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← A Tribute To Barbara Blaine, Founder of SNAP National Catholic Reporter Article by Bill Frogameni – 25th September 2017
New Mexico Judge Orders Release Of Clergy Sex Abuse Records (The Associated Press, Religion News Service) →
VICTIM AT THE HANDS OF A SPANISH PRIEST FROM THIS VERY ORDER
Posted on 8 December 2017 by markmurray1
This is posted by Mark Murray – it is not written by him
While many Priests may not be guilty of the crimes or bad behavior they are accused of many are as guilty as sin. While some of these abuse matters may not fall into the category of "a crime" its still abuse when it is from the start done with ill intent on the fragile person. Recent articles have been published, relating to certain Priests who abuse the young as well as those who sexually abuse adults.
Such behavior can never be justified.
There are Priests who "reach" out to emotionally fragile woman, using their position as a cover, to gain the trust of the emotionally fragile woman, showing compassion and care but in reality they are looking at the woman right from the start, through eyes filled with lust or intentions to gain, rather than through eyes of empathy.
While it can never be disputed that there are woman, who pursue Priests, doing all in their power to gain the Priest favor and tempt him, as they view it as some type of trophy to do so, these are not the woman, I am giving reference to.
The fragile woman places trust in him, seeing him as a person who shows compassion and understanding of her situation. Almost immediately, the Priest tells her that he feels close to her, telling her "it is nice to be able to talk so freely and be so close."
Slowly he draws her into his web, advising her to keep to self and just confide in him. The woman is blindsided by this talk and starts to bare her soul to him.
Once he has gained her confidence, he then starts to make advances in words, actions and deeds, saying after each time he does, it is how he feels, knowing that a person in her position is craving love and affection in whatever form and will never disregard him. Eventually after each "fall" he relies on the woman, who is in desperate need of a understanding friend, to look past his transgressions and say, that the behavior he displayed is perfectly natural, and both then state "such feelings are there but they need to be controlled" only for him without any prompting from the woman side to make these advances again and do all in his power to try to tempt the woman, through sexting, when he sees her, using her to fulfill a need, but not going the whole way, by engaging in behavior of kissing her until her is aroused and then exposing himself and reaching climax in front of her, video calls where he cannot see the woman but he is once again working himself up in the video until he reaches climax, telephonic sex, making out to the woman that what they share is special and there is also talk of a future life together. long conversations, telling her of his unhappiness in the Priesthood, his dissatisfaction at been used by others to do all tasks, making sure he never ever leaves her alone, making all the advances and always tempting the woman who is single.
The woman tells him that she places more value in him as a friend above all else, even if it means that they would only be able to interact over social media and keep all correspondence "formal but friendly". He agrees. His track record would be evidence enough to show, that he continues to pursue the woman, knowing that she will accept him back each time because she is lost and alone, as much as the woman would say she takes responsibility for any part she played. A lot of his talk is, friendly and shows care and promises of a life together in the future, thereby confusing the woman even more. He keeps their relationship well hidden. He sends her over three hundred photographs of his "erect" penis, photo's of himself, where clearly in the background in most of the photos one can see his Priest cloak, he then starts to ask the woman for photos of her most intimate self, as much as she tells him she has never engaged in such behavior over social media before, eventually because of his hot and cold behavior and out of fear of losing him as her only friend she gives in, only for him to say, the photo is OK and needs stronger light, it is evident he is trying to get later "dirt" on the woman not realising she has kept every single chat they ever had, ever single conversation, every single show of call, every photo ever sent.
Such Priests, when they do eventually express an "apology" will maintain, that their Priestly calling is more important?? even though that was never disputed or questioned by the woman, as she regarded him as a close friend, who was unable at times to control his feelings and expressed them often in a "suggestive" way without any prompting from her side and then adds to his "apology" that it he had never engaged in such behavior before, trying to shift blame onto the woman that she is responsible for his behavior throughout, yet his lengthy record with just that woman alone, is evidence is enough that he has engaged in this behavior for a long time and what is apparent is that he is very experienced in this regard.
No mention is given again to the "friendship" at all. All emphasis is placed only on him. A real apologizer is one who is solely motivated by concern for the one he has wronged not self.
If his Priesthood was so important why did he wait so long before saying that??
All the Priest is doing is using his "priesthood" as an excuse to get rid of the woman as he is done using her and to free himself possibly from any guilt he may feel at violating his Priestly vows.
He knows he would never be suspected of such behavior, as he "hides" behind his position, years served, age, shows a compassionate and affectionate side, often introverted, serious, quietly spoken, held in high regard by many, although there are signs that he is full of his own self importance and evidence suggests that he certainly does not keep his distance from other woman and is often seen in their company socially and also very worryingly through doing ministry with them from time to time. It is evident that many of these woman enjoy his attention and are very young.
Priests are humans. When feelings expressed by the Priest are sincere, and are NOT done with ill intention, even towards an emotionally fragile woman and develop over time, it can be understood and a solution can be sought to his inability to control himself and his emotions.
To expect that fragile woman you have mislead for so long, to be accepting of your cowardly written apology and accepting of your dismissal of her, is like taking a delicate flower, that had started to bloom again, as she felt she had a friend and support system, squashing it into the ground with his foot, then picking it up later fully expecting that it can be put together again the way it was before. The woman is left with even deeper wounds to her already fractured soul.
It can be argued by those who are biased, that the fragile woman knew he is a Priest, and say she is not the victim but the victimizer, and why did she allow it continue for so long. Why did he allow it to continue for so long?? He knew his a Priest and he knew she was emotionally fragile as well and in desperate need of a friend, why did he mislead her into believing she was the close friend?? Also as said, countless times there was talk of a future together, giving the woman false hope, and also talk that he would be able to still perform his Priestly duties. The Catholic Church is telling the Priest it is ok, to use the woman for a need but it is not ok to love or commit to that woman. Who knows what he is telling others, where he would get support, as this Priest has now gone off to REST, after his apparent ordeal at been tempted at the hands of a woman, but all evidence shows that he is the guilty one, who never left the woman alone, tempted her all of the time, exposed himself all the time at every single opportunity, trying to arouse the woman by doing so, made countless video calls, telephone calls, the evidence is all there, also secret trips to visit her and then still did the same while the woman was fully clothed and in no way tempted him. To just dismiss, and cut a woman, who you have for months brought under a wrong impression, knowing her state, saying to her I WAS VERY SEXUALLY ATTRACTED TO YOU FROM THE START BECAUSE YOU ARE AND WERE SO FRAGILE and woman the woman starts to cry, he then changes it saying NO I MEAN I FEEL A NEED TO PROTECT YOU. She sees him as her true friend, a person who falls from time to time and tells him many times she would rather he never expressed such feelings ever again or engaged in such talk, kept his distance but kept regular correspondence from time to time with her, keeping all talk above board than not have him in her life, he simply ignores this, it goes about him, what he stands to lose, how its affected him, because he sees the catholic church and the priesthood as his "wife" and the girlfriend as his "mistress" so in the end he must decide, does he stay with his "wife" the priesthood or go with his "mistress" girlfriend, he chooses more often than not the Priesthood because he realises he is at a age he will never get work, he has nothing if he leaves, she has little to offer in the way of financial support, he is fake. If his Priesthood was so important, why wait for so long before expressing these feelings of apparent disgust, why try to shift blame onto the woman after the apology by saying, he has never engaged in such matters before where it is apparent he is an expert, in view of the fact he entered the Priesthood at about sixteen and has been a Priest for over thirty something years and in his sixties.
To take advantage of a situation where the only intention was to try to benefit in whatever way right from the start and then disregard and dismiss the fragile person after you are done using them, is abuse, not as in the form of a crime but its abuse.
Reality, it is happening and Priests who are guilty are bargaining on the loyal victim, to protect them.


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Welcome, Fellow Lightworker, Empath or Inner Seeker! I am Vanessa Uybarreta, Transformational Intuitive Mentor, Bodyworker, Energy Worker, and Teacher. There are several ways I can assist you on your journey through my free Lightworker toolkit class, my 1-1 work, and my Embodiment Workshops. I look forward to connecting with you!


text: ScratchPad << :loaded

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The Morrison kitchen prepares all the meals and snacks for the 87 residents in the nursing home and Sartwell Place Assisted Living, except for breakfast at Sartwell, which is prepared in the assisting living unit's own kitchen. Menus are changed seasonally, so there is continued choice and variety, which makes for a more pleasurable dining experience. All of our meals are home cooked, well balanced, and customized to meet the needs of each resident.


