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Cuozzo, Phony IPR Statistics and the Death of the American Inventor
Paul Morinville
June 26, 2016, 09:15 AM 59
Many articles on the Supreme Court's decision on Cuozzo Speed Technologies, LLC v. Lee suggest that the tech industry won and the pharmaceutical industry lost. I think positioning it in this context is a lie.
I won't go into the bizarre nature of how two distinct and opposite legal procedures of invalidating the same property right have been created in the America Invents Act, and now upheld by the Supreme Court, except to provide a backdrop. Inter partes review (IPR) is the wagging tail of a political dog. It is performed in an administrative court where judges are beholden to the political whims of whoever happens to be President.
Currently, it radically favors large multinational infringers by shifting the burden to the party least able to withstand that burden. Initially, IPR's left fewer than 5% of claims unscathed and those in the industry are openly talking about the duplicitous nature of the PTO selling patent rights and also selling the rights to take out patents. To see an example of the destructive nature of an IPR in action, see Popular Mechanic's recent article explaining how the patent system became so screwed up.
While the Patent Office likes to tout statistics that claim most patent claims challenged in IPR are not invalidated, those statistics are viewed as bogus within the industry. They do not take into account claims patent owners simply give up on because it is too expensive to fight, and they ignore the reality that once an IPR is actually instituted virtually no claims are actually adjudicated to be patentable.
From USPTO Power Point showing IPR statistics. Data as of May 31, 2016.
For example, the USPTO and those who say IPR isn't bad seem to like to use this graphic shown to the right (see slide 13). The red shows the number of claims found unpatentable in a final written IPR decision, the orange shows the number of claims canceled or disclaimed by the patent owner and the green, which is overwhelmingly the smallest number of claims, are the claims actually adjudicated to be patentable by the Patent Trial and Appeal Board (PTAB). The Office conveniently includes the purple chunk of claims and refers to them as "claims remaining patentable and not subject to a final written decision." The Office can do this because the PTAB doesn't have to issue decisions that address all claims they agree to consider. Technically those claims remain patentable, but those claims have NOT been determined to be patentable by the PTAB in an IPR. The PTAB simply ignored those claims when they wrote their final IPR decision. Hardly a ringing endorsement of the continued viability of those claims moving forward, and rather disingenuous to rely on those ignored claims to suggest IPR outcomes are not devastating to patent owners.
Any way you cut it, IPR kill rates are devastating and the cost is high. That means most contingent fee attorneys have left the patent business altogether leaving a huge swath of unenforceable patents. In effect, IPR's transfer the property rights of the small inventors to large international corporations free of charge. There are few things more anti-American than taking the toils of the poor and giving it to rich international corporations.
If you think I'm exaggerating, here is an actual email sent this week from an independent inventor to his marketing consultant:
I would like to cease any further contact & prospecting regarding my XXXXX design.
After careful consideration, review and thought, my current belief is that the USPTO has become a shopping mall for big business to take, without penalty, private inventors intellectual property. The Patent Office has so weakened protective laws that getting a patent may no longer make sense for people like me. That's my conclusion, anyway. The last thing I want to do is hand my idea to someone who could out spend me in a rigged court process for the next 10 years where I would probably lose – it's just not a reasonable plan anymore. Not trying to be negative, just realistic. It is what it is.
He is pulling his invention off the market. He is cutting his losses. This anti-American, anti-innovation America Invents Act is killing small inventors. That is just a fact. Congress and the Supreme Court believe that a cartoon character is killing innovation. They cannot be more wrong. They themselves are killing innovation.
But back to my point. The battle of Cuozzo, and patent reform in general, is not between the tech industry and the pharmaceutical industry. The battle was started by wealthy multinational tech companies led by Google who, by using their huge market and deep pockets, massively commercialize technology they did not invent to take control of emerging multi-billion dollar markets. Once a tech market is taken, it is nearly impossible to unseat the incumbent, unless, of course, you have a patent and that patent can be defended. So these huge companies bought Congress to create law that destroyed hundreds of years of patent law repositioning it against the very people who invent most of the new technologies we all use, small tech startups and inventors. Congress and the Supreme Court have now ensured that the big stay big and the small do not disrupt their highly profitable cabal with the nuisance of patent rights.
If you have any questions about who is fighting who, just look at the who's who of Big Tech and large multinational corporations signed up on this amicus brief against Cuozzo. The list includes Google, LinkedIn, eBay, Dell, Cisco, Cannon, Toyota, JC Penny, and many other multibillion-dollar international corporations. It also includes lobbying organizations like the Internet Association, the Alliance of Automobile Manufacturers, and the National Retail Federation whose combined members make up most of the Fortune 500. There are many others, mostly international tech companies. I challenge you to identify one that is not a large corporation with an international scope.
Compare that list to the small startups and inventors who signed this amicus brief supporting Cuozzo, himself a bright young 19 year old when he invented the patent in question. These amici are inventors, inventor clubs and startups. They are the people out in their garages toiling, tooling and transforming their big idea into the next big invention. They do this in hope of achieving their version of the American Dream to invent something new that people can enjoy and so they can profit for their efforts. They are your local auto mechanic, schoolteacher, mother, entrepreneur, geek and just about any other regular American you might see on Main Street in any normal American town. They are the little people.
This battle is not tech against pharma. It is big and powerful multinational corporations led by Google against small inventors and startups. Pharma is the odd man out and stuck in the fight for other reasons made possible by IPRs, like an emerging hedge fund industry making millions from short selling their stock and then challenging their patents to an IPR in an effort to crash the stock price and collect on the short sale.
The battle of Cuozzo and the war of patent reform is big against small. Corporate oligarchs in bed with politicians against Joe the mechanic. Cronyism against our Republic. International corporatism against the American Dream and the American story. Unfortunately, this Cuozzo battle is lost, but the larger war must be won lest we lose our innovation economy and the American Dream.
UPDATED Sunday, June 26, 2016, at 4:56pm ET to clarify that the PTAB initially was leaving fewer than 5% of claims unscathed in IPR.
Paul Morinville Paul Morinville is the Founder and former President of US Inventor, Inc., which is an inventor organization in Washington D.C. that advocates strong patent protection for inventors and startups. Paul [...see more]
And as to reexaminations, well, the differences have also been pointed out to you, so your attempt here and now to equate what happens with the AIA is fallacious at best.
Mr Morgan @ 53
Your "don't talk" cheerleader routine (as witness the plea of "I understand why IPR is unpopular, but hyperbole and personal blog opinions about constitutional law is not going to cure it." is beyond the pale.
The purpose of these types of blogs is to show the infirmities in the law as written, to explore with critical thinking. What exactly do you mean by "cure"…? Oh wait, I had forgotten, you are not comfortable expressing your thoughts on such matters.
I "get" that you do not want the IPR system changed let alone dismantled. But you need to come to grips that people who are actually employing critical thinking ARE talking about the constitutional infirmities.
But just because you may find the rigor of critical thinking unpleasant to your desired ends does not mean that you should be encouraging people to NOT engage in such conversations.
That is not a "cure" that you seek.
Robert, the inventor has every incentive to protect his invention with a valid patent, and it is only protectable to extent its claims define over the prior art.
But it also seems that the patent profession wants to protect inventions in a manner that others cannot even achieve the same result by different means or methods. This leads to very broad claims that naturally read on a lot of prior art.
The inherent conflict between scope and prior art is part of the problem here. Perhaps inventors would be happier with less scope if their patents could be more easily enforced. But once broad claims are issued, the inventor may not know the trouble he is really in and may prematurely begin counting his millions.
Ron, you are absolutely right — and to the extent the reexamination and IPR are conducted as a "do-over" by the PTO of its original examination (to correct mistakes) instead of a formal validity trial with Article III judges, a clear and convincing standard of proof, and with a trial by jury as guaranteed to the English by the Magna Carta and to Americans by the Seventh Amendment, then we agree. Stripping a patent owner of his patent after disclosure of the invention places that invention into the public domain without the patentee's consent.
Why is it just the PTO? Doesn't the patent holder have an interest in assuring to the best of their ability the validity of their patent? In the case that Patent Investor @25 brings up the patent holder did not even evaluate the art they submitted. Is that not their fault? The IPR petitioner evaluated the art the patent holder submitted and found invalidating art. The problem with prior art can not fall exclusively on the PTO.
Ron Katznelson
Ned,
I think you are missing an important point on takings when you claim that IPR reults in mere "revocation." As my explanation in the IEEE-USA Amicus Brief shows in detail, a cancellation of patent claims in IPR is not merely a "revocation" of patent rights – it also constiututes dedication to the public and the IPR petitioner, rights that they would otherwise not have for many years during the patent term. These are private rights which the government takes and dedicates to the petitioner and the public. There is no difference between this and eminent domain takings.
Paul F. Morgan
Re: "The taking happened when Obama signed the America Invents Act."
Actually, if an IPR is to be considered a "taking" it had already occurred for many years from long ago under a very different President by another highly bi-partisan Congressional vote – back when the first reexamination statutes were enacted and signed. Numerous patent claims have been invalidated in reexaminations on the same kind of prior art used in IPRs over all the many years since then.
I understand why IPR is unpopular, but hyperbole and personal blog opinions about constitutional law is not going to cure it.
