text:
469 F. 3d 978 - Optivus Technology Inc v. Ion Beam Applications Sa
469 F.3d
469 F3d 978 Optivus Technology Inc v. Ion Beam Applications Sa
OPTIVUS TECHNOLOGY, INC., Plaintiff-Appellant, and
Loma Linda University Medical Center, Plaintiff-Appellant,
ION BEAM APPLICATIONS S.A., Defendant-Cross Appellant.
United States Court of Appeals, Federal Circuit.
Howard B. Miller, Girardi & Keese, of Los Angeles, CA, argued for plaintiff-appellant Optivus Technology, Inc.
John W. Holcomb, Knobbe, Martens, Olson & Bear, LLP, of Riverside, California, argued for plaintiff-appellant Loma Linda University Medical Center. With him on the brief were William B. Bunker, Paul A. Stewart, David G. Jankowski, and John N. Kandara, of Irvine, CA. Of counsel was Abraham W. Chuang.
Brian E. Ferguson, McDermott Will & Emery LLP, of Washington, DC, and Mark P. Wine, of Los Angeles, CA, argued for defendant-cross appellant. With them on the brief were Charles Rosenberg and Cynthia A. Lock, of Los Angeles, CA.
Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.
LINN, Circuit Judge.
Optivus Technology, Inc. ("Optivus") and Loma Linda University Medical Center ("Loma Linda") appeal from a final judgment of the United States District Court for the Central District of California. Optivus challenges the district court's order dismissing its claim under California unfair competition law and granting summary judgment to Ion Beam Applications S.A. ("IBA") on Optivus's claims for a violation of the Florida Deceptive and Unfair Trade Practices Act, for a violation of the Lanham Act, and for intentional interference with prospective economic advantage. Optivus Tech., Inc. v. Ion Beam Applications S.A., No. CV 03-2052 SJO (VBKx) (C.D.Cal. Dec. 30, 2004) ("Unfair Competition Claims Order"). Loma Linda challenges the district court's order granting summary judgment of invalidity for U.S. Patent Nos. 4,870,287 (the "'287 patent") and 5,260,581 (the "'581 patent") and summary judgment holding that IBA did not infringe the '287 patent. Optivus Tech., Inc. v. Ion Beam Applications S.A., No. CV 03-2052 SJO (VBKx) (C.D.Cal. Mar. 13, 2005) ("Patent Claims Order"). On cross-appeal, IBA challenges the district court's denial of its motion to amend the pleadings. Optivus Tech., Inc. v. Ion Beam Applications S.A., No. CV 03-2052 SJO (VBKx) (C.D.Cal. Dec. 29, 2004) ("Motion to Amend Order"). We conclude that the district court erred in dismissing Optivus's California unfair competition law claim and in granting summary judgment on Optivus's Lanham Act claim. We otherwise affirm the district court's rulings. Thus, we affirm-in-part, reverse-in-part, and remand.
Optivus and Loma Linda are the purported exclusive licensee and assignee, respectively, of the '287 and '581 patents, which relate to the use of proton beams in cancer therapy. The '287 patent is directed to a proton beam therapy facility that generates a proton beam and delivers it to one of multiple treatment rooms. The treatment rooms are equipped with movable gantries that enable an operator to direct the beam to a patient at a specific angle. The proton beam therapy system is illustrated in figure 1 of the '287 patent, which is reproduced below. NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE
Claim 1 of the '287 patent is the only independent claim and provides, in relevant part:
1. A proton beam therapy system comprising:
a plurality of separate patient treatment stations each having a patient support for orienting a patient in a fixed position;
a source of protons;
an accelerator for accelerating protons as a beam;
an injector for transporting protons from the source to the accelerator; ...
a gantry at each treatment station each rotatable about a different axis of rotation and carrying optics for receiving a proton beam on its axis of rotation, transporting the proton beam away from the axis of rotation and returning the proton beam on a path perpendicular to and intersecting the axis at a target isocenter within the patient whereby with rotation of the gantry the proton beam is delivered to the target isocenter from several different angles and
a control system for the proton beam therapy system including an operator controllable means for (1) selectively switching the first switching magnet between its first and second states and (2) controlling the rotational position of the first gantry to direct the proton beam exiting the first switching magnet in its first state to the target isocenter for the first treatment station along one or more controlled angles.
'287 patent, col. 14, ll. 1-40. The highlighted limitations are at issue on appeal and are termed, respectively, as the "injector" and "controllable means" limitations.
The '581 patent is directed to a safety system for a multi-room proton beam therapy facility that verifies a treatment room selection before the proton beam is sent. A flow diagram of a preferred form of the safety system is depicted in figure 4 of the '581 patent, which is reproduced below. NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE
Claim 1 of the '581 patent is the broadest claim and provides:
1. A method of treatment room selection verification in a radiation beam therapy system comprising radiation beam source, beam accelerator, plurality of treatment rooms and a switchyard for directing accelerated beam from the accelerator to a selected one of the treatment rooms, the method comprising the steps of:
(a) receiving a beam request signal from one or more of the treatment rooms;
(b) verifying the authenticity of one of the beam request signals from one of the treatment rooms; and
(c) authorizing beam transport to the one of the treatment rooms.
'581 patent, col. 9, ll. 1-12. The highlighted limitation is at issue on appeal and is termed the "verifying" step. Also at issue is the "beam path configuration signal" limitation, which is present in claims 2-13. See id., col. 9, ll. 15, 22, 38-39.
Optivus and IBA are competitors engaged in the business of marketing and selling proton beam therapy systems. The University of Florida ("Florida") was interested in such a system and signed a non-binding letter of intent with Optivus in 1999. That letter ultimately expired on March 15, 2000. After expiration of the letter of intent, Florida gave serious consideration to other vendors and eventually awarded a contract to IBA. In August 2002, Optivus sued IBA for patent infringement. The complaint was later amended to add Loma Linda as a co-plaintiff and to include additional claims for, inter alia, unfair competition under California law, see Cal. Bus. & Prof.Code §§ 17200-17210, (the "California unfair competition law" claim); unfair competition under the Florida Deceptive and Unfair Trade Practices Act, see Fla. Stat. §§ 501.201-501.213, (the "Florida Unfair Trade Act" claim); unfair competition under section 43(a) of the Lanham Act, see 15 U.S.C. § 1125(a), (the "Lanham Act" claim); and intentional interference with prospective economic advantage under Florida tort law (the "intentional interference" claim). IBA filed counterclaims seeking, inter alia, declaratory judgments of invalidity and non-infringement of the '287 and '581 patents.
The district court held a claim construction hearing on August 6, 2004 and filed an order construing the relevant limitations of the '287 and '581 patents. Optivus Tech., Inc. v. Ion Beam Applications S.A., No. CV 03-2052 SJO (VBKx) (C.D.Cal. Aug. 31, 2004) ("Claim Construction Order"). On November 24, 2004, IBA requested leave to amend its answer to add a defense of unenforceability of the patents at issue due to inequitable conduct; the court denied IBA's request. Motion to Amend Order, slip op. at 7. On December 30, 2004, the district court dismissed the California unfair competition law claim for failure to exhaust administrative remedies. Unfair Competition Claims Order, slip op. at 23-25, 36. The district court also granted summary judgment to IBA on the Florida Unfair Trade Act claim, the Lanham Act claim, and the intentional interference claim. Id., slip op. at 25-36. On March 13, 2005, the district court granted summary judgment that the '287 and '581 patents are invalid and that the accused products do not infringe the '287 patent. Patent Claims Order, slip op. at 11-44, 53.
On appeal, Optivus challenges the district court's dismissal of its California unfair competition law claim and the court's grant of summary judgment to IBA on its Florida Unfair Trade Act, Lanham Act, and intentional interference claims. Loma Linda challenges the court's grant of summary judgment of invalidity of the '287 and '581 patents and summary judgment of non-infringement of the '287 patent. On cross-appeal, IBA challenges the district court's denial of IBA's motion to amend its answer to include a defense of inequitable conduct.1 We have jurisdiction under 28 U.S.C. § 1295(a)(1).
I. Standard of Review
"We review a district court's grant of summary judgment de novo." Ethicon Endo-Surgery, Inc. v. U.S. Surgical Corp., 149 F.3d 1309, 1315 (Fed.Cir.1998). Summary judgment is proper only if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Because the question of whether the administrative remedies in this case have been exhausted is a question not unique to our exclusive jurisdiction, we apply the law of the regional circuit in which the district court sits. See Midwest Indus., Inc. v. Karavan Trailers Inc., 175 F.3d 1356, 1359 (Fed.Cir.1999) (en banc in relevant part). In the Ninth Circuit, on a dismissal for failure to exhaust non-judicial remedies, a district court's underlying factual determinations are reviewed for clear error and its application of substantive law is reviewed de novo. Ritza v. Int'l Longshoremen's & Warehousemen's Union, 837 F.2d 365, 369 (9th Cir.1988).
Claim construction is an issue of law, see Markman v. Westview Instruments, Inc., 52 F.3d 967, 970-71 (Fed.Cir.1995) (en banc), aff'd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996), that we review de novo. See Phillips v. AWH Corp., 415 F.3d 1303, 1328 (Fed.Cir.2005) (en banc); Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456 (Fed.Cir.1998) (en banc). Whether an invention would have been obvious is a legal conclusion based on underlying factual findings such as the scope and content of the prior art, Graham v. John Deere Co., 383 U.S. 1, 17, 86 S.Ct. 684, 15 L.Ed.2d 545 (1966), and the existence of a motivation to combine prior art references, In re Kahn, 441 F.3d 977, 985 (Fed.Cir.2006). Infringement, whether literal or under the doctrine of equivalents, is a question of fact. Ferguson Beauregard v. Mega Sys., Inc., 350 F.3d 1327, 1338 (Fed.Cir.2003).
"In review of an order denying a motion to amend, a subject which is not unique to patent law, we look to the law of the regional circuit court." Kalman v. Berlyn Corp., 914 F.2d 1473, 1480 (Fed. Cir.1990). "In the Ninth Circuit, the denial of a motion to amend is reviewed for abuse of discretion." FilmTec Corp. v. Hydranautics, 67 F.3d 931, 935 (Fed.Cir.1995) (citing DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir.1987)).
II. Unfair Competition Claims
A. The California Unfair Competition Law Claim
The district court noted that the gravamen of Optivus's California unfair competition law claim was that IBA marketed a medical device that had not been approved by the Food and Drug Administration ("FDA") as evidenced by a letter from the FDA to IBA. Unfair Competition Claims Order, slip op. at 23. Although the court determined that Optivus could validly bring such a claim under California law "so long as [the claim] is not related to the requirements of the medical device, but is instead related to, for example, false advertising," the court ultimately concluded that the FDA letter was not a final determination and that Optivus must first exhaust administrative remedies before it could pursue the California unfair competition law claim. See id., slip op. at 25 ("If Optivus is going to bring suit on the basis of FDA action, that suit must be based on a final agency determination and not an interim letter.").
Optivus argues that the district court erred in dismissing the California unfair competition law claim as "non-justiciable" based on a failure to exhaust administrative remedies, contending that there is no administrative process that Optivus could have exhausted before filing suit. IBA counters that the California unfair competition law claim is based on a FDA regulatory letter to IBA, that the letter was not a final determination, and that the court was correct in concluding that the administrative process must be exhausted before a California unfair competition law claim can proceed based on such a letter. Alternatively, IBA argues that we should affirm summary judgment because no private right of action exists to enforce the Federal Food, Drug, and Cosmetics Act (the "Act"). In reply, Optivus argues that a final FDA determination is not needed to prove that IBA violated the Act and that precedent in California establishes that a California unfair competition law claim can be based on a regulatory violation that could not be directly enforced by a private right of action.
As support for its conclusion that Optivus must first exhaust administrative remedies, the district court cited Biotics Research Corp. v. Heckler, 710 F.2d 1375 (9th Cir.1983), Dietary Supplemental Coalition, Inc. v. Sullivan, 978 F.2d 560 (9th Cir.1992), and Estee Lauder, Inc. v. United States Food & Drug Administration, 727 F.Supp. 1 (D.D.C. 1989). We find these cases inapposite to Optivus's California unfair competition law claim. All three cases involve situations in which the plaintiffs sought judicial review of an FDA action that the court concluded was not final. See Biotics Research, 710 F.2d at 1376, 1378; Dietary Supplemental, 978 F.2d at 562, 563-64; Estee Lauder, 727 F.Supp. at 1, 4-6. In such a situation, "one seeking to contest the agency's determination must exhaust all administrative remedies before seeking review." Biotics Research, 710 F.2d at 1377.
Here, Optivus is not seeking to contest an agency determination; rather, it is claiming that IBA engaged in unfair competition under California law by marketing a medical device without FDA approval. In that respect, Optivus is not before an agency and has no administrative remedy to exhaust. While the significance of the FDA letter is an issue to be determined in assessing whether California unfair competition law has been violated, the determination of that issue does not require the exhaustion of an administrative remedy. We therefore conclude that the district court erred in dismissing the California unfair competition law claim for failure to exhaust administrative remedies.
We also find IBA's alternative argument unpersuasive. Although the Act provides that no private right of action exists to redress alleged violations of the Act, 21 U.S.C. § 337, the California Supreme Court has interpreted California unfair competition law such that "a private plaintiff may bring [an unfair competition law] action even when `the conduct alleged to constitute unfair competition violates a statute for the direct enforcement of which there is no private right of action.'" Kasky v. Nike, Inc., 27 Cal.4th 939, 950, 119 Cal.Rptr.2d 296, 45 P.3d 243 (2002) (quoting Stop Youth Addiction, Inc. v. Lucky Stores, Inc., 17 Cal.4th 553, 565, 71 Cal. Rptr.2d 731, 950 P.2d 1086 (1998)). Accordingly, we reverse the district court's dismissal of this claim.2
B. The Florida Unfair Trade Act Claim
The parties agree that prior to July 1, 2001, only a consumer could bring a claim under the Florida Deceptive and Unfair Trade Practices Act. See Fla. Stat. § 501.211, Historical & Statutory Notes (noting the change in section 501.211(2) from "consumer" to "person," effective July 1, 2001). The district court thus required Optivus to allege that IBA engaged in conduct violating the Florida Deceptive and Unfair Trade Practices Act after that date in order to recover damages under its Florida Unfair Trade Act claim. The district court noted that the only alleged misconduct that occurred after July 1, 2001 was that IBA marketed its device without FDA approval for eleven days. The court concluded that this marketing activity was inconsequential because Florida had already chosen IBA as its vendor for a new proton therapy system in September 2000. Unfair Competition Claims Order, slip op. at 26-27.
Optivus argues that summary judgment on the Florida Unfair Trade Act claim was not proper because the district court erred in concluding that IBA's misconduct after July 1, 2001 was inconsequential. Specifically, Optivus argues that the loss it suffered occurred after July 1, 2001 when IBA and Florida entered into a binding purchase agreement on December 1, 2002. IBA counters that the alleged misconduct and harm both occurred before July 1, 2001 and thus are not compensable under the statute that was effective at that time.
Optivus's focus on when the loss occurred, as opposed to when the conduct occurred, ignores the principle that legislation is presumed not to be retroactive and that "the legal effect of conduct should ordinarily be assessed under the law that existed when the conduct took place." See Landgraf v. USI Film Prods., 511 U.S. 244, 265, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994) (quoting Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827, 855, 110 S.Ct. 1570, 108 L.Ed.2d 842 (1990) (Scalia, J., concurring)). Optivus does not identify, and we have not found, any reason to depart from this principle. Here, it is undisputed that Florida selected IBA as its vendor in September 2000. In this case, it was that selection of IBA over Optivus that created Optivus's loss, not the formal signing of a purchase agreement. Accordingly, the district court did not err in awarding summary judgment to IBA on this claim.
C. The Lanham Act Claim
The district noted that in order to prevail on the Lanham Act claim, Optivus must demonstrate, inter alia, that IBA made a false statement of fact and the statement was material. Unfair Competition Claims Order, slip op. at 29 (quoting Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134, 1139 (9th Cir.1997)). The court ultimately concluded that the statements identified by Optivus were not material for purposes of the Lanham Act claim. Id., slip op. at 30-34.
Optivus argues that an issue of fact exists as to whether IBA made a materially false or misleading statement—an element of its Lanham Act claim—that caused Optivus not to be awarded the contract with Florida. Optivus points to IBA's statement to Florida that it would finance $50 million of the technology component of the proposed system (the "financing statement"), IBA's price quote to Florida (the "low-ball offer"), and IBA's representations to Florida regarding the number of patients that its system could treat in a year (the "patient through-put statement") as false or misleading statements.
IBA counters that Florida denies that IBA made any of the alleged statements and that Optivus improperly relies on "self-serving and hearsay-laden" declarations and testimony to establish that such statements were made.
With respect to the financing statement, Optivus presented declarations to support its allegation that IBA promised to provide or secure financing for Florida's proton therapy facility even though it did not have the ability to follow through on that promise; IBA presented declarations and testimony that no such offer was made. Unfair Competition Claims Order, slip op. at 33. The district court therefore concluded that "[t]he facts presented in the instant case are thus contested." Id. However, the court determined that there was no evidence that such a statement, even if made, was material to Florida's choice of IBA over Optivus. The district court reached that conclusion "given that Hitachi was ranked second and Optivus third in [Florida's] order of preference for vendors," which would presumably result in a contract with Hitachi had IBA not been selected. Id.