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Massachusetts Idea Expanded
August/13/2008 22:12PM
Should the people of Massachusetts get the sales tax and capital gains tax eliminated in the November election, what next?
Traditionally, it is the role of government, both state and Federal, to set the budget. What would happen if the voters set the budgets?
Once set, it would be role of government to fit priorities into the budget. Stay with me here, I'm serious, This is the kind of change we need in America, not the Marxist change Omaba wants.
Why shouldn't state and Federal elections establish budget levels each year? Elected officials can make cases for each level. Each level will show the tax rates needed to support that level. If the ballot goes for the lower rate, the elected officials must make it fit.
This would bring accountability to all levels of government for the first time. This is how much of the real world works. A corporation builds a plan. The cash flow determines levels of capital expenditures and expense levels. Mangers must fit the organization and the strategies to the budgets. If the corporation is not making plan, expenses must be cut more.
This is the only way to eliminate waste in government at all levels.
Does the way it works now make any sense when you analyze it from a business perspective? The people who pay the bills only get to vote once, to elect the person who represents them at the local or Federal level. Those people call all the shots on what the budget is, how it is spent, and how it gets collected. Let's strip most of that power. They only get to decide how it gets spent, not how much, or how it gets collected. We voters can do that better. Decide how much and how it gets collected.
Watch the post office and Amtrak go away over night. See the push for revenue like oil leases get done overnight. See the boondoggles and bridges to no where stop. See the infighting over who gets what. Without unlimited funds to squander fiscal responsibility might even start to happen. Want to see Iraq use their new $100 billion in oil revenues for their needs rather than rely on your tax dollars, do this. Pork projects, no more.
Ken Dozier says:
I think you have an interesting solution to controlling government waste and spending. All you need to do is figure out how to get it done. Therefore, I am officially nominating you to be our leader on getting a referendum on the November ballet.
Getting a referendum on the ballet would require getting enough signed petitioners to get it approved, but not sure who makes that determination for it to happen. Getting referendums on the ballet would have to be further explored to determine what the processes are and required to get it done.
Because this would be such a dramatic change in how our State Government would work, it would also require a panel of experts to determine the impact and how it would work in terms of how government wood work and how decisions would be made and so on.
Perhaps the first thing would be to define a referendum that would give the tax payers the right to further explore this idea, because I could see this being a fairly long process to get approved and obviously would not be easy, because our current elected officials would probably not be very helpful in getting it done.
Another option would be to get someone like yourself on the ballet and elected as the Peoples Candidate and then you could implement all of your ideas for Change.
Leave a Reply to Ken Dozier

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I sent Black Steel the interview request last year around the time when they were doing the Judas Priest support slot. They didn't get back to me until this year.
You guys might be able to help me. Are there any decent independent record/metal merch stores in Perth I could send copies to?
Excellent lineup of bands there.
With the exception of Black Steel, is it all up to date info?
Are the featured bands in Q & A style interviews, or... ?
Have you got more info on the content?
The interviews are Q&A, and all the articles/bands I listed are interviews.
you mean there's more than one? uh boy!
There can be only one! Now we fight!
Highlander fan... I like it.
Fallout is an excellent read people, grab a copy if you can!


Capt. Barber has two new vessels well underway at his yard below Sweet's Warehouse.
Capt. Jones has just contracted to build a new vessel of the following dimensions: 108 feet keel, 25 1/4 feet beam, 9 1/2 feet hold, with a capacity of 240 tons.
Marine Accident.--The Propeller Westmoreland left here Saturday afternoon, and after proceeding a short distance the head of the cylinder of her engine was knocked off by the piston, striking it with great violence in consequence of the crank pin giving away. She was towed into port by the Pacific, and has gone into winter quarters at Haskin & Hadley's Warehouse. The Captain estimates her damage at over $1,500.
She had on board 16,000 bus. corn for Walker & Son, 35 kegs butter and 135 hides for W. P. Swift of Chicago, and 1,074 bels. flour for Hoover & Medbury of this city.


THE Vale of Berkeley Railway (VofBR) project put on a good display of restored stock at the Gloucestershire Vintage & Country Extravaganza, South Cerney airfield, from August 3-5.
Class 03 No. D2069 was present along with two Wickham rail trollies: Type 27A MkIII No. 7509 of 1956, restored in green, and diminutive 8S-type No. 156W (Wickham 4165 of 1948).
The latter, owned by Peter Nicholson, is on long-term loan to the VofBR, and has been undergoing extensive restoration from near scrap condition by volunteers since arrival at Sharpness in February 2017.
It is nearly complete, apart from engine ancillaries and some control levers, and has been a full nuts-and-bolts restoration.


Wellington WinchelseaWellington was under enormous political pressure as Prime Minister throughout 1828 and 1829.
This centred on the proposal to grant emancipation to Irish Catholics when faced with the threat of civil war in Ireland, and which provoked fierce political controversy across the nation and among Wellington's Tory colleagues.
Daniel O'Connell's Catholic Association led the popular movement for reform in Ireland and the crisis came to a head with the County Clare by-election of July 1828 when O'Connell was elected but debarred from sitting as an MP on account of his religion.
The Duke, hitherto a critic of emancipation and generally suspicious of popular reform, eventually recognised the urgent need for change, concurring with his more progressive Home Secretary, Sir Robert Peel, who wrote that 'partial concessions would be of no use: they would give power to the Roman Catholics without giving satisfaction'.
One of Wellington's chief political opponents was George Finch-Hatton, the 10th Earl of Winchilsea (1791-1858). A political firebrand and a staunch defender of the protestant party, Winchilsea was also a vocal critic of O'Connell and was especially hostile to Catholic emancipation.


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Q: Groovy class files not included in deployment I have two java projects, A and B, A depends on B. In project B I've added a groovy class (Foo.groovy) and a java class (Bar.java) that uses the groovy class. In MyEclipse, Foo.class is in bin-groovy, and I can run things from MyEclipse just fine. However, when MyEclipse deploys project A to tomcat, it does not include the Foo.class file so Bar.java can't run. If I manually copy Foo.class to tomcat, it works just fine. Is this just a MyEclipse issue? It's driving me crazy because all that needs to happen is to have the .class files from the groovy classes get included on a deploy, it seems like that should be an easy configuration, but I have not found a solution for this yet.

A: *

*Where are the missing files in the source structure?  Are they in grails-app or src/groovy?

*When you deploy via CL what happens (i.e. grails war or similar command)

redpajama_set_name: RedPajamaStackExchange


The powerful earthquake that struck Baja California and the southwestern United States in April actually moved an entire California border city, NASA radar images show.
Calexico, Calif., near the U.S.-Mexico border, moved as much as 2 1/2 feet (80 cm) south and down into the ground due to the magnitude-7.2 earthquake on April 4.
Called the El Mayor-Cucapah earthquake, the temblor was centered 32 miles (52 km) south-southeast of Calexico and was the strongest quake to strike the region in nearly 120 years. Two people were killed and hundreds more were injured.
It's not the first time a town has moved. The massive 8.8-magnitude earthquake that struck Chile earlier this year moved the city of Concepción at least 10 feet (3 meters) to the west. That quake was the fifth most powerful temblor in recorded history.
Another example of how quakes move as well as shake: In the 6.9-magnitude 1989 Loma Prieta earthquake, which occurred along the San Andreas Fault in southern California, the Pacific plate moved 6.2 feet (about 2 m) to the northwest and 4.3 feet (1.3 m) upward over the North American plate.
Powerful earthquakes can also shift the Earth's axis, changing the length of our planet's days. The Chile quake, for example, shortened the length of an Earth day by 1.26 microseconds.
NASA discovered Calexico's comparatively short move by making radar sweeps over the quake-affected region in a Gulfstream-III jet outfitted for science flights.
The aircraft flew 41,000 feet (12,496 meters) above the fault system responsible for the earthquake and recorded how the quake deformed the Earth's surface using the Uninhabited Aerial Vehicle Synthetic Aperture Radar (UAVSAR) developed by NASA's Jet Propulsion Laboratory in Pasadena, Calif.
The biggest land shift caused by the April 4 earthquake was also about 10 feet (3 m). But that occurred well south of the Mexican border, beyond the reach of NASA's airborne radar flight campaign. Radar instruments on Japanese and European satellites, however, managed to record those effects, researchers said.
NASA has been using the radar system to map the San Andreas fault system in California from San Francisco to the Mexico border since spring 2009. The April 4 quake observations came during a campaign that ran between October 2009 and April 13, project officials said.
"The goal of the ongoing study is to understand the relative hazard of the San Andreas and faults to its west like the Elsinore and San Jacinto faults, and capture ground displacements from larger quakes," explained JPL geophysicist Andrea Donnellan, who leads the UAVSAR project to track seismic hazards in Southern California.
The El Mayor-Cucapah earthquake caused substantial damage when it struck. Since then, there have been thousands of aftershocks along related fault lines, including a magnitude-5.7 one on the Elsinore fault on June 14.
NASA researchers are currently working to determine how far north the fault rupture that caused the quake may have reached.
"Continued measurements of the region should tell us whether the main fault rupture has moved north over time," Donnellan said.


This topic contains 3 replies, has 3 voices, and was last updated by Thor Mauthe 3 years, 11 months ago.
Working to finish up the install of my son's Mini Swift. I'm trying to figure out how to mount the air box. I've got it on attached to the engine but I'm drying to figure out how to secure the air box to the frame or engine to keep it from moving. Any advice?
Cut a piece of fuel line a little shorter than the distance below the mounting tab of the airbox to the chassis tube, then insert one end of a wire tie through the fuel line and around the chassis tube then back through the fule line, then put the wire tie end through the mounting hole and into the locking end of the wire tie and tighte down, now its firmly held in place.


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Persée délivrant Andromède est un tableau du peintre de la Renaissance italienne Piero di Cosimo, réalisé en 1510 ou 1513, exposé au musée des Offices de Florence en Italie.