Benny, If it is an issued patent, it has been already examined by the PTO and the PTO has ensured that it meets 102, 103 (subjective or not) and 112. That is the primary mission of the PTO and has been since the Patent Act of 1836.
You keep coming back to a failure within the PTO as the crux of your support for an IPR. If the problem is in the PTO, why not fix the PTO?
Paul, if I must assume the validity of an issued patent, regardless of whether or not it meets the requirements of 102 (103 is too subjective for me to argue) , then I must accept the tardiness of negligent government employees without question. I'm not happy with that. I'm not happy with the idea that you must accept the validity of a patent granted to me, protecting an invention which you earlier publicly disclosed, just because your publication didn't turn up in a brief search.
Mr. Heller,
Your "AFAIK" is deficient and is directly the point that I am making.
You keep on wanting to reach for more without realizing that no such reach is required (this does not mean that any argument that does reach more is necessarily incorrect – it DOES mean that accepting ONLY the longer reach "as being correct" IS incorrect.
Time for you to do more than accept that limitation.
anon, AFAIK, taking requires taking possession, using or restricting use.
Revoking title is not a taking in the abstract. But what is really happing is that the patent owner has disclosed his invention in exchange for exclusive rights, and then those rights are unilaterally abrogated by the granting authority for "mistake." This leaves the invention in the public domain.
The property one is losing is the exclusive knowledge and use of the invention. Before that is done, I think, one should have a right to a day in court and to a jury, both rights guaranteed to Englishmen/Americans since the Magna Carta.
Mr. Heller @29,
You attempt a difference without a distinction with your reply of "But the simple filing of an IPR is not a taking. It is the law itself that permits it that might be."
What exactly are you considering the "simple filing?"
Is the request TO the Office by the one seeking an IPR the "simple filing?" If so, then such is a strawman, as no one has made such an item any part of the discussion.
Or do you mean to say that the initiation decision is the "simple filing?" If so, then you are not correct in your conclusion concerning that matter because it is precisely at that point in time that the taking is effectuated.
Once again, I suggest that you brush up on your property and takings law. You may have a very real opportunity to make simple, direct, and very powerful point to the Supreme Court, but you really do need to be able to see what the "right question" to ask needs to be.
Here, I think you do take a step closer to understanding that the Office is not prime target, although they represent the branch of the government applying the taking, it is more so whether or not Congress can write a law concerning property that allows for such a taking at the point of initiation.
Other aspects of takings law to remind you of: improper remuneration for what is taken and lack of review of the government action.
This is why I stress the separate initiation point. It is at that point that the taking occurs, there is NO remuneration of any amount, and as the Supreme Court just reminded all of us: there is no review.
Paul, I believe that KSR was and perhaps still is a major problem — at least the way the PTAB applies it. Petitioners place two references side by side. They petition states that the two references discloses all the elements of the claims. Then the petition recites the magic words of KSR that the each reference is performing its predicted function in the combination — without actually providing any evidence of this. The result, the PTAB invalidates the claim.
But of course, all this does is sanction hindsight, using the claims to find art that discloses the elements to invalidate a claim. A simple procedure.
But the Feds have been insisting on more recently. They have been insisting that the petitioner also show a problem in the prior art that the invention solves. They also require showing that the way the inventor made the combination is disclosed or obvious — too often the PTAB sanctions reconstructions of a reference without regard to whether that reconstruction would render the reference inoperable for its intended function.
Hopefully, these recent Federal Circuit cases will help. Otherwise hindsight is the watchword of the PTAB.
Benny, I think based on your comment that we can agree that the evaluation of an invention against prior art is supposed to happen in the PTO prior to issuing the patent. The problem, that is discounted by the anti-inventor crowd, is that once a patent is issued is must be presumed valid and durable or I can't fund my company. Nobody invests in assets that are not known to be assets.
In order for the PTO to perform a solid job of evaluating a patent in light of the prior art, the definition of what is or isn't obvious in light of the prior art must remain fairly stable. Maybe our real problem is KSR?
I think that there is much more going on here than just that thought. Perhaps the real problem is the ungodly number of Google people playing musical chairs with the Obama administration and lobbying firms. Or the number of PTAB judges and CAFC judges with roots in Google and other anti-inventor sources. Perhaps the massive dollars flowing into Washington plays a role. But the system is certainly rigged to invalidate patents.
Benny, it would be interesting to see just how many IPRs are actually "tried" to a final decision where the invention is disclosed in one reference.
BTW, if the invention is disclosed in one reference, and that reference is shared with the patent owner and the patent owner still sues on the relevant claim, I think, under Octane Fitness, that the patent owner is going to have to pay the defendant's attorney fees. As a result, no rational patent owner asserts an patent he knows that is invalid.
Robert, filing an IDS with 1300 references is like not filing anything at all. But, since Rule 56 requires disclosure, and because for a long time, the Federal Circuit enforced Rule 56, applicant disclosed every reference that could possibly be related to the invention without more.
In my view, the PTO revise Rule 56 to clarify it does not require disclosure of any reference unless the applicant knows that the reference discloses the claimed invention or that is inconsistent with any argument or statement made in the specification or prosecution history.
Paul, you seem to disegard one important reason inventors file for patent protection. Rational managers, like good generals, choose their battles carefully, and will skirt around a market niche protected by a patent. The benefit to the inventor is real, though it doesn't appear in the accounts. Not every fool chooses to run headfirst into litigation.
If novelty destroying prior art is presented in an IPR, then by the definition the patent should not have been granted. In this case it is the PTO at fault, not the IPR.
Jeff Sheldon "The discussion ignores the cause of this. The trolls." Please define what a "troll" is. To rational observers, it is a cartoon character created by Intel for the express purpose of villianizing inventors. It has become the central cartoon character in the Google led lobby's fictional story used to pass legislation that killed American inventors, which also has been effective at keeping the members of the Google lobby on top of the market by eliminating all competition from new upstarts. Currently, the term is commonly used by those who wish to avoid any real analysis of the facts. Please help me understand what your definition of this term is.
"My Clients have had to defend in Texas against clearly non-infringed patents." Asserting a clearly non-infringed patent is called frivolous litigation. Frivolous litigation is certainly a problem in the patent space like it is in all areas of law. I have personally been subjected to frivolous litigation by a potential investor who made up from the clear blue sky that I had entered into a partnership with him based on one phone call and he effectively owned 30% of my patents. That frivolous case cost me hundreds of thousands of dollars and three years on litigation in CT. I won, but not without a severe cost to me, my family and my company. I am all for ending frivolous litigation, but not at the expense of wiping out the patent system for those who invent the vast majority of our new technologies.
"The contingency attorneys not taking cases have brought this upon themselves." Attorney conduct is not a good reason to wipe out patent rights for small inventors. It is a reason to sanction attorneys.
"Particularly those demanding little settlements from small Mom and Pop enterprises." Many times the only way to show infringement is at the end user. From my experience, multinational corporations who sell technology that only infringes the full claim when it is in use by an end customer, refuse to license it from the inventor. As a result, the inventor is left with no options but to sue end users. In a case like this, is it wrong to defend patent rights?
"The article also ignores how an IPR allows a little company to take on a big company asserting an invalid patent. A strategy I have successfully used" First a patent is presumed valid in black letter law, so it is impossible to assert an invalid patent. That said, is your argument that the cost of litigation is too high for small companies to defend against a patent suit, so it is therefore justifiable to thrust all of the cost and risk onto the inventor, himself a small entity?
I agree that it is too high for a small company to defend against a patent suit. I also submit that it is too expensive for an inventor to defend a patent against an infringer. An IPR certainly helps that small company defend against a suit of infringement. But, it does much more than that. It makes it all but impossible for the inventor to defend his hard earned patent rights and is causing many inventors to bail from the patent system altogether. Which, is shown throughout history to have a very bad effect on economic growth and will harm your small clients in the end along with the rest of us.
You discount the importance of the people who invent the things upon which your small clients may or may not infringe. This one-sided thinking and the people who propel this argument have destroyed our economic job creation engine.
Responding to Patent Investor @30. I have now thought this though and can provide a better answer.
My contention is that prior at/searching is in general downplayed by the patent system. The problems with prior art manifests in both Cuozzo and the '697 (Larson, et al.) patent you brought up but in different ways.
Regarding '697 It is unreasonable to expect the examiner to search through 1300+ documents. If that were in paper it would constitute dozens of boxes. The examiner did her own search. It is not exactly clear to me what she did though. The record shows she search three times but there is only one "Examiner Search Strategy and Results" present in the file. She also claims to have searched class/subclass 709/223-227 which at the time had 56k documents but the one "Strategy and Results"present in the file does not evidence a classification based text search.
About the 1300+ documents supplied by the applicant, these were not provided by a professional searcher because that is contrary to what a searcher does. A searcher would look through the 1300+ documents looking for the handful that provide teachings that lend themselves to the invention.
The fact that the invalidating references used in the IPR were supplied by the applicant, strongly suggest (e.g. reading between the lines) that the applicant wasn't fully cognizant of the material they were supplying.
Since Apple filed the IPR based on art from the file it appears that they did pay someone to actually look through the art.
I am not pointing the finger at any one but only stating an observation. IPR's can only be brought based on prior art. Since IPR's are overturning a high number of patents, does that not at least suggest that there is a problem somewhere in the process. Prior art is in need of reform and the the IPR procedure is exposing this problem. There is no policy directed to prior art.