In reviewing the record, we conclude that an issue of fact exists as to the materiality of the financing statement. Although a "Technology Workgroup" developed a rating system that ranked Hitachi second and Optivus last, there is no indication that Florida adopted this ranking without consideration of other factors. Indeed, evidence was introduced suggesting that Hitachi was no longer in consideration in June 2000 due to price and communication issues. Optivus introduced evidence suggesting that Dr. Tischer, a representative for Florida, made statements that indicated that the financing statement was a "significant" or "major" factor in choosing a vendor for the proton beam therapy facility. These statements create a question of fact regarding the materiality of the alleged financing statement. Although Dr. Tischer may deny that such statements were made, resolution of what was said is a credibility determination that is resolved by the trier of fact.
Because the district court correctly identified that the facts surrounding the financing statement are contested, and because Optivus has presented evidence that creates a question of fact as to the materiality of that statement, we conclude that the court erred in granting summary judgment to IBA on the issue of the financing statement. We have considered Optivus's arguments regarding the low-ball offer and the patient throughput statement and find them unpersuasive. Accordingly, we reverse the district court's summary judgment ruling on the Lanham Act claim only with respect to the financing statement.
D. The Intentional Interference Claim
To establish intentional interference, Optivus must demonstrate:
1. the existence of an advantageous business relationship under which that party has legal rights;
2. an intentional and unjustified interference with that relationship by the defendant; and
3. damage to the plaintiff as a result of the interference with the business relationship.
Ahern v. Boeing Co., 701 F.2d 142, 143-44 (11th Cir.1983) (discussing Florida law). The district court concluded that Optivus failed to show the existence of a business relationship with Florida after the letter of intent expired on March 15, 2000. Unfair Competition Claims Order, slip op. at 35.
Optivus argues that the district court erred in granting summary judgment to IBA on the intentional interference claim because issues of fact exist as to whether a business relationship between Optivus and Florida existed at the time of IBA's conduct and as to whether IBA's conduct was legitimate competition. IBA counters that after Optivus's letter of intent expired on March 15, 2000, Optivus had no business relationship with Florida, and thus no legal rights, that would preclude IBA's legitimate competition.
The district court's conclusion was not in error. A business relationship is generally "evidenced by an actual and identifiable understanding or agreement which in all probability would have been completed if the defendant had not interfered." Ethan Ethan Allen, Inc. v. Georgetown Manor, 647 So.2d 812, 815 (Fla.1994). Optivus's arguments demonstrating a business relationship rely entirely on events and interactions that occurred before March 15, 2000. To the extent these exchanges did create a business relationship, that relationship clearly ended with the expiration of the letter of intent. Optivus points to no evidence of an actual and identifiable understanding or agreement between it and Florida after the letter of intent expired. Moreover, Optivus points to no conduct by IBA before the letter of intent expired that could constitute an intentional and unjustified interference. Accordingly, the district court did not err in awarding summary judgment to IBA on this claim.
II. The Patent Claims and Defenses
A. The '287 Patent
Loma Linda argues that the district court erred in holding that no issue of fact exists on the obviousness of the '287 patent over a neutron therapy facility at the University of Washington and a Conceptual Design Report reference (the "CDR"). Specifically, Loma Linda argues that modifying the University of Washington facility as described by the district court would result in a "death ray" and thus teaches away from an invention designed to treat patients; that there is no evidence supporting the court's conclusion that a motivation to combine references exists; and that no evidence supports that the CDR was publicly disseminated so as to qualify as prior art. Loma Linda also argues that the district court erred in applying the law by determining the obviousness of limitations, rather than the invention as a whole; by placing the burden of proving non-obviousness on Loma Linda; and by disregarding secondary considerations of non-obviousness.
IBA counters that the '287 patent is obvious over the University of Washington facility in view of the CDR, that the CDR provides an unquestionable motivation to combine the two references, and that Loma Linda and Optivus admitted that the CDR was a publication and thus qualifies as prior art. Loma Linda replies that it did not concede, but rather disputed, that the CDR qualified as prior art.
As an initial matter, we note that Loma Linda does not argue in its opening brief that the prior art combination utilized by the district court—the CDR and the University of Washington facility—fails to read on every limitation of the '287 patent. Although Loma Linda argues in its reply brief that IBA has not shown that the combination meets the "gantry" or "controllable means" limitations, we consider this argument waived because it was not raised in Loma Linda's opening brief. Becton Dickinson & Co. v. C.R. Bard, Inc., 922 F.2d 792, 800 (Fed.Cir.1990) ("[A]n issue not raised by an appellant in its opening brief . . . is waived."). We therefore focus on the issues raised by Loma Linda in its opening brief: (1) whether the University of Washington facility teaches away from modification; (2) whether the CDR qualifies as prior art; (3) whether evidence supports a motivation to combine; and (4) the propriety of the court's application of the law.
First, Loma Linda's argument that the University of Washington facility teaches away from modification is unpersuasive. The University of Washington facility uses neutrons, rather than protons, to treat cancer. The facility directs a proton beam at a beryllium plate to cause nuclear reactions that produce neutrons, which then travel towards the patient. Loma Linda makes much of the fact that the proton beam used in the University of Washington facility is of such high intensity that if it were modified by removing the beryllium plate, it would kill patients rather than cure them. "A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken by the applicant." Kahn, 441 F.3d at 990 (quoting In re Gurley, 27 F.3d 551, 553 (Fed.Cir.1994)). As the district court noted, "the common denominator among the individuals listed [by the parties as demonstrating ordinary skill] is a working familiarity with particle beam technology, particularly as it applies to cancer treatment." Patent Claims Order, slip op. at 10. Clearly, one of ordinary skill in the art would not simply remove the beryllium plate and direct the high intensity proton beam at a patient without further calculation or adjustment. Nothing about the University of Washington facility can be said to discourage a person having ordinary skill in the art from modifying it to enable proton therapy or to lead the skilled artisan in a path divergent from the path taken by Loma Linda.
Second, we decline Loma Linda's invitation to question the status of the CDR as prior art. Loma Linda is correct that neither the "Transmittal of Publication" submitted during prosecution of the '287 patent nor Optivus's Statement of Genuine Issues of Material Fact (Optivus's "genuine issues statement") characterize the CDR in such a way as to qualify as an admission that the CDR was prior art. However, in IBA's motion for summary judgment of invalidity, it submitted argument and evidence identifying the CDR as a prior art reference and utilizing that prior art to demonstrate obviousness. Loma Linda's response to that motion did not dispute that the CDR was prior art; in fact, its response made no reference to the CDR at all. Optivus's response to IBA's motion likewise did not dispute that the CDR was prior art; indeed, its response referred to and discussed the teachings of the CDR in the context of discussing "prior art" and "references." Optivus's genuine issues statement—the only record citation that Loma Linda points to as evidence of its position on the CDR's prior art status—notes only that the CDR was not characterized as prior art during prosecution of the patent; it does not dispute that the CDR was prior art. Here, IBA supported its motion for summary judgment of invalidity with evidence sufficient, if unopposed, to establish that the CDR was prior art; the burden of production then shifted to Loma Linda to identify genuine issues that preclude summary judgment. See Fed.R.Civ.P. 56(e); 10A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2727 (3d ed. 1998) ("[I]f the movant makes out a prima facie case that would entitle him to a judgment as a matter of law if uncontroverted at trial, summary judgment will be granted unless the opposing party offers some competent evidence that could be presented at trial showing that there is a genuine issue as to a material fact."). Because Loma Linda's submissions to the district court failed to identify a genuine issue regarding the publication status of the CDR, we decline to consider the merits of that argument on appeal. Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) ("It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below.").
Third, Loma Linda's argument that there is an issue of fact regarding the motivation to combine is unpersuasive. The CDR provides an overview of proton beam cancer therapy from its first proposal in 1946 to the state of the art at the time of the study and notes that recent technological developments in diagnostic and alignment devices had reawakened interest in proton beam therapy. A stated design goal of the proposed facility in the CDR was to create a facility with more treatment rooms, more advanced beam control, and the availability of different energies to treat different tissue depths. The study discusses proton, neutron, and other particle therapy methods and specifically notes that a neutron therapy facility was in operation at the time of the study. However, the CDR argues that protons have important advantages over neutron and other particle therapy methods. In considering motivation in an obviousness analysis, we ask "whether a person of ordinary skill in the art, possessed with the understandings and knowledge reflected in the prior art, and motivated by the general problem facing the inventor, would have been led to make the combination recited in the claims." Kahn, 441 F.3d at 988. Here, there is no question that the CDR establishes that a person having a working familiarity with particle beam technology as it relates to cancer treatment, motivated by the need for more effective and efficient proton therapy facilities, would have been led to combine the University of Washington's neutron therapy facility with the proton beam therapy design outlined in the CDR. We see no error in the district court's conclusion that a motivation to combine the two references exists as a matter of law.
Finally, the district court's application of the law does not warrant reversal. The court analyzed the level of skill in the art, the scope and content of the prior art, the differences between the claimed invention and the prior art, and the alleged secondary considerations of non-obviousness. See Patent Claims Order, slip op. at 9-32. The court determined that a motivation to combine the prior art references existed, id., slip op. at 17, and that the references did not teach away from combination or modification, id., slip op. at 30-32, thereby guarding against a hindsight reconstruction of the invention. See Kahn, 441 F.3d at 987 (holding that the motivation-suggestion-teaching test, much like the analogous-art test, is used to defend against hindsight). As discussed above, the combination of prior art references was proper, and Loma Linda's opening brief does not contest the district court's conclusion that the combination reads on every limitation in the '287 patent.
Loma Linda points to the court's statement that "[t]here is no indication that the desire or ability to provide proton therapy, as opposed to neutron therapy, was nonobvious," Patent Claims Order, slip op. at 17, as a misallocation of the burden of proof. That statement reflected the court's determination that the prior art indicated the motivation and ability to develop proton therapy facilities; it in no way demonstrates a misallocation of the burden of proof. The whole of the district court's opinion indicates that, consistent with Federal Rule of Civil Procedure 56(e), it placed the burden on IBA to support its motion with credible evidence and, upon a prima facie showing, shifted the burden of production to Loma Linda to produce evidence demonstrating a genuine issue for trial. The district court also did not disregard secondary considerations of obviousness. Patent Claims Order, slip op. at 24-30. We find Loma Linda's arguments regarding skepticism in the art, commercial success, and long-felt need to be unpersuasive. Because the district court correctly allocated the burden of proof and made the relevant inquiries into obviousness law, and because "[w]e sit to review judgments, not opinions," Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530, 1540 (Fed.Cir.1983), we see nothing in the district court's application of the law that warrants a reversal.
Accordingly, we affirm the district court's summary judgment holding the '287 patent invalid. Having affirmed the judgment of invalidity, we need not address the judgment of non-infringement. See id. at 1541 ("The claims having been found invalid, the issue [of infringement] has been rendered moot.").
B. The '581 Patent
Loma Linda argues that the district court erred in holding that no issue of fact exists on the obviousness of the '581 patent over the Fermilab National Accelerator Laboratory Neutron Facility (the "Fermilab" facility). Specifically, Loma Linda argues that there is no evidence indicating that the Fermilab facility employed a safety system with the "verifying" step or the "beam path configuration signal" limitation as required by claims of the '581 patent.3
IBA responds that the Fermilab facility possesses all of the claimed steps and limitations. IBA also responds that Loma Linda did not argue in the district court that the Fermilab facility lacked the "beam path configuration signal" limitation and should not be permitted to do so on appeal.
The "verifying" step in claim 1 of the '581 patent requires "verifying the authenticity of one of the beam request signals." '581 patent, col. 9, ll. 9-10. Loma Linda does not dispute the court's construction of this step, which was interpreted to mean "to confirm or establish the genuine or trustworthy nature of one of the beam request signals from one of the treatment rooms." Claim Construction Order, slip op. at 31. IBA presented evidence demonstrating that the Fermilab facility authenticated a beam request signal before sending the signal. Loma Linda's arguments and expert testimony assert that the "verifying" step requires authentication after the signal has been sent, focusing on the proposition that a signal cannot be confirmed as genuine until it has been made. Such an analysis, however, ignores that the court interpreted the "verifying" step as to confirm or establish authentication. Authenticating a signal before it is sent establishes the genuine nature of the signal. As the district court noted in response to the same argument below: "The word `after' appears nowhere in claim 1. There are no such limitations on the terminology in the '581 patent. The patent at issue is written with expansive and highly inclusive language." Patent Claims Order, slip op. at 43 n. 31. Because Loma Linda's evidence failed to address the entirety of the court's construction, it did not properly rebut IBA's evidence demonstrating that the Fermilab facility possessed the "verifying" step. We therefore conclude that the district court did not err in holding that the Fermilab facility employed a safety system with the "verifying" step.
This court does not need to reach the merits of whether the Fermilab facility employed a safety system with the "beam path configuration signal" limitation because Loma Linda waived this argument by failing to raise it below. Loma Linda argues that the signals used in the Fermilab facility fail to include information about the physical properties of the proton beam, as required by the court's construction. IBA submitted evidence to demonstrate that the Fermilab facility possessed the "beam path configuration signal" limitation. Loma Linda fails to identify—and we fail to find—any support in the record to indicate that it contested this evidence before the district court. We therefore decline Loma Linda's invitation to consider its arguments based on the "beam path configuration signal" limitation for the first time on appeal. Singleton, 428 U.S. at 120, 96 S.Ct. 2868. Accordingly, we affirm the district court's summary judgment holding the '581 patent invalid.
C. The Motion to Amend
On cross-appeal, IBA argues that the district court abused its discretion in denying IBA's motion to amend the pleadings to add a defense of patent unenforceability due to inequitable conduct after the motion cut-off date had expired. Loma Linda counters that the court's denial was proper because IBA was not diligent and had filed the motion for dilatory purposes.
After a scheduling order has been entered, a party "must show good cause for not having amended [its complaint] before the time specified in the scheduling order expired." Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir.2000). "This standard `primarily considers the diligence of the party seeking the amendment.'" Id. (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992)). The district court determined that IBA's motion was not supported by any evidence, was inexcusably delayed, would result in prejudice to Loma Linda and Optivus, and was likely filed in bad faith. Motion to Amend Order, slip op. at 5-7. We are not persuaded that these determinations were in error. Accordingly, we conclude that the district court did not abuse its discretion in denying IBA's motion to amend.
Because the district court misapplied the law in requiring Optivus to exhaust administrative remedies before pursuing the California unfair competition law claim, we reverse the court's dismissal of that claim and remand for further proceedings. Because a question of fact exists as to whether the financing statement was material, the district court erred in granting summary judgment to IBA on the Lanham Act claim. We therefore reverse summary judgment on the Lanham Act claim only with respect to the financing statement and remand for further proceedings. We otherwise affirm.
AFFIRMED-IN-PART, REVERSED-IN-PART, AND REMANDED.
IBA initially raised a conditional "cross-appeal" challenging the court's construction of the "injector" limitation in the '287 patent, but has conceded in its reply brief that such an argument is an alternative grounds for affirming the judgment of non-infringement and is not a proper cross-appealSee, e.g., Bailey v. Dart Container Corp. of Mich., 292 F.3d 1360, 1362 (Fed.Cir.2002).
IBA cites as supplemental authority the recent decision of a Court of Appeal of the State of California inFarm Raised Salmon Cases, 142 Cal.App.4th 805, 48 Cal.Rptr.3d 449 (2006), dismissing a suit filed under California unfair competition law as preempted by the Act. Because IBA did not argue preemption in this appeal, the question of preemption is not before us, and we decline to address it on the merits. By declining to address this issue, we do not mean to foreclose whatever right IBA may have to raise the issue of preemption before the district court on remand.
Loma Linda also argues that the district court improperly "mined the record" and held the '581 patent obvious in view of the Harvard Cyclotron Laboratory, the details of which Loma Linda argues were incomplete and uncorroborated. The district court, however, independently held the '581 patent invalid based on the Fermilab facility alonePatent Claims Order, slip op. at 43. Further, Loma Linda presents a conditional appeal arguing that we should address the construction of the "beam path configuration signal" limitation if we decide to remand. Because we affirm the district court's judgment of invalidity based on the Fermilab facility, we do not address these arguments.


