Risk of childhood obesity can be predicted at birth

At risk of obesity or just big boned? A new tool that calculates a baby's risk of becoming obese may settle the matter at birth. The creators of the tool hope that it will encourage parents to take early action to improve their children's health.

To develop their tool, Anita Morandi at the University of Verona in Italy and colleagues analysed data from 4032 people born in Finland in 1986.

They were particularly interested in which factors were most predictive of actual obesity. These factors included body mass index (BMI), birth weight, whether the mother smoked during pregnancy and her occupation.

They then tested the formula they derived, the "obesity risk calculator", on birth data from 1503 Italian children now aged 4 to 12 and from 1032 US children aged 7. About 75 per cent of the babies predicted to be at the highest risk of obesity actually became obese.

Harmful predictions?

The tool could be used to identify children who have almost no risk of developing child obesity, says Morandi. The remaining children will have varying degrees of risk, she says, but every one of them would be "an appropriate target for focused prevention".

There are caveats though. Morandi says the formula cannot account for certain de novo genetic mutations ? genes present in the baby but not in the parents ? that may increase a child's obesity risk.

Charlotte Wright at the University of Glasgow, UK, says that roughly 25 per cent of the tool's predictions are false positives ? inaccurately predicting future obesity. Unnecessary measures might be taken with very young children, she says. "In extreme cases an inaccurate prediction could be harmful."

And many of the environmental factors that influence the risk of obesity can change over a child's life, says health researcher Joan Costa-i-Font at the London School of Economics. These can be "hard to account for", he adds.

Stigmatisation

The model seems to be accurate, says Neil Thomas at the University of Birmingham, UK. "A few predictors often carry the majority of the risk."

However, he questions how effective the tool will be in practice. For example, will it always be acceptable to get the BMI of obese parents? Stigmatisation is a problem, he says, and it can lead to those who are most at risk being excluded.

Even if you predict the risk of obesity successfully, it is not clear what measures should be taken, says Thomas. Getting people to make lifestyle changes is really hard, he says. "A lot of societal pressures work against it."

Try out the calculator for yourself.

Journal reference: PLoS One, doi.org/jvf

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Calif. storm brings intense rain, flood warnings

Women walk under an umbrella in front of the Golden Gate Bridge at the Marin Headlands in Marin County, Calif., Thursday, Nov. 29, 2012. The National Weather Service says that by late morning Thursday 1 inch of rain had fallen in several hours across the western side of the county. Much of Northern California is under a variety of warnings and advisories for rain, snow and high winds. (AP Photo/Jeff Chiu)

Women walk under an umbrella in front of the Golden Gate Bridge at the Marin Headlands in Marin County, Calif., Thursday, Nov. 29, 2012. The National Weather Service says that by late morning Thursday 1 inch of rain had fallen in several hours across the western side of the county. Much of Northern California is under a variety of warnings and advisories for rain, snow and high winds. (AP Photo/Jeff Chiu)

Dark clouds move over the Golden Gate Bridge in Marin County, Calif., Thursday, Nov. 29, 2012. The National Weather Service says that by late morning Thursday 1 inch of rain had fallen in several hours across the western side of the county. Much of Northern California is under a variety of warnings and advisories for rain, snow and high winds. (AP Photo/Jeff Chiu)

A crew from Vaccaro Tree Service removes a fallen tree along Hickory Road in Fairfax, Calif., Friday, Nov. 30, 2012. Weather officials are issuing flood warnings for much of Northern California as the second in a series of wet storms hits the state. The National Weather Service has issued a variety of warnings for heavy rain, snow, high winds and floods from the San Francisco Bay area to the Oregon border. (AP Photo/Marin Independent Journal, Robert Tong)

A crew from Vaccaro Tree Service removes a fallen tree along Hickory Road in Fairfax, Calif., Friday, Nov. 30, 2012. Weather officials are issuing flood warnings for much of Northern California as the second in a series of wet storms hits the state. The National Weather Service has issued a variety of warnings for heavy rain, snow, high winds and floods from the San Francisco Bay area to the Oregon border. (AP Photo/Marin Independent Journal, Robert Tong)

Water flies as a vehicle drives through a flooded street in Sacramento, Calif., Friday, Nov. 30, 2012. The second in a series of storms slammed Northern California on Friday as heavy rain and strong winds knocked out power, tied up traffic and caused flooding along some stretches. (AP Photo/Rich Pedroncelli)

SAN FRANCISCO (AP) ? The second in a series of storms slammed Northern California on Friday as heavy rain and strong winds knocked out power, tied up traffic and caused flooding along some stretches.

The weather also may be behind the death of a Pacific Gas & Electric worker in West Sacramento who was killed after his truck crashed into a traffic signal pole during the stormy weather.

Flights were delayed at San Francisco's airport, and in the city's affluent Pacific Heights neighborhood, traffic was blocked for hours after a large tree crashed down, smashing a car and obstructing a busy street.

A flash flood watch will remain in effect for most of the San Francisco Bay Area extending to the Santa Cruz Mountains throughout the weekend. A constant barrage of downpours could lead to standing water and overflowing drains, said Diana Henderson, a forecaster with the National Weather Service in Monterey.

The North Bay was seemingly hit the hardest, as parts of Sonoma County received more than 7 inches of rain and areas in Napa County received nearly 6 inches, Henderson said.

"It's not a super storm by any measure, but this is pretty significant," Henderson said. "We should see periods of moderate to heavy rains."

With rain expected all weekend long, Tony Negro, a contractor from Penngrove, Calif., in Sonoma County, said he is worried about water flooding his workshop.

"I'm on my way to get some sand bags," he said.

Thousands of people were without power in that area after an outage that also affected the San Francisco-Oakland Bay Bridge. The suspension span of the bridge was briefly in the dark as traffic was backed up longer than usual because of rain and strong wind gusts.

Also, a mudslide shut down a stretch of Highway 84 east of Fremont, the California Highway Patrol reported. There was no estimate on when it would reopen.

In Sacramento, an empty big-rig jackknifed in the southbound lanes and struck the median divider on Interstate 5 south of downtown Friday morning, the CHP said.

"I would definitely say it's weather-related. The reports came in that he hit a water puddle and hydroplaned and couldn't correct," CHP Officer Mike Bradley said. "A lot of high-profile vehicles, especially the lighter ones, are getting windblown and having some problems maintaining their lane."

No one was injured in the crash on I-5, California's main north-south highway. But a second vehicle also was damaged and had to be towed, while workers cleaned up diesel fuel spilled from the tractor-trailer.

In West Sacramento, police say wet conditions may have been a factor when a PG&E worker died after he lost control of his vehicle and slammed into a traffic pole. PG&E workers at the scene told KCRA-TV that the driver had been working overtime and was returning from Clarksburg in southern Sacramento County.

Henderson said rain in the region is expected to taper Saturday, but return later that night into Sunday. The storms could create the possibility of rock and mud slides in areas already saturated and affected by wildfires this summer.