La peinture est mentionnée en 1568 par Giorgio Vasari, qui indique qu'elle a été commandée par Philippe Strozzi l'Ancien, et donnée par son fils Giovanni Battista Strozzi à , membre du personnel de Cosme  Médicis.

Description
L'œuvre dépeint le héros de la mythologie Persée tuant le monstre qui avait piégé Andromède. Piero a donné beaucoup d'attention à l'arrière-plan, peut-être inspiré de l'école flamande, contemporaine de son époque : parmi les détails, notons les deux personnages avec un turban sur la gauche, des peintures très détaillées de l'eau sur le rivage, la présence du fantastique, et les instruments de musique.

Références

Voir aussi

Bibliographie

Liens externes

Tableau de Piero di Cosimo
Tableau des années 1510
Renaissance italienne
Andromède dans la peinture
Persée dans la peinture
Noirs dans la peinture
Œuvre conservée à la galerie des Offices

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I'm 9 months pregnant and it's most likely my last pregnancy. I am a whale, every position is uncomfortable, my skin is itchy and I'm SO done sharing my body. But at the same time, I know I will miss feeling the little baby kicks. I will miss my toddler kissing my belly. I will miss all the twinkly smiles of strangers. I know even more sleepless nights are to come and I will be even less mobile with a newborn attached to me. I don't want to be pregnant anymore but I also know I will miss it. How can I feel both so strongly?
It's two months after the birth of my son and I have a dentist appointment. My son is high needs and not sleeping well I am so very tired. I have been anxiously awaiting a break, but on the way to drop him off, tears are streaming down my face. Driving to the dentist, I feel as if my heart has been ripped from my chest and it's sitting at my mom's house. I feel so torn wanting a break from him but also not wanting a break from him for one single second.
Maternity leave is almost over. I am looking forward to returning to the land of grown ups and a more predictable schedule. At the same time, my heart aches thinking of leaving my children and missing out on milestones.
It's bedtime for my kids. I am so ready to watch grown up tv shows and relax and enjoy the quiet. But I also miss them and want to kiss their cute squishy little faces.
Very thought provoking perspective. To miss something that is incredibly rewarding, but also brings such pain and discomfort.


Selecting the wrong credit card is a common mistake many people make. There are so many products out there that you have to first identify your needs in order to pick the one that works best for you. Next is reducing the costs associated with using that little piece of plastic.
1. Pay your balance in full: Every month, every time. It's the only way to guarantee you won't spend a cent in interest.
2. Know the interest rate on your credit card: 28% of Canadians don't know the rate they are paying, according to a 2007 survey of 4,000 Canadians by Credit Canada. Make it your business to find out.
3. Ask your bank about low-rate credit cards: If you can't pay your balance in full every month, switch to a low-rate card. All it takes is a simple phone call to your bank. These no-frills cards charge 10-12% interest, sometimes even less.
4. Ditch the retail credit cards: Some chain store cards charge upwards of 30% interest, the very top rates on the credit card heap.
5. Don't make cash advances on your credit card: The interest rate kicks in from the day you withdraw the money – there is no interest-free period. And some credit cards charge a higher interest rate for making these advances.
6. Make sure the reward program offers real rewards: If you aren't paying your balance in full every month, your rewards are being cancelled out by the interest you are paying.
7. Negotiate the annual fee: Ask your bank to waive this fee. If you're a longstanding customer with a good credit rating, you just might get lucky.
8. Know exactly when the bill is due: If you miss your credit card payment by even one day, you'll have to pay full interest for that month. And you don't need to wait until you get your statement to pay the bill – you can do that anytime.
9. Reduce the number of credit cards you have: If you aren't paying off your balance each month on all your cards, minimize the damage and carry only one card.
10. Lower your limit: Some people just can't handle having access to $10,000 or more on their credit card. If you're one of them, call your bank and simply ask to lower your limit to prevent yourself from overspending.
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Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno
N. R. Posth*, L. A. Bristow, R. P. Cox, K. S. Habicht, F. Danza, M. Tonolla, N. U. Frigaard, D. E. Canfield
Nordcee
Anoxygenic phototrophic bacteria utilize ancient metabolic pathways to link sulfur and iron metabolism to the reduction of CO2. In meromictic Lake Cadagno, Switzerland, both purple sulfur (PSB) and green sulfur anoxygenic phototrophic bacteria (GSB) dominate the chemocline community and drive the sulfur cycle. PSB and GSB fix carbon utilizing different enzymatic pathways and these fractionate C-isotopes to different extents. Here, these differences in C-isotope fractionation are used to constrain the relative input of various anoxygenic phototrophs to the bulk community C-isotope signal in the chemocline. We sought to determine whether a distinct isotopic signature of GSB and PSB in the chemocline persists in the settling fraction and in the sediment. To answer these questions, we also sought investigated C-isotope fractionation in the water column, settling material, and sediment of Lake Cadagno, compared these values to C-isotope fractionation of isolated anoxygenic phototroph cultures, and took a mass balance approach to investigate relative contributions to the bulk fractionation signature. We found a large C-isotope fractionation between dissolved inorganic carbon (DIC) and particulate organic carbon (POC) in the Lake Cadagno chemocline. This large fractionation between the DIC and POC was also found in culture experiments carried out with anoxygenic phototrophic bacteria isolated from the lake. In the Lake Cadagno chemocline, anoxygenic phototrophic bacteria controlled the bulk C-isotope fractionation, but the influence of GSB and PSB differed with season. Furthermore, the contribution of PSB and GSB to bulk C-isotope fractionation in the chemocline could be traced in the settling fraction and in the sediment. Taken together with other studies, such as lipid biomarker analyzes and investigations of other stratified lakes, these results offer a firmer understanding of diagenetic influences on bacterial biomass.
Fingerprint Dive into the research topics of 'Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno'. Together they form a unique fingerprint.
isotope fractionation Agriculture & Biology
photosynthetic bacteria Agriculture & Biology
carbon isotopes Agriculture & Biology
carbon isotope Earth & Environmental Sciences
fractionation Earth & Environmental Sciences
lakes Agriculture & Biology
isotope Earth & Environmental Sciences
bacterium Earth & Environmental Sciences
Posth, N. R., Bristow, L. A., Cox, R. P., Habicht, K. S., Danza, F., Tonolla, M., Frigaard, N. U., & Canfield, D. E. (2017). Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno. Geobiology, 15(6), 798-816. https://doi.org/10.1111/gbi.12254
Posth, N. R. ; Bristow, L. A. ; Cox, R. P. ; Habicht, K. S. ; Danza, F. ; Tonolla, M. ; Frigaard, N. U. ; Canfield, D. E. / Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno. In: Geobiology. 2017 ; Vol. 15, No. 6. pp. 798-816.
@article{3bc6b68e0bb54cea9967935b0b25d2ce,
title = "Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno",
abstract = "Anoxygenic phototrophic bacteria utilize ancient metabolic pathways to link sulfur and iron metabolism to the reduction of CO2. In meromictic Lake Cadagno, Switzerland, both purple sulfur (PSB) and green sulfur anoxygenic phototrophic bacteria (GSB) dominate the chemocline community and drive the sulfur cycle. PSB and GSB fix carbon utilizing different enzymatic pathways and these fractionate C-isotopes to different extents. Here, these differences in C-isotope fractionation are used to constrain the relative input of various anoxygenic phototrophs to the bulk community C-isotope signal in the chemocline. We sought to determine whether a distinct isotopic signature of GSB and PSB in the chemocline persists in the settling fraction and in the sediment. To answer these questions, we also sought investigated C-isotope fractionation in the water column, settling material, and sediment of Lake Cadagno, compared these values to C-isotope fractionation of isolated anoxygenic phototroph cultures, and took a mass balance approach to investigate relative contributions to the bulk fractionation signature. We found a large C-isotope fractionation between dissolved inorganic carbon (DIC) and particulate organic carbon (POC) in the Lake Cadagno chemocline. This large fractionation between the DIC and POC was also found in culture experiments carried out with anoxygenic phototrophic bacteria isolated from the lake. In the Lake Cadagno chemocline, anoxygenic phototrophic bacteria controlled the bulk C-isotope fractionation, but the influence of GSB and PSB differed with season. Furthermore, the contribution of PSB and GSB to bulk C-isotope fractionation in the chemocline could be traced in the settling fraction and in the sediment. Taken together with other studies, such as lipid biomarker analyzes and investigations of other stratified lakes, these results offer a firmer understanding of diagenetic influences on bacterial biomass.",
author = "Posth, {N. R.} and Bristow, {L. A.} and Cox, {R. P.} and Habicht, {K. S.} and F. Danza and M. Tonolla and Frigaard, {N. U.} and Canfield, {D. E.}",
Posth, NR, Bristow, LA, Cox, RP, Habicht, KS, Danza, F, Tonolla, M, Frigaard, NU & Canfield, DE 2017, 'Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno', Geobiology, vol. 15, no. 6, pp. 798-816. https://doi.org/10.1111/gbi.12254
Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno. / Posth, N. R.; Bristow, L. A.; Cox, R. P.; Habicht, K. S.; Danza, F.; Tonolla, M.; Frigaard, N. U.; Canfield, D. E.
In: Geobiology, Vol. 15, No. 6, 2017, p. 798-816.
T1 - Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno
AU - Posth, N. R.
AU - Bristow, L. A.
AU - Cox, R. P.
AU - Habicht, K. S.
AU - Danza, F.
AU - Tonolla, M.
AU - Frigaard, N. U.
AU - Canfield, D. E.
N2 - Anoxygenic phototrophic bacteria utilize ancient metabolic pathways to link sulfur and iron metabolism to the reduction of CO2. In meromictic Lake Cadagno, Switzerland, both purple sulfur (PSB) and green sulfur anoxygenic phototrophic bacteria (GSB) dominate the chemocline community and drive the sulfur cycle. PSB and GSB fix carbon utilizing different enzymatic pathways and these fractionate C-isotopes to different extents. Here, these differences in C-isotope fractionation are used to constrain the relative input of various anoxygenic phototrophs to the bulk community C-isotope signal in the chemocline. We sought to determine whether a distinct isotopic signature of GSB and PSB in the chemocline persists in the settling fraction and in the sediment. To answer these questions, we also sought investigated C-isotope fractionation in the water column, settling material, and sediment of Lake Cadagno, compared these values to C-isotope fractionation of isolated anoxygenic phototroph cultures, and took a mass balance approach to investigate relative contributions to the bulk fractionation signature. We found a large C-isotope fractionation between dissolved inorganic carbon (DIC) and particulate organic carbon (POC) in the Lake Cadagno chemocline. This large fractionation between the DIC and POC was also found in culture experiments carried out with anoxygenic phototrophic bacteria isolated from the lake. In the Lake Cadagno chemocline, anoxygenic phototrophic bacteria controlled the bulk C-isotope fractionation, but the influence of GSB and PSB differed with season. Furthermore, the contribution of PSB and GSB to bulk C-isotope fractionation in the chemocline could be traced in the settling fraction and in the sediment. Taken together with other studies, such as lipid biomarker analyzes and investigations of other stratified lakes, these results offer a firmer understanding of diagenetic influences on bacterial biomass.
AB - Anoxygenic phototrophic bacteria utilize ancient metabolic pathways to link sulfur and iron metabolism to the reduction of CO2. In meromictic Lake Cadagno, Switzerland, both purple sulfur (PSB) and green sulfur anoxygenic phototrophic bacteria (GSB) dominate the chemocline community and drive the sulfur cycle. PSB and GSB fix carbon utilizing different enzymatic pathways and these fractionate C-isotopes to different extents. Here, these differences in C-isotope fractionation are used to constrain the relative input of various anoxygenic phototrophs to the bulk community C-isotope signal in the chemocline. We sought to determine whether a distinct isotopic signature of GSB and PSB in the chemocline persists in the settling fraction and in the sediment. To answer these questions, we also sought investigated C-isotope fractionation in the water column, settling material, and sediment of Lake Cadagno, compared these values to C-isotope fractionation of isolated anoxygenic phototroph cultures, and took a mass balance approach to investigate relative contributions to the bulk fractionation signature. We found a large C-isotope fractionation between dissolved inorganic carbon (DIC) and particulate organic carbon (POC) in the Lake Cadagno chemocline. This large fractionation between the DIC and POC was also found in culture experiments carried out with anoxygenic phototrophic bacteria isolated from the lake. In the Lake Cadagno chemocline, anoxygenic phototrophic bacteria controlled the bulk C-isotope fractionation, but the influence of GSB and PSB differed with season. Furthermore, the contribution of PSB and GSB to bulk C-isotope fractionation in the chemocline could be traced in the settling fraction and in the sediment. Taken together with other studies, such as lipid biomarker analyzes and investigations of other stratified lakes, these results offer a firmer understanding of diagenetic influences on bacterial biomass.
Posth NR, Bristow LA, Cox RP, Habicht KS, Danza F, Tonolla M et al. Carbon isotope fractionation by anoxygenic phototrophic bacteria in euxinic Lake Cadagno. Geobiology. 2017;15(6):798-816. https://doi.org/10.1111/gbi.12254
University of Southern Denmark data protection policy