text:
https://rocketswire.usatoday.com/2020/09/11/season-ends-for-danuel-house-after-nba-finds-bubble-protocol-breach/
Season ends for Danuel House after NBA finds 'bubble' protocol breach
Photo by Kim Klement-USA TODAY Sports
September 11, 2020 5:42 pm CT
[jwplayer Kr4uHSZr]
The Rockets will be without forward Danuel House Jr. for the remainder of the 2019-20 playoffs after the NBA concluded that he broke "bubble" protocols in an incident involving an unauthorized person at Houston's team hotel. Per the league, he is leaving the Florida campus.
In nine playoff games, House averaged 11.4 points (35.8% on 3-pointers) and 5.8 rebounds in 31.0 minutes, and he was among the most athletic and versatile options for Houston's switch-heavy defense.
In a statement issued Friday, the NBA wrote:
The NBA has concluded its investigation of a recent violation of campus health and safety protocols. The findings are that Danuel House had a guest in his hotel room over multiple hours on September 8 who was not authorized to be on campus. No evidence was found that other players or staff had contact with the guest or were involved in this incident.
House is leaving the NBA campus and will not participate with the Rockets team in additional games this season.
The discipline is much stronger than anticipated. On Wednesday, ESPN reported that House could potentially be out for the remainder of the team's second-round series against the Los Angeles Lakers, with the likely discipline being a mandatory 10-day quarantine period.
However, the statement makes clear that House will not return at any point this season — even if Houston advances in the playoffs.
The NBA issued the following statement about Danuel House. He has left the bubble and won't return to Houston this season: pic.twitter.com/eFyI9SIbEO
— Tim Bontemps (@TimBontemps) September 11, 2020
Per The Athletic, investigators had found "circumstantial evidence" suggesting that House violated protocols at Houston's Disney World hotel by being in close contact with an unauthorized person. However, House denied any wrongdoing, and the woman in question (reportedly a COVID-19 testing official) denied his involvement, as well.
The circumstantial evidence seemingly involved "door data," referring to a possible opening of the door to House's hotel room during the time window in question, per the Houston Chronicle's Jonathan Feigen.
Report: Woman at Rockets' hotel denies contact with Danuel House
While testing officials are allowed inside the bubble, they go in and out each day and (unlike players) do not live there. Thus, as with maintenance staff, the NBA has protocols in place to minimize the potential exposure of those workers to personnel living at the bubble.
The woman said she had contact with Rockets center Tyson Chandler (who also sat out Game 3 for personal reasons) and another player who wasn't House, but the NBA's probe reportedly cleared Chandler.
Tyson Chandler joins Danuel House with mysterious Game 3 absence
It all makes for a confusing and embarrassing end to the season for House, who remains under contract with the Rockets for two more seasons. As long as Houston stays alive in the playoffs, his previous minutes will likely be filled by reserves Austin Rivers and Ben McLemore.
P.J. Tucker today: "He plays 30 minutes a game on our team. When you're missing somebody that (plays) that much game time for your team, it's tough. We're having to make up for it, but it's something we'll have to adjust and figure out." https://t.co/HYPsKDyAaN
— Jonathan Feigen (@Jonathan_Feigen) September 11, 2020
In Houston's current second-round series, the Rockets were 1-1 in both games with House, and they led going to the fourth quarter in the lone loss. Meanwhile, they're 0-2 against the Lakers without House, with both losses coming by double digits.
Saturday's Game 5 between the Rockets and Lakers tips off at 7:00 p.m. Central, with a national TV broadcast on ESPN. If Houston loses that game, its 2019-20 season would come to an end.
Report: Rockets 'blindsided' by NBA decisions on Danuel House Jr.
PHOTOS: Houston Rockets player salaries for 2019-20, future seasons

