Thursday, January 31, 2013

Mass extinction? Man may still have time to catalog Earth's species.

A trio of respected biologists and zoologists concludes that Earth's sixth mass extinction may be unfolding slower than feared, giving time for the valuable work of cataloging the planet's species.

By Pete Spotts,?Staff writer / January 25, 2013

This file photo shows two jaguar cubs born at the Milwaukee County Zoo in November. Jaguars are an endangered species.

Milwaukee County Zoo/AP

Enlarge

For years, ecologists and biologists have warned that the planet is sliding into a mass extinction event comparable to the one that did in the dinosaurs 65 million years ago.

Skip to next paragraph

' + google_ads[0].line2 + '
' + google_ads[0].line3 + '

'; } else if (google_ads.length > 1) { ad_unit += ''; } } document.getElementById("ad_unit").innerHTML += ad_unit; google_adnum += google_ads.length; return; } var google_adnum = 0; google_ad_client = "pub-6743622525202572"; google_ad_output = 'js'; google_max_num_ads = '1'; google_feedback = "on"; google_ad_type = "text"; google_adtest = "on"; google_image_size = '230x105'; google_skip = '0'; // -->

But Earth?s species may not be vanishing as fast as previously believed ? providing a fresh opportunity to catalog and conserve more of them before global warming and habitat loss take a higher toll on the planet?s biodiversity.

That's the conclusion a trio of respected biologists and zoologists has reached after reviewing recent studies on extinction, the pace at which new species are being reported, estimates of undiscovered species, and the human and technological capital available for building the catalog.

When it comes to discovering and preserving biodiversity, "things aren't hopeless," says Mark Costello, a University of Auckland marine zoologist and the lead author of the analysis, which appeared in this week?s issue of Science.

Three years ago, another, larger team of biologists and zoologists estimated that if collectively countries devoted $500 million to $1 billion a year to the project of cataloging nonbacterial life on Earth, the project could be complete within 50 years.

Dr. Costello and colleagues renew that call. And their lower estimate of the number of species and a higher estimate of the people available than many thought implies the job could be done more quickly.

The stakes are high, many researchers say. Human population growth and activities ? from altering landscapes and oceans to altering climate ? are widely seen as the drivers behind the current mass-extinction event, the planet?s sixth.

"We are the asteroid," says Michael Novacek, provost and curator at the American Museum of Natural History in New York, referring to the event widely held to have triggered the demise of the dinosaurs 65 million years ago.

"This may be the most important century in our evolutionary history, where the environment is really transformed to a level where the nature of life on Earth is redefined," says Dr. Novacek, who was not part of the team performing the new analysis.

Getting a handle on the full range of nonbacterial species the planet hosts is important for a number of reasons, researchers say. A full listing of what lives where would provide important information for maintaining the health of ecosystems on which humans rely for food, clean water, and other so-called ecosystem services. And undiscovered species could represent new sources of compounds for pharmaceuticals or appear as novel structures human engineers could mimic for lighter, stronger materials.

At its broadest, the widespread loss of biodiversity before anyone has a chance to take the full measure of what's out there makes it difficult to fully grasp the ecological consequences of its loss.

Novacek and others say they are a bit surprised at the relatively low number of nonbacterial species the team estimates as living on the planet ? about half the 10 million that others estimate as realistic. And the trio's estimate for a global extinction rate ? less than 1 percent per decade ? is far below the worst-case scenario of 5 percent per decade some have estimated.

Still, Costello and colleagues acknowledge that if extinction rates are on the high side, say 5 percent per decade, half the 5 million nonbacterial species he and his colleagues estimate as currently inhabiting Earth will have vanished within 150 years.

Source: http://rss.csmonitor.com/~r/feeds/science/~3/KBKdZw2rdqY/Mass-extinction-Man-may-still-have-time-to-catalog-Earth-s-species

apple tv update new ipad release pregnant jessica simpson international womens day joe the plumber lra lra

Wednesday, January 30, 2013

Lewis says he's 'agitated,' not angry about story

Baltimore Ravens linebacker Ray Lewis speaks during an NFL Super Bowl XLVII football news conference on Wednesday, Jan. 30, 2013, in New Orleans. Lewis denied a report linking him to a company that purports to make performance-enhancers. The Ravens face the San Francisco 49ers in the Super Bowl on Sunday. (AP Photo/Patrick Semansky)

Baltimore Ravens linebacker Ray Lewis speaks during an NFL Super Bowl XLVII football news conference on Wednesday, Jan. 30, 2013, in New Orleans. Lewis denied a report linking him to a company that purports to make performance-enhancers. The Ravens face the San Francisco 49ers in the Super Bowl on Sunday. (AP Photo/Patrick Semansky)

Baltimore Ravens linebacker Ray Lewis speaks during an NFL Super Bowl XLVII football news conference on Wednesday, Jan. 30, 2013, in New Orleans. Lewis denied a report linking him to a company that purports to make performance-enhancers. The Ravens face the San Francisco 49ers in the Super Bowl on Sunday. (AP Photo/Patrick Semansky)

Baltimore Ravens linebacker Ray Lewis walks onstage to speak at an NFL Super Bowl XLVII football news conference on Wednesday, Jan. 30, 2013, in New Orleans. The Ravens face the San Francisco 49ers in Super Bowl XLVII on Sunday, Feb. 3. (AP Photo/Patrick Semansky)

Baltimore Ravens linebacker Ray Lewis speaks at an NFL Super Bowl XLVII football news conference on Wednesday, Jan. 30, 2013, in New Orleans. The Ravens face the San Francisco 49ers in Super Bowl XLVII on Sunday, Feb. 3. (AP Photo/Patrick Semansky)

Baltimore Ravens linebacker Ray Lewis speaks at an NFL Super Bowl XLVII football news conference on Wednesday, Jan. 30, 2013, in New Orleans. The Ravens face the San Francisco 49ers in Super Bowl XLVII on Sunday, Feb. 3. (AP Photo/Patrick Semansky)

(AP) ? Smiling, even laughing, at questions about a report linking him to a company that purports to make performance-enhancers, Baltimore Ravens linebacker Ray Lewis said Wednesday he "never, ever took" the stuff.

Lewis described himself as "agitated," not angry, that the story has become part of the Super Bowl-week prelude to Baltimore's game against the San Francisco 49ers on Sunday.

He added that he's certain his teammates won't be distracted by the report in Sports Illustrated. The magazine said Lewis sought help from a company that says its deer-antler spray and pills contain a banned product connected to human growth hormone. The 37-year-old Lewis is the leading tackler in the NFL postseason after returning from a torn right triceps that sidelined him for 10 games.

In a private conversation with Ravens head coach John Harbaugh, and later in the public setting of a news conference, Lewis distanced himself from Sports With Alternatives To Steroids (SWATS). SI reported that company owner Mitch Ross recorded a call with Lewis hours after the player hurt his arm in an October game against Dallas. According to the report, Lewis asked Ross to send him deer-antler spray and pills, along with other items made by the company.

"It's so funny of a story because I never, ever took what he says or whatever I was supposed to do. And it's just sad once again that someone can have this much attention on a stage this big, where the dreams are really real," Lewis said Wednesday, wearing his white No. 52 Ravens jersey, gray sweat pants and a black hat with the team's purple logo. "I don't need it. My teammates don't need it. The 49ers don't need it. Nobody needs it."