text:
Die Tōyō-Universität (, Tōyō daigaku) ist eine private Universität in Tokio, Japan.

Geschichte
Die Geschichte der Tōyō-Universität beginnt 1887 mit der Gründung des ersten Philosophischen Institutes in Japan, im Tempel Rinsho-in. Der Gründer des Institutes, des Shiritsu Tetsugakukan () war Inoue Enryō () (1859–1919), ein Schüler des deutschen Philosophen Raphael von Koeber. Im Jahr 1906 zog das Institut aus dem Tempel aus und wurde von Tetsugakukan in Privatuniversität Tetsugakukan, später in Tōyō-Universität umbenannt. Zu dieser Zeit konnte zwar in vielen Philosophischen Schulen in Japan die Gedankenwelt des Christentums oder des Buddhismus studiert werden, doch die Universität Tokio wie auch die später gegründeten Kaiserlichen Universitäten beruhten zunächst auf einem nichtreligiösen System.

Campus und Fakultäten
Die heutige Tōyō-Universität hat in acht Graduiertenkollegien (Graduate Schools) und acht Fakultäten (Undergraduate Faculties) ca. 29.000 Studenten (Stand 2005). Der Campus der Universität ist auf vier Städte und Präfekturen aufgeteilt:
 Hakusan-Campus in Bunkyō, Präfektur Tokio,
 Asaka-Campus in Asaka, Präfektur Saitama,
 Kawagoe-Campus in Kawagoe, Präfektur Saitama und der
 Itakura-Campus in Itakura, Landkreis Ōra, Präfektur Gunma.

Lehrangebot
Das Motto der Tōyō-Universität lautet, "Das Fundament allen Lernens ist die Philosophie". Eine Figur der philosophiefreundlichen Mumins soll diesen Grundsatz als Maskottchen für die Studierenden verkörpern.

Nur an der Tōyō-Universität wird außerhalb von Indien Indische Philosophie angeboten und in Japan bietet nur die Tōyō-Universität Chinesische Philosophie als Studienfach an.

Die Abteilung für internationalen Tourismus mit internationaler Lehrerschaft wurde 1963 gegründet und befasst sich mit der Geschichte des Tourismus in Japan.

Partnerschaften
Mit vielen Universitäten bestehen Austausch- und Kooperationsprogramme, in Deutschland mit der Philipps-Universität in Marburg und der Universität Bayreuth.

Literatur
 S. Noma (Hrsg.): Tōyō University. In: Japan. An Illustrated Encyclopedia. Kodansha, 1993. ISBN 4-06-205938-X, S. 1618.

Weblinks

 Homepage der Tōyō-Universität (engl.)Toyo University
 Das Inoue-Enryo-Center der Tōyō-Universität
 Gemälde des Gründers der Universität und Fotografie des Rinsho-In

Einzelnachweise

Universität in Japan
Private Hochschule in Japan
Hochschule in der Präfektur Tokio
Organisation (Bunkyō)
Hochschule in der Präfektur Saitama
Asaka (Saitama)
Kawagoe
Hochschule in der Präfektur Gunma
Gegründet 1887