A search in Cuozzo would have cost maybe $750.00 and to review the 1300+ documents perhaps $2000.00. Not a big disbursement to justify the presumption of validity in either case.
Mr. Heller, if as you seem to want to do, you are going to discount the very things that I requoted you saying as not things affecting the aspects (sticks) of a granted property, on what basis then are you even complaining about these things in the first place?
The point here of my quoting you was to show that you are being disingenuous by attempting to both complain about something and then refusing to follow through on that "complaint," and recognize some very basic concepts in property and takings law.
You seem do not have the ability as an attorney to merely and only take those aspects of law that you "like," and ignore the rest as somehow (?) inconvenient for the position that you wish to advocate.
I mean, you sure can try to do that, but when others (such as myself) call you out for this less than complete treatment of the very necessary aspects of the law that you want to advocate upon, your unwillingness to engage and acknowledge, accept, and integrate these items into your ongoing advocacy efforts, you are acting in an irresponsible and quite likely unethical manner.
anon, I agree that laws and regulations can restrict use or provide for use by others so as to amount to a taking. But the simple filing of an IPR is not a taking. It is the law itself that permits it that might be. And why? Because of the lowered standard of proof, BRI and a PTAB that is hostile to patents.
Just the very existence of IPRs has made a large number of patents unenforceable. That in itself is a taking.
If a property right cannot be enforced, it is taken by whoever wants it. Behind every property right is the backing of the government and the reasonable expectation that the right will be upheld. That no longer exists for any patent. Nobody can have a reasonable expectation that any particular patent will survive an IPR.
The taking happened when Obama signed the America Invents Act.
I will again suggest that you review the law concerning takings.
Actual "use by" the government is simply not what the law is constrained to.
While takings can very well include eminent domain and "actual use," there is such a thing called legislative taking.
For someone who places such a great deal of importance on the "property" aspect of patents, your insistence on views that do not fully accompany the protections of such property is a bit mystifying.
Anon, I simply do not agree that the institution of the proceeding is a taking.
1st year property law taught me that property can be reduced to a bundle of rights. The difference between Anon's position and Ned's position can be boiled down to the following question (and answers thereto): "How many of those sticks (i.e., rights) must be removed from that bundle before it can be called a taking?" Anon's answer is that any removal with a substantive impact is a taking. Ned's answer is that the taking must involve the right of "exclusive use" of the property.
I am inclined to agree with Anon's answer. I think the "value" of property is highly correlated with the strength of the sticks in the bundle. If the value of the property is relatively unchanged because of the government action, then I think a taking has not occurred. Conversely, if the value of property is substantively changed as a result of a government action, then I think a taking has occurred.
In this instance, the institution of the IPR has stripped away the presumption of validity and instituted a more favorable claim construction for invalidity (that same claim construction being good for an infringement analysis but the IPR doesn't look at infringement). Basically, this puts the patent on par with an unissued patent application. Actually, it is worse because an applicant has the unfettered right to amend during prosecution — not the case in an IPR. Ask anybody who deals with patent valuation, and most will tell you that patents are worth considerably more than patent applications. As such, the mere institution of the IPR constitutes a substantial loss in valuation of the patent — hence, IMHO, a taking.
Jeff Sheldon
The article is unbalanced.
The discussion ignores the cause of this. The trolls. My Clients have had to defend in Texas against clearly non-infringed patents. The contingency attorneys not taking cases have brought this upon themselves. Particularly those demanding little settlements from small Mom and Pop enterprises.
The article also ignores how an IPR allows a little company to take on a big company asserting an invalid patent. A strategy I have successfully used
Anon, I simply do not agree that the institution of the proceeding is a taking. I think it taking involves the use by the government of the patented invention, not the revocation of the patent itself. I also think that use of the eminent domain power to require the patentee to license his patent at a fee that is not fair and just is not authorized by the takings clause (unless there has been some prior abuse by the patentee for which the reduced compensation is a remedy).
Repeated her for convenience, Mr. Heller @ 14 states:
"Paul, all one has to do is point to the reduced standard of proof and the use of broadest reasonable interpretation to know that IPRs are intended to be patent unfriendly. QED."
Tell me Mr. Heller, what exactly is wrong (if you can see anything wrong at all) with these aspects that you wish to "champion."
Are you finally willing to compare the aspects that make up the property that is a patent between two distinct points in a particular legal proceeding?
Since you have avoided – and strenuously so – any seeming understanding of basic property law, I have a very strong hunch that you will once again decline to make the simple observation – even as you lament certain (same) aspects that have been put to you.
I am very curious though as to why you so steadfastly refuse to engage this intellectual endeavor.
Benny, the vast majority of patents petitioned for an IPR are in litigation. You don't think that an infringer would pay $20K to immediately invalidate the patent for 3 to 5 years with virtually all of the cost during that period heaved on the inventor and an astronomical chance that the patent will be invalidated in the end?
To patent investor @30 I agree with curious @27 IPR's are a source of data that should be studied. There are a variety of questions that could be asked and data gathered.
Patent Investor
@29, Robert, you paint a pretty picture, "Do I think the applicant went through all those references and pointed out to the attorney which ones lent themselves to the subject matter. I doubt it." " I also don't think a professional search level search turned up all that art." "I suppose no one one actually reviewed all those references". You are arguing the negative without a shred of researching the subject. Defending against your argument requires doing the tons of research you pre-suppose out of the equation.
You seemed to have done a modicum of homework on Cuozzo, but you're generic, overly broad argument cannot stand without basis in fact.
Answering #24 patent investor, this patent 8504697 reflects a different prior art search problem.
The art used to overturn the patent was buried in the 1300 or so references the applicant submitted to support the application. Do I think the applicant went through all those references and pointed out to the attorney which ones lent themselves to the subject matter. I doubt it. I also don't think a professional search level search turned up all that art. The examiner did here own search and relied on references she found before rejecting the application 3 times.
18 pages of prior art is an indicator of a weak patent in my view. I suppose no one one actually reviewed all those references before Apple filed the IPR or the two references used by the Board would have been discussed during prosecution.
Pharmer
Re the idea that Cuozzo is bad for pharma. There already are two patent systems, one for pharma that involves the give-always under the Hatch-Waxman Act, and the system for the rest of the inventing world. Pharma also gets unbelievably huge benefits from the exclusivity conferred through regulatory affairs (FDA) activities, which is probably more important than the exclusivity gained through a patent. You got to hand it to them. Pharma has done an amazing job at protecting their interests over the years. Too amazing, in fact, which is why we are seeing widespread blow-back including in the form of potential legislation IRT the ridiculous pricing that's come around over the past several years.
To follow up on my last post, and a suggestion for an academic type (or somebody with a lot of time on their hand), I would love to see what types of companies are employing IPRs (i.e., those that petition for an IPR). Are IPRs helping the little guys against trolls? or are IPRs mainly being instituted by large corporations? I think this information would be very telling as to who is benefiting (or not) from IPRs.
Paul, the statistic concerning PTAB invalidations doesn't take into account the fact that no sensible person would initiate such an expensive procedure without solid evidence that the claims should not have been granted.
Any sensible person who has dealt with unreasonable rejections affirmed by the Board over the years would realize that all one needs (in today's anti-patent environment at the USPTO) is a couple of references that could be mushed together to disclose all of the claimed elements. As for a reason to combine, just rely on hindsight — the USPTO examining corp has done so for decades and that is usually good enough at the Board.
Also, when big is fighting little, big has every incentive in the world to initiate an expensive procedure. I know of small-time inventors that just cannot enforce their patents because everybody assumes that the patents will be thrown into IPR and nobody wants to (or is capable of) paying for it. Also, who wants to even fight that battle when the deck is stacked against you?
Even if you can find a contingency fee litigator that will step up to do the IPR, because of the leverage they possess (i.e., the only game in town), they are going to ask for (and get) the lion's share of any proceeds generated from the patent. The whole IPR process is a lose-lose-lose situation for small-time inventors (and that includes small business as well).
The alternative conclusion would be that USPTO examiners are infallible and perform very thorough prior art searches. We all know that just ain't so.
The USPTO examiners are not infallible. However, that is a problem that should be dealt with directly — not by putting every issued patent at risk with a flawed procedure biased against patentees and those without several hundred thousand spare dollars burning a hole in their pockets.
@20, Robert, here is a patent application number for which the claims are currently found unpatentable by the PTAB, 13/339,257. Feel free to look at its image file wrapper and find that it does not match your conclusion. Just a simple word search for "prior" on the image file wrapper page results in 1,329 hits.
Paul, the statistic concerning PTAB invalidations doesn't take into account the fact that no sensible person would initiate such an expensive procedure without solid evidence that the claims should not have been granted. The alternative conclusion would be that USPTO examiners are infallible and perform very thorough prior art searches. We all know that just ain't so.
NW, denied IPR petitions [lately higher] might account for nearly a third of the differences between the two "statistics," but the % of timely settled IPRs is not very high, and what other instituted IPRs do not have a final decision? Even if a party just gives up and stops participating in an IPR that does not prevent a final judgment. So I do not think that even nearly accounts for these alleged statistics differences between these two articles?