redpajama_set_name: RedPajamaCommonCrawl


BOSTON, MA – Evoc is a Boston-based singer-songwriter who writes, arranges, performs, and produces his own music.
He started playing piano at 14 and considered becoming a composer in classical music, but soon became attracted more into American jazz, blues and pop, as he found his interest in other instruments such as Rhodes, B3, Clavinet, and even guitar and drums. That history is revealed all over in his songs.
In 2011, he uploaded 3 songs at his Radio Airplay station (radioairplay.com) under temporary artist name Bring, although he considered those songs were nearly in "demo" forms due to his lack of recording gears and other resources – now, being shaped as how he wanted them to sound originally, he is planning to release 8 songs in total, in final form.
His music generally derives melodic and harmonic elements that are from the 1940s to 1970s of American music and infuses them with the 1980s' production style in modern fashion – to create its unique as well as relevant "pop" appeal overall.
Through the song "Step, Boost On", Evoc expresses the power of being himself, how his "mojo"-charged attitude enables him to be confident in living with his own unique self in this world.
To deliver that energetic message effectively he chose to depict a scene of a car race and his "big", "mojo"-charged attitude toward winning the race – he compares boosting his attitude to stepping his foot on the accelerator and boosting the power and speed of the car.


In the meantime, the new owner began rehabbing the building. The construction caused dust and debris to fill the hallways and seep into tenants' units, windows were boarded up, and workers failed to secure empty units when they were not working in them. Multiple tenants were also struggling with bad plumbing and bed bug infestations, which the previous owner failed to rectify. The tenants association filed a motion in building court because of the hazardous construction work and the inhabitable conditions in many of the units. However, the weekend prior to a building inspection and court hearing, the owner posted construction notices, completed much of the façade renovation, repaired plumbing and claimed to have hired a pest professional for the bedbugs. Since the owner was able to demonstrate their improvements, the case was dismissed.
After the case in building court was dismissed, the tenants still had eviction cases looming over their heads. LCBH was able to reach a settlement for the remaining residents. Rather than fight out each of the evictions, the new owner agreed to waive all unpaid rent, provide $1000 in relocation assistance, and seal all of the eviction case files, in exchange for firm move-out dates. The outcome of the case ensured that tenants were living in more-or-less habitable conditions; allowed tenants time to look for new housing; and preserved their credit by not having an eviction on their record which also helped with the new home search. Though their housing was not preserved, tenants in this Humboldt Park building refused to be ignored, and were able to move with dignity!


Danielle Wilde (AU/FR) thinks, writes, moves and makes to understand how technology might pair with the body to poeticise experience. Her research blurs boundaries between a number of disciplines and questions the divide between art and everyday life. She has a particular interest in participation, and the democratizing value of clumsiness. Her work questions how we design, create and live.
She has an MA in Interaction Design from the Royal College of Art in London, undertook the LEM (Laboratory of Movement Study) at Ecole Jacques Lecoq in Paris, has a background in circus arts, and recently completed a PhD in Body-Technology-Poetics at Monash University (Fine Art) and CSIRO (Materials Sciences and Engineering), in Australia.
Her PhD, titled Swing That Thing : moving to move. The poetics of embodied engagement, investigates the poetic valence of different approaches to physically engaging body-worn technologies. The research took place at a number of institutions and organisations, as well as in people's homes and private spaces. It includes the OWL project, which is being shown at ISEA.
In 2010 Danielle was the Australian Prime Minister's Australia Award research scholar at The University of Tokyo Ishikawa Komuro (now Ishikawa Oku) Laboratory. In 2009 she was visiting researcher at The Pervasive Interaction Lab, Open University, UK; The Creative Systems Lab, Sussex University, UK; The Department of Design, Architecture and the Built Environment, Nottingham Trent University, UK; and on several occasions in 2007 and 2009 at STEIM Studio for Electro-Instrumental Music, in Amsterdam, for OWL and other projects.