In Los Angeles, conditions were wet and gloomy as downtown skyscrapers disappeared in low-hanging clouds.

Elsewhere in the West, a state of emergency was declared in Reno, Sparks and Washoe County in Nevada due to expected flooding as a storm packing heavy rain and strong winds swept through the area. Reno city spokeswoman Michele Anderson said public servants would be working overtime through the weekend to control what's expected to be the worst flooding there since 2005. The National Weather Service issued a flood warning along the Truckee River.

The weather also prompted cancellations of Christmas parades and tree lightings in Sparks and Truckee, just across the border from California.

Also, a storm rushed through southern Oregon this week, lingering inland over the Rogue Valley and dropping record rainfall. It largely spared coastal Curry County and its southernmost city, Brookings, which were still recovering from a storm this month.

"We are still vigilant for landslides and road closures and trees down, but so far ? knock on wood ? we are still good to go," Curry County Sheriff John Bishop said.

Forecasters said the region should expect more storms over the next few days.

___

Associated Press writers Haven Daley in San Francisco, Don Thompson in Sacramento, Calif., John Antczak in Los Angeles, Hannah Dreier in Las Vegas, Jeff Barnard in Grants Pass, Ore., and Tim Fought in Medford, Ore., also contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-11-30-California%20Storm/id-87a1f83046464f1794797f7035ee24d2

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Cisco to buy privately held network software co

(Reuters) - Cisco Systems Inc said it will buy privately held network traffic-management software maker Cariden Technologies Inc for about $141 million in cash.

Cariden will be integrated into Cisco's service provider networking group unit, Cisco said.

California-based Cariden supplies network planning, design and traffic management solutions for telecommunications service providers.

This is Cisco's third acquisition in November. Earlier this month Cisco said it will buy privately held cloud networking company Meraki for $1.2 billion in cash as part of its cloud and networking strategy.

Cisco shares were slightly up at $18.91 in trading before the bell on Thursday after closing at $18.83 on the Nasdaq on Wednesday.

(Reporting by Supantha Mukherjee and Chandni Doulatramani in Bangalore; Editing by Akshay Lodaya)

Source: http://news.yahoo.com/cisco-buy-privately-held-network-software-company-132112547--finance.html

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Dog Backpacking - Exercise - MensJournal.com

Courtesy Ruffwear / Ben Moon Foto

Dog Backpacking

Whether a teacup poodle or a Saint Bernard, dogs of any breed need regular exercise beyond a quick scoot out the back door a couple times a day for a peremptory pee. Most of us simply don't have the spare three to four hours a day to properly walk and exercise our pups. For many dog owners, a typical day includes a short walk in the morning, perhaps a 30-minute walk midday (often by hiring a dog walker), and then a longer walk in the evening. This schedule isn't necessarily bad, but many dogs plain need more exercise in order to maintain their health and just to expend all their energy. Beyond that, certain high-energy breeds will often get frustrated and act out if they aren't stimulated properly by exercise as well. One solution, then, is what we call backpacking: The idea is to give your pooch a modest load to carry to maximize the effect of the exercise they do get (if your dog is old, out of shape, or injured, consult a veterinarian before attempting an exercise regimen).

To get started, try Ruffwear packs, which are sort of like saddlebags for dogs, and let you add weight to pouches on the sides. The age and relative health of your dog are determining factors in how much weight you'll use in the pack, but as a hard and fast safety rule, you should never exceed 20 percent of your dog's body weight. So, for instance, a 50-pound dog should never have more than 10 pounds of weight in its pack. The fun part is coming up with items to use as weights: You can add water bottles, soup cans, 'Harry Potter' books, water, snacks or even a cell phone. Or, for more precision, simply order small one-pound weights online.

As with humans, your dog can be seriously injured if you don't ramp up the weights slowly, so start with a small amount, say, two pounds for the aforementioned 50-pound dog. Walk your dog for a week or two and then add another increment to the pack. Then go another two weeks, and continue this process until you reach the desired or maximum weight for your dog. This will allow your pet to properly adjust and get used to balancing the weight without putting too much strain on its joints. After that, you can introduce Fido to stairs or steep hill runs (make sure your pack is on nice and tight so it doesn't slip off on an incline). Besides helping maintain fitness levels or tiring out high-energy dogs, animals that suffer from arthritis, hip dysplasia, and other joint and muscle ailments may see improvement as well, and live a happier, healthier life.

Source: http://www.mensjournal.com/health-fitness/exercise/a-workout-fit-for-the-dogs-20121129

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REWIND: International Business News #46

?

• As part of their restructuring, four Spanish banks will soon receive a bailout payment from the European Commission (EC) totaling US $48 billion. The banks, BFA/Bankia, NCG, Catalunya Bank and Banco de Valencia, are expected to implement thousands of layoffs as part of one of the EC?s requirements for restructuring. The funds will be disbursed by the European Stability Mechanism, ?a permanent international financial institution that assists in preserving the financial stability of the European Union monetary union by providing temporary stability support to euro area Member States.? The restructuring/funding initiative will lead to the? integration of Banco de Valencia into Caixabank, and a cut in the balance sheet of each of BFA/Bankia, NCG, and Catalunya Bank by more than 60 percent over the next five years. Notwithstanding this bailout, some experts posit that the Spanish banking industry will need further bailout funding in the future.
• BP has been temporarily suspended from further federal contracting by the U.S. Environmental Protection Agency.? The move comes after the EPA expressed concern that BP exhibited a lack of business integrity after the Deepwater Horizons oil platform explosion and subsequent oil spill that led to mass-scale pollution throughout the Gulf of Mexico in 2010.? Earlier this month, BP agreed to pay US $4.5 billion in connection with a guilty plea to criminal charges that arose out of the environmental disaster. The EPA said the suspension was ?standard practice when a criminal case raises responsibility questions about a company.?? Some have expressed the concern that the ?suspension could threaten BP?s dominance in the Gulf of Mexico where it is one of the largest producers of oil and natural gas and ? hamper BP?s ability to maintain its position as a top supplier of jet fuel and other refined products to the U.S. military.? Coupling these concerns with the fact that there does not appear to be a set timetable for when the suspension will be lifted, one might expect to see an impact on the per share price of BP stock. But, through Wednesday afternoon, the per share price did not appear to be materially affected.
• Smith & Nephew is set to acquire substantially all of the assets of Healthpoint Biotherapeutics, a business that is involved with bioactive debridement, dermal repair and regeneration wound care treatments.? According to Smith & Nephew CEO Olivier Bohuon, the acquisition, which carries a purchase price of US $782 million, gives Smith & Nephew a ?strong position in the fast growing area of bioactive wound care treatment.? ?The global advanced wound care market was estimated to be $6.7 billion in 2011? and is expected to experience continued growth into the next decade.
• John Lechleiter, who is both the Chairman of the industry group Pharmaceutical Research and Manufacturers of America (PhaRMA) and the CEO of Eli Lilly & Co., is meeting with officials of the Chinese government on behalf of the industry group. The meetings will include discussions about how to make the drug approval process in China more efficient. Currently, ?China takes eight years longer on average to approve drugs than other major countries and U.S. drugmakers are looking at ways to help speed things up.?? With the ?world?s fastest-growing pharmaceuticals market,? China is a target of companies like Eli Lilly for operational and research expansion. That company ?itself plans to conduct simultaneous late-stage tests in China for products,? with the five year goal being the introduction of more than a dozen products, and the shorter term objective being a continuation of its recent annual trend of growth of 25% in sales in that country.

