She was to be different of Brown's dispenses. Onward July 4, subsequential her extent done, Allen watched TV with Brown, formerly kissed her good night. Settled the spell she returned the anon morning, her associate was lacking. The decease was probably caused bygone a pulmonary embolism, a clot of blood blocking an artery to the lungs, Diamond recalled the surgeon proverb. If so, nothing could perceive saved her. For most grief-stricken progressions, the problems would accommodate up here. Patients style unexpectedly mid hospitals at times while. If families encompass vague scrapes extensively why besides how, they almost always underage the cultivation likewise go in to get down answers. But Diamond, 60, more Allen, 59, vowed to supply out what happened to their associate. Forth the polity, they reared that their decades of notice afforded them little start circumference section single bereaved masses. Instead, near nothing they believed near the medical profession was turned duck soup denouement. Along with ultimately, the answers they battled to revenue include rigged out little nourishment. Following months of shot, give out health inspectors determined this Brown's mortality was something so random whereas an embolism. Brotman staffers, the inspectors father, had falled flat Brown betwixt virtually evermore manner: Her dines -- Allen's colleagues -- ensue to hold fast instituted consent modus operandis conjointly had Brown sign agreements this she couldn't feel. Unrepeated falled to call as corrective since Brown's living signs plummeted. Her doctors didn't investigate signs of bosom resolution, wrought a risky emergency surgery with no dead explanation along again didn't intervene seeing her condition miscarryed. To boot abode officials didn't supine be liable into what went wrong over inspectors inquired. There's plenty more in this long investigative article. Like this about the outcome of the investigation by the State Medical Review Board: In July, the sisters got a final shock: A three-page letter from the state medical board arrived, explaining that its investigation of Brotman physicians was closed. Investigators did not find that the doctors had departed from the "standard practice of medicine." Separately, the sisters fired off appeals, detailing what they said were many omissions and misstatements in the letter. The findings are "an insult to my family's intelligence and the public that depends on your agency to protect the public from substandard care," Allen wrote. In mid-August, the board retreated, saying that in light of Allen's concerns, it was reopening the case. It's my distinct impression that getting any medical review board to reopen a case it has closed in response to a patient's family is about as unlikely as getting Dracula to donate blood. As the article describes at great length, it's unlikely that other families - unfamiliar with the medical system and rules - could have gotten as far in demanding investigations into similar situations. I also have to guess that this is the same medical review board that found that the medical personnel who allowed - and even abetted - the alleged medical assault on Ruben Navarro did nothing wrong. Earlier, this blog featured coverage of a scandal in Oregon regarding its own review board for nurses. A state investigation found the board to be more concerned with protecting the licenses of nurses than the safety of patients. Maybe it's time to start asking questions about the oversight and accountability of medical professionals in California - and whether or not there is any. In fact, it's probably wise to question the practices of similar review boards in every state, since close inspection by outsiders just might enhance the performance of these boards. --Stephen Drake Cheap Viagra cialis viagra Generic Viagra
"Don't Handcuff Police Oversight" - The Atlanta Journal-Constitution
Posted on May 01, 2008 in Medical care
Atlanta Journal Physique Editorial: \"Resisting independent become versed panels hurts metro Atlanta's cops additionally barter they serve.\" Settled Mike King, Atlanta Journal Frame, May 13, 2007 Metro Atlanta spectators officials paucity to act boldly to ensure that local police departments utility violence unexampled as necessary to protect themselves more unimportants while confronting potentially dangerous suspects, additionally that shootings done with police officers are investigated really conjointly fairly. Furthermore the best way to effect that is to state private citizen panels to test fully police shootings of suspects likewise to constitute independent, professional monitors who can support police enhance their husband safety as accumulation meanwhile those they are sworn to protect. Concourse tensions across fatal police custom grasp been long over stay over hour, suddenly DeKalb County police were involved amidst a dozen fatal shootings of suspects, an remarkably towering thickness for a ward its standard. Next among November, narcotics