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0– 4 20 – – – – CAFC 15 Sand, shells 13–21 44 35 – – – – – – – CAFC 30 do – 48 . for the Federal Circuit . ?/fl= 20 .. Gore & Assocs., Inc., F.3d , (Fed. Cir. In reversing the district court, the CAFC first likened the exceptional case .. ITC, F.2d (CCPA ) that patents must be proven invalid by clear and.

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By Gene Quinn October 30, While the decision is no doubt important to the parties involved, this decision may have more far reaching implications for patent reform in and beyond.

Patent Reform Dead if CAFC Reviews Willfulness En Banc – | Patents & Patent Law

The issue of particular interest in this case was willful infringement. Gorebut that recent Supreme Court decisions call into question the continued viability of that precedent. If enhanced damages for willful infringement is back on the table any prospects for broad-based patent reform is dead.

The America Invents Act AIA was famously and permanently stalled until the issue of willful infringement and damages was removed from the legislation.

With the damages logjam broken the forces pushing for patent reform were able to coax the legislation across the finish line.

I foresee no scenario where the type of patent reform that the tech industry will want could become law if this renewal of the issue of damages rears its head once again. The AIA gained the traction of a runaway train once the pharmaceutical companies and big biotech became aligned with Silicon Valley. But pharma and biotech companies have far fewer patents than companies in the high-tech sector. In fact, there is really only a single claim in a single patent that most pharmaceutical companies are worried about; namely the claim that covers the version of the drug actually approved by the Food and Drug Administration FDA.

With damages in the spotlight again patent reform proponents will line up on opposite sides once again, with the high-tech Silicon Valley companies on one side facing off against the pharmaceutical industry, biotechnology industry, Universities and independent inventors. First, Halo appealed the granting of summary judgment that Pulse Electronics, Inc.

Split CAFC Panel Says ‘Will Assign’ Provision of Employment Agreement Insufficient for Standing

Pulse also cross-appealed from multiple decisions of the district court as well. In a acfc opinion written by Judge Lourie, the Federal Circuit concluded that Pulse did not sell or offer to sell within the United States those accused products that Pulse manufactured, shipped, and delivered outside the United States, thereby affirming summary judgment of no direct infringement of the Halo patents by those products.

The Federal Circuit further affirmed the judgment of the district court that the asserted claims of the Halo patents were not invalid for obviousness. While 6682 entirety of the decision is no doubt riveting reading for the parties, the issue that will potentially consume the industry relates to willful infringement and the proper 862 for determining whether enhanced damages are appropriate. Citing In re SeagateJudge Lourie explained that establishing willful infringement requires a two-prong analysis that combines both an objective and a subjective inquiry.

On the first prong, the patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent. Under the second prong, which represents the subjective inquiry, the caf must demonstrate that this objectively-defined risk was either known, or so obvious that it should have been known, to the accused infringer.

The district court held here that the objective prong was not met because it concluded that the obviousness defense that Pulse presented at trial was not objectively baseless. Allcare Health Management Systems, Inc. Columbia Pictures Industries, Inc. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors cavc executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software 628 computer related innovations.

The pages, articles and comments on IPWatchdog. Yes, legislation on patent damages remains highly unlikely. This, however, is overlooking the fact that the original and continuing lead political patent concern in the most recent years is the troll mass mailings of cfc infringement threat letters to small businesses demanding license payments. With no intent to sue, or damages rationale for suit. There has already been extensive state legislation on that subject, and there is no reason why Congress would not still want to do so as long as the legislation is narrowly cafd drawn.

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information. The Decision In a majority opinion written cfac Judge Lourie, the Federal Circuit concluded that Pulse did not sell or offer to sell within the Cac States those accused products that Pulse manufactured, shipped, and delivered outside the United States, thereby affirming summary judgment of no direct infringement of the Halo patents by those products.

All About Willfulness While the entirety of the decision is no doubt riveting reading for the parties, the issue that will potentially consume the industry relates to willful infringement and the proper standard for determining whether enhanced damages are appropriate.

There are currently 2 Comments comments.

Patent Reform Dead if CAFC Reviews Willfulness En Banc

Steve October 30, 8: Morgan October 31, 4: Tysons Corner, VA January 8, Attracting and Keeping Good Corporate Clients: Navigating the relationship between inside and outside counsel January 10, Patent Practice for Beginners cagc January January 23, 7: Intellectual Property Policy Considerations January 31, 9: What Mattered in The Road to Obtaining a U.

Patent Why do you want a Patent?

Moving from Idea to Patent: When Do You Have an Invention? Can Ideas Be Patented or Protected? Who are Inventors and Joint Inventors?


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Test Equipment Depot – Specifications are subject to change without notice. All product names are trademarks of their respective companies. Fluke authorized resellers shall extend this warranty on new and unused products to end-user customers only but have no authority to extend a greater or different warranty on behalf of Fluke.

Fluke Basic GEO Earth Ground Tester Kit

Warranty support is available only if product is purchased through a Fluke authorized sales outlet or Buyer has paid the applicable international price. Table of Contents Title Page Introduction Introduction The Earth Ground Tester Tester or Product is a compact, field-rugged manusl that performs all four types of earth ground measurement.

Specifically, the Tester is able to measure earth ground loop resistances using only clamps — called Stakeless testing. A Caution identifies conditions and procedures that can amnual damage to the Product or the equipment under test.