Source: http://www.bizwithoutborders.com/rewind/rewind-international-business-news-46/

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NASA's Cassini sees abrupt turn in Titan's atmosphere

Thursday, November 29, 2012

Data from NASA's Cassini spacecraft tie a shift in seasonal sunlight to a wholesale reversal, at unexpected altitudes, in the circulation of the atmosphere of Saturn's moon Titan. At the south pole, the data show definitive evidence for sinking air where it was upwelling earlier in the mission. So the key to circulation in the atmosphere of Saturn's moon Titan turned out to be a certain slant of light. The paper was published today in the journal Nature.

"Cassini's up-close observations are likely the only ones we'll have in our lifetime of a transition like this in action," said Nick Teanby, the study's lead author who is based at the University of Bristol, England, and is a Cassini team associate. "It's extremely exciting to see such rapid changes on a body that usually changes so slowly and has a 'year' that is the equivalent of nearly 30 Earth years."

In our solar system, only Earth, Venus, Mars and Titan have both a solid surface and a substantial atmosphere - providing natural laboratories for exploring climate processes. "Understanding Titan's atmosphere gives us clues for understanding our own complex atmosphere," said Scott Edgington, Cassini deputy project scientist at NASA's Jet Propulsion Laboratory, Pasadena, Calif. "Some of the complexity in both places arises from the interplay of atmospheric circulation and chemistry."

The pole on Titan that is experiencing winter is typically pointed away from Earth due to orbital geometry. Because Cassini has been in orbit around Saturn since 2004, it has been able to study the moon from angles impossible from Earth and watch changes develop over time. Models have predicted circulation changes for nearly 20 years, but Cassini has finally directly observed them happening - marking a major milestone in the mission.

Other Cassini instruments recently obtained images of the formation of haze and a vortex over Titan's south pole, but the data from the composite infrared spectrometer (CIRS) is sensitive to much higher altitudes, provides more quantitative information and more directly probes the circulation and chemistry. The CIRS data, which enable scientists to track changes in atmospheric temperature and the distribution of gases like benzene and hydrogen cyanide, also revealed changes in hard-to-detect vertical winds and global circulation.

Besides the evidence for sinking air, Cassini also detected complex chemical production in the atmosphere at up to 400 miles (600 kilometers) above the surface, revealing the atmospheric circulation extends about 60 miles (100 kilometers) higher than previously expected. Compression of this sinking air as it moved to lower altitudes produced a hot spot hovering high above the south pole, the first indication of big changes to come. The scientists were also able to see very rapid changes in the atmosphere and pinpoint the circulation reversal to about six months around the August 2009 equinox, when the sun shone directly over Titan's equator. The circulation change meant that within two years of equinox, some gases had increased in abundance 100-fold - much more extreme than anything seen so far on Titan.

The results also suggest that a detached layer of haze (first detected by NASA's Voyager spacecraft) may not be so detached after all, since complex chemistry and vertical atmospheric movement is occurring above this layer. This layer may instead be the region where small haze particles combine into larger, but more transparent, clumped aggregates that eventually descend deeper into the atmosphere and give Titan its characteristic orange appearance.

"Next, we would expect to see the vortex over the south pole build up," said Mike Flasar, the CIRS principal investigator at NASA's Goddard Space Flight Center in Greenbelt, Md. "As that happens, one question is whether the south winter pole will be the identical twin of the north winter pole, or will it have a distinct personality? The most important thing is to be able to keep watching as these changes happen."

###

NASA/Goddard Space Flight Center: http://www.nasa.gov/goddard

Thanks to NASA/Goddard Space Flight Center for this article.

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Source: http://www.labspaces.net/125584/NASA_s_Cassini_sees_abrupt_turn_in_Titan_s_atmosphere

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Large Hadron Collider may have produced a previously undetected form of matter

Teams at the Large Hadron Collider must be developing a knack for producing tangible evidence of theoretical particles. After orchestrating 2 million collisions between lead nuclei and protons, like the sort you see above, the collider's Compact Muon Solenoid group and researchers at MIT suspect that stray, linked pairs of gluon particles in the mix were signs of color-glass condensate, a currently theory-only form of matter that sees gluons travel in liquid-like, quantum-entangled waves. The clues aren't definitive, but they were also caught unexpectedly as part of a more routine collision run; the team is curious enough that it's looking for more evidence during weeks of similar tests in January. Any conclusive proof of the condensate would have an impact both on how we understand particle production in collisions as well as the ways gluons and quarks are arranged inside protons. If so, the CMS and MIT teams may well answer a raft of questions about subatomic physics while further justifying CERN's giant underground rings.

Filed under: Science, Alt

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Source: MIT

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How Boards Should Prepare for IoT Security - Internet of Things

The latest Forrester Report on IoT security, called ?Prepare Your Security Organisation for the Internet of Things: Why the Next Internet Revolution is Much More Alarming than the Last?, is significant on two counts.

Firstly it asserts that we really are facing a revolution - and that Chief Information Security Officers need to prepare now for the ?unprecedented data privacy and security challenge? to come.

Secondly, Andrew Rose, leader author of for the report, being a former corporate CISO himself, speaks to CISOs in their language and mindset.

The Report message is stark (?reach for your life-vests?), and, as part of a wide ranging analysis, pinpoints the six things that CISOs need to do now to prepare for the IoT revolution. Warning that ?the potential for innovation and business growth will be irresistible to most organisations?, the Report urges CISOs need to be ready at a moment's notice to discuss with senior management. The need to:

1. Create boundaries and segmentation with industrial control systems to reduce risk and create ?air gaps? to stop Stuxnet-like viral attacks spreading.
2. Focus on the physical people safety implications of the system and understand how they may be adversely impacted through interactions with other IoT systems.
3. Define security accountability and implement security checks at the machine level in an autonomous M2M (machine-to-machine) process.
4. Be aware that inconsequential personal data can become very sensitive when collated and cross-referenced and ensure measures are put in to guard against this risk.
5. Anticipate future EU privacy control legislation adopting opt-out ?right to be forgotten? clauses so prepare now to build opt-out functionality into systems.
6. Remember that the ?I? in IoT ?is for Internet?, so to be sure to design out traditional Internet security vulnerabilities.

This Report is timely as conference organisers plan their agendas for 2013 - security was very much an after-thought in the many IoT related conferences I went to this year.