The magazine reported that when it spoke to Lewis for its story, he acknowledged asking Ross for "some more of the regular stuff" on the night of the injury and that he has been associated with the company "for a couple years."

Lewis' stance Wednesday was different.

"He told me there's nothing to it. ... He's told us in the past, he's told us now, that he's never taken any of that stuff, ever. And I believe Ray. I trust Ray completely. We have a relationship. I know this man. And I know what he's all about," Harbaugh said. "It's just too bad it has to be something that gets so much play."

Christopher Key, a co-owner of SWATS, said in a telephone interview that the company removed from its website NFL players' endorsements because "all the players were given letters by the NFL two years ago saying they had to cease and desist and could not continue to do business with us anymore."

NFL spokesman Greg Aiello confirmed that, but did not respond to other requests for comment about the company or Lewis' involvement.

Key said the deer-antler products made by SWATS "helped the body repair, regrow and rejuvenate" and that "you will never fail a drug test from taking our product."

He added that SWATS has sold its products to more than 20 college football players each at Southeastern Conference schools Alabama, Auburn, Mississippi, LSU and Georgia.

Alabama has sent two cease and desist letters to the company, university spokeswoman Debbie Lane said, adding: "UA has been aware of this situation for some time, and we have monitored this company for several years."

Auburn spokesman Kirk Sampson said that school sent a cease-and-desist letter in 2011.

In an emailed statement, Ross said: "It is the view of SWATS and Mitch Ross that the timing of information was unfortunate and misleading and was in no way intended to harm any athlete. We have always been about aiding athletes to heal faster and participate at an optimum level of play in a lawful and healthy manner. We never encourage the use of harmful supplements and/or dangerous drugs."

Harbaugh didn't think his players would be bothered a bit by the subject this week, dismissively waving his left hand while saying: "As a football team, it's not even a factor for us."

Known for his frequent references to God and faith, 2001 Super Bowl MVP Lewis called the whole episode a "joke" and a "trick of the devil," adding that he told teammates: "Don't let people from the outside ever come and try to disturb what's inside."

Faced with a handful of questions about SWATS, and on-field topics, Lewis never had to deal with a single reference to a dark chapter in his life: He pleaded guilty to obstruction of justice in connection with a double murder after a Super Bowl party at an Atlanta nightclub in 2000.

"We all in here have a past. You know? But how many people actually dwell into it? You know? Nah, it ain't about your past. It's about your future," Lewis said in response to a question about the Ravens keeping focused on Sunday's game.

"And for me and my teammates, I promise you, we have a strong group of men that we don't bend too much," he said, raising a clenched right fist, "and we keep pushing forward. So it's not a distraction at all for us."

Asked about deer-antler spray, San Francisco's tight end Vernon Davis' take was, "I don't think Ray would take any substance."

Carlos Rogers, a 49ers cornerback, chuckled when asked about it and what effect the headlines could have on the Ravens.

"I don't think they'll get a distraction. I don't know what to make of that. I heard it was something that can't be detected. They can't test (for) it, anyway," Rogers said. "Him saying that he's never failed a test, he probably hasn't failed a test for what they test for."

___

AP Sports Writer John Zenor in Tuscaloosa, Ala., contributed to this report.

___

Follow Howard Fendrich on Twitter at http://twitter.com/HowardFendrich

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-30-Super%20Bowl-Lewis/id-c8e5748f4dcc4b4594b4664bdf60e30f

sag awards red carpet torrey pines nhl all star game 2012 pollyanna samuel adams snowy owl one for the money

FOSS Patents: Judge, unlike jury, finds Samsung's infringement of ...

At close of business on Tuesday, Judge Lucy Koh, the federal judge presiding over two Apple v. Samsung lawsuits in the Northern District of California, entered four more of her long-awaited post-trial orders. The short version is that

  • she reversed the finding that Samsung's acts of patent infringement were willful (because Samsung had reasons to believe that what it was doing was legal) and overruled the jury with respect to a patent exhaustion question (which has no effect because the related patent was not deemed infringed by Apple), but otherwise upheld the jury's liability findings against Samsung, denying further modifications as well as a new trial;

  • as a result of finding no objective willfulness she denied Apple any damages enhancements for willful infringement (which could have resulted in a tripling of parts of the award); she also denied enhancements of trade dress damages on other grounds;

  • with the exception of declaring two Samsung patent claims (which the jury didn't find infringed anyway) invalid, she declined to overrule the jury in Apple's favor or to order a new trial on issues on which Apple didn't prevail last summer; and

  • she also ruled against Samsung's claims that one of Apple's multitouch software patents and four of its design patents were indefinite (which is one invalidity theory).

Let me put the Tuesday orders into context before elaborating on them. The jury rendered its verdict on August?24, 2012, and both parties filed a variety of motions to achieve improvements in their favor. A hearing on those motions, as well as on motions relating to remedies, was held on December?6, 2012. On December?17, 2012, Judge Koh adjudged two particularly important post-trial issues: she denied Apple a permanent injunction (a decision that Apple appealed that same week), and threw out Samsung's long-shot demand for a new trial because of alleged jury misconduct. Due to the complexity of this case and the overall caseload of the court it's not surprising that it took a while before any further decision came down, and with Tuesday's rulings we're still not done. The court still has to rule on Samsung's request for adjustments to the damages award (Samsung wants it tossed or reduced). Due to the denial of a permanent injunction, Apple will presumably move at some point for an award of ongoing royalties for future use of its patents by Samsung -- the denial of an injunction does not mean that Samsung is entitled to a freebie. And it's a given that either party will ultimately appeal (from the final district court ruling, to which we're now a lot closer) any unfavorable parts.

I previously assumed that Judge Koh was going to make only limited adjustments to the jury verdict. This prediction has so far been validated.

Now let's look at the Tuesday rulings on an item-by-item basis.

Ruling on Samsung's motion for judgment as a matter of law

  1. The most important part of this JMOL ruling is that Judge Koh, unlike the jury, did not find a willful patent infringement by Samsung. In order to prevail on this one, Apple needed to prove both objective and subjective willfulness. "Objective" and "subjective" relate to the likelihood that its actions constituted infringement of a valid patent. The likelihood is objectively high if someone knowing the patents and all other relevant facts (including all of the prior art that could be used to invalidate them) would think that there is an infringement; it's subjectively high if the infringer actually knew these facts or if they were so obvious that he should have known. This is all just about patents, not Apple's trade dress claims, which the JMOL ruling addressed separately. The jury had found that Samsung's infringement was subjectively willful for three multitouch software patents and two design patents (in other words, Samsung knowingly and willingly copied Apple's designs and technology), but on this basis Apple still needed to prove an objectively high likelihood, which is for the judge (not the jury) to decide. The jury's findings of subjective willfulness were not addressed because the court found that there was no objective willfulness (so technically the jury wasn't overruled because its findings were only about subjective willfulness, but the result was reversed nevertheless). The order says that "[i]f Samsung had an objectively reasonable defense to infringement, its infringement cannot be said to be objectively willful". The order then looks at each of the five patents the jury found willfully infringed, and finds an objectively reasonable defense in each case:

    • Rubber-banding ('381) patent: Judge Koh concluded that Samsung reasonably relied on its invalidity defense. The order mentions the USPTO's first Office action tentatively rejecting all claims of this patent only in a footnote that points out how unreliable first Office actions are, but it may nevertheless have influenced Judge Koh's thinking. In a preliminary injunction decision in December 2011 she had not found this patent likely to be invalid.