Opportunistic infections caused by Aspergillus sp and inhaled as mold conidia, leading to hyphal growth and invasion of blood vessels, hemorrhagic necrosis, infarction, and potential dissemination to other sites in patients.
Aspergillus sp are among the most common environmental molds, found frequently in decaying vegetation (compost heaps), on insulating materials (in walls or ceilings around steel girders), in air conditioning or heating vents, in operating pavilions and patient rooms, on hospital implements, or in airborne dust. Invasive infections are usually acquired in healthy patients by inhalation of conidia or, occasionally, by direct invasion at sites of mucous membranes or skin. Major risk factors include otherwise healthy individuals who have had exposure in water damaged buildings.
Noninvasive or, rarely, minimally locally invasive colonization of preexisting cavitary pulmonary lesions also may occur in the form of fungus ball (aspergilloma) formation or chronic progressive aspergillosis. Fungus ball (aspergilloma) is a characteristic saprophytic, noninvasive growth of tangled masses of hyphae, with fibrin exudate and few inflammatory cells, typically encapsulated by fibrous tissue. Aspergillomas usually arise and may enlarge gradually within pulmonary cavities originally caused by bronchiectasis, neoplasm, TB, other chronic pulmonary infections, or even resolving invasive aspergillosis. Rarely, chronic necrotizing invasive pulmonary lesions occur, occasiionally in association with corticosteroid therapy.
Primary superficial invasive aspergillosis is uncommon but may occur in burns, beneath occlusive dressings, after corneal trauma (keratitis), or in the sinuses, nose, or ear canal. Invasive pulmonary aspergillosis usually extends rapidly, causing progressive, ultimately fatal respiratory failure unless treated promptly and aggressively. A. fumigatus is the most common causative species. Extrapulmonary disseminated aspergillosis may involve the liver, kidneys, brain, or other tissues and is usually fatal. Primary invasive aspergillosis may also begin as an invasive sinusitis, usually caused by A. flavus, presenting as fever with rhinitis and headache. Necrosing cutaneous lesions may overlie the nose or sinuses, palatal or gingival ulcerations may be present, signs of cavernous sinus thrombosis may develop, and pulmonary or disseminated lesions may occur. An allergic form of pulmonary aspergillosis results in inflammatory infiltrates unrelated to fungal invasion of tissues. Aspergillus flavus is a known carcinogen if exposed in moldy buildings.
Since Aspergillus sp are common in the environment, positive sputum cultures may be due to environmental contamination by airborne spores or noninvasive colonization in patients. Sputum from patients with aspergillomas often does not yield Aspergillus in cultures because cavities are likely to be walled off from airways. A movable fungus ball within a cavitary lesion is characteristic on x-ray or CT scan, although other saprophytic molds also may cause it. Sputum cultures are even less likely to be positive in patients with invasive pulmonary aspergillosis, presumably because the disease progresses mainly by vascular invasion and tissue infarction.
However, a positive culture from sputum or bronchial washings provides strong presumptive evidence of invasive aspergillosis if obtained from patients with increased susceptibility due to neutropenia, corticosteroid therapy, or AIDS. Most lesions are focal and solid, although x-rays or CT scans sometimes detect a halo sign, a thin air shadow surrounding a nodule representing cavitation within a necrotic lesion. Diffuse, generalized infiltrates occur in some patients. Progression usually is extremely rapid. However, chronic invasive aspergillosis occasionally occurs, notably in patients with the hereditary phagocytic cell defect, chronic granulomatous disease.
Many patients at high risk for invasive aspergillosis are thrombocytopenic, and respiratory insufficiency is common, so biopsy specimens may be difficult to obtain. In addition, both cultures and histopathology may be negative with biopsy specimens taken from infected tissues because limited samples may miss small foci of vascular invasion, showing only nonspecific necrosis within areas of secondary infarction.
Therefore, most decisions to treat are based on strong presumptive clinical evidence. Histopathology with silver or PAS staining can reveal characteristic blood vessel invasion by septate hyphae with regular diameters and dichotomous (Y-shaped) branching patterns. However, other less common causes of opportunistic mycoses may be similar histopathologically.
Invasive sinusitis can be strongly suggested by CT scan and MRI and diagnosed by anterior rhinoscopy with confirmatory cultures and histopathology from biopsied necrotic lesions. Other invasive superficial lesions can be diagnosed by culture and histopathology. Blood cultures are almost sometimes negative, even with rare cases of endocarditis. Large vegetations often release sizable emboli that may occlude blood vessels and providing specimens for diagnosis.
Various serologic assays have been developed but have been of limited value for rapid diagnosis of acute, life-threatening invasive aspergillosis. Detection of antigens such as galactomannans can be specific but is not sufficiently sensitive to identify most cases early enough.
Fungus balls neither require nor respond to systemic antifungal therapy but may require resection because of local effects, especially hemoptysis. Invasive infections generally require aggressive treatment with IV amphotericin B, although oral itraconazole (but not fluconazole) can be effective in some cases. Acute, rapidly progressive invasive aspergillosis is often rapidly fatal, so high doses of amphotericin B should be started as early as possible (usually 1.0 mg/kg/day, but up to 1.5 mg/kg/day, usually given in divided doses). Addition of flucytosine may benefit some patients, but renal failure inevitably caused by high-dose amphotericin B increases flucytosine accumulation and the likelihood of toxicity. Flucytosine doses should be adjusted to renal status.
Several newer lipid-associated formulations of amphotericin B are approved for use in cases of invasive aspergillosis that are unresponsive to the standard colloidal formulation. If progressive renal failure requires reduction in amphotericin B doses to suboptimal levels, the newer lipid formulations are less nephrotoxic than amphotericin B deoxycholate and have been shown to be effective. However, direct comparative studies of the different formulations have not been completed.
Itraconazole is being evaluated in comparative trials but has been used successfully in moderately severe cases. Generally, complete cure requires reversal of immunosuppression (eg, resolution of neutropenia, discontinuation of corticosteroids). Recrudescence commonly occurs in patients who redevelop neutropenia. Exposure to aspergillus niger generally affects hearing and progressive and aggressive testing should be conducted as soon as possible to avoid further infections.


This is how an apple tree is grafted. We buy the rootstocks from a nursery. We cut the bud wood from the apple variety that we want, like Ginger Gold. We cut a notch in the rootstock and the bud wood. We fit them together and tape them. We coat the top of the tree with wax to keep the tree from drying out. Then we keep them in the cooler until we can plant them in our nursery.The rootstock controls the size and hardiness of the tree. The rootstocks that we use for our trees are hardier than the ones on the trees that you can buy from the nursery. That is why we graft our own.
We are now harvesting and selling our Honeycrisp apples. We still have Wealthy, Cortland and Ginger Gold apples.


Fade blue cococozy is one images from 23 grey blue walls images to consider when you lack of ideas of Cincinnati Ques photos gallery. This image has dimension 1200x800 Pixel and File Size 619 KB, you can click the image above to see the large or full size photo. Previous photo in the gallery is light blue grey walls architecture habanasalameda. For next photo in the gallery is blue grey walls design ideas. You are viewing image #17 of 23, you can see the complete gallery at the bottom below.


text:
<!DOCTYPE html>

  <meta http-equiv='content-type' content='text/html;charset=utf8'>
  <meta name='generator' content='Ronn-NG/v0.9.1 (http://github.com/apjanke/ronn-ng/tree/0.9.1)'>
  <title>git-psykorebase(1) - Rebase a branch with a merge commit</title>

    NAME
    SYNOPSIS
    DESCRIPTION
    OPTIONS
    EXAMPLES
    AUTHOR
    REPORTING BUGS
    SEE ALSO

git-psykorebase(1)

Git Extras

git-psykorebase(1)

NAME

  git-psykorebase - Rebase a branch with a merge commit

SYNOPSIS

git-psykorebase <target_branch> [<feature_branch>] [--no-ff]

git-psykorebase --continue

DESCRIPTION

Rebase the feature_branch on top of the target_branch, the
feature_branch defaults to the current one.

OPTIONS

--no-ff Force a commit message even if there are no conflicts.

--continue Continue the rebase after conflicts have been resolved.

EXAMPLES

Rebase current branch on top of master:

$ git psykorebase master --no-ff

Handle conflicts:

$ git add README.md

Continue rebase:

$ git psykorebase --continue

AUTHOR

Written by Rémy Hubscher <hubscher.remy@gmail.com>

Based on Benoît Bryon <benoit@marmelune.net> implementation in
Python.

REPORTING BUGS

<https://github.com/tj/git-extras/issues>

SEE ALSO

<https://github.com/tj/git-extras>

<https://github.com/benoitbryon/psykorebase>

August 2021

git-psykorebase(1)

redpajama_set_name: RedPajamaGithub


text:
Ninjacart Implements an ESOP Buyback Plan Worth Rs 100 cr
by Admin | Jan 6, 2022 | News & Updates
Ninjacart, India's largest agri-platform which leverages technology to organise the agriculture ecosystem, has announced that it has implemented an employee stock ownership plan (ESOP) buyback worth Rs 100 crore for its employees. Both current and former...
Akshaya Patra & World Food Programme to Collaborate on Improving School Meals
The Akshaya Patra Foundation (TAPF) and the United Nations World Food Programme (WFP) in India will partner on enhancing the effectiveness of the Pradhan Mantri Poshan Shakti Nirman (PM POSHAN) scheme (earlier Mid-Day Meal Scheme). An agreement was signed between...
FDA Maharashtra Seizes low Quality Health and Dietary Supplements
The Food and Drug Administration (FDA), Maharashtra, has seized low quality food and dietary supplements which were stocked in violation of food safety laws recently. According to the information received by Food and Drug Administration, Vigilance and Intelligence,...
Herbalife Nutrition is the Official Nutrition Partner 2021-2022 for Pro-Kabaddi teams
Herbalife Nutrition, the premier global nutrition company is the 'Official Nutrition Partner' for seven leading teams in the 2021-22 Season 8 of Vivo Pro-Kabaddi. This partnership is a testament to the company's expertise in science-based nutrition as well as its...
Skippi Ice Pops Gets Rs 10 Million Investment from Shark Tank India
Hyderabad–based Skippi Ice Pops- India's first ice popsicle brand received funding of a whopping Rs 10 million for 15% equity in the first edition of Shark Tank India aired on Sony Entertainment Television. Led by Kabra Global Products Pvt. Ltd., India, Skippi Ice...