Excellent article! Truthful. Sad. The patent system has been rendered by large tech companies who can pay the prices charged by a corrupt political system. It is disgusting. Unless small entities band together and collaborate with resources, the battle is lost. We no longer have a functioning patent system. To obtain a patent, one must clear a preponderance standard, to institute the destruction thereof, you need only clear the idiotically low reasonable likelihood standard. Hence, you never escape "patent pending" status. Ever.
'While the Patent Office likes to tout statistics that claim most patent claims challenged in IPR are not invalidated, those statistics are viewed as bogus within the industry. They do not take into account claims patent owners simply give up on because it is too expensive to fight, and they ignore the reality that once an IPR is actually instituted virtually no claims are actually adjudicated to be patentable.'
We agree. All data provided by PTO management should be readily questioned and subjected to great scrutiny. Patent applications and issued patents for small entities have plummeted, especially in the last decade. That the PTO does not allow querying of their database and underlying data by the public to substantiate their claims should sound the alarm. Inventors simply no longer trust PTO management which has substantial ties to the large multinational repeat infringers that have hoaxed America and robbed us blind. China and other nations have been enriched at America's expense.
For our position and the changes we advocate to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at [email protected]
The Cuozzo patent was overturned for one reason. No one actually looked for prior art to substantiate the invention until the patent was asserted.
Mr. Cuozzo's representative did some kind of search, and judging from the art submitted with the application, only to convince the the hopeful inventor that there was no reason to not file an application. Stating that differently, the representative had a strong financial interest in not finding prior art so that they could charge young Mr. Cuozzo the cost of prosecuting an application.
The examiner found good art quickly in eight minutes (it's in the file history) and after the back and forth between the parties the patent issued. Examiners are not given the time to find art to a full body of art,and a fact.
The prior art submitted with the IPR was easily found.
So Mr. Cuozzo's presumption of validity stood on an eight minute search effort. Since the lack of a focused search early in the process is the reason the patent was overturned, I would like to know if the same dynamic is evident in the rest the patents with cancelled claims. I bet it is.
Patent searching needs to be reformed. The presumption of validity demands it.
Good questions Paul @18. Sounds like if you take 1/3 of the 43,762 out (not instituted), take out the claims where the parties settled, take out the claims where they didn't reach a final judgement, and you get like 11,000 claims of which 9,559 were invalidated.
Somebodies statistics must be misleading, because the other article nicely juxtaposed on this same blog claims that" "However, as of March 31, 2016, the PTO reports that in IPR proceedings—the most popular of the PTAB patent challenge proceedings—only 9,559 of 43,762 claims actually challenged (22%) were ultimately found unpatentable." They cannot be be right, which one is?
{Also, both articles seem to ignore that fact that the total number of IPR petitions filed per year is still much less than the total number of patent infringement suits filed per year. How come? }
Still seems to me is that we need to keep our eyes on the canary and publicize its death.
The other part of the equation on this is trade secret protection. I have inventors tell me that if there is anyway to work it so they can keep their invention secret that that is what they want. They say they would rather not disclose how to do their invention. We are getting close to a great screeching halt…
Another anti-patent organization that I didn't see you mention is the Electronic Freedom Foundation (EFF). You should see what bilge the EFF posts on IP Frontline which has unfortunately become a mouthpiece for them. The EFF wants everything electronic and digital to be available for free, especially software.
Your "rhetoric" wasn't too "fiery" to me but on point. The large multinational Goliaths have turned our patent system with the AIA (Abominable Inane Act) into a PR game that won't benefit innovation by the Davids. Our Judicial Mount Olympus is not simply clueless, but utterly anti-patent in the extreme, Breyer being the worst.
Kip and Paul,
One thing not mentioned involving all statistics on claims that survive PTAB scrutiny are a very large number of patents in the first several years that had IPRs filed against them even though the statute seemed to make it clear the IPRs would not be instituted. Apple, for example, filed petition after petition with the tenor of "WE ARE APPLE!!! and therefore the plain language of the statute does not apply to us". It did. Time barred requests, unlisted RPIs, improper joinders, etc. were all petitioned for and to a lesser extent still are. These "wing and a prayer" IPR petitions all count as IPRs that were not instituted as if they were denied on the merits. They were not, but they do make the stats look better for the PTO.
While I support (in spirit and with donations to Save The Inventor) the push back on the hijacking of the US patent system by Big Tech, it just not true that there are no longer contingency fee counsel willing to take on patent infringement cases.
While I believe (solely from my discussions with patent lawyers) that the number of lawyers taking on cases on a contingency fee basis has decreased due to the risks brought on by the AIA, the fact of the matter is that if you have a reasonably strong patent(s) (no glaring prior art issues and eight-figure damages), you can/will find contingency fee lawyers to represent you (e.g. McKool Smith, Susman Godfrey, among many others).
The AIA has wrought change to the contingency fee market by causing an increase in the rates charged by contingency fee counsel and significantly increasing the expenses associated with bringing a patent infringement lawsuit (read IPR expenses). The result of increased contingency fee rates and expenses is that the returns to inventors has been severely and negatively impacted.
That is the largely unseen and insidious problem brought about by the AIA: not only is it more likely your patent will get invalidated in an IPR but if you do get past those killing fields and finally secure a settlement/judgment, you'll get significantly less for your invention.
And isn't that just another way for Big Tech to further discourage inventors from protecting their inventions?
Kip, The numbers put out by the anti-inventor cabal, including the USPTO, set us the percentages in the way you are indicating. First they take the full claim count of all patents challenged. Then they take the claim count of the accepted IPR's as a percentage of the first claim count. Then they take the percentages of claims invalidated and compare them against the same starting claim count.
This is just lying via statistics because it does not take into consideration the real world.
In the real world, the vast majority of IPR challenged patents are in litigation first. This plays against your argument that only weak patents are IPR'd. Someone with deep knowledge and experience looked closely at the claims and made a reasonable decision about the likelihood of surviving a validity challenge both in a court and in an IPR. They have to consider the cost of litigating the patent and the risk of losing everything the put into it if even one claim dies in an IPR. This goes strongly against the argument that people are asserting weak patents.
Also in the real world, patent infringement can rest on ONE claim, and most infringement cases are made on just a few independent claims. Naturally, defendants do not select claims that would do nothing to stop an infringement case. No, they select only those that would neuter the infringement case against their specific product. This means that challenged claims are the most important claims for the patent holder and the case of infringement. A better argument is that the challenged claims are the heart of the invention and changing just one word in a just one claim can doom the infringement case. Certainly invalidating one claim can effectively invalidate the entire patent even though some claims are left standing.
Back to the numbers. Perhaps I worded the 3% number incorrectly. I should have said only 3% of patents where at least one claim is evaluated by the PTAB survive unscathed.
But the difference does not matter whether your analysis is correct or mine. The risk is so enormously high. No small inventor can enforce their patent rights. No investor who takes control of a patent because the invested company fails due to big tech massively commercializing the invention can reasonably defend those patent rights either.
A patent is now a very expensive line on a resume or plaque on a wall. There is no longer an real meaning to a patent for normal everyday Americas – the ones who gave the government the power to create patents for them for the purpose of starting their businesses. This is the greatest of American tragedies.
Inventor lives matter.
Repeat after me.
Invent ….
Also, I don't think the rhetoric of this article is too strong. Indeed the evidence is that the rhetoric is too weak. It may be that the number of claims invalidated is over stated, but the power and money pouring into the anti-patent movement is understated. Google is number in lobbying behind only Goldman Sachs.
Also, what is so bizarre is that what is happening is a lot like what happened in the financial industry. The old rules did a great job for 40-50 years and then suddenly they were evil. The software industry grew-up with patents and is 10 times better than any other software industry in the world. Yet now somehow it is evil and needs to be dismantled.
One thing: some of the NPEs that were targeted by all this legislation are doing fine while small inventors are not. There are good academic studies to show this. (Not law professors gone wild to try to get tenure with no ethical oversight or even review of their work.)
Paul, I'm not disputing your story about the death of the american business. I'm disputing your summary of statistics that portray the PTAB as killing all but "3%" of challenged claims. Last year, the PTAB did not grant petitions in 35% of petitions. That's a huge chunk, especially considering that petitions are filed by people who have chosen weak patents that they think they can invalidate (leaving undisturbed stronger patents that they can't build a case for). All of those claims are unscathed, but the reader wouldn't get that impression from your article.
Kip, Enforcing a patent is a game of risk. If you have the money to pay the ante, you get to play it. If you don't, you have to find others who will ante up for you.
There just flat are no contingency attorneys. There are no investors to pay for attorneys. If you are small, the courthouse doors are barred due to your financial position. For most inventors, that's a good thing because they will lose if they try.
Fiery rhetoric? It's just a plain fact that the patent system no longer works unless you are a large corporation. It is dead to inventors. That is not hypothesis or exaggeration. That is the death of innovation in America. Today, there are more companies going out of business than starting up since at least the Great Depression, but possibly since our founding and congressional and judicial messing with the patent system is a primary reason. PTABs are at the top of the list of those mistakes.
While it may be a fun intellectual exercise to ponder PTABs, in the meantime back in the real world of funding companies based on patented inventions, people are not pondering. They are walking away.
The fiery rhetoric in this post doesn't seem quite justified, after you factor in how many petitions are not granted by the PTO.
I agree that IPR is problematic for various public policy reasons (no jury right, no standing requirement, no presumption of validity, no Article III judge protections, etc.). But critics who hammer on IPR statistics without factoring in rejected petitions are not being fair.