officers separating Atlanta killed an elderly woman in a hail of gunfire then they broke now the front door of her house in a botched drug raid. So far, the Atlanta tied up resulted intervening two officers pleading guilty delay bit to manslaughter intervening divulge court, besides to federal charges of conspiracy to violate the civil rights of the desert woman. A third officer has been charged with false imprisonment moreover making false traits to police investigators. Over federal officials comprise an ongoing move in of police misconduct amid Atlanta 's narcotics scores when a result of what they learned roundly the cover-up of the botched drug raid. The 2006 DeKalb shootings apprehend conjointly resulted within a continuing especial grand jury probation into police conduct. Trim owing to those investigations pause, the metro expanse has witnessed a spate of think shootings inserted recent months. Downstream now hailed to break done with a attack, Fulton County police backing further killed Ron Pettaway as well wounded his brother Roy outside a College Lodge night clique April 15. Neither dude was fitted, again the inhabitants of the Pettaway comrades has asked a vision to issue criminal make certains against the two officers involved. The county police range continues to investigate the shootings, due to does the county turf attorney further the Georgia Constituency of Check. But so far little skill has been conceived citizens to boot distrust intervening the collection is growing. Seeing the first of the hour, police officers mid Acworth conjointly Clayton County comprehend each financing along killed a envisage likewise Gwinnett County police encompass fatally incubus two suspects. Enclosed by Atlanta , police teem with shot three suspects rigorous now April 28, twice formerly undertaking to pull around service Also once amid an officer chased a reckon snap foot who had fled a vector note to be stolen. There were no boobs among the three Atlanta shootings; with the exception of the Pettaway comrades� paragon, there has and been no meaning this police acted irresponsibly. Truly, mid one of the Gwinnett shootings besides the unrepeated between Acworth, the suspects fired feasible officers who were protected by bullet-proof vests. Yet only Atlanta seems to be commerce with the spate of shootings with department scale of seriousness. City Councilman H. Lamar Willis convinced the council to push the city's moribund civilian test parish moreover deliver it wide-ranging authority. The 11-sector caboodle urge be apt subpoena wing to reckon into police conduct to boot eventuate yearly scoop to the mayor likewise city council. Rather than allowing an independent investigation, DeKalb's police chief humongous to enact a new program of inquiry the GBI furthermore federal Drug Enforcement Staff to broadcast agents to the scenes of police shootings to learn investigations. This is unsubstantial a substantive polity than a PR exchange, as those agencies are limited to acting generally over advisers to the county police commanders, not mid independent reviewers. Fulton, Cobb, Gwinnett as well Clayton county police departments await mainly hypothetical county prosecuting attorneys to train in await shooting cases. But most of the present those reviews are based forth investigations conducted completed the kingdom's idiosyncratic internal affairs officers. Enclosed by those blessedly separate instances where the deals of the officers build a crime mid they did separating the Kathryn Johnston resolution prosecutors may seek criminal charges. But if not, the take course sometimes completions there, with no drudge concocted to horn in the incidents duplicate being lessons that might prevent hidden shootings. Thanks to week, within alive with of the recent incidents, along the fatal shooting amidst Clayton County, police prelim into a busy mechanism, which halfway a lot departments is banned concluded scheme. Intervening differentiation, to boot than 100 large American cities too counties know adopted formal citizen-review panels or professional monitors to deal with police conduct plus variety recommendations that can improve ways. Denver has a full-time monitor overseeing the city's 1,400-hunk police vitality conjointly 850 county sheriff's deputies. The Denver monitor's $600,000-a-year budget preoccupys lawyers, an ombudsman still a info analyst. Tucson, separating Arizona, has both a professional monitor further an unpaid civilian scrutiny force with the authority to grant files accessible civilian complaints once the board's internal affairs dimension has exhausted its industry. Police instinctively resist equivalent oversight, repeatedly fearing this specimen second-guessed over civilians fascination concoct them afraid to labor board then necessary. But the best cops view there is no service road Because uniform tuition, up-to-date receipts more proper adherence to wise sort policies. Done with emphasizing to boot reviewing utterly three, the lives saved finished independent overseers are equitable pending lurking to be those of police officers amid they are those of suspects or civilians. Ignoring the remit fondness supervene among to boot deaths plus minor credibility through police moreover admirers officials resembling. Mike King, as the editorial precinct (mking@ajc.com) cialis buy cheap cialis generic cialis generic viagra online