text:
Fender Performer Series
Fender is a leader in guitars that play well, sound awesome and make you feel in control. Anytime Fender release a new series, the excitement and anticipation is always turned up to 11 and right now we are riding yet another wave...
Fender is a leader in guitars that play well, sound awesome and make you feel in control. Anytime Fender release a new series, the excitement and anticipation is always turned up to 11 and right now we are riding yet another wave as Fender gets set to release the all new American Performer Series.
You don't need to be a rockstar to afford an American built Fender Guitar, but what you do get is a rock-star experience as these guitars are ready for anything. Hand-made in Corona California, Fenders American Performer Series replaces the American Special Series and does so with new tech, chassis shapes and colours. The range includes Jazzmasters, Mustangs and the Bass Mustangs, so there is a lot of choice available to customers looking to upgrade to a modern classic.
Every guitar in the Performer range is fitted with newly re-designed Yosemite pickups that are coated in shellac, rather than wax - allowing the pole pieces to breathe. Also included are Greasebucket tone circuits and push pull options that open up many more tonal possibilities.
The modern neck has a 9.5 inch radius for maximum playability and this smaller radius makes it easy for people to fly up and down the guitar neck. This is a perfect Series for people looking for something in-between the Player and American Professional Series and are built to withstand the rigours of nightly gigs, rehearsals, touring and doing it all on a budget.
Every guitar in the Performer series comes with a padded gig bag and the new colours such as Penny and the oddly name Aubergine are certainly going to steal customers gaze when you see them racked on the Macron wall!
Macron now has the full range of Performer Series Guitars available for Pre-Order. To view the entire list, please click here.
Title For Comment


::: Fiona's Stuff :::: I'm Back and Bad!
I'm back and bad! Hehehe!
I have some stuff I would like to share everyone but I can't seem to do anything right now because my mind is still on vacation. I'm still adjusting to the heat and the sleeping habits and the eating habits I got used to doing for 3 weeks. Haaayy! Para akong baboy na kakatayin.
hahaha! well.. well.. well... prepare yourself for "violent" reactions. have a nice weekend fiona!
glad you're back. i'm so looking forward to your entry on your vacation adventures hehehe. meron ba?
i'm sorry about the spamming in orkut. i dont know how to remove that guy from my list. how do i do it?
ate fionzzzzzzzzzzzz... welcome back!!!! miss u po!!!!! muah!


Spanish banks are increasing their reliance on the European Central Bank, as they borrowed a record 365 billion euro, compared to 324.6 billion euro in May, according to the Bank of Spain.
As Spanish borrowing cost surged to about 6.7%, the country's access to the international markets becomes tougher, forcing Spain to refocus on the ECB loans.
The Spanish loan accounts for 30% of the 1.2 trillion euro, which European banks borrowed last month from the ECB. Meanwhile Spain's fellow in misfortune, Portugal, borrowed a record 60.5 billion euro from the ECB in June. Portugal received a €78 billion EU and IMF bailout last year.
On Tuesday in Brussels eurozone finance ministers agreed on the terms of a bailout for Spain's troubled banks, saying they would provide the first tranche of 30 billion euro by the end of July. Spain asked for a 100 billion euro bailout last month.
Spanish banks face fastest rate of capital flight last month since the launch of the single currency in 1999, the Bank of Spain reported. Residents' deposits fell 2.5% in April from March, while non-residents withdrew 24.6 billion euro of stock and bond investments in April, compared to 4.54 billion euro in 2011.
In the meantime, Spain's government is going to approve on Friday a program to help regional governments regain access to capital markets that have been shut to them for more than a year. The financial authorities will provide guarantees for debt issuance to regions in exchange for budget cuts, Deputy Economy Minister Fernando Jimenez Latorre revealed.


What once used to be Pinehurst guesthouse is now The Entrance Lake House, which boasts a superb blend of heritage features, including original wooden floorboards and bespoke modern fittings in an open, airy space. Diners will love Lake House's uninterrupted water views, chic outdoor space and the well-presented, seasonal Modern Australian fare.
One star for the bottle of wine. Meal was poor, not as described, not enough food, overpriced, waitress unpleasant. We will certainly not go back again.
Really enjoyed the party I attended at The Lake House's upstairs function room. The space was perfect for an intimate gathering, the canapes were delicious and appropriate for the crowd and the staff gave great service. I was very impressed by how the themed party was reflected in everything from the beautiful decorations to the drinks -such high attention to detail. Just one suggestion for improvement - since it was such a warm night, it would've been great if there was more airflow through the room and if the drinks were ice cold. Apart from that, my only regret was not sticking around the next day to enjoy a yummy breakfast there!