The sad thing is too that Clinton is likely to become the president which may be better for the country as a whole, but for patents is it going to be terrible. My guess is that she will appoint another person like Sotomayer who is completely ignorant regarding science and cannot be counted on for even an elementary understanding of the physical world. Just ridiculous. But, this new justice (or three) are likely to very negative towards patents because of the corporate lobby, although we are lucky in that patents is only one of many issues on their agenda for the SCOTUS whereas they can really target new Fed. Cir. judges.
Anyway, Kagen doesn't seem to be as naive and frankly as arrogant as Sotomayer. So, will we get a Kagen where there is some hope as opposed to the Sotomayer's. Ginsburg is another complete joke.
You know, believe it or not, part of the problem is the Federal Reserve and their monetary policy. The reality is that companies have ready access to cash and are overflowing with money. (At the expense of about 90 percent of the rest of us.) But, this imbalance is related to patents as companies like Google say we don't need patents to get capital anymore.
This really is part of what is happening. (One other thing–corporations are notorious for believing they can innovate and in reality simply not being able to and ending up stealing small companies' work.)
A good example of "follow the money" to which I would add that that money has been changed through the likes of Citizens United to create the "voice" that has drowned out the smaller corporations and the (prior) advantage of disruptive innovation.
Patently Strategic Podcast: License to File Ty Davis & Josh Sloat

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Gemma Bovery (2015)
by Sara Michelle Fetters - July 3rd, 2015 - Film Festivals Movie Reviews
a SIFF 2015 review
Arterton Shines in Imaginatively Crafted Gemma Bovery
Martin Joubert (Fabrice Luchini) has taken up residence in a small provincial town and, with his wife Valérie's (Isabelle Candelier) blessing and assistance, become a well-respected baker. His literary passions are numerous, his infatuation with classic French literature, especially the works of Gustave Flaubert, legendary to the point of being comical, and as such he delights in finding connections to these works in modern everyday life.
PHOTO: Music Box Films
His dreams appear to be answered in when British expats Charles Bovery (Jason Flemyng), a furniture restoration expert, and his beautiful wife Gemma (Gemma Arterton) move to town. At first, it's just the names that make him him curious. But when he meets Gemma, the comparisons with her literary namesake become impossible to miss, especially after she catches the eye of wealthy local playboy Hervé de Bressigny (Niels Schneider). Martin begins to worry about the woman, fearful she'll suffer the same sort of fate as Flaubert's heroine, the smitten yet befuddled baker going to increasing lengths to see it does not happen.
Based on the graphic novel by Posy Simmonds, who just so happens also wrote the source material for another darkly acerbic comedy-drama starring the lovely Arterton, Stephen Frears' 2010 misfire Tamara Drewe, co-writer/director Anne Fontaine's Gemma Bovery is an absolute delight. Anchored by a stupendous, marvelously intricate performance from its star, the film is a sprightly, introspectively fearless wonder that goes to some pretty dark places yet does so with a somewhat surprising amount of levity. It's an odd amalgamation of comedy, drama and tragedy all melded into one gleefully anarchic whole, and as such it's a joy to watch opening frame to last.
Fontaine, best known for Coco Before Chanel, has written a melodious script with co-screenwriter Pascal Bonitzer (The Duchess of Langeais), their adaptation of Simmonds' source material rarely moving in directions I anticipated. It builds to a fitting shocker of a conclusion, one that is played for both tears and for laughs almost in equal measure. There is astonishing balance between the light and the dark, the playful and the serious, nothing happening that doesn't feel honest, authentic and, no matter how painful, no matter how shocking, justifiably merited.
This is still something a weird enterprise, and there are plenty of facets to it that are just going to strike some the wrong way and there's nothing at all nyone involved can do about that. Gemma isn't always the most likeable of characters, and considering her intelligence the fact she allows herself to fall into a relationship that can't help but end in disappointment is frustrating. But it is also that way on purpose, Martin's reactions as he both aids her subterfuge and warns her against getting too close to de Bressigny perfect, making the place all of this ends up at even more breathlessly startling when all is said and done.
Not that it would work without Arterton. As terrific as Luchini is, as sneakily sublime a job as Flemyng ultimately does, this is her showcase, make no mistake. This is complex performance that mines territories great and small, finding the magical crevices and hilltops hiding within the grey areas. She's an intoxicating sprite attempting to float above the fray certain there's no way the currents can pull her down, making her realizations that there's real danger she might be about to drown all the more affecting. It's a beautiful performance, an intimate, multifaceted reminder just how fine an actress Arterton is, and it's truly a pity no one in Hollywood has found a way to satisfactorily use her talents in anything close to resembling a meaningful way.
Schneider is something of a minor problem, the actor just not oozing the kind of sexually-charged charm and ferocity the role calls for. Fontaine's use of flashbacks to showcase what happens and why at a certain point during the third act is also unnecessarily flamboyant, more a way for the filmmaker to call attention to herself and what it is she is doing pulling focus, even if only for a second, away from Gemma and Martin's stories. There's also a graveside conversation that feels uncomfortably flippant, and while it does fit the tone of the motion picture surrounding it the scene still hit me in a way I didn't particularly care for.
Even so, I almost can't help but love Gemma Bovery. This movie made me smile, got me to laugh and brought a tear to my eye way more often than I should admit. Fontaine's direction is confident and self-assured, while Arterton's performance is as terrific as any I've seen this year. The movie does its source material as well as Flaubert proud, fans of both almost certain to be pleased by this imaginatively cheery, beatifically cinematic adaptation.
Film Rating: 3½ (out of 4)
Runtime: 1 hour 39 minutes


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This race has been a popular event for local runners for over 35 years. The Sunday event features a 5k, half and full marathon distance. The marathon and international half marathon are popular choices for runners as the course goes over the Ambassador Bridge into Canada and then crosses back into Detroit through the tunnel.
McGorry has grown a rapid fanbase in part by being an outspoken proponent of feminism and women rights. Besides advocating for pay equity, supportingthe "Free the Nipple" movement, anddecrying slut shaming, McGorry has a expressed a personal commitment to doing his part to "shake" the perception and stereotypes of who is and who can be considered a feminist."I think that all those things having some traits that are traditionally masculine doesn exclude me from wanting gender equality. I don think they mutually exclusive," he told Mic last year.
Rosenstein was put in charge of the Russia probe after Attorney General Jeff Sessions recused himself. Democrats have challenged Rosenstein's impartiality in the Russia probe because he wrote a memorandum initially used as the rationale for Comey's firing. In the memo, Rosenstein said Comey had violated long standing Justice Department practices in his handling of the investigation into Clinton's use of a private email server, but shortly after the announcement of the firing, the president said he had decided to fire Comey before he received the recommendation from Rosenstein..
A scratchy, irritated throat needs a nice lubricant to prevent tickles that lead to hacking fits. Dr. Mendoza Temple recommends this concoction she learned from a colleague: Take local, raw honey and mix in cinnamon, turmeric, a bit of black pepper, and powdered ginger.
Pool table and games/music machines available. Bread rolls and pasties also available from bar. Small smoking area to rear of pub. It is believed that Joe took umbrage to the treatment he had received at the hands of that neighbor. Mike and his twin brother, Mitch, slept in the basement of the house with the garden level windows open in the summer to catch the cool breeze. They would be awakened by the barking dogs, and then they could hear Joe's dragging footsteps as he came to the windows to peer in.
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I see many other Hentai games make this mistake too. For some if your health bar goes below 50% then the clothes just disappear. In DARK STAR it only keeps the character from getting raped by the first hit they take. When faced with a stressful situation, it tells your adrenal gland to release dozens of hormones, including epinephrine (adrenaline). Epinephrine is responsible for putting your sweat glands to work. The idea is that your body will need to remain cool and slippery during your supposed confrontation..
Now, if you are planning on leaning into exercise and doing some weight lifting, this is a great sub to use. If you are mostly looking to get results through dieting for now, go over to the main keto subreddit (r/keto). You will get a lot of well meaning advice here that is tuned more to someone who is hitting the gym and lifting 3 times a week here, and it might not always match your situation, especially since it seems like you are just starting out..
(btw Japanese government excluded Korean bomb survivors from the atomic bomb survivor relief law with the reason that Korean survivors don reside in Japan, even though many of the victims were bombed while working as the forced laborer for the munition factories in Nagasaki and Hiroshima.) Why don Japanese think about why they get bombed? Did it fall from the sky out of sudden? without any reason? Why did the bomb choose to be dropped there? To END the war THEY broke out. Personally, It was very disappointing to see the Japanese people reaction from the bomb picture, they directly recall their victims only, not the historical context of the situation Koreans are NOT fond of mocking innocent bomb victims in any degree since THEY were the victims during the war period. If BTS would have worn the shirt with that ill intention, Korean would be the first one to leave them.real reason why JPN TV cancelled BTS appearance]About this Asahi TV BTS cancellation, it was already detected at the end of last October when the Korean Supreme Court made a ruling that Japanese war crime companies have to pay out damages to the Koreans who were forcefully drafted into the labor in Japan.