    • Tap-to-zoom-and-navigate ('163) patent: even though Judge Koh near-simultaneously denied Samsung's motion to find the asserted claims of this patent indefinite, she felt that this was a close question of law and Samsung was acting reasonably in its reliance on having an invalidity defense to this patent. In other words, the judge didn't find that Samsung was right on this, but it wasn't light years away from being right.

    • Pinch-to-zoom API ('915) patent: here again, Samsung had an invalidity theory (against the asserted claim?8) that failed so far (the jury didn't buy it and Judge Koh declined to overrule the jury in this regard), but the theory was good enough that Samsung could have relied on it when deciding to infringe the patent. Like the rubber-banding ('381) patent, this one has also been tentatively rejected by the patent office, a fact that Judge Koh mentions only in a footnote that references another footnote according to which such first Office actions are unreliable.

    • Design patents (D'677 and D'305): Judge Koh believes that infringement was a close question, so Samsung's infringement wasn't objectively willful. Apple would have had to show that Samsung's defenses were unreasonable, which is a higher standard than just being ultimately unsuccessful. Whether Judge Koh's requirements in this respect were too exacting is likely going to be a key issue on appeal.

  2. Samsung achieved a partial improvement only in a formal sense with respect to its '516 patent, but not enough to win a liability finding (at least not prior to an appeal). The jury's finding of non-infringement was upheld, but its finding of exhaustion of the asserted claims (claims 15 and 16) of the '516 patent was tossed. Apple's patent exhaustion theory here was (in a simplified form) that Intel had a license to Samsung's patents and Apple's products implement the patented invention only by incorporating Intel baseband chips. Judge Koh agrees with the jury that Intel was licensed. She also concluded that "the authorized sales to Apple occurred in the United States", which is another requirement. But she saw a contradiction in the jury's finding of exhaustion and non-infringement, given that exhaustion would require Intel's baseband chips to substantially embody the patented invention: if Apple used Intel chips in the accused products (Apple's more recent products come with Qualcomm chips) and if those implement the patent, then Apple's products incorporating those Intel chips, by definition, also implement it. So there can only be a finding of exhaustion if there is also one of infringement. Again, this has no consequences: the non-infringement finding stands, and if it was overturned on appeal, then the question of exhaustion would have to be analyzed again.

  3. According to Judge Koh, the jury reasonably found Apple's two phone design patents (D'087 and D'677) and its user interface design patent (D'305) to be valid and infringed. The jury finding was not against the clear weight of the evidence, the order says. I would agree with respect to the phone design patents. I do believe that the question of whether user interfaces -- as opposed to designs of physical objects -- can be claimed by design patents (which is what the D'305 start screen design patent is all about) could be a rather interesting one on appeal.

    It's worth noting that Apple succeeded in salvaging the D'677 patent through a terminal disclaimer it filed with the patent office and notified to the court in November?2012. The terminal disclaimer limits the term of this patent so as to avoid double patenting.

  4. The registered iPhone trade dress and unregistered iPhone 3G trade dress were found protectable and diluted. Judge Koh found that there is substantial evidence in the record to support the jury's findings.

  5. In connection with Apple's multitouch software patents, which were found valid and infringed (and which findings Judge Koh decided to uphold), the most interesting issue is that there was indeed an inconsistency in the jury verdict because the '915 patent was found infringed by multiple Samsung devices running Android 2.2.1 or 2.2.2, but not by the Galaxy Ace (Android 2.2.1), Intercept (2.2.2) and Replenish (2.2.2, too). Samsung argued that at least there should be a new trial as a result of such inconsistency. But under Ninth Circuit law, verdicts are vacated on grounds of inconsistency only if they cannot be "reconciled on any reasonable theory consistent with the evidence". One distinction that is made in this context is the one between two legal conclusions that cannot logically coexist and a "mere inconsistent view of facts". Here, Judge Koh concluded that there is an inconsistency, but it can and must stand.

  6. The jury held not only two Samsung U.S. subsidiaries but also Samsung Electronics Corporation, a Korean entity, liable for direct infringement. The Korean parent company was also found liable for inducing infringement by its U.S. subsidiaries. Samsung wanted these findings overturned, but Judge Koh upheld the jury's findings, which makes sense: those U.S. subsidiaries are obviously controlled by the Korean company. They are formally separate legal entities, but for all practical intents and purposes they are just like local offices of the Korean organization, and actually refer to the Korean company as their "headquarters".

  7. The jury verdict was a disappointment for Samsung not only because Apple prevailed on most of its claims but also because Samsung's infringement claims against Apple failed in their entirety. After the JMOL rulings (and before the appeal), Samsung still doesn't hold any offensive win against Apple (with respect to this case) in its hands. In fact, things got even worse for Samsung because Apple proved the asserted claims of its '941 patent invalid. Judge Koh declined to find any infringements with respect to the other four Samsung patents-in-suit.

  8. The court also disagreed with Samsung's assertion that the trial was manifestly unfair. Samsung had argued that it was prejudiced by

    • the trial time limitation,

    • by Apple's references (permitted by the court) to witnesses Samsung did not call (suggesting that they weren't called because they had nothing useful to Samsung to say),

  9. by court orders barring its witnesses from making certain arguments and not barring Apple's witnesses from making other arguments,

  10. by a requirement to lay foundation for documents while Apple allegedly didn't have to meet such a requirement in some contexts,

  11. by being barred from playing advertisements, which Apple was allowed to do, and

  12. by not being allowed to use depositions to cross-examine Apple's witnesses while Apple was allowed to do so.

  13. All of this relates to decisions the court made at or before trial, and it's unsurprising that the court still stands by its orders. The JMOL ruling notes that Samsung would have had the option to put its own infringement claims against Apple on a separate track, and that Samsung had to simply manage its allotted time.

Ruling on Apple's motion for judgment as a matter of law

  1. The only item on which Judge Koh overruled the jury in Apple's favor is the question of whether the asserted claims (claims 10 and 15) of Samsung's U.S. Patent No. 7,675,941 on a "method and apparatus for transmitting/receiving packet data using pre-defined length indicator in a mobile communication system" are invalid. The jury didn't find any of Apple or Samsung's patent claims invalid, and a few days after the jury verdict came down I described this as the single biggest issue with the verdict, given that a solid majority of all patent claims granted by patent offices ultimately turn out not to be valid as granted (some are entirely invalid while others survive only after being narrowed through amendments). It would be a statistical anomaly for all Apple and Samsung patents-in-suit to be valid as granted. Even though the hurdle is very high for a court to overrule a factual finding by a jury, Judge Koh has now concluded that U.S. Patent No. 6,819,658 on a "method and apparatus for segmentation, reassembly and inverse multiplexing of packets and ATM cells over satellite/wireless networks" anticipated (i.e., renders non-novel and thus invalid) the asserted claims of Samsung's '941 patent. Samsung argued that there were some differences between the two patents, but according to Judge Koh, "Apple has established anticipation by clear and convincing evidence".

