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According to Kelly Burris, an attorney with Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., the legal standard for design patent infringement has changed. In a recent decision by the Federal Circuit in Egyptian Goddess v. Swisa, Inc., (decided September 22, 2008), the more recent "Point of Novelty" test was eliminated in favor of exclusive application of the long-established "Ordinary Observer" test. Previously, with the Point of Novelty test, an accused product only constituted infringement if it incorporated the element or elements of the patented design that distinguished the patented design from prior art. Using the Ordinary Observer test, when an ordinary observer (purchaser) is deceived into confusing the accused product with the patented design, an infringement has occurred.
in IP & Patents
via Mac Daily News @ 1:54 29th Oct
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Recent Releases in Health Policy | Report Examines How Access to New Drugs Affects State Disability Rates; Articles Examine Massachusetts Health Insurance Law, Employer-Sponsored Coverage
in Arts & Culture
via Kaiser Network.org @ 16:13 29th Oct
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I'm very excited to see all the recent news, and even happier to have some scans good enough quality to translate! So here are the latest scans and screenshots in English. Enjoy reading them!
in Video Games
via NG4.com @ 18:48 25th Oct
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Following a recent business trip to China, Kim Ssang-soo, vice chairman of LG Electronics, disclosed his thoughts in his homepage as regards to LG's market strategy in China.
in Gadgets
via KDC Staffs @ 7:16 3rd Nov
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Apple has disclosed information on a recent MobileMe update, offering a glimpse at the changes and fixes it made in late September to its beleaguered service.
in Mobile Technology
via ZDNet UK @ 7:12 31st Oct
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High-resolution photographs capturing the far side of the moon have revealed more recent volcanic activity. (C. Carreau/AFP/Getty Images)
in General Science
via Epoch Times @ 16:29 6th Nov
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Beacon Equity Issues Technical Trade Alerts on Recent Analyst Upgrades: FLR, ARII, ITRI, MPEL, MMS, CKR
in Mobile Technology
via TradingMarkets @ 14:02 28th Nov
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Beacon Equity Issues Technical Trade Alerts on Recent Analyst Upgrades: PCLN, FSLR, MAXY, BECN, CCJ, CNW DALLAS, Oct. 15 /PRNewswire/ -- BeaconEquity.com announces the availability of Trade Alerts on stocks making news today. Investors can view all of the daily trading notes for free by visiting: http://www.BeaconEquity.com/m Today's Trade Alerts include: Priceline.com Inc. (Nasdaq: PCLN), First Solar Inc. (Nasdaq: FSLR), Maxygen Inc. (Nasdaq: MAXY), Beacon Roofing Supply Inc. (Nasdaq: BECN), Cameco Corp. (NYSE: CCJ) and Con-Way Inc. (NYSE: CNW). Join the fastest growing investment community at: http://www.stockhideout.com See what Cramer has to say about these stocks at: http://maddmoney.net/ BeaconEquity.com's Trade Alerts are brief analyses on the active stocks each day that are affecting the markets.
in Photography
via Reuters @ 17:41 1st Dec
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Jobs2Web Sees Explosion of Job Seekers Using New Web Tools to Find Jobs Online; Reveals Recent Job Search Statistics
in Web Developer
via Yahoo! Canada @ 11:04 2nd Dec
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Recent federal disclosure forms show both Microsoft Corp. and rival Google Inc. have spent large amounts of money on lobbying in recent months.
in Search Engines
via Red Orbit @ 9:25 13th Nov
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A recent press release concerning ArnoldIT's Google monitoring service piqued my interest. It turns out to be a nicely formatted aggregation page for Google blogs. The most recent five blog entries (or titles therefrom) are grouped together by category. Google has over 70 different blogs (for everything from Gears and Gadgets to OpenSocial and Chrome). Keeping up with them all is nearly impossible. Hence the ArnoldIT aggregation service, dubbed "Overflight."