The Brooklyn space reminds me of the original Dance Theater Workshop of the 1960s, when it sprang up in Jeff Duncan's loft at 215 West 20th Street in Manhattan. Enough chairs for 50 or so spectators. Two small curtained dressing areas at one end. Stop the presses. Oliver, the Jewish MP, Canada's first Jewish finance minister a man who has fought for Jewish causes and the state of Israel his entire professional life is apparently an anti Semite. (So too, according to the story, are current Conservative Leader Andrew Scheer and Jason Kenney, leader of Alberta's United Conservative Party and a former federal Conservative MP and cabinet minister.) Who knew?.
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Drop shipping has gained popularity in the past few years, especially with the proliferation of eBay sellers. Drop shipping is the act of allowing warehouses around the country to store your goods. When an order is received, you alert the warehouse and they ship it for you.
Ain't no doubt about it. She's smart, too, and has quite the personality, but we can't help stopping to stare at her rocky coast, cascading falls, and miles of mountaintops. No matter where you go in this state, there's something unique to gawk at. Over at Lingua Franca, you can demonstrate how Trump has destroyed your well being by spending $380 on a cashmere sweater that reads, "I miss Barack" or "beat the system." Honey, if the system is enabling you to blow $380 swathing yourself in cashmere, it's working fine for you. If you're in the mood for a less tasteful wearable bumper sticker, Look Human offers a Ruth Bader Ginsburg tee in which the mighty she elf of justice flips the bird with both hands. Markdowns indicate that the product, like Ginsburg herself, isn't moving so fast these days.
Biologist Dr Philip Munday doesn't like to shout about it but he's made an intimate investigation into, well, the intimate lives of reef fish. In particular he has been prodding the pectoral fins of a world champion sex changer: the coral dwelling broad barred goby, Gobiodon histrio. Philip has found that this extraordinary fish can change sex from female to male and vice versa, depending upon the sex of its prospective partner! Not only has he tricked them to change sex in either direction, he thinks he knows why they do it..
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James Grant was there stocking up on fresh fruits and vegetables. At 64, he is diabetic and must take care with his diet. Grant has worked for 40 years as a maintenance engineer at Independence National Historical Park, which includes Independence Hall, the First Bank of the United States and the Liberty Bell..
Some coaches are motivated by trying to stay at the top once they get there, building dynasties and legacies (see Phil Jackson, another strong possibility for the Knicks job). In Brown's case, he shows no apparent interest in the record book or how he is perceived once he feels the job is done and heads on down the road. It's the building process that motivates Brown, and he needs to be looking up at something to fuel his motivation..
The cellphone footage begins with Oroojian dealing a powerful blow the one woman's stomach, causing her to fall on her behind. The second woman then approaches him from the side, and he responds with another swift punch that knocks her to the ground as well. He then punches the first woman a second time before running from the scene..
The greatest thing you can do for a kid is to empower them to have ownership over the thing they're working on. At that age you really are ready and hungry to throw yourself into the artistic experience and really grasp beyond yourself. I had so many people warning me, "Oh my god, you're working with kids.
How? Expose girls to examples of leadership and help them develop the skills and confidence they need to become leaders in a wide variety of fields. Too often girls avoid leadership because they don't feel confident in skills such as public speaking or because they fear their peers will disapprove. Many girls fear appearing bossy..
If you want to know who Rangers are signing, this is the place to come. Our top team at Record Sport have broken countless transfer stories over the years down Govan way. And this window it's no different as the Gers gear up for a tilt at the title.
He often saw deer and elk because he never hunted within ten miles of the cabin. He liked watching the wildlife, and even saw a black bear now and then. He fed a covey of quail just down the slope, and squirrels fearlessly came right up on the porch looking for a handout.
'Hands off Real Madrid' Coventry City fans have their say on Mark Robins' new dealThe Sky Blues manager has committed himself to a new dealRobins, who is putting together his pre season preparations ahead of the League One campaign, said: "I am delighted to extend my commitment to Coventry City Football Club and its supporters."The change from when I took over last March has been massive, both in terms of performances and the atmosphere around the Club and the City."Since I've come back the supporters have backed me and the players 100%, and for me the reconnection between the players and the supporters is so important."To see so many at Wembley and on the streets of Coventry was fantastic for everyone connected with the Club."Coventry City add another pre season friendly date for your diaryThe exact length of the contract extension has not been revealed and it was not clear when his existing deal was due to run out.When the manager re joined the Sky Blues in March last year the club simply announced that he'd signed a deal 'beyond the current season.'But the detail doesn't seem to worry most supporters, with many taking to social media to have their say on the news.Here's what some of the fans are saying:Michael Louth said: "Brilliant news. Maybe I'm still on a high from last week, but I genuinely think if we can keep the bulk of this squad together, he can take us up next season too. I don't see anybody in League One to fear."Jamie Hayden said: "Brilliant news."Jordan Cerioo said: "Seeing Robins commit himself to the club had no choice but to purchase another set of season tickets, myself plus two.
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In this photo provided by the Library of Congress, unidentified men sit at a table at the noncommissioned officers mess of Company D, 93rd New York Infantry, Union Army, in Beatleton, Va., August 1863, during the Civil War. (AP Photo/Library of Congress/Timothy H. (AP Photo/Library of Congress/Timothy H.
Clinton added: will be on your side. I will fight for you. In early voting, they turned out in lower numbers than the record black turnout in 2008 and 2012 that helped fuel his historic candidacy. Great friends off of the field. I love everything he stands for, but to some extent, we different too. We see the game different and we kind of have different approaches to the game too.
Score a pedigreed (or not) MCM table or lamp. Order custom linens or upholstery. Or simply pick up a handmade Tatine candle or John Robshaw pillow. Vinatieri has checked off a few historical boxes during his 23rd season. He supplanted Andersen as the NFL's all time scoring leader (2,591 points and counting) and moved Andersen's record for made field goals to 580. The Colts' late season push toward the postseason also has pushed his career regular season win total to a league record 214..
New York State United University Professions, the union that represents faculty at the State University of New York, has been trying to understand the reasoning behind these exams. They submitted a Freedom of Information Law request to the State Education Department so they could evaluate the state's teaching certification exam contract with Pearson. The original response from the state was a useless document, heavily redacted.
Romero always downplayed the decision to cast Jones, but it was revolutionary for its time. Film critic Stuart Klawans points out that Romero and Jones made the film over nine months at a time when racial tensions in America were exploding. "There was no such thing as being color blind in 1967 and 1968," he said.
It is one of the more isolated spots in Dove Springs. And we were situated at the back of the park, at the end of a long road that led from the entrance, also the only exit. If someone wanted to, they could block our way out, a thought that dawned on me as we began to take turns pitching and swinging, and which overtook me as a dark car entered the park, just as I'd worried they might.
But this growth is not spread equally. Private wealth in Asia Pacific is likely to surpass that of Western Europe by as early as the end of this year, BCG's analysis shows. This could be an economic shock for many citizens of traditional western powerhouses.
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Jungle gyms. Bolt a bunch of metal pipes together like a skyscraper skeleton, and you had a kid magnet. Problem was, the kids wouldn't stick. With Trudeau as prime minister, his supposedly activist administration has passed very little legislation and his government has accumulated a huge, President Trump like backlog of appointments. Of the few big ideas he has pushed, many have been train wrecks of poor implementation, such as his plan to legalize marijuana by 2018, which is still a mess of question marks, or "empowering" Canada widely loathed, unelected Senate to get more involved in the lawmaking process, which has spawned parliamentary gridlock. A plan to overhaul the Canadian electoral system, which would have likely accomplished little beyond making it easier for Trudeau party to win reelection, was abruptly abandoned after blowing a few million dollars on go nowhere R hikes in spending, meanwhile, coupled with a large middle class tax cut, have spawned budget deficits twice as deep as the "temporary" ones he promised on the campaign trail, with no plan to dig out.
For centuries, the paesani of Roseto worked in the marble quarries in the surrounding hills, or cultivated the fields in the terraced valley below, walking four and five miles down the mountain in the morning and then making the long journey back up the hill at night. It was a hard life. The townsfolk were barely literate and desperately poor and without much hope for economic betterment until word reached Roseto at the end of the nineteenth century of the land of opportunity across the ocean..
Photo by Sarah Phipps, The OklahomanMiami's Shane Battier (31) and Oklahoma City's Russell Westbrook (0) go for a loose ball during Game 2 of the NBA Finals between the Oklahoma City Thunder and the Miami Heat at Chesapeake Energy Arena in Oklahoma City, Thursday, June 14, 2012. Photo by Nate Billings, The OklahomanMiami's LeBron James (6) tires to get by Oklahoma City's Kevin Durant (35) and Oklahoma City's Thabo Sefolosha (2) during Game 2 of the NBA Finals between the Oklahoma City Thunder and the Miami Heat at Chesapeake Energy Arena in Oklahoma City, Thursday, June 14, 2012. Photo by Nate Billings, The OklahomanMiami's Dwyane Wade (3) goes to the basket between Oklahoma City's Russell Westbrook (0) and Oklahoma City's Serge Ibaka (9) during Game 2 of the NBA Finals between the Oklahoma City Thunder and the Miami Heat at Chesapeake Energy Arena in Oklahoma City, Thursday, June 14, 2012.
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The morning started off in the upper 70's. "It actually felt cool to get out there get a little sweat on you with the wind blowing through your shirt," said Iowa Park cyclist Gary Bradford. "It started out ok. The carnage was so appalling that post war leaders vowed the continent would never again be allowed to tear itself apart and plunge the world into war. That resolve led to the rise of institutions including NATO and the European Union. The US effort to rebuild Europe in its own democratic image, known as the Marshall Plan, will celebrate its 70th anniversary next year..