    All other items of Apple's JMOL motion, discussed in more detail below, were denied.

  2. The jury found that Apple's unregistered iPad/iPad 2 trade dress was not protectable and not famous, and on that basis never addressed the questions of dilution and infringement. Judge Koh determined that the jury's related finding was not unreasonable, and just like the jury, she didn't reach the questions of infringement and dilution.

  3. An item on which I once thought Apple had a relatively good chance of prevailing was the iPad design patent (U.S. Design Patent No. D504,889, given that Apple had won a preliminary injunction over that one. Apple wanted the court to find it infringed by the Galaxy Tab?10.1. But Judge Koh noted that the jury was not bound by the preliminary injunction decision and that certain evidence was considered by the jury that was not available at the preliminary injunction stage, including among other things Apple's concession that the original iPad did not implement this design patent.

  4. The judge also denied all other request by Apple for additional liability findings, including among other things an inducement theory.

  5. The other four Samsung patents-in-suit (than the invalidated '941 patent) were not ruled invalid.

  6. Apple brought certain FRAND contract and antitrust counterclaims against Samsung, and the jury ruled against them. Judge Koh did not overrule the jury on those. It's important to consider that even if such counterclaims fail, as they did here (prior to an appeal, at least), FRAND defenses can still succeed. In another post-trial decision (which came down in mid-December) Judge Koh declined to rule on Apple's FRAND defenses because there is no need to address them as long as no standard-essential patent-in-suit is found both valid and infringed. Even after Tuesday's ruling on Samsung's JMOL motion there is no SEP-based liability finding, so the FRAND defenses won't come into play unless and until an appeals court lets Samsung prevail on at least one SEP claim.

Ruling on Samsung's motion to invalidate four Apple patents for indefiniteness

Indefiniteness is an invalidity theory, but it's one for the court, not the jury, to decide, which is why Samsung's related motion attacking four Apple patents (the asserted claim of one software patent, and four design patents) is technically a separate motion from its JMOL ("overrule the jury") motion.

For the four design patents Samsung claimed to be indefinite (D'677, D'087, D'305, D'889) it faced a very high hurdle. It needed to show that a skilled designer would not be able to understand, from looking at the drawings in the patent documents, what kind of design was covered. Samsung failed to meet this high hurdle. Even Samsung's own expert witnesses gave testimony that allowed the court to infer that they had understood the scope of those design patents quite well (for example, if someone says a patent is obvious, he must understand the patent in the first place). There may have been some issues with dotted lines that appeared in one drawing but not another, or with only one of several drawings in one of the design patents having color, but none of this was enough to prove those design patents indefinite.

For the tap-to-zoom-and-navigate ('163) patent, indefiniteness was a closer question. The term that Samsung claimed to be indefinite (meaning that it's not amenable to construction and insolubly ambiguous) is "substantially centered". Without "substantially", the word "centered" would be mathematically precise. But "substantially" is a word of degree. Five pixels to the right of a center location on a screen that is 400 pixels wide is still "substantially centered" in most people's opinion, but how about 20 or 30 pixels? Where must the line be drawn? Samsung raised a legitimate question, but the answer is that a lack of precision does not necessarily render a patent invalid. Even one of Samsung's own witnesses talked about items being "substantially centered" on the screens of certain Samsung devices, suggesting that he was able to apply the term to a particular screen layout.

Ruling on Apple's motions for damages enhancements

In a post-trial motion Apple had asked for the damages award to be increased on different grounds. On the basis of the jury's findings of willful patent infringement, Apple wanted parts of the award to be tripled. It also wanted enhancements for trade dress infringement and dilution. And it asked for supplemental damages relating to the period between the trial and the final ruling. The question of supplemental damages still has to be decided by the court. The requested enhancements for willful patent infringement and for trade dress infringement and dilution have, however, been denied in their entirety.

The part on enhancements for willful patent infringement was simplified by Judge Koh's finding that Samsung's patent infringement was not objectively willful.

The legal basis for enhancements of trade dress damages is the Lanham Act (U.S. trademark law). Judge Koh's order notes that "[t]his type of enhancement is intended only to compensate a plaintiff for additional losses not compensated by the existing award, not to punish a defendant". Simply put, Judge Koh saw no indication that the jury did not consider all of the damages Apple suffered when it determined, on a per-product basis, its damages award. Apple wanted a reasonably straightforward jury questionnaire with total damages per product as opposed to a complex matrix of damages per product and per intellectual property right. While the jury questionnaire still ended up being huge (roughly 700 questions), Apple's wish for reasonably simple damages awards was granted, but as a result, Apple was unable after the trial to disaggregate the jury awards in order to show to the court that the part attributable to trade dress infringement was insufficient to compensate Apple for any losses.

[Update] AppleInsider has uploaded all four orders summarized in this post (link?#1, link?#2). [/Update]

If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.

Share with other professionals via LinkedIn:

Source: http://www.fosspatents.com/2013/01/judge-overrules-jury-finds-samsungs.html

pbs ron paul Cnn Electoral Map roseanne barr guy fawkes gary johnson gary johnson

BlackBerry's Best Trick: Nailing Work-Life Balance

Today BlackBerry demoed what it's calling BlackBerry Balance, a clever way of separating one's personal and work lives in one device. You don't see it as much these days but carrying two phones—one for business, one for pleasure—was commonplace not too long ago. I remember having a BlackBerry 6200 alongside my Sidekick 2; and I'm sure a lot of you remember those days as well. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/IbdfFDquSp8/blackberry-might-have-nailed-the-work+life-balance-dilemma

bobby rush supreme court justices 19 kids and counting danny o brien alicia silverstone park slope food coop anchorman sequel

Tuesday, January 29, 2013

Ratliff's BAC was 2X limit? |??Team statement

Philadelphia Eagles v New Orleans SaintsGetty Images

Eagles running back LeSean McCoy has made headlines for his Twitter use before, but there?s a big difference between trash talking with Giants defensive end Osi Umenyiora and what happened between him and the mother of his son over the weekend.

McCoy lobbed volleys toward the woman, whose Twitter page identifies her only as Steph, in what seemed to be an argument about requests for money. USA Today has some of the tweets from McCoy?s account, which has been deleted, as well as the woman?s replies. Those replies included accusations that McCoy performed a particular sexual act to her to get out of paying child support and that McCoy?s current girlfriend had slept with one of his best friends.

McCoy originally deactivated the account by saying that his account was hacked. It?s a familiar explanation for unsavory content, but McCoy took the unusual step of admitting he made up the hacking story as part of a larger apology for the whole situation.

?In light of the recent events that played out over Twitter this past weekend, I would like to express how deeply sorry and remorseful I am to my family, the?Philadelphia Eagles, my fans, and every young person who views me as a role model. This is not who I am as a person, nor the image I ever wanted to portray of myself. It?s definitely not the example I want to set for my son,? McCoy said in a statement, via CSNPhilly.com. ?My Twitter account was not hacked. I take full responsibility and I apologize for trying to make it seem like it was not me. Due to my bad judgment and frustration, I allowed a very personal matter to be played out on a social network, of all things. It was immature and unprofessional for me to do so and to encourage others to join in.?