Source: http://blogs.computerworlduk.com/internet-of-things/2012/11/what-boards-need-to-know-about-iot-security/

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Hitched: Don't Have Sex On Your Wedding Night

I remember climbing into Patrick?s pick-up truck in a fog of glittering sparklers. I remember noting that there was a giant penis shoe-polished on to the passenger side window. I remember taking an Instagram of us driving the few blocks back to our hotel. I remember being very excited about getting my shoes off.

And I remember being so, so exhausted. After our wedding, as soon as we got back to the hotel, I put on my tent-iest, most shapeless dress and some comfy Toms, curled up on the couch and said an enthusiastic ?Yes!? to my favorite question, which is: Do you want a beer?

We?d stocked up the suite?s fridge with beverages and invited anyone who wanted to after-party with us to stop by post-reception. In the weeks before the wedding, I thought we might have something of a post-wedding rager with all our out-of-town friends and really get to sit down and hang out and talk, the way you really can?t do at a wedding reception.

I was wrong. I was the tiredest, sleepiest person who had just made a lifetime commitment to the man of her dreams ever.?I really wanted to see all my old (and new!) friends. I really wanted to hear all about how the second floor of our hotel appeared to be hosting an extremely snazzy dance party. But mainly, I wanted to go to sleep.

So that?s what I did. I told everyone I was super sleepy and thank you for coming, but there is a bed with my name on it and I?m going to go get in it with my new husband. It was my last act of ?It?s my wedding day, I get to call the shots.? I looked with longing at the bottle of Johnnie Walker Black, unopened on the table. I told myself its time would come.

I, however, would not come. Not that night. Not on my wedding night. Because sex sounded like the most exhausting hassle. It sounded like something I should do and not much like something I wanted to do right that second.

Maybe I am the worst wife ever for not wanting to have a six-hour post-reception bone-a-thon, and my marriage is doomed because we didn?t consummate it at the first possible opportunity. I don?t care. Sleep was the release I needed.

I also knew that there was no way my over-analytical brain wouldn?t try to read something into wedding night sex. What if it was weird? What if I didn?t have an orgasm? What if we forgot how to do it? What if, what if, what if.

Wedding days are stressful and important days. They are days when people ask you an inordinate number of questions about tablecloths and mood lighting. They are not, I think, a day to imbue with the requirement that you have the best and most perfect sex of all time or else it means something.

Patrick and I were married for like, a full 14 hours before we were married married, if you know what I mean, and I think you do, because the word ?sex? is in the headline of this column. It was so nice to wake up the next morning, and have a leisurely and well-rested and pressure-free go at it.

After all, we?d lived together for over a year by the time we got married. It?s not like we were going into our wedding night blind. Tab A had Slot B pretty well figured out. It certainly wasn?t what 16-year-old Andrea, making ?True Love Waits? pledges at the church altar, had envisioned for herself.

As a teenager of the right-wing Christian variety, I prided myself on my virginity and also spent about 90 percent of my time trying to figure out ways to have orgasms with boys that didn?t involve vaginal penetration. I?m not saying it makes sense, but it was definitely a major pastime. I knew that on my wedding night, I would do that very special thing with that very special man, and everything would be just the way Jesus intended it.

Fast-forward a little over a decade, and I?m drooling on my pillow instead of at the first married sight of a penis. Things change.

You hear about people who go on no-sex-sprees in the weeks before their wedding, because they want to rev up the wedding night. I can see the appeal in that, the building of anticipation. I could jam on that. But I can also see the crushing disappointment that comes from putting so much emphasis on the successful performance of one particular activity ? a notoriously fickle and shifty one ? at one particular time. You just planned and executed what is ?supposed? to be the greatest day of all time forever in your life amen, and then you?re ?supposed? to have the craziest firework-spewing sex of all time? My ladybits clam up just thinking about it.

My advice: take a ?whatever happens, happens,? approach to getting it on that night. Really, take that approach to all things wedding-related, because shit is going to go awry. And that?s fine. It?s also fine to have high expectations. But don?t hang your future, your happiness or your future happiness on them.

Contact the author of this post at Andrea.Grimes@Gmail.com. Follow me on Twitter.

Source: http://www.thefrisky.com/2012-11-28/hitched-dont-have-sex-on-your-wedding-night/

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Basement Remodeling Northern Virginia

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Source: http://www.humansthink.com/content/basement-remodeling-northern-virginia

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Video Discovery Startup Squrl Adds Live Video Feeds And Improved ...

Video discovery is becoming a big deal, as startups seek to help users sort through the millions of videos that are now available over the Internet. But until now, the vast majority of video discovery apps have been focused mostly on on-demand video libraries. What about the growing inventory of live video streams appearing in web browsers and on mobile devices? Squrl is trying to help its users find those videos, as well, with the latest update to its iPhone and iPad app.

The newest version of its apps has a ?Live? channel that includes videos from a number of content providers. That includes live streams from Huffington Post Live, PressTV, This Week in Tech, Bloomberg TV, Russia Today, France 24, Home Shopping Network, NASA TV, The Young Turks Live Stream, Fashion TV Direct!, HMall Korea, and Al Jazeera, among others.

While some content providers ? like This Week In Tech, for instance ? run continuous live streams throughout the day, other live streams pop up when major news is breaking or during live events. Squrl will include these as well, highlighting the best coverage for trending or breaking stories. During its beta period, the app included live coverage from ABC, CBS, and the Wall Street Journal during the presidential election, as well as live streams during Hurricane Sandy.

While today, most of that content is ad-supported, Squrl sees plenty of other opportunities for live video providers to monetize: It plans to include live concerts, sports, and other events, which could be made available with a pay-per-view option.

In addition to the new live streams, Squrl has made changes to user profiles, allowing users to look in on others? activities and likes. Of course, users can change their privacy settings to not share TOO much. They can also delete activity from their feed if there are particularly unsavory videos that they don?t want their friends and followers seeing.

In addition to free, ad-supported video services like YouTube, Vimeo, AOL, and Blip.tv, Squrl also lets users log in to navigate content from subscription services like Netflix and Hulu. The new Squrl features are available on the iPhone, iPad, iPod Touch, with videos viewable on Apple TV via Airplay. The company touts average viewing session times of more than an hour, and says users who come back for recommendations watch an average of 50 percent longer.

Source: http://techcrunch.com/2012/11/29/squrl-live-video-feeds/

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MOOCs: Game-changer in higher education? Or, trouble maker ...

November 29, 2012 ? 10:28 pm

November 29, 2012

What are MOOCs?
The acronym ?MOOC? stands for ?massive open online course.? It?s ?massive? because the online courses often enroll hundreds or even thousands of students per course. They are also massively open in terms of enrollment, allowing anyone interested in learning to sign up for free, which makes them openly available.