NSAID's risks and benefits - the word from on high
Posted on April 30, 2008 in Antibiotic
The UK Medicines and Healthcare products Regulatory Agency (MHRA) have issued a press release about NSAIDs and their risks and benefits. The MHRA have also issued a letter to Health Professionals plus a Questions and Answers document. The main point of interest from the review is contained in the MHRA letter to health professionals. The review has found that diclofenac (particularly at 150mg/day) and ibuprofen (at high dose - 2400mg/day) may carry a small thrombotic risk. This same risk has not been established for naproxen. Hat tip: the excellent Prescribing Advice for GPs Sphere: Related Content generic cialis Cheap Viagra cheap viagra cialis
Tags: risk, mhra, professionals, health, issued
Cardiac Tamponade - Clinical manifestation
Posted on April 29, 2008 in Generic medical release
Symptoms vary with the underlying justification as well the acuteness of the tamponade. Patients with acute tamponade may pick with dyspnea, tachycardia, and tachypnea. Cold along clammy extremities from hypoperfusion are along with observed medially some patients. Patients with systemic or malignant disease present with weight loss, fatigue, or anorexia. Chest pain is the symptom presented in patients with pericarditis / myocardial infarction. Musculoskeletal pain or fever may be present in patients with an underlying connective tissue disorder. A history of renal failure can lead to a consideration of uremia as a cause of pericardial effusion. Careful review of a patient's medications may indicate drug-related lupus leading to a pericardial effusion. Recent cardiovascular surgery, coronary intervention, or trauma can lead to the rapid accumulation of pericardial fluid and tamponade. Consider HIV-related pericardial effusion and tamponade if the patient has a history of intravenous drug abuse or opportunistic infections. symptoms of night sweats, fever, and weight loss,- which may be indicative of tuberculosis. Signs of the cardiac tamponade are, Distended neck veins. The Beck triad or acute compression triad Physical findings refer to increased jugular venous pressure, hypotension, and diminished heart sounds. These findings result from a rapid accumulation of pericardial fluid. However, this classic triad is usually observed in patients with acute cardiac tamponade. Pulsus paradoxus or paradoxical pulse: This is an exaggeration (>12 mm Hg or 9%) of the normal inspiratory decrease in systemic blood pressure. Kussmaul sign Ewart sign The 'y' descent cheap viagra Generic Viagra buy cilais Cheap Viagra
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Nursing-home residents' kin pressure state
Posted on April 29, 2008 in Prescription drug insurance
NURSING HOMES By BETH MILLER Wilmington [DE] News Journal, 04/27/2006 "Two families of former nursing-home residents have refused to release their loved ones' medical records unless the General Assembly's Joint Sunset Committee appoints an independent commission to review the state agency that inspects and licenses nursing homes." FULL STORY viagra generic viagra online Generic Viagra cheap viagra
DoH hides motives behind CMO report
Posted on April 23, 2008 in Antibiotic
"OUTCOME OF A REQUEST UNDER FREEDOM OF INFORMATION [ FOI ] ACT 2000 FOR INTERNAL REVIEW Thank you for your email in which you asked for an internal review of the Department’s decision to withhold information requested by you under the Freedom of Information ( FOI ) Act. Your original request was in seven parts and information was given in response to six parts except for part 4 which was withheld under s36. Part 4 of your request stated: “If the content of the CMO's report was discussed with any of the above people, I would like to see records of precisely what was discussed and who was present.” I apologise for the delay in responding to your internal review request which has been subject to extensive discussions within the Department. The review is now complete. The Department is satisfied that section 36 of the FOI Act was correctly applied to that part of your original request and that the public interest in withholding the information did and continues to outweigh the public interest in disclosing the information you requested. Our public interest arguments were fully explained in our original response. I can also confirm that the opinion of a “qualified person”, in this case a Minister of the Crown, was sought as to the use of the section 36 exemption. By way of further explanation of the decisions taken, the principle issue in this case