text:
OJ EPO SE 2/2015, p159 - VI. INSTITUTIONAL MATTERS
1. Judicial status of the EPO Boards of Appeal
ES – Spain
Court of Appeal of Madrid (Section 28) of 4 of March 2013 (17/2013) – Actavis Group et al. v Merck Sharp & Dohme
Keyword: interpretation of the Convention – decisions of the Boards of Appeal of the EPO – second medical use
The Court of Appeal of Madrid upheld the claimants' challenge to patentability on the grounds of a lack of inventive step and so revoked the patent (EP 724 444). A significant point in the decision was, however, whether the claim in question was excluded from patentability pursuant to Art. 52(4) and 54(5) EPC.
The defendant had observed that, in parallel procedures, the English Court (Court of Appeal, Actavis UK Ltd v. Merck & Co) in a decision of 21 May 2008 had held that "Swiss-type" claims were allowable where novelty was conferred by a new dosage regime. Thus it followed the decision adopted by the EPO in T 1020/03. In G 2/08 the Enlarged Board had also held that such patenting was not excluded where a dosage regime was the only feature claimed which was not comprised in the state of the art. The respondents argued that national courts were not obliged to follow the criterion adopted by the EPO, citing the courts of France and Germany on the same legal issue.
The Madrid Court of Appeal saw no obstacle to the patentability of such inventions. It stated that while the decisions of the EPO were not binding, the task of promoting the harmonisation of the patent system and the need to ensure uniform application of the EPC should also be taken into account, and this was especially relevant in interpreting the scope of the exclusions from patentability. The court found that it was necessary to consider the special importance of the decisions of the boards of appeal of the EPO for the interpretation of the EPC. It noted that the Convention establishes a system similar to a jurisdictional one and the necessary independence of the boards of appeal (Art. 23 EPC). The boards of appeal also fulfilled the requirements for being considered a court or tribunal for the purposes of Art. 6 ECHR.
Editor's note: See also the judgment of 7 November 2011 (no. 317/2011) of the Madrid Court of Appeal (Chamber 28) on the status of the boards of appeal, with a similar line of argument.
2. EPO decisions, the Convention and national courts
Supreme Court (Civil Chamber) of 27 April 2011 – LEK Pharma v Warner Lambert – Atorvastatina (274/2011)
Keyword: selection inventions – relevance of the Guidelines for Examination in the EPO and decisions of the boards of appeal
The case concerned the revocation of European patent 409 281 concerning atorvastatin calcium. The calcium salt of atorvastatin is the active ingredient of a widely used cholesterol-lowering medicament.
The decision of the Barcelona Court of Appeal (Section 15) dated 18 October 2007 (see second edition "Case Law from the Contracting States to the EPC" 2004 – 2011, OJ SE 3/2011, p. 69) had declared the patent valid. In its judgment it was held that the selection patent was novel and did not depart from the general criteria developed by the EPO boards of appeal known as the "two-lists principle". Subsequently, the claimant questioned this decision before the Supreme Court on the ground that, by applying the rules of interpretation developed by the EPC, the Court of Appeal had manifestly infringed the applicable law.
The Supreme Court upheld the decision of the Court of Appeal on the issues of the patentability of selection inventions and the "two-lists principle". It also clarified the concept of implicit disclosure. A few months later, another decision of the Supreme Court dated 11 November 2011 confirmed this decision (Cinfa et al. v Warner-Lambert). Concerning the possible breach of the law, the Supreme Court pointed out that national courts were competent for declarations of nullity, but in assessing the nullity, the EPC fully applied. It noted that the case at issue was not concerned with the effects of the European patent, which were determined according to the respective national patent law of each of the contracting states (Art. 2 EPC), but with a nullity action where the applicable legal regime was that of the EPC. Accordingly, it stated that it was entirely right to consider the Guidelines for Examination in the EPO as a valuable element in assessing novelty. The Court pointed out that these criteria were applicable in interpreting key concepts of the EPC. Accordingly, the Appeal Court could not be reproached for adopting interpretative criteria applied in decisions of the boards of appeal.
Court of Appeal of Barcelona (Section 15) of 24 July 2014 – Merck & Co. v Laboratorios Alter et al. (Auto 93/2014)
Keyword: revocation of European patent – retroactive effect ("ex tunc")
The case concerned the effect the revocation of a European patent by the EPO could have on parallel national proceedings. In the case at issue, the patentee had sued a number of companies for infringement of the Spanish part of European patent 1 175 904. Revocation actions were also filed by the defendants in the same proceedings. They also started parallel opposition proceedings against the patentee before the EPO. The European patent was eventually revoked by the EPO. Subsequently, the claimant requested that the national court discontinue the proceedings on the basis of Art. 68 EPC, according to which the revocation of a patent has retroactive effect ("ex tunc") and therefore the European patent is deemed to have had no effect from the outset. The decision of the EPO on invalidity had or could have had an effect on both the infringement and the revocation actions in parallel proceedings pending before national courts. The Court of First Instance (Commercial Court No. 6 of Barcelona) ordered the discontinuation of the proceedings in view of the supervening loss of the object of litigation without awarding costs.
The Court of Appeal of Barcelona (Section 15) disagreed with the lower court on the effect the revocation of a European patent could have on national infringement proceedings. It held that the revocation of a European patent by the EPO does not have the same effect on infringement actions as in revocation actions filed before national courts. The court cited another decision taken by the same Court of Appeal dated 5 October 2012 (Rollo 720/2011), in which it was held that the decision on invalidity of a European patent by the EPO affects actions pending before the national court differently: nullity actions in parallel national proceedings are deprived of their litigation object; however, infringement actions need not suffer such an effect.
The patentee/claimant had pointed out that no legitimate interest existed in obtaining effective judicial protection in the case at issue and that a legitimate interest in obtaining a judgment should not be acknowledged solely in order to obtain a decision awarding costs. The court pointed out that an infringement action seeks a declaration that there were acts of infringement of the patent in suit. Clearly, the revocation of the patent by the EPO had an effect on the action for infringement; not, however, by depriving the action of the object of litigation and thus terminating the proceedings, but rather by establishing in the decision that no infringement was possible.
FR – France
Court of Cassation of 3 April 2012 [10-21084] – Mr G v Company R
Keyword: authority of EPO board of appeal decisions
European patent 0 106 997 was for a method for recovering metal from scrap.
Mr G was challenging the Court of Appeal's dismissal of his infringement action, and on its findings as to the scope of protection conferred by the patent, he argued in particular that the EPO board of appeal decision amending the patent was res judicata.
The Court of Cassation however held that the Court of Appeal was not bound by the board's decision or required to follow the parties' detailed pleadings. It had therefore been entitled to decide the way it did.
Paris Court of Appeal of 3 July 2013 (10/22679) – Sotira v Compagnie Plastic Omnium (Cpo)
Contested claims 1 and 4 of Cpo's French patent 9 901 175 were identical to those of its European patent, granted on 7 September 2005, which had not designated France but had been revoked by an EPO board of appeal (in T 17/09 of 19 October 2011) for lack of inventive step.
The Court acknowledged that the two patents were for the same invention, but said it was not bound by either T 17/09 or the EPO opposition division decision preceding it, and could therefore take its own decision on whether or not the claims were valid.
It then revoked claims 1 and 4 of French patent 9 901 175 for lack of inventive step.
GB – United Kingdom
Patents Court of 27 July 2012 – Virgin Atlantic Airways Ltd v Contour Aerospace Ltd and Ors [2012] EWHC 2153 (Pat)
Keyword: UK designation – non-justiciability before the English courts
An issue had been raised concerning the incorrect designation of the UK, which had not been requested.
The judge pointed out that the member states of the EPC have expressly delegated the grant procedure for European patents to the EPO. Not every decision in the grant procedure which may adversely affect the rights of an individual is capable of challenge. The extent to which the designation of the UK may be challenged in proceedings before the EPO, namely by asking the appropriate division to review its decision, represents the agreement of the contracting states on where the line is to be drawn in that respect. This does not violate the rights of the defendants under Art. 6 of the European Convention on Human Rights (following J.H. Rayner Ltd v Department of Trade and Industry [1990] AC 418 and Lenzing AG's European Patent [1997] RPC 245).
Court of Appeal of 20 December 2013 – Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) and Ors [2013] EWCA Civ 1713
Keyword: designation of states – jurisdiction
Virgin had clearly and unequivocally elected not to designate the UK when it applied for what became the 908 patent, yet, through an error, the granted patent included a UK designation. In proceedings before the EPO, the board had found in T 1259/09 that Premium (a former group company of Zodiac) had no right to seek partial revocation of the patent for non-designation of the UK in the opposition proceedings which it had commenced and had, as a non-party to the examination of the patent application, no locus to object to a grant which included the UK. In the English proceedings the High Court judge had dismissed an appeal from a decision of the UKIPO and rejected the defence to infringement that the grant of the 908 patent in respect of the UK was a nullity. This issue arose again before the Court of Appeal.
Patten LJ stated that the effect of the 908 grant and its publication was that it obtained the legal status under s. 77(1) Patents Act 1977 of a patent granted on an application under the Act. As such, the grounds upon which its validity could be put in issue in English proceedings were limited to those specified in s. 74(3) (cf. Art. 52-57 EPC), which was therefore, on its face, a complete answer to the admissibility of the defences based on non-designation; see Genentech Inc's Patent [1989] RPC 147, which rejected an attempt to challenge the validity of a patent on the ground that the requirements of s.14(5) had not been complied with and that the patent should never therefore have been granted. The Patents Act 1977 had to be construed as one with the EPC.
It was alleged this had changed with the passing of the Human Rights Act 1998. However, the Court of Appeal pointed out that, as a matter of domestic law, it was well established that municipal courts will not regard themselves as competent to enforce or adjudicate upon rights and obligations which arise out of transactions entered into between sovereign states (see e.g. Lenzing AG's European Patent (UK) [1997] RPC 245). How then were the position and functions of the EPO and its relationship with the UK through the medium of the Patents Act 1977 to be characterised in terms of "jurisdiction"?
The Court of Appeal found that, where the actions of an international body could be regarded as independent of the contracting states and were neither participated in nor adopted by the contracting state, then no legal responsibility within Art. 1 ECHR could attach to that state for the consequences of the action in question. It had been argued before the court that in the case of European patents the UK had adopted the acts and procedures of the EPO through the Patents Act 1977, which compelled recognition of patents granted by the EPO in accordance with those procedures. That created the jurisdictional link under Art. 1 ECHR and rendered the grant process in the EPO amenable to scrutiny by the English courts in collateral proceedings.
The Court of Appeal disagreed. This was not a case where the UK as a contracting state had any de facto involvement or responsibility for the examination or grant process of the 908 patent. That was entirely a matter for the EPO, which was both factually and legally independent of the Comptroller and the UKIPO in the exercise of its grant-making powers. Section 77(1) made European patents directly effective in domestic law from the date of publication in the European Patent Bulletin. The Comptroller's function was purely administrative. The fact that the powers of the EPO derived from a surrender of UK sovereign power under the EPC was insufficient to create jurisdiction under Art. 1 (see Behrami v France [2007] 45 EHRR SE10 and Boivin v 34 Member States of the Council of Europe, 9 September 2008, ECHR 2008). The delegation of power and functions to an international organisation was not of itself inconsistent with Art. 1 and the independent legal status of the organisation which the treaty created was recognised for jurisdictional purposes. The Court of Appeal did not accept that the recognition of the validity and effect of European patents under domestic law effected by s. 77 could be sufficient to create a jurisdictional link. Indeed, the court saw it as recognition by the UK of the powers of the EPO as an independently established and functioning authority. To allow the English courts to have a general power to review the validity of grants on grounds not specified in the EPC would be to undermine fatally the whole system for the grant of European patents and would constitute a breach of the UK's treaty obligations under the EPC.
Nor was Art. 6 engaged in this case except insofar as the issue of justiciability itself was required to be tried. It did not extend to creating substantive rights of challenge to the validity of 908 where none existed under existing domestic law.
NL – Netherlands
The Hague District Court of 19 December 2013 – Unilever N.V. v Procter & Gamble
Keyword: board of appeal decisions – national proceedings
Unilever was the owner of the Dutch part of European patent 1 361 172. The patent disclosed a water soluble package containing a laundry detergent for release on dissolution.
P&G US, Henkel AG & Co and Reckitt Benckiser (UK) started opposition proceedings against the patent and subsequently the patent was limited by deleting the words 'or gel' from claim 1 in the section describing the detergent as 'being a liquid or gel'. The process of producing the water soluble package was also deleted from the description, but a section on the shape of the package was added. The opposition division held the patent to be inventive over the prior art.
P&G US filed an appeal against the opposition division's decision.
In 2003 P&G had started introducing products to the market, including Ariel detergent capsules, which appeared to involve thermoforming in its production. This led to accusations of infringement, as in the proceedings at hand.
P&G submitted that the case was too complicated to be dealt with in preliminary injunction proceedings and that the potential harm to P&G's market position was very significant, with a decision from the technical board of appeal for the EPO only six months away at the time. The court decided otherwise, stating that the case was manageable and suitable for preliminary proceedings.
P&G then argued that there was a serious, non-negligible chance that the patent would be revoked by the board of appeal. The court weighed the various grounds for revocation submitted by P&G, but found these arguments unconvincing and in the light of the outcome of the opposition proceedings, decided that there was no serious, non-negligible chance that the patent would be revoked. The court thus found that the Ariel Pods infringed Unilever's patent.
Editor's note: The technical board of appeal handed down its decision in T 1799/12 on 26 March 2014, revoking the patent, because the subject-matter of the claims extended beyond the content of the parent application as originally filed.
3. Stay of national proceedings
Supreme Court of 3 July 2013 – Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46
Keyword: res judicata – stay of proceedings – concurrent proceedings
Virgin wished to recover damages for the infringement of a European patent which no longer existed in the form said to have been infringed. The board of appeal of the EPO had amended it so as to remove with effect from the date of grant all the relevant claims which it found invalid on account of prior art. Virgin claimed that it was nevertheless entitled to recover damages because before the board had issued its decision, the English courts had held the patent to be valid and rejected the prior art objection – this conclusion and the finding of validity were res judicata notwithstanding the later but retrospective decision of the board. A similar argument had succeeded before the Court of Appeal in Coflexip SA v Stolt Offshore MS Ltd (No 2) [2004] FSR 708 and Unilin Beheer BV v Berry Floor NV [2007] FSR 635 (see second edition "Case Law from the Contracting States to the EPC" 2004 – 2011, OJ SE 3/2011, p. 265). In the case now in dispute the Court of Appeal had reached the same conclusion.
According to Lord Sumption, the Court of Appeal had come to its conclusion by following a line of cases, including Poulton v Adjustable Cover and Boiler Block Co [1908] 2 Ch 430 and Coflexip, culminating in Unilin, which had held that a patentee whose patent has been held to be valid is entitled to claim damages for its infringement without regard to a subsequent revocation of the patent for invalidity which relates back to the date of grant. The real origin of the principle was Coflexip, which in his opinion was wrongly decided. In Unilin, which followed Coflexip, Jacob LJ had said that the conclusion reached was conducive to certainty both because it enabled the parties to get a final decision on validity and because any injunction against future infringements would be discharged if the EPO subsequently revoked or amended the patent. Lord Sumption found this unconvincing – the effect of the decision in Coflexip was not to introduce certainty but to make the outcome dependent on the question which of two concurrently competent jurisdictions completed its procedures first. His conclusion was rather that, where judgment is given in an English court that a patent (whether English or European) is valid and infringed and the patent is subsequently retrospectively revoked or amended (whether in England or at the EPO), the defendant is entitled to rely on the revocation or amendment on the enquiry as to damages.
Lord Sumption also observed that if he had concluded that the defendant was estopped from relying on the revocation or amendment of the patent once the court had adjudged it to be valid, that would have had important implications for the question whether UK proceedings should be stayed pending a decision in concurrent opposition proceedings in the EPO. It would have been essential to stay the English proceedings so that the decision of the EPO would not be rendered nugatory by the operation of the law of res judicata. It would have been difficult to defend the guidance given in Glaxo Group Ltd v Genentech Inc [2008] Bus LR 888 (see second edition "Case Law from the Contracting States to the EPC" 2004 – 2011, OJ SE 3/2011, p. 262) that the English court should normally refuse a stay of its own proceedings if it would be likely to resolve the question of validity significantly earlier.
In his concurring judgment, Lord Neuberger found that previous courts had not had appropriate regard to the statutory provisions relating to patents, which reflect the nature of a patent and the effect of its revocation. They had therefore treated the subsequent decision to revoke the patent as no more than a later determination by another court in other proceedings between different parties. However, the effect of the Patents Act 1977 and the EPC was that the revocation did not just have effect between different parties but retrospectively deprived the patentee of the rights which the patent had bestowed on him as against the world.
The appeal was therefore allowed and the decisions in Poulton and Coflexip overruled. The Supreme Court further considered that the guidance in Glaxo should be re-examined by the Patents Court and the Court of Appeal.
Editor's note: See next summary.
Court of Appeal of 21 November 2013 – IPCom GmbH v HTC Co Europe Ltd [2013] EWCA Civ 1496
Keyword: stay of proceedings – concurrent proceedings
This appeal concerned the circumstances in which it is appropriate for a court considering combined patent infringement and revocation proceedings to grant a stay of its proceedings pending the outcome of co-pending opposition proceedings in the EPO. In Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (see above) the correctness of the guidance on whether to grant a stay of proceedings as set out by the Court of Appeal in Glaxo Group Ltd v Genentech Inc [2008] EWCA Civ 23 (see second edition "Case Law from the Contracting States to the EPC" 2004 – 2011, OJ SE 3/2011, p. 262) was questioned by the Supreme Court in the light both of its finding that the revocation or amendment of the patent in the EPO applied retrospectively and its overturning of the res judicata principle set out in Unilin Beheer BV v Berry Floor NV [2007] EWCA Civ 364 (see second edition "Case Law from the Contracting States to the EPC" 2004 – 2011, OJ SE 3/2011, p. 265).
In the light of Virgin Floyd LJ recast the Glaxo guidance as follows:
1. The discretion, which is very wide indeed, should be exercised to achieve the balance of justice between the parties having regard to all the relevant circumstances of the particular case.
2. The discretion is of the Patents Court, not of the Court of Appeal. The Court of Appeal would not be justified in interfering with a first instance decision that accords with legal principle and has been reached by taking into account all the relevant, and only the relevant, circumstances.
3. Although neither the EPC nor the Patents Act 1977 contains express provisions relating to automatic or discretionary stay of proceedings in national courts, they provide the context and condition the exercise of the discretion.
4. It should thus be remembered that the possibility of concurrent proceedings contesting the validity of a patent granted by the EPO is inherent in the system established by the EPC. It should also be remembered that national courts exercise exclusive jurisdiction on infringement issues.
5. If there are no other factors, a stay of the national proceedings is the default option. There is no purpose in pursuing two sets of proceedings simply because the EPC allows for it.
6. It is for the party resisting the grant of the stay to show why it should not be granted. Ultimately it is a question of where the balance of justice lies.
7. One important factor affecting the exercise of the discretion is the extent to which refusal of a stay will irrevocably deprive a party of any part of the benefit which the concurrent jurisdiction of the EPO and the national court is intended to confer. Thus, if allowing the national court to proceed might allow the patentee to obtain monetary compensation which is not repayable if the patent is subsequently revoked, this would be a weighty factor in favour of the grant of a stay. It may, however, be possible to mitigate the effect of this factor by the offer of suitable undertakings to repay.
8. The Patents Court judge is entitled to refuse a stay of the national proceedings where the evidence is that some commercial certainty would be achieved at a considerably earlier date in the case of the UK proceedings than in the EPO. It is true that it will not be possible to attain certainty everywhere until the EPO proceedings are finally resolved, but some certainty, sooner rather than later, and somewhere, such as in the UK, rather than nowhere, is, in general, preferable to continuing uncertainty everywhere.
9. It is permissible to take account of the fact that resolution of the national proceedings, whilst not finally resolving everything, may, by deciding some important issues, promote settlement.
10. An important factor affecting the discretion will be the length of time that it will take for the respective proceedings in the national court and in the EPO to reach a conclusion. This is not an independent factor, but needs to be considered in conjunction with the prejudice which any party will suffer from the delay, and lack of certainty, and what the national proceedings can achieve in terms of certainty.
11. The public interest in dispelling the uncertainty surrounding the validity of monopoly rights conferred by the grant of a patent is also a factor to be considered.
12. In weighing the balance it is material to take into account the risk of wasted costs, but this factor will normally be outweighed by commercial factors concerned with early resolution.
13. The hearing of an application for a stay is not to become a mini-trial of the various factors affecting its grant or refusal. The parties' assertions need to be examined critically, but at a relatively high level of generality.
Court of Appeal of 11 March 2014 – Samsung Electronics Co Ltd v Apple Retail UK Ltd [2014] EWCA Civ 250
Keyword: stay of proceedings – request for limitation or revocation before the EPO
In the infringement proceedings concerning complex patents owned by Samsung, the trial judge had found the patents invalid and ordered their revocation, which he suspended pending an appeal. Samsung sought an adjournment of the appeal pending the determination of applications which it had made to the EPO for amendment of the patent claims under Art. 105a EPC ("central amendment application").
Kitchin LJ pointed out that the EPC 2000 had introduced a procedure allowing a patentee to have the claims of his granted patent limited or the whole patent revoked, for all designated states (Art. 105a EPC). This central amendment procedure was intended to be simple and quite quick. A central amendment was deemed to have effect and always to have had effect from the grant of the patent (Art. 64 and 68 EPC). The Patents Act 1977 (as amended) gave effect to these provisions in s. 77(4), which provided that an amendment of the UK designation of a European patent in accordance with the EPC was to have effect for the purposes of the Act as if the specification of the patent had been amended under it. The Patents Act 1977 therefore specifically contemplated the possibility of concurrent proceedings in the UK and in the EPO. Nor was there any prohibition on the filing of a central amendment application while infringement or revocation proceedings were pending, or in the period between a first instance judgment and appeal.
The filing and pursuit by Samsung of its central amendment application could not therefore be characterised as an abuse of process, as alleged by Apple, or indeed, an activity with which the court could properly interfere for any other reason. The recent decision of the Supreme Court in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (see above) supported this conclusion; it held that, where judgment is given in an English court that a patent (whether English or European) is valid and infringed, and the patent is subsequently retrospectively revoked or amended (whether in England or at the EPO), the defendant is entitled to rely on the revocation or amendment on the enquiry as to damages.
The cases cited before the court had all involved concurrent English proceedings and EPO opposition proceedings; the court had not yet had to deal with the effect of a central amendment made after trial. However, there was a decision of the Supreme Court of the Netherlands, Case No. C07.085HR, in which precisely this issue did arise. In that case, Scimed argued that the amendment following the central amendment application operated retrospectively. The Supreme Court agreed, holding that it was required to consider the patent in its amended form. It duly remitted the case to the Court of Appeal. Whilst the decision in Scimed was not binding upon the English court, this was a court whose decisions should be accorded considerable respect, following Schutz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16.
The fact that opposition or central amendment proceedings in the EPO were pending did not prevent a national court from considering the claims of a patent in their existing form and revoking them, even if the EPO proceedings could have saved them (Beloit Technologies Inc v Valmet Paper Machinery Inc [1997] RPC 489). However, in the instant case, the order for revocation had been suspended; and whilst that suspension remained in place the patents continued to subsist and could be amended. The court found that there was nothing in the EPC or the Patents Act 1977 which prohibited Samsung from making and pursuing its applications at this time and they would, if allowed, have retrospective effect in all designated states.
Kitchin LJ pointed out that the recent decision of the Court of Appeal in IPCom GmbH & Co KG v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496 (see above) was concerned with a different question, namely the circumstances in which it may be appropriate for a court to grant a stay of UK infringement and validity proceedings pending the outcome of concurrent opposition proceedings in the EPO. In the instant case, the court was asked to grant an adjournment on the basis that the outcome of the central amendment applications would be known in a relatively short time and very likely before these proceedings were finally disposed of. The application for adjournment was therefore granted.
Patents Court of 11 July 2014 and 24 July 2014 – Actavis Group PTC EHF v Pharmacia LLC [2014] EWHC 2265 (Pat) and [2014] EWHC 2611 (Pat) respectively
Keyword: stay of proceedings
In these two judgments the Court of Appeal guidelines for staying proceedings as revised in IPCom GmbH & v HTC Europe Co Ltd [2013] EWCA Civ 1496 (see above) were applied.
The defendant (Pharmacia) applied for a stay of validity proceedings until the final determination of parallel opposition proceedings before the EPO, which raised similar grounds of invalidity. The claimant (Actavis) opposed the application, arguing that a stay should be refused because the English proceedings would be resolved significantly earlier than the EPO proceedings, and that would provide it with reasonable commercial certainty at least in the UK and might assist in promoting settlement. In support of its application for a stay, Pharmacia offered undertakings (a) to seek expedition of the EPO proceedings, (b) not to seek an injunction against Actavis or its customers until the determination of the EPO proceedings and (c) only to seek damages of 1% of Actavis' net sales during the period from launch until the determination of the EPO proceedings if the patent was held valid both by the EPO and by the English courts.
Arnold J referred to the applicable principles as reviewed by the Court of Appeal in IPCom. It was common ground that, as stated in IPCom 5 and 6, the default option was that the proceedings should be stayed and it was for Actavis to show why a stay should not be granted.
In Arnold J's view, the competing considerations were finely balanced. However, he concluded that they favoured the refusal of a stay, the key reason being that the EPO proceedings had only just begun. Although it was likely that the EPO proceedings would be expedited, this could not be guaranteed. Even with expedition, it was likely that they would take at least three years to resolve, and could take significantly longer. By contrast, the English proceedings would be resolved in two years. Thus this was a case where the relative timings of the proceedings meant that some commercial certainty was likely to be achieved in relation to the UK market at an earlier date in the case of English proceedings than in the EPO (IPCom 8 and 10). Pharmacia's undertakings did not go quite far enough. While they did largely eliminate the commercial uncertainty during the period of the stay, and gave Actavis the positive benefit of ensuring that it could get on the market during that period rather than having to rely upon a claim under a cross-undertaking in damages, they did not address the uncertainty caused by the prospect that Actavis might be removed from the market by an injunction in, say, five years' time and might have to pay ordinary damages or account for its profits for the last two of those years. That uncertainty would inevitably have a chilling effect on Actavis' investment decisions.
Arnold J also considered that refusal of stay was supported by the possibility that an English decision might promote a settlement (IPCom 9) and by the public interest in determining the validity of the patent (IPCom 11). The risk of wasted costs was a factor that favoured the grant of a stay, but this was outweighed by the commercial uncertainty (IPCom 12).
After the judgment was circulated to the parties in draft, Pharmacia offered two additional undertakings, namely (i) not to seek an injunction in the UK against Actavis or its customers in relation to Actavis' product during the life of the patent and (ii) only to seek damages of 1% of Actavis' net sales in the UK during the life of the patent if the patent was ultimately held valid by the EPO and valid and infringed by the English courts.
After hearing further argument, Arnold J found in the second judgment that the additional undertakings offered substantially eliminated the commercial uncertainty in the UK. However, Actavis wished to launch its generic product throughout Europe and so wished to remove the commercial uncertainty caused by the existence of the patent as soon as possible across Europe. It argued furthermore that an early decision would assist in promoting settlement between the parties on a pan-European basis. Finally, according to Actavis it was clear from Pharmacia's attitude and the undertakings that it offered, that the patent was a weak one, and there was a strong public interest in the validity of weak patents being scrutinised by the courts at the earliest possible date.
Arnold J found that the matters relied upon by Actavis favoured the refusal of a stay, but, having regard to the guidance given in IPCom and taking all the factors set out in that judgment into consideration, he held that the overall balance now came down in favour of the grant of a stay.
4. Reservation to the EPC: scope of the Spanish reservation under Article 167(2)(a) EPC 1973
Supreme Court (Civil Chamber) Section) of 10 May 2011 (309/2011) – Laboratorios Cinfa et al. v Eli Lilly and Company Ltd
Keyword: reservation to the EPC – patentability of pharmaceutical products under Art. 167(2)(a) EPC – scope of the reservation
In its judgment of 17 January 2008 (see also second edition "Case Law from the Contracting States to the EPC" 2004 – 2011, OJ SE 3/2011, p. 199) the Barcelona Court of Appeal had dismissed a claim for a declaration of non-infringement and nullity in respect of claim 5 of European patent 0 454 436 on the pharmaceutical composition olanzapine on the ground that it was a patent filed prior to 7 October 1992 and ineffective because of the reservation made by Spain to the EPC. The court held that the effects of the Spanish reservation to the European Patent Convention on chemical and pharmaceutical products (Art. 167(2)(a) EPC 1973) were rendered void by the application of Art. 27(1) and 70(2) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The Supreme Court confirmed the decision of the Court of Appeal. It pointed out that the scope of the reservation to the EPC under Art. 167(2)(a) EPC, under which patents on chemical and pharmaceutical products are ineffective or revocable for the term of the patent, was not exercised to its full extent by Spain. Indeed, the reservation adopted by Spain not only did not include "food" products (only chemicals and pharmaceuticals were included), but it also did not incorporate the provision on revocability. The adopted Spanish reservation only referred to having "no effect in Spain". Accordingly, the requested revocation of claim 5 could not be allowed. The court also found that Art. 167(5), second sentence, EPC, in which it is stated that "the effect of the reservation shall continue for the term of the patent", could no longer be applied to the patents granted and valid prior to October 7, 1992, because the principle of non-discrimination under Art. 27(1) TRIPs had to prevail (patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application).
3 references found.
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Case Law of the Enlarged Board
XG 0002/08 () of 15.6.2009
General Case Law
XT 1020/03 (Method of administration of IGF-I/GENENTECH INC.) of 29.10.2004
XT 1259/09 () of 10.9.2010
OJ EPO SE 3/2015, p35 - Annex A.2 to the ADA
OJ EPO SE 3/2015, p8 - Arrangements for deposit accounts (ADA)
OJ EPO SE 3/2015, p2 - Notice from the European Patent Office dated 12 February 2015 concerning revision of the Arrangements for deposit accounts (ADA) and their annexes
OJ EPO SE 3/2015, p1 - Decision of the President of the European Patent Office dated 12 February 2015 concerning revision of the Arrangements for deposit accounts and their annexes
OJ EPO SE 2/2015, p132 - V. EUROPEAN PATENTS SUBJECT TO LITIGATION IN MULTIPLE JURISDICTIONS
OJ EPO SE 2/2015, p117 - IV. PRIORITY
OJ EPO SE 2/2015, p89 - III. CLAIMS
OJ EPO SE 2/2015, p79 - II. SUFFICIENCY OF DISCLOSURE
OJ EPO SE 2/2015, p11 - I. PATENTABILITY