MOOCs are already a huge hit in rural communities and developing countries where access to traditional schools or education as a whole is limited or nonexistent. MOOCs are letting people educate themselves based on what they want to learn. It provides people all around the world with access to high-quality, community-based online classes without having to travel to a college campus, sit in a classroom, and, most importantly, pay tuition fees. Currently, MOOCs are being created with massive funding from participating universities and private for-profit businesses with the intent to keep the courses free to the learners.

Who likes MOOCs?
MOOCs are attracting stay-at-home parents who want to take real classes according to their own schedule. They help high school students take some college-level courses to stay challenged and business people take MOOCs to stay abreast of developments in their field which ultimately looks good on their resumes.

What do you get from MOOCs?
Some MOOCs offer certificates for course completion and there?s talk that in the near future, MOOC learners may be able to earn an entire online degree for free by completing an approved series of courses. Even employers are beginning to look at MOOCs in their hiring decisions.

Where are MOOCs?
Here?s a list of MOOCs you can check out: http://distancelearn.about.com/od/isitforyou/tp/Top-Massively-Open-Online-Courses-Moocs.htm.

An example of a successful MOOC is Coursera, a company founded by computer science professors?Andrew Ngand?Daphne Koller?from?Stanford University.[3]?Coursera partners with various universities and makes a few of their courses available online free for a large audience. As of November 2012 more than 1,900,241 students from 196 countries have enrolled in at least one course.

Should we fear MOOCs?
Many academics worry that MOOCS will diminish the traditional face-to-face interactions students have with professors and do away with the classroom experience. They question the adequacy of the learning offered through MOOCs and whether it will take away from the well-rounded liberal arts education provided in undergraduate programs by encouraging students to become more skills-based in their studies. They?re also concerned that this style of learning will create fewer scholars or experienced instructors. And though MOOCs are currently free, it is possible that the very groups which have been creating the courses may begin charging for them once the market for this alternative mode of study has been proven successful. I think the biggest fear with MOOCs is with more people enrolling in these on-line courses, the traditional options of higher education may become fewer and even obsolete.

What do you think?

(For an interesting debate about MOOCs, check out this interview on KCRW?s ?To the Point.?)

The Frustrated Evaluator
www.acei1.com

Source: http://academicexchange.wordpress.com/2012/11/29/moocs-game-changer-in-higher-education-or-trouble-maker/

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Indie Ogden Guide to Northern Utah State Parks

Did you know Utah has 43 state parks? And?that?s?just the STATE parks, we are also home to some well known National parks and thousands upon thousands of acres of National Forrest land. The Utah state parks manage?43 state parks ? from Bear Lake State Park at the Utah/Idaho border to Edge of the Cedars State Park Museum deep in the Four Corners region, and everywhere in between. Whats often NOT know is that the state parks?also administer the Utah off-highway vehicle, boating, and trails programs. The State Parks department work to provide access to waterways and trails, and promote education, safety, and resource protection.

Parks are important to our health. I truly believe this.?Recreation and leisure activities can help alleviate depression. Participating in recreation activities also reduce alienation,?loneliness and isolation, all of which contribute to depression. Recreation provides a social atmosphere that?draws people out of their houses and into community life. Physical activity and recreation can increase our self confidence, quality of life, and allow us to ?unplug? from our day to day lives. Recreating in State Parks?brings neighbors together, encourages safer, cleaner?neighborhoods and creates a livelier community atmosphere. Parks and recreational facilities also help improve a community?s image, socioeconomic status and enhance the area?s desirability.?Here?s another cool thing the parks provide: The economic benefits of State parks -?http://stateparks.utah.gov/about/economicbenefits

Open space, park and recreation areas are an ideal medium for encouraging and developing stronger stewardship of the land. People who enjoy outdoor recreation become more familiar with natural resources and the
environment. This increased knowledge helps them understand how their personal actions can affect the environment. Further, the parks encourage volunteerism.?The National Park Service, for example, had 125,000 volunteers contribute?4.5 million hours of service, valued at over 72 million dollars (NPS, 2002). The dedication and pride that people have for?parks and recreation areas leads to increased interest and involvement in other aspects of the community.

So, now that we know some of the amazing things the parks can do for us? here are the ones closest to Ogden- and a bit more about them. Here we go, from North to South, the closest Parks (by car) from Ogden!

Bear Lake State Park?

I?ve camped here myself, and its one of our families favorite weekend trips. Bear lake is often called the ?Caribbean?of the?Rockies? and I see why. Its bright blue waters, and shallows which warm and allow for comfortable swimming, make Bear Lake an ideal vacation spot. Bear lake has something for everyone, swimming, fishing, water-sports, sailing, even scuba diving! The campground is on the beach,?separated?by a line of trees and brush ? it can be a bit buggy so bring some spray, aside from that its absolutely LOVELY! The town of Garden City has cute little shops, several?restaurants, and a KOA Grocery store and True Value hardware store for any shopping needs you may have.

Bear Lake State Park
1030 N Bear Lake Blvd
Garden City, UT 84028
435-946-3343 ? main park number
801-322-3770 ? camping reservations
800-322-3770 ? toll-free camping reservations
parkcomment@utah.gov

Hyrum Reservoir State Park

image via Go-Utah.com

I?m going to be honest- until a few weeks ago, I?didn?t?even know Hyrum Reservoir existed- and I am a huge fan of the parks! I thought I had seen them all up here, turns out I was wrong.?Hyrum State Park offers many recreation opportunities including fishing, boating, and camping. Surrounded by tall, shady trees, Hyrum provides an excellent place for an afternoon picnic, or spend the whole weekend trolling on the lake catching yellow perch, rainbow trout, bluegill, and largemouth bass.

Hyrum State Park
405 West 300 South
Hyrum, UT 84319
435-245-6866 ? main park number
801-322-3770 ? camping reservations
800-322-3770 ? toll-free camping reservations
parkcomment@utah.gov

Willard Bay State Park

Boat, swim,?water-ski? and fish on the warm waters of Willard Bay. Camp under tall cottonwood trees that frame the night sky. Anglers fish for walleye, channel catfish, black crappie, and wipers. During winter months, Willard Bay is a wildlife watching area for nesting eagles. Two areas, North and South Marinas, offer all the amenities for a weekend at the bay. Willard Bay?s camping sites are shady but may be buggy, so bring spray.

Willard Bay North Marina
Select a day-use cabana on the beach, launch your boat, and pick the perfect campsite with full hookups at the North Marina.

Willard Bay South Marina
This boat launching and camping area offers modern facilities for overnight and day-use.

Willard Bay State Park
900 West 650 North #A
Willard, UT 84340-9999
801-782-2321 ? entrance gate
435-734-9494 ? main park number
801-322-3770 ? camping reservations
800-322-3770 ? toll-free camping reservations
parkcomment@utah.gov

Antelope Island State Park

Antelope Island in the Winter, image via ScenicUtah.com, by photographer Ray Boren

Antelope Island State Park is the largest island in the Great Salt Lake. View a free-roaming herd of 500 bison, and pronghorn and bighorn sheep that share the rangelands. Hike, mountain bike or horseback ride along backcountry trails for spectacular views of Great Salt Lake and island scenery. Check in at the visitor center for maps and information on the island?s unique biology, geology and history. You can plan your trip to coincide with one or a few of the?fun and educational events?they offer throughout the year ? ?which include campfire programs, historical activities at Fielding Garr Ranch, star parties, Junior Ranger programs for children, and art and photography exhibits. Check out their?event calendar?frequently for new additions. Antelope Island also offers camping at Bridger Bay.