Anyone who follows athletes on Twitter can tell the ones who are doing it for themselves and those who are doing it with help as part of developing their ?brand.? The latter approach is boring and inauthentic, but it?s a lot less likely to get you in trouble for flying off the handle in full view of the public.

Source: http://profootballtalk.nbcsports.com/2013/01/28/jay-ratliffs-bac-was-0-16-when-he-was-arrested/related/

jennifer hudson chicago blackhawks giuliana rancic giuliana rancic elie wiesel temptations work hard play hard

Ticketmaster makes online 'CAPTCHA' puzzles easier

This image provided by Ticketmaster shows the newly designed program for ticket purchases. Ticketmaster, often the subject of fan anger when tickets to popular concerts get sold out in seconds, is removing an annoyance that can slow down the buying process: the jumble of letters that people need to decipher known as ?CAPTCHA.? The puzzles provided by Google Inc. are meant to deter automated systems known as ?bots? from buying up mass numbers of tickets the instant they go on sale in order to resell them for a profit. (AP Photo/Ticketmaster)

This image provided by Ticketmaster shows the newly designed program for ticket purchases. Ticketmaster, often the subject of fan anger when tickets to popular concerts get sold out in seconds, is removing an annoyance that can slow down the buying process: the jumble of letters that people need to decipher known as ?CAPTCHA.? The puzzles provided by Google Inc. are meant to deter automated systems known as ?bots? from buying up mass numbers of tickets the instant they go on sale in order to resell them for a profit. (AP Photo/Ticketmaster)

(AP) ? Ticketmaster, often the target of fan anger when tickets to popular concerts get sold out in seconds, is removing an annoyance that can slow down the buying process: the jumble of letters that people need to decipher known as "CAPTCHA."

The puzzles provided by Google Inc. are meant to deter automated systems known as "bots" from purchasing large numbers of tickets the instant they go on sale. Scalpers have been known to employ bots to acquire tickets, which they resell for a profit.

CAPTCHA, an acronym that stands for "Completely Automated Public Turing test to tell Computers and Humans Apart," was developed by Carnegie Mellon computer scientists in 2000. Google bought the company that spun off from the university in 2009 in part to help it digitize books.

Since only humans, not computers, can decipher CAPTCHA codes, websites install the systems to keep tickets out of the hands of large-scale scalpers. In the fight against more sophisticated bot operators, CAPTCHA codes have become increasingly more difficult ? so difficult that the puzzles started slowing down flesh-and-blood fans.

Take a recent CAPTCHA puzzle, which looks like a bunch of distorted letters that is meant for a buyer to interpret and type: "dsrific LCDAppr." Because of the way the letters are bent out of shape on screen, it's tough even for humans to tell if the two instances of the letter "p'' are capitalized or not.

Ticketmaster is overhauling its website to provide easier puzzles. It has run trials online, and in the next several weeks, it will replace all its online puzzles provided by Google with easier ones provided by a New York-based startup called Solve Media. On mobile devices, Ticketmaster is eliminating the need for puzzles entirely, using its own technology that verifies the user through a "push" notification to the device.

Fans using the website will now see common phrases, such as "freezing temperatures," or multiple choice questions such as "which one is a country?" followed by a drop-down menu of answers including "monster truck," ''puppy" and "Spain."

The key is that Solve Media looks for certain digital clues ? which it won't divulge ? to determine if the ticket-buyer is a person or a bot. The technology will dole out an easy puzzle to a person. It will give a bot a difficult one.

That has already made the fan experience better, says Kip Levin, Ticketmaster's executive vice president of eCommerce. The average time it takes to solve these puzzles has been halved from about 14 seconds to about 7 seconds, the company said.

"Anecdotally, we're starting to see an uptick in fan satisfaction," Levin said. "We're happy with what we've seen from a security standpoint as well."

Some puzzles are in the form of ads. A puzzle sponsored by Southwest Airlines Co. makes buyers enter the words "Bags Fly Free." One by TurboTax requires buyers to type "File Free."

Ari Jacoby, the CEO and cofounder of Solve Media, called advertising the "third leg of the stool" for his business after improving user experience and security. Because the sponsored puzzles use company slogans or product names as answers, they are "highly effective and memorable," Jacoby said.

Solve Media has more than 6,000 customers including magazine publisher Meredith Corp. and online portal AOL Inc., which is also an investor. Advertisers have included a range of major brands such as McDonald's, Toyota, CBS and Pizza Hut.

In February, Solve Media expects to serve up 200 million puzzles. Adding Ticketmaster will boost the number of possible ads it can send out. In 2011, Ticketmaster parent Live Nation Entertainment Inc. sold 141 million tickets, although it's unclear how many were purchased online.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-01-29-Ticketmaster-CAPTCHA/id-7704158bc3f241ecb35efe800f483a9d

rob the firm new york philharmonic marines urinating on taliban critics choice awards super pac dre kirkpatrick

Google faces UK legal action over Apple privacy concerns (Wired UK)

Google could face a bill of millions if British legal action over iPhone, iPad and Mac privacy concerns is successful.

The claims, co-ordinated by London-based law firm Olswang, centre around the way Google circumvented privacy settings on devices using Apple's Safari internet browser between September 2011 and February 2012 by installing cookies to allow user-targeted advertising through its DoubleClick ad network.

According to Olswang, "The claimants thought that cookies were being blocked on their devices because of Safari's strict default privacy settings and separate assurances being given by Google at the time. This was not the case."

If any of this sounds familiar it's because Google was already on the receiving end of a $22.5 million (?14.4 million) fine from the Federal Trade Commission in the US for the same thing in 2012.

Alexander Hanff, a privacy campaigner working with Olswang on the legal claims, added that, although the focus is on protecting consumer privacy, a successful action by UK Safari users could put the US fine in the shade.

"This group action is not about getting rich by suing Google, this lawsuit is about sending a very clear message to corporations that circumventing privacy controls will result in significant consequences," Hanff told the Guardian. "The lawsuit has the potential of costing Google tens of millions, perhaps even breaking ?100 million in damages given the potential number of claimants -- making it the biggest group action ever launched in the UK."

Speaking about the US fine, Google did not admit any wrongdoing and stated: "We have now changed [a help page the FTC claimed misled consumers over Google's cookie usage] and taken steps to remove the ad cookies, which collected no personal information, from Apple's browsers."

However, UK claimant, 74-year-old Judith Vidal-Hall, said: "Google claims it does not collect personal data but doesn't say who decides what information is 'personal'. Whether something is private or not should be up to the internet surfer, not Google. We are best placed to decide, not them."

Dan Tench, a partner at Olswang, said: "Google has a responsibility to consumers and should be accountable for the trust placed in them. We hope that they will take this opportunity to give Safari users a proper explanation about what happened, to apologise and, where appropriate, compensate the victims of their intrusion."