text:
Court marshals seize Alexey Navalny's Moscow apartment
Source: Kira Yarmysh
Court marshals have seized the apartment opposition figure Alexey Navalny owns in Moscow.
According to his press secretary Kira Yarmysh, the seizure is in connection to the debt owed to the company "Moskovsky Shkolnik," which successfully sued Alexey Navalny, the Anti-Corruption Foundation (the FBK), and FBK lawyer Lyubov Sobol for roughly 88 million rubles (about $1.14 million by today's exchange rates) in compensation over damages to its business reputation in October 2019.
Yarmysh claims that court marshals announced a ban on registry actions on Navalny's share in the apartment on August 27. "This means the apartment can't be sold, donated or mortgaged," she explained. Navalny's accounts have also been frozen.
Accounts belonging to Sobol and the FBK have been frozen in connection to the claim in the past.
In early 2019, the FBK published an investigative report stating that Kremlin-linked catering magnate Evgeny Prigozhin owns "Moskovsky Shkolnik" (he denies this) and accused the company of spreading dysentery in Moscow kindergartens and schools in December 2018.
Moskovsky Shkolnik sued Navalny, Sobol, and FBK in civil court for 500 million rubles ($6.5 million) in damages to its business reputation. In October 2019, a court awarded the company roughly 88 million rubles. The ruling was so massive that Navalny announced in July 2020 that FBK would be forced to liquidate and reopen as a new legal entity called the Rights' Defense Foundation.
In August 2020, Evgeny Prigozhin acquired the rights to the 88-million-ruble debt awarded to Moskovsky Shkolnik. According to a statement by the Prigozhin-affiliated "Concord" catering company, Prigozhin bought the debt with the intention of "reducing this group of dishonest people to pennilessness and shoelessness."