I about 13 issues behind on the Duggan/Posheon run, depending on if they were regularly updated over the past year, and when I stopped reading they felt like they were trying to get serious with him somewhat, but they were kind of wobbly about it. Have they done better more recently? Also, in my opinion, Cable and Deadpool and Kelly run of Deadpool were the best runs so far because of how much they delved into Deadpool and his deeper seeded issues and why he is who he is, and how everyone basically throws him away whenever he tried to do something. The ending to Cable and Deadpool really got to me because he finally had people who cared about him even though they all knew exactly who he was..
This exaggerated, comical story illustrates a situation that many of us face daily. Rushed, with many tasks to be done and deadlines to be met, we may feel that we are racing from one thing to the next. But, like Joseph, we sometimes slow ourselves down by concluding that we do not have the time to stop and reorganize for effectiveness..
His wife said her biggest fear was that somebody would kill her husband in prison something he did as a police officer, something he was trained to do. Looked up over her shoulder and addressed the judge directly: life is over. Please, please. "We want them to have positive role models," Brianas said. "They see superheroes using their strength to help others and do good in the world. We try to bring real life heroes here to talk with the boys about being brave, defining what it means to be a hero, being courageous, and setting goals.".
Now, in regards to your comment; I was, again, left without much space to write and elaborate a great deal of both the historical context and the contemporary context that I was dealing with her. Ideally, it would be proper to show an evolution of how and why popular culture has treated minorities in uniform in a certain way over time and engage more closely with existing scholarship on the topic. Alas, I was not allowed the space..
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Childs was president of the Anne Arundel County Bar Association and the Southern Maryland Society. He was a vestryman of St. Anne's Church for 14 years and a past senior warden of that church. 8 and will consider greenfield projects and expansions at existing sites. At this point, the government is only seeking a sense of the projects companies may be considering and isn yet ready to say how it would support those plans. Benchmark.
Tillerson said Tuesday chemical attack a continuation of a series of chemical weapons attacks by Bashar al Assad. This was not the first. As you well know, there were 2 similar attacks in March March 25, March 30 in Hama so this was yet another instance of Bashar al Assad continued violation of the chemical weapons agreements.
This is a bit out in a stratosphere, but have you considered a couple year old Cadillac CTS V? I'm not sure if there are any brands you want to avoid or anything like that but I feel like a CTS V ticks many of the boxes you're looking for. Granted, I've never been in one at all, so I can't attest to ride quality or how luxurious they are but generally, most CTS V reviews I've seen/read have given the car good marks. Might be a little more power than you're looking for, and the price might be dangerously close to your upper limit, but I'd say give it a shot.
The Nintendo Switch has been a sales blockbuster, which is a much needed "win" for the Japanese game company following the disappointed of its immediate predecessor: the Wii U. Given the excitement surrounding the Switch, which is still sold out at retailers across the United States, it should come as no surprise that the console will be the main focus of Nintendo's upcoming E3 festivities. This time around, all eyes will be on Super Mario Odyssey, which marks the first sandbox type Mario game since Super Mario 64 and Super Mario Sunshine.
Fast forward to the year 2000 which was the 20th anniversary of the Ruiz caper. There was excitement in the air as rumors flew that Rosie Ruiz was coming to run Boston. It was my third consecutive Boston Marathon, and although Ruiz had been nothing but a fraud on the day I spotted her way back when, the sight of her running still served as an inspiration to me.
Government Contracting GoalsYou may own a for profit business but have never considered landing government contracts. For example, a local food service could win a government contract for operating a cafeteria for federal, state or local employees. Write a goal like this: "We will open a new government contracted cafeteria each year for the next 10 years." Government contracts are a known way to diversify your business and for medium sized companies to keep growing after graduating from the small business phase.
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It's not hard to find a website that offers instruction in the basic craps rules and betting odds. Stay away from the ones that claim you can beat the casino out of untold fortunes. Knowledge of the game is key to playing craps. For those who haven had the misfortune to experience Far Cry 5 story, basically, there are 3 areas in the game, each run by a lieutenant of the big bad. When you do a certain amount of damage to their operations in that region, a story mission happens. And by "happens", I mean the lieutenant drugs you with inescapable baddies with magic one shot knockout bullets/arrows/gas.
There's been so much debate about what to do with "The Cosby Show" in the wake of Cosby's rape scandal. Some people have questioned how justified it is to pull the series from syndication and streaming services. They've argued that, regardless of whether or not you "believe" that Bill Cosby is a rapist, people should be able to separate the man from the character and the legacy of the show.
It taught her, she said, "that what language is about is rhythm. And that took me to wanting to study real people and mostly, study them when they are dealing with catastrophic events in their midst." When they are in that moment, she said that they get creative with how they express themselves. The result is the uniquely precise, utterly riveting form of empathic storytelling that only Anna Deavere Smith can pull off..
It wasn't the introduction that made me strangle a laugh: it was his look. And the look was pure Tom Selleck from the TV show Magnum, PI: red Hawaiian shirt unbuttoned to reveal a wispy covering of hair, like a weed strewn lawn; stonewashed jeans painfully tight and worn high; and feet bedecked in shiny white tennis shoes. On his head sat a Detroit Tigers baseball cap.
It was like Star Wars. Is what I want to do, he thought. Want to do this. Millions responded to the unlikely mix of realistic fantasy, and many of his characters, including Spider Man, the Hulk and X Men went on to become stars of blockbuster films. He won the National Medal of Arts in 2008. For decades he provided both young and old with adventure, escape, comfort, confidence, inspiration, strength, friendship and joy.
There was evidence from other witnesses at the party that they had their own confrontation about it before the bigger fight started. Chacon Perez said he threw it on the ground during their argument.Posner pointed out it was chaos in the icy parking lot, but also, there were reasons why some witnesses were less than forthcoming. He pointed specifically to Danielle Fountain Smith and her mother, Kathy Adams, who, he suggested, were protecting her husband, Garth Adams, the only black man in the fight.He played the 911 tape where Fountain Smith initially says the man without a shirt had a knife, then that a man wearing what Chacon Perez had on that night had the knife.
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Didn come out with enough intensity (in the second half), said Monmouth sophomore point guard James Hett. Gave up some shots, didn weather the storm. Instead the Hawks were swept away by the Quakers who shot 66 percent (21 for 32) in the second half and sent Monmouth reeling to its latest lopsided defeat, 83 62..
If you truly want to eliminate abortion outside of the specific scenarios that I mentioned, because some people do get abortions when they don have to, then we need comprehensive sex education and availability of contraceptives to prevent unwanted pregnancy in the first place. Then we need greater funding and support for the foster care system for those who decide they not ready for children, as well as encouraging adoption rather than conception for couples wanting children, especially those who couldn pull it off first try. There are thousands of children already born that need love.
Acne is primarily a hormonal condition driven by male or 'androgenic' hormones, which typically become active during the teenage years. Sensitivity to such hormones, combined with bacteria on the skin, and fatty acids within oil glands, cause acne. Common sites for acne are the face, chest, shoulders, and back the sites of oil glands..
Then came Monday night. Then came home run after home run. Then came Harper jumping up and down, stomping around home plate as if some switch had flipped that allowed him to be Bryce Harper again. As the push for new members hots up between the many internet dating sites, singles are going to come out in front. Some sites have gone to extreme measures to win over members by completely waiving fees and subscriptions. You would be challenged to find other industries incorporating this method to win over customers..
I often think about getting them to tell their war stories to the Flyer, but that might make their jobs harder. And these young teachers aren't seeking sympathy anyway. They plug away in classes for five periods a day often classes without textbooks for the first two weeks of school, classes with 40 students and only 30 desks for the first five weeks of school, classes where they are under pressure to get 80 percent of their students to pass the Gateway examinations, classes where a terrified teacher locked herself in her closet..
Mark, thanks for the thoughts. The first three have occurred to me, and I have been reminded again and again about number four by a friend. What I am working on right now is finding metro areas that COULD work and from there I can put the principles you talked about into work I think..
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When it comes to abc worksheets, they shouldn't look the same after the kids work on them as before. Oh, no! Especially this one. Kids get to trace and write, identify the letters by circling them, coloring the letters (will it be in just one color or all the colors of the rainbow?), and coloring the objects that begin with d. Be sure to have kids write their name on the page first thing because you will have a bunch of pages that are beautifully done.


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Gallery: As North West turns one, HELLO! take a look back at her first year
June 09, 2014 - 12:57 BST hellomagazine.com HELLO! Online have taken a look back at North West's first year, from her introduction on her grandmother's television show to her special role in Kim and Kanye's wedding...
On 15 June 2013, Kim Kardashian and Kanye West welcomed their first child into the world.
Named North, or Nori for short, the little girl was premature - born five weeks early - and weighed 5lbs.
Her birth was one of the year's most anticipated, and in the following 12 months Nori has been all around the United States, and even to Italy where her parents married in a lavish ceremony in May 2014.
Now, to celebrate the tot's first birthday, HELLO! Online have taken a look back at North West's first year, from her introduction on her grandmother's television show to her special role in Kim and Kanye's wedding...