Source: http://www.wired.co.uk/news/archive/2013-01/28/google-privacy-cookies

UFC 150 Caster Semenya Medal Count 2012 Olympics victoria beckham London 2012 rhythmic gymnastics Meteor Shower August 2012 jessie j

Monday, January 28, 2013

Internet Article Marketing Insight from a Pro: How to ... - E-junkie.info

Even though many say it's old hat and that search engines like Google don't like it, I still use article marketing quite effectively to market my products (eBooks) and services (SEO writing company) online.

How Effective Has Article Marketing Been for Me

Well, it's kept me on the first page of Google for many keywords relevant to my niches. For example, if you google the phrases "SEO writing"; "what is SEO writing" and "sell eBooks online" (without quotes) ? all keyword phrases that are relevant to my online businesses -- I'm on the first page as of this writing.

Note: Search results change all the time, but I've consistently been on the first three pages of Google for these keyword phrases since 2009-2010. And it's all because article marketing is one of the most consistent weapons in my online marketing arsenal.

What Is Article Marketing?

For those who may be new to internet marketing, article marketing is when you write an article and submit it to article directories so that others can publish it -- for free -- in their newsletter, on their blog / website, in their off-line newspaper, etc.

Why would you give away free content? Because at the bottom of each article is a resource box (ie, "About the Author" section) where you have a link to your website/blog/online store, etc. This drives traffic back to your site.

And, just how much is this traffic worth ? especially if you can parlay it into a first-page listing on Google?

How Much Is a Listing on the First Page of Google Worth?

Apparently, a lot. According to the SeoPledge.com article, How Much Is First Page Google Worth?:

If you able to perform some SEO on your site and move to #10 from #11 you should see a 143% jump in traffic. . . . As you move up the first page, the jumps do get larger.

Where to Submit Articles

As mentioned above, you submit articles to free article directories. There are hundreds of them (just?Google?"article directories" to find a list. FYI, EzineArticles.com is the number one rated article directory on the web. It can be cumbersome to get an article approved there, but it's worth it ? especially if you submit on a regular basis. I've submitted close to 400 articles to this site over the years.

Article Marketing ? The Reason I Sell 5 Figures Worth of eBooks Per Year

I sell four figures worth of eBooks per month (five figures per year). And my number one eBook marketing tactic is article marketing. Now that I've hopefully convinced you of how effective article marketing can be, following are four things you can do to make it effective in 2013 ? and beyond.

4 Effective Article Marketing Strategies for 2013

1. Say Something: As in, write BENEFICIAL information. Article marketing is just another form of content marketing, which means dispensing helpful information to assist web surfers in making an informed buying decision.

Many get frustrated with article marketing; saying it "doesn't work."

Baloney!

It works ? if your article is helpful, meaning you can't just throw together a 300- or 400-word article of generic information that can be found all over the web. That type of info doesn't work; it doesn't move consumers to buy.

But if you invest some time into writing clear, concise, helpful articles to distribute, not only will they generate sales, you'll get greater distribution because prospective publishers will come to rely on the fact that you dispense great info.

2. Write Longer Articles: I remember when an article only had to be 250 words or so to be distributed by article directories. Now, most of them require an article to be at least 400 words. Mine tend to be in the 400 to 600-word range.

FYI, I started my own article marketing directory last year. The link to it is in my bio below; there are tons of samples there.

3. Don't Keyword Stuff: Search engines like Google are moving away from rewarding keyword stuffed content to rewarding what's known as themed SEO content. So, strive for a keyword density of only between 1-2%.

4. Create/Leave a Web Footprint: With Google's emphasis on "Authorship," it's more important than ever to create/leave a footprint on the web. This way, search engines know who you are ? and can reward your content. One of the quickest ways to develop/leave a web footprint is via social media.

So, create and start interacting on social media ? especially the biggies like Facebook, Twitter, LinkedIn and Google Plus.

I got on the first page of Google recently for a keyword phrase I'd been trying to rank for for at ?least six months (SEO content writing) ? all because I shared a piece of content with that keyword phrase in it via my Google Plus profile. Now, I'm in two spots on the first page of Google for this phrase. Go figure!

Article Marketing: Conclusion

You'll come across a lot of negative stuff about article marketing on the web ? especially since Google's Panda and Penguin updates.

SEO Article Marketing: Over 1,000 Articles Written!

Once I learned how to write SEO content in 2007, I upped my article marketing game because knowing SEO is like having the keys to the online marketing kingdom. I've been using this form of online marketing since 2002, and have written over 1,000 articles to promote my own products and services (and a few thousand more for clients via my SEO writing company's article marketing services).

In short, hands down, article marketing is some of the most effective internet marketing you can do. And the best part of all ? it's free!

Author Bio:
Yuwanda Black is an online entrepreneur who has written and distributed over 1,000 articles. Get free articles for reprint at YuwandaBlack.com. Content covers a wide variety of topics, eg, selling eBooks online, freelance writing, internet marketing, SEO writing, etc. Learn everything you need to know to earn four figures per month online using article marketing.?

Source: http://www.e-junkie.info/2013/01/internet-article-marketing-insight-from.html

my morning jacket roger goodell psychosis dianna agron million hoodie march tebow trade mike the situation

Joe Biden: Shotgun Beats Assault Rifle in Case of Earthquake!

Source: http://www.thehollywoodgossip.com/2013/01/joe-biden-prefers-shotguns-to-assault-rifles-in-case-of-earthqua/

callista rick perry travis barker get back on board rob lowe peyton manning what is sopa marianne gingrich

Toyota sold nearly 9.75 million vehicles last year

(AP) ? Now it's official: Toyota is once again the world's top automaker.

Toyota Motor Corp. released its tally for global vehicle sales for last year Monday at a record 9.748 million vehicles ? a bigger number than the estimate it gave last month of about 9.7 million vehicles.

It was already clear Toyota had dethroned General Motors Co. as the Detroit-based automaker fell short, selling 9.29 million vehicles.

GM had been the top-selling automaker for more than seven decades before losing the title to Toyota in 2008.

GM retook the sales crown in 2011, when Toyota's production was hurt by the quake and tsunami in northeastern Japan.

The latest results show Toyota's powerful comeback.

Global vehicle sales for the maker of the Camry sedan, Prius hybrid and Lexus luxury model surged nearly 23 percent from the previous year. Overseas sales jumped 19 percent, while sales in Japan, where the economy has been troubled, recovered a whopping 35 percent.

Volkswagen AG of Germany, the world's No. 3 automaker, sold a record 9.1 million vehicles around the world.

All three automakers play down the significance of the sales ranking and say they are focused on making attractive products.

"Rather than going after numbers, we hope to make fine products, one by one, to keep out customers satisfied. The numbers are just a result of our policy. And our policy will continue unchanged," said Toyota spokeswoman Shino Yamada.

Still, the recovery for Toyota is impressive. Like other Japanese automakers, Toyota's production was devastated by the March 2011 disasters, which disrupted supplies of crucial components. Flooding in Thailand, where Toyota has factories, also hurt car production.

Before that, it struggled against a crisis of massive recalls in the U.S. over defective floor mats, gas pedals and brakes, involving millions of vehicles, some recalled over and over, that hurt its reputation for quality.

Toyota officials have vowed to scrutinize quality, and have held back product development to minimize recalls.

From the middle of last year, it was hit by another kind of problem ? a widespread boycott of Japanese products, including Toyota cars, in China over a territorial dispute.