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text:
SUNY Poly Nanoscale Engineering Senior Justin Nhan Shares Experience Contributing to 2nm Technology
The recent news that IBM has produced computer chips with components that are only 2 nanometers in size reverberated around the globe in May 2021. IBM researchers at the Albany Nanotech Complex developed the groundbreaking chip architecture, and SUNY Polytechnic Institute nanoscale engineering student Justin Nhan, now a senior, is thrilled to have been involved in the effort as a result of SUNY Poly's educational partnerships that provide unmatched hands-on learning in this exciting, innovative sector.
"I have been working with TEL Technology Center, America, LLC (TEL) as part of their internship program for about three months," Nhan explained. "I ran specific processes and altered parameters within the process recipe on our TEL tool."
Those processes played a role in the development of the technology, which can hold 50 billion transistors on a chip the size of a fingernail. "I was ecstatic when I found out I had contributed to IBM's 2nm chip breakthrough! This development has a crucial impact on our everyday lives, as semiconductor chips are found in all the electronic devices we use each day, such as computers, automobiles, phones, and more. Being able to take part in this experience is important to me because it enables me to apply the knowledge I have learned from my courses at SUNY Poly to real world applications."
As a student at SUNY Poly's College of Nanoscale Science and Engineering, Nhan said his path overall has been very rewarding, from engaging in cutting-edge research with professors to working on industry-leading research with renowned semiconductor companies, such as his current internship with TEL. "Through these special opportunities, I have gained many valuable experiences that will advance me in my future endeavors. It is gratifying to see the research I have done and how it has a direct impact in the field that I am majoring in!"
In addition to the proximity to leading global semiconductor-focused companies at SUNY Poly's Albany campus, Nhan said, "I love being a student at the College of Nanoscale Science and Engineering because of the great professor to student ratio. It allows for closer interactions between the students and professors and gives students the opportunity to do cutting-edge research with the professors. These amazing opportunities enable students to gain many valuable hands-on experiences that other colleges do not offer."
The inspiring experience left Nhan knowing he has an exciting future ahead in semiconductor research and development, built on a strong foundation. He has made the President's List for Academic Excellence each semester since he began as a first-year SUNY Poly student. He has also taken part in the Summer Undergraduate Research Program (SURP) and, as the first author on his SURP project poster, he received a 2019 seed grant award for the project, "Synthesis & Utilization of Chemical Detectors."
In addition, SPIE recently published a research paper for which he was first author, "Modeling the Acid-Catalyzed Cleavage of Carbon-Oxygen Bonds." He participated in and presented his related SPIE poster and slides during the SPIE Advanced Lithography conference.
Ask Nhan about his SUNY Poly education and he shares his gratitude for how it has helped him get where he is, along with his thanks for his colleague and family's support. "I was thrilled when my TEL manager, Cory Wajda, and mentors, Daniel Newman and Dina Triyoso, gave me the chance to work on this project. As an intern, I greatly appreciate these opportunities that TEL provides. I would also like to thank SUNY Poly professor Dr. Robert Brainard, colleague Michael Murphy, and the loving support from my father, Matthew Nhan; my mother, Jenny Liu-Nhan; and sister, Kelly Nhan."
Graduate Student Q + A: Garrett Hassard, Accounting, B.S. '20