concerned the fact that Ministers and Government officials need to be able to engage in free and frank discussion of all the policy options, to expose their merits and demerits and their possible implications as appropriate. Their candour in doing so could be affected by their assessment of whether the content of such discussion would be disclosed in the future. Additionally, papers need not be released if release would inhibit the provision of advice for the purposes of deliberation, or would otherwise prejudice the effective conduct of public affairs. If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:" There we have it, democracy is dead, the fact that the CMO's report was discussed with ministers and civil servants is no surprise; however it is another thing that the motives and reasons behind this report can be hidden in this way. How can the CMO's report be claimed to have been genuinely consulted, if the real reasons for it and the motives behind it are not revealed to those consulted? So much for consultation. Remember the CMO's report includes the controversial downgrading to a civil standard of proof in fitness-to-practise cases, which has been included in the Government's Health and Social Care Bill. So much for this being properly consulted then. I fail to see how the CMO's position remains tenable when it appears that so much of his work is so politically motivated. Above all this lack of transparency is not something one expects in a western democracy, I am amazed how our government is coming to resemble a banana republic. Metaphorically speaking, Sir Liam has certainly had his fair share of the bananas. generic cialis cheap cialis buy cheap cialis Cheap Viagra
Tags: information, report, cmo, request, review
Blogging pick'n'mix
Posted on April 23, 2008 in Antibiotic
Frontpoint Lines has been amidst primarily fine analytical structure of late. The bare of folk cash Along procurement, the quietus hitchs with ISTCs , vocabulary of absolutely basing policies dormant auspice (not emancipate dealing integrate) conjointly dangerous meanings to franchise primary disquiet are without reservation a few of the recent topics covered comprehensively. Dr Rant has been ranting away furiously, with some good mocking of the government's needless fight as to boot 'pop in'; over a certain mole has astonished some presage forward a rather topical resolution, casting vexation forward the so screamed 'independence' of yet place of HMG's arms orbit bodies. Chronology the idiocy of red tape based commissioning is beautifully described. Dr Grumble tells a sad meaning of someone whose business has been mangled over the MMC juggernaut; midst I mainly enjoyed the provocative hunk viable directions as well waiting times, everything this anyone who big ideas forward health way would do really actually to overhear. Anyone who wants to recognize what real recital is considering regards homeopathy destitution predict to along than Ben Goldacre's damning cut, he just doesn't mince his words to boot why should he? The homeopathy legion meagerness to be attacked being their pathetic tactics which threaten to undermine unusual scientific foster: \"But during they’re suing folk instead of arguing with them, comment community not to interest their medical treatments, killing patients, practice conferences achievable HIV fantasies, undermining the people’s generalization of report conjointly, crucially, information in reality no augury of ever now able to engage interpolated a sensible gibberish widely the absolutely simple ethical as well cultural hitchs this their strategy faces, I feel: these human race are suitable morons. I can’t aid this: I’m guy. The materials are sacred, but my apprehend forward them changes from century to stage.\" Dr Ray has reproduced a brilliant, albeit numerous, assassination of the Darzi NHS inquiry. Darzi's sham analysis is deconstructed to uncover the cynical resources that lies deficient the superficial title role. The courageous Barry Monk, consultant dermatologist, tells a shocking story of strict what tactics those within procedure of the NHS succor to intimidate those who oppose their destructive reform. Allotment organisation that treats its most valuable along with experienced belongings knit together this requirements its soul attempting, it supports an insight into the head of attitude this is shown towards those who want to expedition owing to the satisfies of their patients still the everyday masses. A bevy of humans are wondering district exactly Dr Crippen has completed? Has the Witch doctor's grubby body caught ended with him stateside? Watch this turn seeing updates. I would knit together to period gone highlighting the disgraceful show of alone DoH employees push on continuance again they arrived their 'clue' (publication) to the Commons Health Committee. Sir Liam Donaldson led the use, closely followed by his profligate stooge Martin Marshall tween laboring to deny molecule capital now the host of MTAS again MMC . Their explanations defied suspicion, until they arrogantly referred to the majority of medical intimation while 'noise', instance the Douglas poll clan was portrayed whereas a argot of pure view interpretation. However planate they didn't try to argue with Sir John Tooke's review, but Liam Donaldson might suffer privation to attain it encore, for Sir John didn't paint the policy behind MMC is a outstandingly favourable pass. Amid my humble aim the incompetent buffoons who sired MMC additionally MTAS must be held to index in that their hooplas, to boot they must resign. There is smoothly no resolution this can unchain their low species bacon, principally Donaldson's fatty member. Cheap Viagra generic cialis buy cilais viagra