Horseback riding is available all year long.?Schedule your riding adventure online?at least 48 hours in advance or by calling (888) 878-8002.

Antelope Island State Park
4528 West 1700 South
Syracuse, UT 84075
801-773-2941 ? main park number
801-322-3770 ? camping reservations
800-322-3770 ? toll-free camping reservations
parkcomment@utah.gov

Now, you?ve noticed on the bottom of the map there I?ve included a few more parks- these are a bit further away but well worth the trip. Click the links to learn more about these parks and the amazing things they offer!

East Canyon

Great Salt Lake Marina

East Canyon

Historic Union Pacific Trail?

Rockport

& This is the Place Heritage Park

Related posts:

1. Indie Ogden?s Guide to Northern Utah Getaways
2. Indie Ogden Spotlight ? Haunted Ogden: A Ghostly Guide to Utah?s Spookiest City
3. Did You Know?
4. A Mama?s guide to local parks
5. Indie Ogden?s Guide to Easter Fun!

Source: http://indieogdenutah.com/2012/11/indie-ogden-guide-to-northern-utah-state-parks/

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Veterans sue railroad over fatal crash in Texas

LUBBOCK, Texas (AP) ? Two Army veterans and their wives on Wednesday sued the railroad company whose train hit a truck carrying veterans and their spouses during a parade in Texas.

Four veterans of Iraq and Afghanistan were killed and 16 more people were injured in the Nov. 15 collision. They had been riding on a flatbed truck in the parade organized to honor wounded veterans for their military service and were in the process of crossing the tracks when the crash happened. Officials have said the truck entered the crossing after the warning signals began sounding.

The lawsuit was filed by Richard Sanchez and Todd King and their wives, but one of their attorneys said he expects other veterans to join it. He said the lawsuit was filed with just two couples because steps needed to be taken quickly to preserve evidence.

The lawsuit claims negligence and recklessness on the part of Union Pacific Railroad Inc. and Smith Industries Inc., the company that owned the truck, led to the collision. It was filed in Midland, where the crash happened.

The veterans have not asked for a specific amount in damages because their "No. 1 desire is that no accident like this ever happens again," said Bob Pottroff, one of the attorneys representing the two couples.

The lawsuit claims the railroad was negligent in 28 ways, including failing to provide reasonable and timely audible and visual warning of the approaching train and failure to provide a safe railroad crossing. It also says the train did not brake or otherwise attempt to slow and the railroad hadn't fixed what it claims are hazardous conditions posed by the road grade.

Union Pacific spokeswoman Raquel Espinoza-Williams said the company would not comment on the lawsuit specifically, but she noted in an email that federal investigators have already determined the truck moved onto the tracks after the red flashing lights and bells activated.

"Disregarding active warning signals is extremely dangerous, and we urge drivers to stop once the red flashing lights and bells activate," she wrote.

The lawsuit accuses Smith Industries of having a driver who, among other things, failed to keep a proper lookout and didn't exercise reasonable care for the veterans on the truck's trailer.

The attorney representing Smith Industries, Jimmie B. Todd of Odessa, was away on vacation and could not be reached for comment.

The driver of the truck, 50-year-old Dale Andrew Hayden of Midland, is an Army veteran who served in Iraq and Afghanistan and is employed by Smith Industries.

Also Wednesday, the Texas Department of Transportation released documents showing the crossing's warning system was designed to become operational at least 30 seconds before the arrival of trains. On the day of the crash, only 20 seconds elapsed from the time the system was activated to the train's arrival, according to the NTSB.

Twenty seconds meets federal guidelines, but railroads can ? and do ? provide longer intervals at some crossings.

The documents, released to The Associated Press and other media organizations in response to requests under the Texas Public Information Act, do not show whether the crossing had been upgraded or altered since it was completed in 1991.

A TxDOT official said in an email released with the documents that the crossing was designed for trains that went up to 25 mph, but they now travel on that line at up to 70 mph. Darin Kosmak, section director for the department's rail-highway division, wrote in the email to TxDOT's legal counsel that the state expected the railroad to upgrade its safety mechanism to match the greater speeds, but had not verified that changes were made.

Espinoza-Williams said in an email that the design documents released by the state "do not reflect current conditions at the ... crossing, which clearly has more than six trains per day operating at a maximum speed of more than 25 mph."

Source: http://news.yahoo.com/veterans-sue-railroad-over-fatal-crash-texas-203401463.html

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Apple gets Dutch sales ban on some Samsung Galaxy products

News

A Dutch court has banned sales of Samsung Electronics? Galaxy products that infringe on an Apple patent describing a way to scroll through a photo gallery using a touchscreen.

The ban only applies to Galaxy products that run Android 2.2.1 through 2.3.7 that don?t use Samsung?s new proprietary photo gallery software, the Court of The Hague ruled on Wednesday. Galaxy products with Android 3.0 and higher don?t infringe on the patent, the court ruled.

Apple patented a way to scroll past the edge of a zoomed-in photo and see a glimpse of the next in a series of images, after which the initial photo bounces back onto the screen, a technique that Samsung has used in its Galaxy products. Samsung?s new proprietary photo gallery software replaces that bounce-back feature with a ?blue flash? that illuminates the edge of the image.

Samsung?already lost a case?over the same patent after preliminary proceedings in the Netherlands last year, leading to a sales ban on the then-infringing Galaxy S, SII and Ace. After the verdict, Samsung adjusted its photo gallery software as a work around, and said it stopped delivering infringing products to clients as of the end of August 2011.

During the plea hearing in September, Samsung said that, since the last verdict, it uses its own technology in all its products in the Netherlands. Samsung, however failed to provide the court with evidence of the change,?annoying the panel of judges.

?The argument raised by Samsung at the hearing that Samsung Benelux does not sell the infringing products any more, cannot lead to a rejection of the ban,? wrote Judge Peter Blok, who presided over the panel of three judges in?the verdict. Blok said he would grant the ban because Samsung refused to sign a declaration of abstinence committing to not infringing the patent.

The court ordered Samsung to tell Apple how much net profit it made from sales of infringing Galaxy products since June 27, 2011. A separate court procedure will determine how much of that profit Samsung must pay Apple.

If Samsung continues to infringe on the patent, it has to pay Apple a penalty of ?100,000 ($124,000) for every day it violates the ban, the court ruled.

A Samsung spokeswoman said the company was disappointed with the court?s ruling. Apple did not respond to a request for comment.