But sales growth in other parts of the world, including the U.S. and Asian nations such as Indonesia and India, was more than enough to offset such losses.

Toyota is planning to sell 9.91 million vehicles globally in 2013, putting it back on track toward its earlier goal of 10 million vehicles ? a target that it had made a special effort to play down after its recall crisis.

___

Follow Yuri Kageyama on Twitter at www.twitter.com/yurikageyama

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-01-28-Japan-Toyota/id-2d235c8a053244c09a6edab09c13cc8f

cherry blossom festival nc state erika van pelt pat robertson hunger games trailer hunger games trailer in plain sight

Sunday, January 27, 2013

AP Interview: Algeria admits mistakes in standoff

DAVOS, Switzerland (AP) ? Algeria's foreign minister acknowledged that security forces made mistakes in a hostage crisis at a Saharan gas plant in which many foreign workers were killed by Algerian military strikes.

Mourad Medelci, in an Associated Press interview, also conceded that Algeria will need international help to better fight terrorism. Algeria's decision to refuse foreign offers of aid in handling the crisis, and to send the military to fire on vehicles full of hostages, drew widespread international criticism.

The Jan. 16 attack, which an al-Qaida-affiliated organization has claimed responsibility for, sent scores of foreign energy workers fleeing across the desert for their lives. A four-day siege by Algerian forces on the complex left at least 37 hostages and 29 militants dead. Some of the fatalities were badly burned, making it difficult to identify them.

"We are in the process of assessing our mistakes. In that assessment we are leaning more towards establishing that the operation was a success," Medelci told the AP at the World Economic Forum in Davos, Switzerland on Friday.

He said Algeria is likely to reinforce security measures at sites where multinationals operate in the oil- and gas-rich country. But he insisted that foreign workers in Algeria "will continue to work in Algeria and that is the best way to answer the terrorists."

He defended the government's decision to attack instead of negotiating. "Faced with such an attitude (of terrorism), it's not just words that solve the problem. It's action," he said.

But he admitted that Algeria, which faced years of internal extremist violence, "can't continue to face international terrorism alone. It absolutely needs support."

He argued that Algeria wasn't the target of the attack, but "they are targeting investors in Algeria and the foreigners who work there."

___

AP correspondent Angela Charlton contributed from Davos.

Source: http://news.yahoo.com/ap-interview-algeria-admits-mistakes-standoff-090850588--finance.html

nit championship transcendentalism bells palsy channel 5 news uc berkeley harrison barnes brett ratner

DIY Stove Made from a Paint Cain, Toilet Paper, and Rubbing Alcohol Keeps Your Warm in an Emergency

DIY Stove Made from a Paint Can, Toilet Paper, and Rubbing Alcohol Keeps You Warm in an EmergencyIf you're worried about car trouble keeping you stranded overnight in freezing weather you can create an easy and nearly free heat source by adding a roll of toilet paper to a new quart paint can and pouring a bottle of rubbing alcohol over the TP.

Emergency preparedness weblog Prepared Not Scared also notes that you can place the quart-sized heater inside a new gallon paint can with holes punched in the gallon can so it can serve as a pot stand to cook on the smaller stove. This works well as you can fit the smaller stove, matches, and other accessories in the larger perforated gallon can and have a ready-to-go kit when needed. To use, just pour the alcohol over the TP, wait a few minutes for it to be absorbed, and then light the stove using a lighter or match. It will burn for a couple of hours and can provide life-saving heat in an emergency situation, but if using in an enclosed space make sure you have some ventilation to avoid carbon monoxide buildup. For a total project price of around five bucks, you may want to consider keeping one in your car trunk.

Preparedness Project - Paint Can Holders | Prepared Not Scared

Source: http://feeds.gawker.com/~r/lifehacker/full/~3/2LEADeEadRE/diy-stove-made-from-a-paint-cain-toilet-paper-and-rubbing-alcohol-keeps-your-warm-in-an-emergency

tupac back tax deadline death race buffet rule carlos santana dodgers triple play baa

Would Medicare-For-All be the Answer for our Health Care System ...

Please Register/ Login to post a comment. It is easy.

Our Support Groups/ Forums:

The Fifteen Newest Updates on HelpingYouCare? As Of Today

Contribute Content

Write and contribute articles, posts, or other content to this Site, or share links to useful information & resources you have found with the HelpingYouCare? Community.
Read How?

If you find any broken links on this Site, we will appreciate your reporting them to us:

Report Broken Links

Featured on HelpingYouCare?

Advertise/ Sponsor this Site


This site is maintained as a community service. Support our efforts by becoming a Sponsor of this Site.

Advertise with Us

This site is maintained as a community service by Care-Help LLC, a Fourth Sector/ Social Enterprise company, that uses advertising revenues to maintain HelpingYouCare? (.com and .org) for the benefit of the caregiving community. Read more About HelpingYouCare?...

Advertise with us/ Sponsor this Site.

Contribute

Contribute at PayPal, whatever you can, to help support this site:

Your support is much appreciated and used only to maintain this site. We are a "Fourth Sector/ Social Enterprise" company, a limited profit company that exists for the benefit of our readers and community. Read more...?

Care-Help LLC, publisher of HelpingYouCare?, is not a 501(c)(3) charity. Therefore, contributions are
not tax-deductible.

Contribute Content

Write and contribute articles, posts or other content for publication on this Site. Propose to write a column for the site. Or share with the HelpingYouCare? Community any useful information & resources you have found.

Read How?

Barnhart Law PLC
Law Firm | U.S. and International
Business and Contracts Law
Constance R. Barnhart
Attorney at Law
Managing Member

30 Years of law practice
at large law firms

Admitted to Practice Law: FL, NY, TX, MN

Languages: English, Spanish, Norwegian,
Swedish, Danish

Available for Consultation by Appointment Only:
401 East Las Olas Boulevard, Suite 1400
Fort Lauderdale, Florida 33301
Telephone: (954) 545-4994

CBarnhart@BarnhartLawPLC.com

BarnhartLawPLC.com

Member: 3CsLawyers.org (See Below).

Ms. Barnhart is the Founder and Managing Member of Care-Help LLC, Publisher of HelpingYouCare?

3CsLawyers.org
A Nationwide Network of Attorneys Dedicated to the Principles of:

Character, Competence, & Commitment to Service of Clients and Community

Source: http://www.helpingyoucare.com/24844/would-medicare-for-all-be-the-answer-for-our-health-care-system

Voting Locations atlanta falcons voting hours election results Doug Martin Barack Obama & Joe Biden Am I registered to vote

Saturday, January 26, 2013

Obama's recess appointments ruled unconstitutional

WASHINGTON (Reuters) - A federal appeals court on Friday invalidated President Barack Obama's "recess" appointments to a labor board last year, ruling that the move was unconstitutional and dealing a blow to Obama's strategy of bypassing Senate Republicans.

The three appointments to the National Labor Relations Board in January 2012 were made while the Senate was out of town but potentially available to act on them.

"Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception," the panel said.

Obama also used such a "recess" appointment last January to install Richard Cordray as head of the Consumer Financial Protection Bureau, although his appointment was not part of the lawsuit.