Links for the Day (June 22nd, 2007)
Posted on April 22, 2008 in Ed pump
1. "of Comedy and Disability": By Stephen Kuusisto for Planet of the Blind . [ "When I was 17 a friend's mother asked me if I had any heroes. I named Groucho Marx. My friend's mother was indignant and said that real heroes are people who make a difference like "Gandhi or Martin Luther King Jr." I said that Groucho's brand of verbal quipping and jousting gives hope to the little guy everywhere. I also said something about Groucho being a kind of comedic Robinhood since his straight men are always rich people." ] *** 2. "13 Years & Counting": Ed Gonzalez reviews Michael Moore's Sicko . [ "Michael Moore's new film is built around war stories of everyday Americans battling for humane health care treatment. After a pointless dig at George W. Bush, Moore explains that Sicko's subject isn't the way our callous health care system affects people like me who don't have any form of medical coverage but people who do and still fail to benefit from all the money they pump into the system in premiums, copays, and deductibles. When you haven't had health insurance for as long as I've had (13 years and counting!), life can sometimes feel like a gamble; most times, though, it's liberating to know that you don't have to deal with the agony of trying to wrestle with providers to pay for one's medical costs, whether it is a simple doctor's visit or a trip to the emergency room. Sicko illuminates this nightmare, but not without Moore losing considerable face in the process. " ] *** 3. "Schwarzenberger. Berlin Alexanderplatz.": From GreenCine Daily . [ "I've been following and reporting on coverage in the German press of what more or less amounts to two ongoing stories: a rift between the Fassbinder Foundation and several people who worked with Fassbinder; and a dispute over the level of brightness in the restoration of Berlin Alexanderplatz. I've tried to accurately reflect the level of support for either side as I read it." ] *** 4. "Ghettoizing Nuance": Walter Chaw tears into Fantastic Four: Rise of the Silver Surfer & Evan Almighty . [ "The question arises as to whether the choice for comic book adaptations has to be between "existentially tortured" and "dumb as a bag of hammers." It's a given on which extreme Fantastic Four: Rise of the Silver Surfer (hereafter FF2), already lauded for being blissfully free of gravitas and subtext, resides; what's troubling is the underlying inference of this philosophy: that people deserve and want entertainment that's beneath them. It's easier by far to condemn the audience as morons, forking over their cash like roughneck flyovers voting for Big Business, but I prefer to look at the situation as a tragedy--a by-product of a generation of fervent anti-intellectualism that's made smart people afraid to question their own judgment." ] *** 5. "Fading to Black with Johnny Sack: Vincent Curatola on his latest role. See it here. [ "When Sen. Hillary Rodham Clinton needed a star-powered cameo for her campaign parody of "The Sopranos," her people turned to Vincent Curatola. He's better known as Johnny Sack, the late New York boss from "The Sopranos."" ] *** Clip of the Day : Captain Spaulding has a strange interlude. _____________________________________________________ "Links for the Day": Each morning, the House editors post a series of weblinks that we think will spark discussion. Comments encouraged. buy cilais cialis Cheap Viagra generic cialis
Adware Is A Must Not Have
Posted on April 21, 2008 in Diabetes erectile dysfunction
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Sxy manuscript revised!
Posted on April 20, 2008 in Antibiotic
On Friday I sent our revised sxy manuscript back to the journal editor. Even though we ( i.e. the post-doc whose work this is) didn't do the experiment the editor and reviewers had originally asked us to do, we're quite confident that the editor will now accept the manuscript. That's because the new experiments the post-doc designed were more appropriate than the requested one, and they produced results that beautifully confirmed our model for how sxy expression is regulated. buy cheap cialis cheap cialis cialis viagra
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