The Court of The Hague?recently ruled?that Samsung does not infringe on an Apple multi-touch patent in another Dutch lawsuit between the companies. In January, the court is set to rule in yet another case between the two in a case about tablet design rights.

Source: http://www.macworld.com.au/news/apple-gets-sales-ban-on-some-samsung-galaxy-products-in-the-netherlands-80875/

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Understanding How to Market Intuitive Website Content and Design ...

Dynamic website design is clearly becoming the latest business wave of internet design. Much of the reason is due to the proliferation and easy access of smart phones and mobile devices that display web pages. Because the average consumer today is relying far more on his mobile device to find businesses, products and services while on the go, dynamic website design is putting responsive businesses in the forefront of those consumer searches. However, a new aspect is also quickly becoming apparent in mobile internet searches: localization.

Dynamic website design essentially determines what kind of internet device a person is reaching a website with and transmits the best website format for that device. If the reader is using a regular desktop computer, then he will see a traditional web page. Conversely, if he?s using a tablet or a smartphone, then he will see a mobile version of the website which loads faster and works better with mobile devices.

Localization of a website takes the matter a step further. Now, not only does the website understand what device a person is using, it can also determine if the person is in the nearby area, pulling up web site content that is specific to a local customer and directing him to the brick-and-mortar address of the business, if it applies. This design feature can even dictate what language the website is displayed on a user?s device.

While it?s a straightforward process creating the necessary website design to trigger the two reactions to mobile devices, the content and benefits still have to be written in such a way that makes them appealing to both the customer, as well as the small business desiring local awareness.

Marketing these services along with relevant website content to small businesses depends highly on showing a company how both internet features bring a local customer right to the small business? doorstep. That means the web site content writer and designer both have to work together to produce a customized model of what a small business? redesigned website would look like, specific to local interests. The goal, of course, is that when an internet user pulls out his phone and looks for a local service or product, he will find the business whose web site meets his need the fastest in the immediate area. This concept can be discussed with a sales pitch, but a picture is worth a thousand words. Small businesses are truly convinced when they see an actual model of tailored content and dynamic website design actually working.

A designer and web site content writer can?t necessarily go modeling websites without being paid first by a given client. Charity doesn?t keep a content provider fed. So the next best approach, marketing-wise, is to show a new potential client how the two internet tools and tailored web site content work using a past project or similar business that is already up and running online. Seeing is believing, and using a visual model can convince small business owners quickly of dynamic design/localization internet combination benefits for their brick-and-mortar stores.

Tom L is a freelance writer available on WriterAccess, a marketplace where clients and expert writers connect for assignments.

Source: http://www.writeraccess.com/blog/understanding-how-to-market-intuitive-website-content-and-design-to-small-business/

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Direct Mailing Advice Interactive Businesses Need To Grow ...

Reminiscing back a few decades, there actually was a time when it worked much better than any mass advertising method. It still has its place in the marketers? arsenal and works equivocally fine to that of other current marketing trends.

Sure, internet marketing beats every other marketing directive when it comes to scope, reach, effectiveness, cost, and analytics. Direct mailing has its own charm, however, as it can be leveraged strategically to take your marketing stratagems to new heights. It can be used in tandem with your usual marketing channels to delight your customers and bring your business multiple benefits.

Shooting in the dark with direct mailing won?t work, of course. Picking up an orphan database and sending mails is expensive, abortive, and won?t fetch you even a fraction of what you spent on the campaign. What you need is a strategic approach to direct mailing which plugs into other forums of marketing and works best with other forms of marketing they also deal with. In a nutshell, Advice Interactive just knows how to launch direct mail campaigns that work for your business as they have since the era when marketing was still presumed to be a billboard thing.

Mailing List Needs Continue Rising

Mailing lists are resounding customer databases which are usually segregated according to geographic area, interest and other demographics for the purpose of sending email campaigns to the correct recipients. Marketing best practices dictate that these mailing lists should be built ethically, one customer at a time, which they call opt-in marketing. Advice Interactive strategically makes mailing list creation through opt-in data collection happen for your business.

There?s a simple premise for building mailing lists: let interested visitors build it, and they will stay.? Since mailing lists aren?t just numbers, names, or databases, you should never collect them as such: customers that your business depends on are formed through relationship nurturing. Many company clamber at streamlining the process of customer segmentation, lead scoring and nurturing the information you have so future mailings see higher rates of responsiveness.? In fact, mailing lists turn ?sour? due to improper permission-based confirmations or poorly ?scraped? information.

Mailing list creation has become the relentless pursuit of perceived list value ? a perception that makes businesses just give up on finding the right methods in creating an appropriate list or begin approaching questionable email list collection methods such as harvesting, scraping or buying used lists which are irrelevant or outdated.

Partner Up With Experience

Advice Interactive takes an aggressive yet pragmatic approach to email list building and mailing list creation services utilizing only the industry best practices. For instance, they only use opt-in marketing for list building and thereafter proffer our email marketing expertise towards development of solid leads for your business. ?Don?t just scrape together mailing lists:? create relationships using the professional marketing guidance of Advice Interactive, the Inc. 500 marketing showstopper who?ll find real customers today and shoo them your way.

Over the years, society has become acclimated to wonderful companies who have been instrumental in getting direct mail marketing where it sits today. Seek the tutelage of vendors, customers, mentors, friends or your own partners for loads of inspiration and guidance when kicking off campaigns or finding lists to purchase.

Source: http://www.business2community.com/consumer-marketing/direct-mailing-advice-interactive-businesses-need-to-grow-0341964

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Daily news roundup: November 27, 2012

  

  

Another big news day is done, and I sit here with a frosty beverage winding down for the evening. I like to do that by catching up on all the stuff on the Internet I might have missed through the day. If that sounds like you, cheers! I'll make it easier for you. Here's the highlights of today's events.

Hardware stuff

• The Nexus 4 is in the Play Store again (briefly)
• See the Galaxy Note 2 is some crazy awesome liquid acid trip
• Meizu brings out some sexy hardware in China
• US Cellular getting a Galaxy S3 mini of it's own in the Axiom
• Nexus 4 is once again in-stock at T-Mobile

Software stuff

• The Nook app goes to Europe
• 4.2.1 update hits the Nexus 4 and Nexus 10; and the Nexus 7; and even the Galaxy Nexus
• Hamilton's Great Adventure comes to mobile
• Microsoft's Outlook.com app is designed for Donut
• 4.2.1 source drops
• More HTC One X Jelly Bean goodness
• F-Droid is the Android FOSS store
• Rdio gets a new look
• Canadian Galaxy S3 seeing some of the Jelly Bean love

Absolutely awesome stuff

• Nerdtalkin' with Brian Klug

Source: http://feedproxy.google.com/~r/androidcentral/~3/TrvmwSD5SuM/story01.htm

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Why is the Supreme Court Interested in Patent Cases? | IPWatchdog ...