in XML & Metadata
via Intelligent Enterprise Magazine @ 4:31 25th Nov
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The recent financial crisis and ensuing stock market gyrations have drawn renewed attention to Social Security reform, in particular proposals to establish personal retirement accounts that invest in stocks and bonds. As Barack Obama asked a campaign audience, "Imagine if you had some of your Social Security money in the stock market right now. How would you be feeling about the prospects for your retirement?" But despite the recent market downturn, individuals investing four percentage points of the 12.4 percent payroll tax in a personal account holding a "life-cycle" portfolio and retiring today would have increased their total Social Security benefits by more than 15 percent. Moreover, a simulation of ninety-five cohorts of individuals retiring from 1915 through 2008 found that all of them would have increased their total Social Securi
in Personal Finance
via American Enterprise Institute @ 3:22 22nd Nov
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The recent attacks in Mumbai were coordinated using satellite phones - hardly surprising, seeing the way terrorists have embraced the usage of hi-tech technology over recent years.
in Mobile Technology
via ITExaminer.com @ 8:11 2nd Dec
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Despite the recent reports of fake Blu-ray Discs, Sony Pictures is moving ahead with its plans to release movies on Blu-ray in China. According to Variety, the company will release 30 titles on Nov. 21st, including recent releases such as "Hancock," "The Water Horse" and the “Spider-Man” trilogy.
in Gadgets
via CDRLabs.com @ 9:47 22nd Nov
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Following the recent covered call position I undertook in Apple (AAPL) shares, noticing the abysmal day on Wednesday, I sold/bought Google (GOOG) puts for a Credit Spread position to take advantage of the rather high prices of options these days. With Google plummeting to new recent lows, I ventured into a position which requires additional substantial losses of close to 20% down within the next month to occur in order to lose money. If Google improves or stays the same, I pocket close to $800. Here's how it works:
in Search Engines
via Seeking Alpha @ 9:29 13th Nov
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In a recent study analyzing 590 event reports in physician offices (POLs), there were almost 1,000 testing errors, with almost 25 percent of these errors relating to reporting results to clinicians. Almost 13 percent of the 966 testing processing errors involved test ordering, while almost 18 percent were related to implementing the testing, including not performing the test at all, which was noted 6.7 percent in the study published in a recent issue of Quality and Safety in Health Care (2008;17;194-200).
in General Science
via Laboratory Industry Report @ 10:54 27th Oct
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trackpick points out a recent ACLU initiative to publicize a recent expansion of authority claimed by the Border Patrol to stop and search individuals up to 100 miles from any US border. They have created a map of what they call the US Constitution-Free Zone. "Using data provided by the US Census Bureau, the ACLU has determined that nearly 2/3 of the entire US population (197.4 million people) live within 100 miles of the US land and coastal borders. The government is assuming extraordinary powers to stop and search individuals within this zone. This is not just about the border: This 'Constitution-Free Zone' includes most of the nation's largest metropolitan areas.'"
in Web Developer
via Slashdot @ 20:08 24th Oct
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In its most recent quarterly filing, UBS said that Robert M. Morgenthau, the New York district attorney, had issued a subpoena to the bank for the names of all United States clients who carried out wire transfers from their UBS accounts based in America to their UBS accounts based in Switzerland in recent years. The 70 names that UBS turned over were covered under that subpoena.
in Banking
via Seeking Alpha @ 15:06 11th Nov
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Ever since our recent encounter with asteroid 2008 TC3 — the first asteroid that was correctly predicted to hit our planet — I've had impact craters on the brain. Earth has about 175 known impact craters, but surely our planet has endured more bashing than that in its history. All the other terrestrial planets and moons in our solar system are covered by impact craters. Just look at our Moon through a telescope or binoculars, or check out the recent images of Mercury sent back by the MESSENGER spacecraft, or pictures of Mars from the armada of spacecraft orbiting the Red Planet, and you'll see that impact craters are the most common landforms in our solar system. But since two-thirds of Earth is covered by water, any asteroid impacts occurring in the oceans are difficult to find.
in Space Science
via Universe Today @ 14:32 11th Nov
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In response to a number of recent developments this year that have changed the national legal and regulatory landscape for pharmacists and technicians, the American Pharmacists Association (APhA) has developed APhA Pharmacy Law Matters 2008:Recent Legal and Regulatory Issues Affecting Pharmacy, a new continuing education monograph to assist pharmacists and technicians with their efforts to maintain compliance on the national level.
in Online Legal Issues
via Pharmacist.com @ 22:18 6th Nov
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Online retailing appears to be holding up reasonably well in the face of the recent turmoil in financial markets. Whilst expectations were that the recent apparently unstoppable growth might falter, pundits generally seem to think concerned consumers are more comfortable shopping online than in retail stores.
in E-commerce
via Fulfilment E Log Mag @ 10:39 28th Oct
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