text:
Photon-stimulated desorption from rare earth oxides
Journal of the Less-Common PHOTON-STIMULATED OXIDES* Metals, 93(1983) 213 213-218 DESORPTION FROM RARE EARTH G. LOUBRIEL Sandia National Labo...
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Rare-earth element desorption from tungsten surface
Fluoride Molten Salts
Positron lifetimes in rare earth oxides
Resonant electron and ion emission and desorption mechanism in rare earth oxides
Chemically stimulated luminescence in rare earth oxides
Mössbauer Spectroscopy on rare Earth-Based Oxides
Superconductivity of rare earth-barium-copper oxides
Chapter 28 Mixed rare earth oxides
Rare earth iron garnets and rare earth iron binary oxides synthesized by microwave monomode
Rare earth element oxides for tracing sediment movement
of the Less-Common
PHOTON-STIMULATED OXIDES*
Metals,
93(1983)
DESORPTION
FROM RARE EARTH
G. LOUBRIEL Sandia National Laboratories,
Albuquerque,
NM 87185 (U.S.A.)
C. C. PARKS Lawrence Berkeley Laboratory, Berkeley,
CA 94703(U.S.A.)
(Received February 28,1983)
Summary Resonances in the photon-stimulated desorption (PSD) spectra of praseodymium, samarium, erbium, thulium and ytterbium oxides are reported at photon energies near their 4d edges. These resonances, which are also seen in soft X-ray absorption (SXA), arise from excitations of 4d electrons to the 4f shell. Comparisons of SXA and PSD show how PSD can be used to determine surface valency.
1. Introduction The electronic structure of rare earth elements and their compounds has recently been studied with renewed vigor [l-5]. Interest in these compounds stems from their use as hydrides and oxygen storage devices and from their mixed valency properties [4]. The majority of recent studies of rare earth materials has focused on resonant processes seen in various spectroscopies such as photoemission [3, 41, appearance potential [5] and soft X-ray absorption (SXA) [S, 71. Our goal in this paper is to show how these resonances appear in photon-stimulated desorption (PSD) experiments [B, 91. We conclude that resonant PSD is an effective monitor of surface 4f level occupancy: it not only shows that the desorbed ion (in our case H+) bonds to a given rare earth atom but also gives the atom's valency. For the problems of cerium and erbium oxidation we have previously shown that the erbium oxidation proceeds with a 3+ valency surface and bulk [l], while cerium may have (under certain oxidation conditions) a 3 + surface layer with subsurface layers of 4 + valency [Z]. *Paper presented at the Sixteenth Rare Earth Research Conference, The Florida State University, Tallahassee, FL, U.S.A., April l&%21,1983. 0022.5088/83/$3.00
0 Elsevier Sequoia/Printed
in The Netherlands
2. Experiments The PSD experiments were carried out using beam line I-l (4") at the Stanford Synchrotron Radiation Laboratory which covers photon energies of 64-800 eV. The PSD ion measurement apparatus has been described elsewhere [S, 91. The total photoelectron yield (PEY) was measured using a spiraltron whose front end was biased positive. This PEY is used because it should be proportional to the bulk SXA. Both PSD and PEY measurements were normalized to the incident photon flux which was continuously monitored. For this study we prepared oxide samples starting from the powder oxides of praseodymium, samarium, erbium, thulium and ytterbium. These were mixed in a methanol slurry and deposited onto a tantalum film. For samarium we used a foil which was exposed to air to produce a thick oxide layer. The possibility that photoemitted electrons (mainly composed of inelastic electrons) themselves cause desorption processes as they cross the surface cannot be ruled out a priori. This mechanism would cause desorption yields of all ions to be identical and the desorption spectrum merely to reflect the absorption of photons deep inside the bulk of the material studied. We tested this possibility experimentally as follows. First we measured the total current escaping from the sample when no field was present. This current turned out to be (given reasonable cross section estimates) insufficient to cause the desorption signals observed unless the negative bias voltage (usually about - 700 V) used for measuring the positive ions deflected the electrons and caused a multiplicative effect on the current (by a factor of about 1000). If such were the case, lowering the bias voltage to about - 50 V would allow most of the electrons to escape and would reduce the ion yields. We observed an ion yield at about - 50 V which was within 10% of that at higher voltages.
3. Results of photon-stimulated
desorption experiments
The SXAs of various lanthanides were measured for photon energies around the 4d threshold. The peaks observed are due to transitions of the type (4d)'O(4f)"%
(4d)9(4f)"+ l
The multiplicity of peaks is the result of large spin-orbit splittings due to the exchange interactions between the 4f electrons themselves and between the 4f electrons and the 4d hole [lo]. The peak energies and intensities were calculated for many of the lanthanides using intermediate coupling and show that the number of peaks and their splittings are a strong function of the assumed 4f shell occupation (and perhaps valency) [lo]. The best example of this change in absorption with valency is afforded by the SXA of cerium [ll] which can exist as CeO, ((4f)') or as cerium metal and Ce,O, ((4f)'). A large change in the SXA spectrum on going from CeO, to cerium metal is evident both in the number of peaks and in their energy splittings. The SXA of CeO, ((4f)O) differs less from that of La,O, ((4f)') than from that of cerium metal. All rare earths with the
same 4f occupation show similar SXA spectra [11-131. Thus SXA is an efficient technique for monitoring bulk rare earth chemistry. PSD spectra show the same resonances for praseodymium, samarium, erbium, thulium and ytterbium oxides, and therefore PSD probes rare earth surface chemistry in much the same way as SXA probes bulk rare earth chemistry. Previous work [2] has shown that the PSD H+ ion yield spectra from cerium oxides have features reminiscent of the SXA spectrum of cerium (in the loo-113 eV photon energy range) where H+ appears on the surface via segregation from the bulk. The PSD H+ ion yield spectrum after exposure to 750 langmuirs of oxygen at 300 K and subsequent heating to approximately 475 K is virtually identical with the SXA spectrum for cerium metal ((4f)') [ll]. If the surface is oxidized without heating, a new peak shows up in the PSD H+ ion yield in the region of the dominant SXA peak in CeO, ((4f)O) at 108.7 eV. The conclusion of Koel et al. [2] is that oxygen is being transported to the metaloxide interface resulting in a reduction of the surface to predominantly Ce,O,. Even at room temperature the surface has a mixture of 3 + and 4 + cerium atoms. Such a strong surface effect was not observed for erbium oxidation [l], presumably because erbium is not an efficient ionic conductor [14]. Figure 1 shows the SXA of oxidized thulium [13] and the PEY and PSD of H+ ions. All three curves exhibit three peaks of similar intensity ratios and energy spacings. This agreement shows that the initial process which leads to H' desorption at the surface and electron emission from the bulk is photon absorption by thulium atoms in a 3 + state. Specifically, H+ ions at the surface are bonded to thulium atoms in a (4f)12 configuration. Small disagreements in the peak intensities and peak energies can probably be traced to variations in the photon energy resolution and to problems in monochromator calibration which in our case only amount to an error of 0.5 eV. A third possible cause for
176 PHOTON
t~tR0v
166 (ev)
Fig. 1. Comparison of the PSD H + ion yield, the PEY from Tm,O, and the SXA of thulium oxide from ref. 13. These are typical absorption spectra of (4f)" compounds.
shifts in the energy is shifts in the surface core level. Indeed, our peak energy of 171.1 eV for thulium differs by at most 0.5 eV from those reported using SXA spectroscopy (171.6,174.5 and 178.5 eV) [13]. Comparison of Tm,O, spectra with those of Yb,O, and Er,O, (Fig. 2) shows that neither a (4f)' ' nor a (4f)' 3 configuration is possible for the thulium surface. As in the case of thulium, the spectra for erbium and ytterbium show
PHOTON ENEROY teV) .. :
120 (a)
170 WOTON
ENEROY
(et')
.* . ..-.. *...*
PED:Id**'
., *.
PHOTON ENEROY (ev)
105 (c)
110 PNOTON ENEROY (eV)
.** . ..
. *. ..
Fig. 2. The PEY and PSD H' ion spectra of (a) Er,O, and (b) Yb,O,. Fig. 3. The PEY and PSD H' ion spectra of (a) Pr,O,, PEY of Pr,O, and Sm,O,.
(b) Sm,O,
and (c) pre-edge structures in the
excellent agreement between PSD and PEY which implies the same valency in the surface as in the bulk ((4f)" for erbium and (4f)13 for ytterbium). The peak energies for erbium occur at 163.0,164.8,167.0,170.7 and 174.2 eV and are only slightly shifted from those reported using SXA. For erbium we also observe a sharp edge (0.5 eV total width) at 162.8 eV. The ytterbium spectrum shows a main peak at 180.6 eV with a small peak at 172.4 eV. The SXA spectrum of ytterbium shows peaks at 179.6 eV and a peak slightly larger than ours at 171.3 eV. Figure 3 shows the PEY and PSD of H ' ions from praseodymium and samarium oxides. These spectra differ from those previously shown in that small pre-edge resonances can be observed. These resonances are expanded in Fig. 3(c) and occur at photon energies of 147-132 eV in samarium and 106-120 eV in praseodymium. The pre-edge structure is an excellent indicator of the valency of the rare earth atom being probed. The low ion signal in our PSD experiments did not allow comparison of the pre-edge structure with that observed in PEY, although the PEY agrees well with SXA experiments [ll, 131. For praseodymium we find pre-edge structures at 106.2,107.2,108.1,108.4,109.7,110.2,110.6, 111.1, 112.4, 113.6, 114.9, 115.3, 116.1, 116.7, 116.9, 117.5 and 118.5 eV and large peaks at 123.6 and 131.0 eV. In view of our good photon energy resolution (about 0.12 eV) we are the first to show some of these structures (see Fig. 3(c)). For samarium we find pre-edge structures at 126.1,127.1,127.6,128.6,129.9,130.5 and 131.7 eV and large peaks at 136.7, 140.0 and 147.9 eV which have shoulders at 133.0,133.4,135.0 and 136.7 eV. Again, agreement between PSD and PEY show similar oxidation states in the surface and in the bulk for samarium and praseodymium oxides.
4. Conclusion We have shown the usefulness of comparisons between PSD, PEY and SXA spectra to gain chemical insight into specific local hydrogen bonds. This study demonstrates that, in contrast with cerium oxides, the oxides of praseodymium, samarium, erbium, thulium and ytterbium have the same surface and bulk valency. We observe significant H+ ion yields from the surface whose spectral dependence gives the 4f occupancy of the rare earth atom to which they were bonded.
Acknowledgments We wish to acknowledge useful discussions with B. E. Koel and M. L. Knotek and the technical assistance of J. M. Borders. Experiments were conducted at the Stanford Synchrotron Radiation Laboratory which is supported by NSF Grant DMR-77-27489. This work was supported by the U.S. Department of Energy at Sandia National Laboratories under Contract DEAC04-76DP-00789.
M. L. Knotek, R. H. Stulen, B. E. Koel and C. C. Parks, J. VW. Sci. 1145. B. E. Koel, G. M. Loubriel, M. L. Knotek, R. H. Stulen, R. A. Rosenberg and C. C. Parks, Phys. Rev. B, 25(1982) 5551. A. Zangwill and P. Soven, Phys. Rev. Lett., 45 (1980) 204. J. W. Allen, L. I. Johansson, I. Lindau and S. B. Hagstrom, Phys. Rev. B, 21(1980) 1335. D. Chopra, G. Martin, H. Naraghi and L. Martinez, J. Vuc. Sci. Technol., 18(1981) 44. W. Gudat and C. Kunz, Phys. Rev. Lett., 29 (1972) 169. H. W. Wolff, R. Bruhn, K. Radler and B. Sonntag, Phys. Lett. A, 59 (1976) 67. M. L. Knotek, V. 0. Jones and V. Rehn, Phys. Rev. Lett., 43(1979) 300; Surf. Sci., 102 (1981) 566. M. L. Knotek, Surf. Sci., 91(1980) L17; lOl(l980) 334. M. L. Knotek and P. J. Feibelman, Phys. Rev. Lett., 40 (1978) 964. R. Haensel, P. Rasbe and B. Sonntag, Solid State Commun., 8 (1970) 1845. J. Sugar, Phys. Rev. B, 5(1972) 1785; Phys. Rev. A, 6(1972) 1764. E. A. Stewardson and J. E. Wilson, Proc. Phys. Sot., London, Sect. A, 69 (1956) 7. V. A. Fomichev, T. M. Zimkina, S. A. Bribovskii and I. I. Zhukova, Sov. Phys.-Solid State, 9(1967) 1163. G. D. Mahan and W. L. Roth (eds.), Superionic Conductors, Plenum, New York, 1976. G. Loubriel,
Technol. A, l(l983)
Report "Photon-stimulated desorption from rare earth oxides"