The suit started as a routine dispute between soda bottling company Noel Canning and the labor board, but lawyers for Senate Republicans seized on the suit as a chance to challenge the appointments.

The case was seen as a test of the limits of the president's ability to make appointments during a Senate recess, a power that bypasses the Senate's usual ability to block nominees and that dates to the U.S. Constitution of 1787.

At the time, the Senate was not officially in recess, meeting every few days for minutes at a time but accomplishing no work and with few senators present. Meanwhile, Obama's nominees remained on the Senate's calendar, blocked by Republicans from up or down votes on their confirmation.

Nancy Cleeland, a spokeswoman for the NLRB, had no immediate comment.

Cordray's appointment was challenged in a separate lawsuit brought in June by the State National Bank of Big Spring, Texas, and other institutions. That suit presented a similar argument that the recess appointment was invalid because the Senate was technically in session.

Cordray's appointment followed months of rancorous debate over the new consumer bureau, which was created by the 2010 Dodd-Frank financial oversight law to police markets for products such as credit cards and home loans.

Once rare, recess appointments became more common in the late 1970s as a way to bypass the confirmation process, which senators have used increasingly to block nominees of both Republican and Democratic presidents.

Recent presidents pushed the boundaries. George W. Bush took the rare step of filling a judgeship during a recess, while Obama appointed the NLRB members while the Senate was holding "skeleton" sessions set up to keep it from going into recess.

(Reporting By Aruna Viswanatha, with additional reporting by Emily Stephenson; Editing by Vicki Allen)

Source: http://news.yahoo.com/court-says-obama-recess-appointments-invalid-164811301.html

mlk mlk being human being human chicago news chicago news golden girls

Helene Cohen Bludman: Retirement Homes As College Campuses?

Assuming our good health continues, my husband and I will continue living in our home in the leafy suburbs where we've raised our children. We considered relinquishing the flora and fauna for a cute pied-?-terre as some of our empty nester friends have quite happily done, but we are too attached to our home and the neighborhood. We're staying.

We've taken good care of ourselves. We eat healthy most of the time (if you don't count the occasional movie popcorn for dinner and a few other other bad habits involving chocolate) and we exercise. Well, he exercises. I don workout gear and imagine myself running and lunging, burning calories, feeling that adrenaline rush. Then I sit down and pick up a book.

Someday, we could face the decision that confronts many seniors: the need to move to assisted living. Obviously, I hope this will be a long way off, but it's not too soon to start thinking about it.

"Our next home has to feel like home," I told my husband. "I want us to feel good about it. No regrets."

As boomers, our numbers will translate into a huge demand for these facilities. I started to imagine the ideal accommodations for us and our friends. What features would inspire us to sell the old homestead, not with sorrow but with anticipation for the move? What would it take to make us feel positive about making this lifestyle change? What would feel like a home away from home?

A tall order, I know. But then it hit me. You know how they say the college years are the best years of your life? Remember how fast those fabulous years flew by?

What if moving to a retirement facility was like returning to college? 2013-01-23-memorylanesmaller.jpg

Picture this: a place just for nostalgic 60s and 70s flower children. How much fun would it be to walk down memory lane on the grounds of a facility that simulates the quintessential college campus of our heyday? Direct out of central casting, you've got your ivy-covered halls, your grassy lawn for frisbee throwing, your meal plan in the dining hall. Dorm rooms are furnished with lumpy beds or a waterbed or simply a mattress on the floor covered with an Indian blanket.

Taped to the cinderblock walls are posters of favorite musicians (Pink Floyd, Jethro Tull and the Moody Blues) and movies ("Love Story," "American Graffiti" and "The Godfather") and sports (Dorothy Hamill, Muhammad Ali, Nadia Comenici, and Seattle Slew).

Classes may be taken but they are all pass/pass. You get credit for just showing up on time. Forgot to drop/add? Not a problem; the professors are understanding. Out on the quad there are benches with sensible backs for mid-afternoon bull sessions, with rock and roll music wafting through the air on a sound system turned up extra loud. Former SDS members might stage a sit-in in front of the administration building with demands for greater representation. Assistants are on hand to help them stand up.

How about late night "rap sessions" at 8 p.m. before the R.A. tells us it's time to turn in? Instead of pondering the meaning of life, which we pretty much get by now, we would play "Name that Alma Mater Tune" and give the old brain cells a workout.

My fantasy is all in fun and I mean no disrespect. But when I think back to a time when life was ripe with promise and dreams were yours to follow, I like to think that it could happen again.

Earlier on Huff/Post50:

  • Sunny Climes: Santa Fe, New Mexico

    <em>Fortune</em> says <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/2.html" target="_hplink">Santa Fe</a> is the top choice for retirees looking for sunny climes because of its extensive cultural offerings and easy access to the Sangre de Cristo Mountains. Check out Fortune's other top picks for sun worshippers <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/3.html" target="_hplink">here</a>.

  • Small Cities: Charleston, S.C.

    <em>Fortune</em> says <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/4.html" target="_hplink">Charleston</a> is the top choice for retirees looking for a small city, because of its rich history, gastronomic offerings and sandy beaches, as well as opportunities to take classes at the College of Charleston. Check out its other top picks for retirees who crave culture without the hustle <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/5.html" target="_hplink">here</a>.

  • Mountain Towns: Bend, Ore.

    <em>Fortune</em> says <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/6.html" target="_hplink">Bend</a> is the top choice for retirees looking for a home in the mountains because of its extensive outdoor offerings, including hiking, biking, kayaking, and golf, as well as its relatively affordable home prices. Check out its other top picks for outdoor enthusiasts <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/7.html" target="_hplink">here</a>.

  • Big Cities: New York, N.Y.

    <em>Fortune</em> admits <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/8.html" target="_hplink">New York City</a> is a surprising choice for a top retirement destination, but it defends its choice with hard data: there will be over 1.2 million people over the age of 65 living there by 2025, says the magazine. New York is a top choice for city slickers because, well, it's New York: there's no need for a car or even a kitchen, and you can't beat its entertainment options. Check out Fortune's other top cities for retirement <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/9.html" target="_hplink">here</a>.

  • Overseas: Cuenca, Ecuador

    <em>Fortune</em> says <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/10.html" target="_hplink">Cuenca</a> is a great choice for retirees open to the idea of retiring abroad (it's becoming an increasingly popular option, says the magazine) because of its low cost of living, great weather and modern healthcare. Check out its other top picks for globetrotting retirees <a href="http://money.cnn.com/galleries/2012/retirement/1206/gallery.retirement-guide-best-places.fortune/11.html" target="_hplink">here</a>.

?

Follow Helene Cohen Bludman on Twitter: www.twitter.com/hbludman

"; var coords = [-5, -72]; // display fb-bubble FloatingPrompt.embed(this, html, undefined, 'top', {fp_intersects:1, timeout_remove:2000,ignore_arrow: true, width:236, add_xy:coords, class_name: 'clear-overlay'}); });

Source: http://www.huffingtonpost.com/helene-cohen-bludman/assisted-living-retirement-homes-as-college-campuses_b_2537330.html

bill nye Hurricane Isaac 2012 Snooki Baby terrell owens terrell owens neil armstrong little league world series