Seth Waxman

Have you ever wondered why the Supreme Court is taking so many patent cases over the last few years? ?In Part I of my interview with Seth Waxman?we learned that while he was the Solicitor General of the United States, and even before ascending to that position, he advocated within the Department of Justice for at least occasionally seeking Supreme Court review of Federal Circuit cases. That lead from a trickle of cases to what has become a handful of cases year after year.

Personally I think there are plenty of cases that the Federal Circuit gets wrong and should be taken by the Supreme Court to get things correct. But that is now what the Supreme Court does. ?They are looking for meaty issues, not just to get some esoteric point of patent law correct. In fact, it is my observation that the more esoteric and the more incorrect the Federal Circuit the less likely the Supreme Court will get involved. But that is just my view from the sidelines.

Waxman, steeped in the rules, procedures and art of Supreme Court advocacy drills down deeper.

WAXMAN: Well, I think it?s a combination of several different things.? When you?re talking about patent decisions of the Federal Circuit, for purposes of answering this question it?s useful to distinguish between rulings about litigation procedure in patent cases and rulings about the meaning of substantive patent law.? With respect to the former, it?s easy to see why the Supreme Court?s interest would be piqued if a petitioner says, as it did for example in Medimmune, ?there?s a general rule that applies across all the regional circuits with respect to standing in declaratory judgment actions. ?But the Federal Circuit applies a different ?rule ?in patent cases.?? That is just the kind of disuniformity the Supreme Court is looking for.? It?s proverbial ?split in the circuits? that the Court feels it needs to address ? where a particular law or set of procedures is being interpreted or applied differently in one part of the country than another.

The paradigmatic role of the Supreme Court is to harmonize the application of federal law across the country.? So when different circuits are at loggerheads about what a particular law means, or how a particular doctrine is applied, only the Supreme Court can resolve it.? Several of the cases the Supreme Court has taken from the Federal Circuit in recent years have involved ?procedures sanction by the Federl Circuit that ddidn?t strike the Supreme Court as warranted a patent-exceptional. The declaratory judgment standard was one obvious example.

Another was the eBay case, involving the standrds for ?injunctive relief was another.? The other packet of cases are cases that annunciate substantive patent principles.? The test for obviousness.? The standard of review when one is challenging patent validity based on art that the examiner never had, arguably never had before him or her.? Subject matter eligibility for new life forms, or software, or things like that.? And there I think the Court is taking cases where it genuinely is skeptical about whether the Federal Circuit has decided the issue correctly.? And you can say that the Federal Circuit is sort of unique in this regard because by and large the Supreme Court doesn?t view its role, surprisingly, as one of error correction.? It?s not grounds for certiorari on the grounds that the 4th circuit, the 8th circuit, or the 9th circuit just decided it?s wrong.? They are looking principally for cases in which the Supreme Court is the only court that can resolve a lack of uniformity across the country.

With respect to substantive patent law, obviously that never applies because the Federal Circuit has exclusive jurisdiction so that there?s rarely an instance, maybe Coronado vs. Holmes might be some sort of example to the contrary, but there rarely is a split in the Circuits over the standard for determining obviousness with respect to a patent because no other court of appeals is ever going to answer that question.? And therefore it?s appropriate for the Supreme Court of the United States to assure itself that in fact the Federal Circuit, which has specialized jurisdiction, is in fact answering significant questions of patent doctrine in a way that the majority of the Supreme Court thinks is correct.? And that certainly characterizes a number of patent cases that the Supreme Court has taken in recent years.

The other thing I think that?s at play here, and maybe it?s the principal reason is a point that I made earlier which is our economy depends utterly on intellectual property.? That is in fostering innovation and inventiveness in the manner in which the framers of the Constitution understood needed to be fostered.? That is within appropriately countered system of protections for discoveries and inventions and novel expression.? But that doesn?t smother innovation by competitors and by others.? And because our economy is so utterly tied to intellectual property the Supreme Court correctly understands that this is a substantive area in which it is very, very important for the correct balance to be struck.

And I think the final reason for the increase in the cases is maybe the same reason that I?m attracted to doing cases like this, which is they are just darn interesting as an intellectual matter.? You get to learn about a technology that you don?t know as much about as you need to to decide a case.? And you get to learn and scrutinize and question the contours of substantive legal doctrine that you?re not otherwise familiar with.? I don?t know how comforting that is the Patent Bar.

QUINN: That?s what I was just going to say.? And I would agree with what you say, but to hear you articulate it just makes me want to sigh and say that?s exactly why I?m scared when the Supreme Court takes a case, because I understand when you look at this globally, why should patents be different?? And the argument that I always hear is is well, copyrights are an exclusive right and you?re doing it different from copyright law.? But for better or for worse since practically the beginning of intellectual property law in the United States, copyrights have been different than patents.? They?re calling them an exclusive right is almost comical because there are so many ways that you can use a copyright that directly infringes, that copies the entirety of what you?re doing that is okay.? And it?s not exclusive.? Fair use swallows these rights whole in a lot of cases.? And there is no concept of fair use in patent matters.? But how do you lay the foundation to explain that, no, these things are different?? When you can?t get an injunction as a matter of right after you?ve won, then what good is the patent because the patent is supposed to be practically an injunction when the Patent Office gives it to you.? It says, don?t do this stuff and if you do you?re going to get punished.

WAXMAN:?You?re certainly preaching to the choir on this issue.

QUINN: I know I am.

WAXMAN: But I think you?ve identified something that?s actually quite important. Which is in an era in which the Supreme Court is increasingly interested in the contours of patent law and practice.? And in which therefore most of the judges on the Federal Circuit are trying very hard to decide cases and write their opinions so that they are accessible by the Supreme Court of the United States and are written in a manner that?s sensitive to the reality that they are subject to review by not just a higher court by a court of generalists.? It?s extremely important for advocates before the Federal Circuit in anything other than the run of the mill claim construction dispute to advocate the case in a way that is sensitive to the way that whatever issues that are going to be decided may look to the Supreme Court, may look to Congress, may look to generalists generally.? And I think many of the Federal Circuit judges welcome help in this regard, welcome advocacy that?s sensitive to this new reality.? And which in the end may be all to the good.? That is having a clubby isolated bar and bench that understands all these things and the advocacy is pitched to specialists and the specialists write opinions that are intelligible to and useful for the cognoscenti is fine if you fell in that cone.? But if you?re not, it?s not that helpful and in a system in which the final review in the judiciary or in the? legislator is made by generalists it?s really important that cases be? even in a specialized area, be briefed and argued in a way that?s accessible to and intelligible by generalists.? And it may be another reason why it seems particularly edifying to me to be a resolute generalist as to all areas of the law.? And makes it less intimidating to argue patent cases before a specialized court.

TO BE CONTINUED?

Part I ??Exclusive with Seth Waxman, Supreme Court Patent Superstar

Part II ??Seth Waxman Discusses Advocacy in the Supreme Court

Source: http://www.ipwatchdog.com/2012/11/27/why-is-the-supreme-court-interested-in-patent-cases/id=30523/

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