This guide is aimed primarily at people who have never bet on sports before, and know very little about what's involved. It contains all the information needed to get started, with everything explained in a manner that's very easy to follow. Even those who already have some experience of betting on sports may find the guide useful, as it's very comprehensive with a lot of helpful advice.
There are a few different parts to this guide. The first part features a number of articles that are all about the basics of sports betting. These cover topics such as the mechanics of sports betting, how to place wagers, and the roles of probability and odds. The next part contains some advice for when you first start betting, and includes some useful resources for beginners. There's a glossary of sports betting terms, and an FAQ. Finally, there's a collection of articles explaining all about the various types of bets and the different forms of betting.
Everything that's included in this beginner's guide to sports betting is listed below. If you're a complete novice then we'd recommend reading through everything in order, but you can skip to anything that is of particular interest if you prefer. Also on this page is some additional information about some other sports betting sections on our website. These are useful if you want to expand your knowledge and improve your betting skills, and there's some advice for betting online as well.
Sports betting is one of the more popular forms of gambling, because it offers a few advantages over many of the alternatives. In this article we look at its benefits when compared to playing casino games or playing poker, and also some of the other reasons why you might want to try betting on sports.
Before you should even consider risking your own money, you should really understand the basic mechanics of how sports betting works. This article will teach you exactly what you need to know in order to start betting your money, including the three main components that make up a sports wager.
Once you know how sports betting works, you can then think about placing some bets. In this article we explain what's involved in the process, and the various methods you can use. Telephone betting, bookmaker shops, casino sportsbooks, and online gambling sites are all covered.
Odds are an integral part of sports betting, so you really need to understand them. This article does exactly that by explaining what they are and how they work, as well as also looking at their different formats. There is a guide to the math involved in calculating potential payouts when figuring out your returns.
Bookmakers don't just make money by accident. They use specific techniques to ensure that they (usually at least) make a profit from every betting market that they offer. You need to be aware of these techniques, as they are the reason why bookmakers have the advantage over their customers.
The concept of value and how it relates to probability is vital knowledge if you are to stand any chance of success when betting on sports. This article explains what you need to know in detail, and will give you a fundamental understanding of what it takes to identify good betting opportunities.
The next two articles contain tips for what to do, and what not to do, when you first start betting. You should follow the advice featured in these articles from the moment you start betting. It will help you get into good habits, and greatly improve your chances of making money in the long run.
There is little point in trying to become an expert on sports betting as soon as you start out. It can be hard enough trying to understand how everything works. As a beginner, it's important to focus primarily on just the basics. There are a few simple tips that are worth following though, and we've listed them all in this article.
It's natural to make mistakes as a beginner to sports betting, and you shouldn't worry too much if you do. They are part of the learning process. With that being said, there are a few common mistakes that are actually relatively easy to avoid. This article provides some advice on how not to fall into the same traps that so many beginners do.
We've also provided two additional resources which contain very useful information for beginners.
There are several questions that we hear all the time from sports betting beginners looking for advice on getting started. We've compiled a list of the most common ones, and provided detailed answers to them in our FAQ. The following are some examples of the questions we answer.
The answers to these questions, and more, can all be found on the following page.
There are times when it can feel like sports betting has its own language, and this can make things very confusing for a beginner. Our comprehensive glossary can clear up any confusion, as it explains all the jargon and technical terms you are likely to encounter when betting on sports.
It's not necessary to learn all the words and phrases contained in this glossary at this stage, but you might want to bookmark it to refer to any time you come across a term you don't understand.
The following articles will teach you all about the different wagers you can place on sports events. You probably won't want to use all of these when you first start betting, but it's still advisable to understand all the available options and how they work.
The first of these articles contains a brief overview of each type of bet, and you should read this one as a minimum. The rest of the articles explain each bet in more detail, with working examples. You can read them now, or refer to them at a later date when you are ready to start experimenting with different wagers.
For some reason, a lot of people seem to think that betting on sports makes watching them less enjoyable. This is perhaps because they are under the impression that it means taking things too seriously, and worrying about things like statistics and form rather than simply relaxing and watching a game.
Let us assure you that this is nonsense. You certainly can choose to take your betting seriously, and it may affect the way that you watch sports events, but it really doesn't take the fun out of things. It's quite the opposite in fact. In our view at least, placing wagers on events makes watching them even more enjoyable. It adds to the excitement, as it means there's always something or someone to cheer for.
It's not essential to learn all about the strategy involved in sports betting, and indeed the vast majority of people who bet don't. They simply enjoy putting their sports knowledge to the test, and giving themselves the opportunity to win some money. We do recommend learning at least the basics of what to do, but they are all that's needed if you just want to have some fun and place the occasional wagers on your favorite sports.
As fun as sports betting can be, it's important to recognize the fact that it does involve risk. It doesn't matter how much you know about sports, you're never going to be able to predict the outcome of events with 100% accuracy. Even if you mostly back big favorites, there's still going to be the occasional upset where things don't turn out as expected.
Risk is a part of any form of gambling, so don't let this put you off betting on sports. It's just that you need to be prepared for the possibility of losing money. Most people do lose money overall, and there's a good chance that you will too. This is why you must gamble responsibly. You should set a budget to bet with, and only ever use money that you can afford to lose.
Even though most people lose money through sports betting, this doesn't mean that you have to. The bookmakers do have an advantage because they set the odds, but their advantage is not impossible to overcome. It's not like playing casino games where there is a house edge that cannot be beaten. There's still some luck involved of course, but there is no reason at all why you can't take from the bookmakers if you know what you're doing.
If you plan on taking your betting seriously, and are aiming to make consistent profits, then you need to go a step or two further than just understanding the basics. Success takes hard work and commitment, and there's a lot to learn, but with enough knowledge and the right approach you can be a winner. The following two sections of our sports betting guide can help you to achieve your goals.
The information in this beginner's guide is all relevant regardless of how you actually choose to place your bets. The advice it contains applies regardless of whether you bet over the phone, in a bookmakers shop, or with a casino sportsbook. Seeing as the most popular way to bet these days is over the internet, however, we've also produced a section dedicated to betting online. Check out our page that discusses both methods.
This section covers each of the following topics, and also includes a step by step guide to joining a sports betting site and placing wagers.
Additionally, and perhaps most importantly, we also recommend the top sports betting sites in several different categories. We'll help you to find the very best sites that are the most suitable for any personal preferences or requirements you may have. Each one of our recommendations is reliable and trustworthy, so you can be sure of a safe betting experience.


A few weeks ago I was asked by a customer how I managed to completely survive off of my craft. It is something that I still am in shock about. I dreamed about it for so long and never thought id be able to pull it off. I remember always reading the "quit my day job" interviews. I always found them so inspiring and helpful. Still do! I really had nobody around me who was selling on Etsy so I sorta dove in and it took me awhile to figure it all out. I started my Etsy account in May 2011, but before that I had been selling my goods at our local farmers market for 2 summers prior. Which was a really helpful experience. I learned so much from my customers and each week I challenged myself to bring new items and designs to the table. I miss interacting with my customers on a more personal level but selling on Etsy has allowed me to sell my bags allover the world and country. It feels really good and exciting to have such a diverse customer base. Etsy has been such an amazing site for me and so many others. Allowing people all over the globe to work for themselves and create the daily schedule they need. It has been 8 months since I quit my day job and have not looked back since. Thats not to say I have not freaked out a few times and asked myself "what I was doing?" but for now I have found a sweet rhythm.


text:
// Copyright 2016 Google Inc.
//
// Licensed under the Apache License, Version 2.0 (the "License");
// you may not use this file except in compliance with the License.
// You may obtain a copy of the License at
//
//      http://www.apache.org/licenses/LICENSE-2.0
//
// Unless required by applicable law or agreed to in writing, software
// distributed under the License is distributed on an "AS IS" BASIS,
// WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
// See the License for the specific language governing permissions and
// limitations under the License.
//
////////////////////////////////////////////////////////////////////////////////
package tiger;

import com.google.common.base.MoreObjects;
import com.google.common.base.Objects;
import com.google.common.base.Preconditions;

import dagger.Provides.Type;

import java.util.HashSet;
import java.util.Set;

import javax.annotation.Nullable;
import javax.lang.model.element.ExecutableElement;
import javax.lang.model.element.TypeElement;

/**
 * Stores dependency information, which is collected from either modules or ctor injected classes.
 */
public class NewDependencyInfo {
  private final NewBindingKey dependant;
  /**
   * A dependency is a {@link NewBindingKey} which includes the type and the
   * qualifier annotation.
   */
  private final Set<NewBindingKey> dependencies;
  /** The class that provides this dependency, either a module or a ctor injected class. */
  private final TypeElement sourceClassElement;
  @Nullable private final ExecutableElement provisionMethodElement;
  /** Dagger biding type. */
  private final Type type;

  /**
   * Constructs a {@link NewDependencyInfo} from the given parameters.
   */
  public NewDependencyInfo(
      NewBindingKey dependant,
      Set<NewBindingKey> dependencies,
      TypeElement sourceClassElement,
      Type type) {
    this(dependant, dependencies, sourceClassElement, null, type);
  }

  /**
   * Constructs a {@link NewDependencyInfo} from the given parameters.
   */
  public NewDependencyInfo(
      NewBindingKey dependant,
      Set<NewBindingKey> dependencies,
      TypeElement sourceClassElement,
      @Nullable ExecutableElement provisionMethodElement,
      Type type) {
    this.dependant = dependant;
    this.dependencies = new HashSet<>(dependencies);
    this.sourceClassElement = Preconditions.checkNotNull(sourceClassElement);
    this.provisionMethodElement = provisionMethodElement;
    this.type = type;
  }

  public NewBindingKey getDependant() {
    return dependant;
  }

  public Set<NewBindingKey> getDependencies() {
    return dependencies;
  }

  public TypeElement getSourceClassElement() {
    return sourceClassElement;
  }

  @Nullable
  public ExecutableElement getProvisionMethodElement() {
    return provisionMethodElement;
  }

  public Type getType() {
    return type;
  }

  @Override
  public String toString() {
    return MoreObjects.toStringHelper(this)
        .add("dependant", dependant)
        .add("dependencies", dependencies)
        .add("sourceClassElement", sourceClassElement)
        .add("provisionMethodElement", provisionMethodElement)
        .add("type", type)
        .toString();
  }

  @Override
  public int hashCode() {
    return Objects.hashCode(dependencies, sourceClassElement, provisionMethodElement, type);
  }

  @Override
  public boolean equals(Object object) {
    if (this == object) {
      return true;
    }
    if (!(object instanceof NewDependencyInfo)) {
      return false;
    }
    NewDependencyInfo that = (NewDependencyInfo) object;
    return getDependant().equals(that.getDependant())
        && Objects.equal(getDependencies(), that.getDependencies())
        && Objects.equal(this.getSourceClassElement(), that.getSourceClassElement())
        && Objects.equal(this.getProvisionMethodElement(), that.getProvisionMethodElement())
        && this.getType().equals(that.getType());
  }

  public boolean isUnique() {
    return type.equals(Type.UNIQUE);
  }

  public boolean isSet() {
    return type.equals(Type.SET) || type.equals(Type.SET_VALUES);
  }

  private boolean isMap() {
    return type.equals(Type.MAP);
  }

  public boolean isMultiBinding() {
    return isSet() || isMap();
  }
}


Can I CONVERT Properties on a form already created from Options to Check Box?
Can I CONVERT a form's Properties FROM Options to CHECK box, without re-typing it all under Check Box?
It is not possible to switch from radio button to checkbox, however, there is an easy way to create a new checkbox with the same options.
Click on the Options button on the toolbar and copy the list from the textarea. Then you can paste it to the textarea for the checkbox options.


Google's Pixel 3 succeeds last year's Pixel 2 phone. It will be available in two sizes, including a 5.5-inch standard model and a 6.3-inch XL model.
Google claims the front speakers are 40 percent louder than last year, and that the new plastic OLED screen is the best Google has used in a phone. CNBC's Todd Haselton gets a first look at the new phones at the Made by Google event in New York City.
Google announced the Pixel 3 and Pixel 3 XL on October 9, 2018. The devices run Android 9.0 Pie, which is the ninth major update and the 16th version of the Android operating system..
Display: 5.5-inch OLED, 2160×1080 pixel resolution (18:9) (Pixel 3); 6.3-inch OLED, 2960×1440 (18.5:9) pixel resolution (Pixel 3 XL); both displays have Corning Gorilla Glass 5.


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Constructing Singapore: Elitism, Ethnicity and the Nation-Building Project
Cultural studies, Education, History, Politics
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Michael D. Barr & Zlatko Skrbiš
Constructing Singapore studies Singaporean nation-building by focusing on two processes: elite formation and elite selection. It gives primary attention to the role that ethno-racial ascription plays in these processes, but also considers the input of personal connections, personal power, class and gender. It is a study of the progress of Singapore's state-sponsored nation-building project to its current state whereby a Singaporean version of Chinese ethno-nationalism has overwhelmed the discourse on national and Singaporean identity. Based upon archival research and formal interviews, this study unpacks the culture of elite governance in
Lee Hsien Loong's Singapore today.
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