CLICK ON PHOTO FOR GALLERY
Celebrity Children
More about north west
Kim Kardashian's daughter North is so happy in mum's snakeskin boots – until it's time to take them...
The one thing that Harper Beckham AND North West have in common
People are trolling Kim Kardashian over her daughter's new hairstyle
Kim Kardashian spotted in Paris with baby North West ahead of wedding
Kim Kardashian Wedding: Kim, Kanye and guests party in Versailles
Prince George beats Blue Ivy and North West to be named most stylish tot
North West has new fashionista BFF
Rob Kardashian completely in love with his little niece North West
Kim Kardashian and Kayne West take baby North to Paris


Whether you are a Freshman or a Senior, it is always a good idea to stay up-to-date on current, available scholarships. Each scholarship has its own requirements – while some are targeted for a very specific group, others are open to all who may qualify based on merit and/or their application. Please visit this page often to stay knowledgeable on all scholarships that may benefit you and your future!
UPDATED SCHOLARSHIP BULLETIN AND APPLICATIONS ARE AVAILABLE AT THE BOTTOM OF THIS PAGE!
Start searching for scholarships as soon as possible. Don't wait until Spring of your senior year in high school to start searching, or you'll miss half the deadlines. There are many scholarships available to students in grades 9, 10 and 11, not just high school seniors. Continue searching for scholarships even after you are enrolled in college.
Answer all of the optional questions on a scholarship matching web site for about twice as many matches.
Use a free scholarship matching service like Fastweb.com. The Fastweb database is updated daily, and the site will email you notifications of new scholarships that match your personal background profile.
Apply to every scholarship for which you are eligible. Pursue less competitive scholarships, such as small awards and essay contests, since they are easier to win and the money adds up and helps you win bigger scholarships.
Don't miss deadlines. Use a calendar and checklist to get organized.
Tailor your application tothe sponsor's goals. Read and follow the instructions carefully.
If you have difficulty writing essays, try recording yourself as you answer the question out loud, and transcribe the recording later. Most people can think and speak faster than they can write or type. Create an outline afterward to organize your thoughts.
Kantrowitz, Mark. "Secrets to Winning a Scholarship". FastWeb. 21 Jan. 2011. Web. 19 May 2016.
Click here to access our Scholarship Bulletin!
Set up your scholarship profile. Scholarships will be emailed to you based entirely on the profile you create.
Seniors – this is a free resource, which will allow you to find merit aid scholarships from specific colleges (merit scholarships are not based upon financial need). This site can help students identify colleges that they can afford, so they can make a more educated decision on where to apply.
Learn about saving for college. U Promise will provide you with information on how you and your family's daily shopping habits can be used to establish a college savings account.
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Search for scholarships available only to San Diego County students.
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Create a profile and search for scholarship, internship, and financial aid opportunities.
Online database of available scholarships.
Founded in 1975, the Hispanic Scholarship Fund empowers Latino families with the knowledge and resources to successfully complete a higher education, while providing scholarships and support services to as many exceptional Hispanic American students as possible.
UNCF manages various scholarship programs and each program has its own eligibility criteria, open/close dates and required documentation. To apply for a UNCF scholarship, you must apply through the on-line application process.
Online database of available scholarships and resources.
If you have any questions or need help with an application, please see Mr. Sanchez or Mrs. Hsu.


Spotify is a digital music service that gives you access to millions of songs. Solved: I cannot get my internet to connect with Spotify. When I open the program it presents a loading screen and then goes to black with the. Fehler 7 Probleme umfassen Computerabstürze, Freezes und mögliche Virusinfektionen. Erfahren Sie, wie Sie diese Spotify Laufzeitfehler schnell und einfach beheben. In reply to Anoop P K' s post on September 7, I DISCONNECTED ADBLOCK AND ALSO IN MY CONTROL PANEL UNDER INTERNET OPTIONS SAID I WILL ALLOW AN EXCEPTION, AND WROTE SPOTIFY. COM IT TOOK KME FOREVER TO FIGURE OUT THAT ADBLOCK IS BLOCKING SPOTIFY. We have detected that you are using adblocking plugin in your browser. We like to bring you the best music we can find but ad revenue help keeps the light on. Now, after the processes have been closed, you can try installing the program again. If you are yet to find a solution, we have more methods to be discussed. Despite being a useful desktop application and making online streaming of music easier, Spotify errors can take a serious toll on your system and time. Windows users have called us up and reported the occurrence of such an issue quite frequently.
Spotify is one of the most popular streaming music services around. It' s a mobile phone and desktop staple that users just can' t live without. Spotify Error 7: Description de l' erreur: Erreur 7:. Après avoir correctement désinstallé votre programme associé à Erreur 7 ( p ex. Spotify is now free on the Windows Phone. Listen to your music, wherever you are. With Spotify, you have access to a world of music. You can listen to artists and albums, or create your own playlist of your favourite songs. Spotify is a great app ( application) to listen to all your favorite music, which is really easy to install and use. However, installing it is not always as. What are the differences between Sidify and other Spotify converter tools? Sidify Music Converter for Spotify is the fastest Spotify Music Converter on Mac & Windows which can convert Spotify Music at 5X faster speed as well as keep 320kbps quality than other DRM removal programs do. Error 4 problems include computer crashes, freezes, and possible virus infection.
Learn how to fix these Spotify runtime errors quickly and easily! I had this same issue. You have to go to your Facebook settings - > Apps - > Settings - > Select Spotify - > Delete/ remove it from your account. Then try to login to Spotify again and authorize Facebook. Did you know what is Spotify Error Code 7 Windows PC problem issue is? or facing this error on PC but don' t know how to fix & solve this error then check. Spotify is a very stable piece of software, but on occasion, it can get grumpy and bring up an error code. Thankfully, there aren' t too many types of Spotify codes. · Spotify is a very stable piece of software, but on occasion, it can get grumpy and bring up an error code. Thankfully, there aren' t too many types of. This thread is locked. You can follow the question or vote as helpful, but you cannot reply to this thread. · I was trying to download the audio player Spotify and it failed because of the error code: 17. How do I fix error code:.
post on September 7,. You look like someone who appreciates good music. Listen to all your favourite artists on any device for free or try the Premium trial. Search is the key to Spotify' s vast library of music, whether you' re looking for a particular artist, album, or song; or if you want Spotify to find music to match a. Details: Get Music All Summer Long - Buy 1 Month of Spotify Premium for $ 9. 99 and Get 2 Months for Free. Offer Ends 6/ 15/ 14. Include nearby city with my comment to help other users. Step 2: Print out these instructions or have them available on another device ( optional) We can' t stress this enough: Safe Mode is a strange experience, so accessing the information you are currently reading might be a bit more difficult than you think. How to easily boost PC Performance. Step 1 Download Advanced System Repair and Install. Step 2 Click the " Scan" button. Step 3 Once the scan completes, click " Fix All" to repair errors. Whether you pay the $ 9.
99 a month for a Spotify premium account or use Spotify free, we can help you fix the issue so you can get back to listening to Spotify. Most Popular Articles. How to Convert Spotify Music to MP3 Format; Simple Ways to Listen to Spotify Offline for Free; 2 Ways for You to Convert Spotify Music to iTunes. Spotify is a music streaming service whereby you' ll be able to manage share listen to and discover music. Spotify is a desktop and mobile- based application that' s web- enabled providing for instant streaming of tracks and albums without buffering delay which other online music streaming services require. Spotify is a great music streaming service, no doubt, but of late ( or perhaps since a long time now), there have been several issues with it. Spotify as scaled up pretty big from humble beginnings. Este vídeo ajuda como vocês podem resolver o problema no acesso ao Spotify. Solved: How to resolve your error code 17 on window 7, it been 2 and a half months and you still have not resolve this situation. Solved: Hi all, I got error code 2 when updating to latest update. I followed the instructions but get the same notice.
News, Stuffs like How- To Tech, Guides, How to Fix & Solve Errors Issues, Products Reviews, Products Buying Guides & much more wise things for free completely. If you' re on our free, ad- supported service you can use Spotify in a different country for up to 14 days. After that, you need to upgrade to Premium or change the country registered on your account. Spotify hasn' t been working properly for week +. I now receive the message " Service is temporarily unavailable, please try again later. ( Error code: 7) " even iplayer. The Coupon Code: Entertainment. Check out Groupon Coupons' jamming new blog that' s cracking the coupon code, chasing the thrill of the deal, and bringing you more for less! Download the Apple Spotify App Here. This subreddit is mainly for sharing Spotify playlists. Only post direct links to Spotify Playlists, for anything else please post a Self. Spotify is one of the best and most popular music streaming service arould the world.
There are millions of people out there who uses Spotify for online music streaming. In terms of the reasons why Spotify doesn' t install on Windows 10, it can be reduced to the problematic Spotify related process running in the background, the Spotify folders, files, or any other application interrupting the Spotify installer on Windows 10. Spotify is one of the best music streaming platforms out there, Spotify has a dedicated desktop application to make it easier for users to stream music on their computers. This tutorial will show you how to totally uninstall Spotify from Windows 7.


Changing the culture around the use of gasoline takes support, creativity and storytelling from all of us. What are your ideas on how to make an impact – locally or globally? What's the story of your relationship with gasoline – past, present or future? What are you doing to make a difference? How would you like to get involved? We want to hear from you!