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Fellows Breakfast with Fiona Hill
October 22nd, 2021 8:00AM -9:00AM
The November Fellows Breakfast with Fiona Hill*.
*This event is only open to 2021-2022 Fellows.
The World Affairs Council Fellows Program offers a unique professional development opportunity to a small group of greater Seattle's business and community leaders. The Fellows convene monthly for breakfast discussions with carefully selected high-caliber international experts who offer unparalleled insight into current global issues, in addition to meeting throughout the year for additional Council events and dedicated networking opportunities.
Fiona Hill is the Robert Bosch senior fellow in the Center on the United States and Europe in the Foreign Policy program at Brookings. She recently served as deputy assistant to the president and senior director for European and Russian affairs on the National Security Council from 2017 to 2019. From 2006 to 2009, she served as national intelligence officer for Russia and Eurasia at The National Intelligence Council. She is co-author of "Mr. Putin: Operative in the Kremlin" (Brookings Institution Press, 2015).
Prior to joining Brookings, Hill was director of strategic planning at The Eurasia Foundation in Washington, D.C. From 1991 to 1999, she held a number of positions directing technical assistance and research projects at Harvard University's John F. Kennedy School of Government, including associate director of the Strengthening Democratic Institutions Project, director of the Project on Ethnic Conflict in the Former Soviet Union, and coordinator of the Trilateral Study on Japanese-Russian-U.S. Relations.
Hill has researched and published extensively on issues related to Russia, the Caucasus, Central Asia, regional conflicts, energy, and strategic issues. Her book with Brookings Senior Fellow Clifford Gaddy,"The Siberian Curse: How Communist Planners Left Russia Out in the Cold," was published by Brookings Institution Press in December 2003, and her monograph, "Energy Empire: Oil, Gas and Russia's Revival," was published by the London Foreign Policy Centre in 2004. The first edition of "Mr. Putin: Operative in the Kremlin" was published by Brookings Institution Press in December 2013, also with Clifford Gaddy.
Hill holds a master's in Soviet studies and a doctorate in history from Harvard University where she was a Frank Knox Fellow. She also holds a master's in Russian and modern history from St. Andrews University in Scotland, and has pursued studies at Moscow's Maurice Thorez Institute of Foreign Languages. Hill is a member of the Council on Foreign Relations.
When: October 22nd, 2021 8:00AM -9:00AM


* Prohibition edit the map!
You did not give us a field to own. This is a problem if you are playing on hard. If you could fix this I would love to play the map. Thank you and sorry for the negative comment and if I missed something when looking at the map sorry.