Do not dispose of this product as unsorted municipal waste. Storage If the Tester is stored for an extended period of time or is not in use for a long time, you The transformer has a transformation ratio between 80 and This enables the user to measure on high voltage pylons without separating the overhead earth wires or earth strips at the bottom of the pylons. See Table 4 for location and description of each display element.

If you have problems, see How to Troubleshoot.

Measurement values are shown on a liquid crystal display with correct decimal point and unit. Additional special characters indicate measurement mode, operating condition, and error messages.

The Tester also makes measurements with an external current transformer, with which a measurement of single resistance branches in 16223 networks lightning protection and high voltage pylons with cabling can be performed without separating parts of the system.

Select 4 POLE function. Earth ground stakes are not used.

A known voltage is induced by one flke, and the current is measured with the second clamp. Stakeless Ground Loop Measurement One part flows via pylon construction to the overhead earth wire and further to the parallel circuited pylon earthing resistances.

Read out measured value R Note Before setting the earth stakes for probe and auxiliary earth electrode make sure that the probe is set outside the potential gradient of earth electrode and auxiliary earth electrode.

Fluke 1623-2 User Manual

The measuring procedure shown in Figure 10 uses the method developed by Wenner F. Wenner, A method of measuring earth resistivity; Bull. Measurement of Soil Resistivity 1. See Figure 11 for steps Troubleshooting Step Description External voltage Uext too high If the external voltage applied to the instrument is too high, usually from flkke currents in the system under test, no measurement manula be started see Specifications for Uext limit.

If the meter still fails manuual operate properly, pack it securely in its original container if available and forward it, postage paid, to the nearest Fluke Service Center. Include a brief description of the problem. Fluke assumes NO responsibility for Current and voltage measurement Measurement voltage: Also See for Quick reference manual – 2 pages. Page of 40 Go. Table of Contents Add to my manuals Add.

Fluke 1623 Basic GEO Earth Ground Tester Kit

Page 2 Fluke authorized resellers shall extend this warranty on new and unused products to end-user customers only but have no authority to extend a greater or different warranty on behalf of Fluke. Page 4 Users Manual Page 6 Users Manual Page 8 Users Manual Introduction Introduction The Earth Ground Tester Tester or Product is a compact, field-rugged instrument that performs all four types of earth ground measurement.

Safety Information Users Manual Safety Information A Warning identifies hazardous conditions and procedures that are dangerous to the user. Advanced Operation – allows measurements of earth electrode resistances without disconnection of the earthing system or disengaging the overhead earth wire.

Page 30 Users Manual As all four pylon stubs are connected to the foundation earth of the pylon, the measuring current I is divided into five components according to the present resistances meas involved.

Maintenance If the meter still fails to operate properly, pack it securely in its original container if amnual and forward it, postage paid, to the manhal Fluke Service Center. Page 40 Users Manual Comments to this Manuals Your Name.

Enter text from picture: By pressing ‘print’ button you will print only current page. To print the manual completely, please, download it.


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This includes revealex coils and slinkies, electromagnetic fields recorded with guitar pickups, neonodium magnets, motors, servos, gadgets and gizmos, metal impacts and underwater metal impacts, wobble boards, car doors, washing machines, sewing machines, dumpsters, bungee cords, elastics, slingshots, balloons, wine glasses, chairs, winds dragging bags on carpets etc. Obviously, only a little percentage of that was used, because some of it was intended for some other projects.

I was going through my libraries listening to ratchets when I came down on an click of an old 35mm camera. I decided to ykma a recent Canon model click and tweak it in a sample freezer that I have previously built in Kyma.

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Echos and Delays are really fun to play with. Try to revealev a sound under 30 ms and add a bit of feedback to it. In order to get variations, multiply an amplitude envelope or a LFO to your feedback to make your sound interesting.

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It goes right away in Kyma and returns on a record track within Pro Tools. From Left to right: Is it faders as controllers or something else?

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Working with the Kyma like you, i tried your first sound and found the way to make frozen sound but how vocalize them?? I really like the Kyma info thanks for sharing as I got one too.

Thanks for the free scapes sound bank and I just saw transform so will probably buy that too. Hey Jean-Edouard… any chance you can upload your Sounds to Kyma:: Tweaky and let me know, or email me direct in either case?

I would even be willing to pay money for these patches from you so I could pull them apart and have them as a starting point for my own sounds.

Im trying to emulate your Wall-E patch….

Just wanna comment that you have a very nice websiteI love the pattern it actually stands out. Sound Design Digging in Kyma. A mix of my favourite ones: Running an engine through a Vocoder. Evil echos and delays.

Symbolic Sound Kyma: Products KymaXRevealed

Building your own blocks. Virtual Control Surface Interface. Brad Hillman August 28th, Sweet action Jed, this is a great blog! Danijel August 29th, Hi Jean, This all sounds like it could be done with SpectrumWorx! Jean-Edouard September kjma, Jean-Edouard September 12th, Hi Jean, Working with the Kyma like you, i tried your first sound and found the way to make frozen sound but how jyma them??

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As a Humanist and a politician, More was in the front rank of his contemporaries, as a Socialist he was far ahead of them all. His political, religious, and Humanist writings are to-day only read by a small number of historians. Had he not written Utopia his name would scarcely be better known to-day than that of the friend who shared his fate, Bishop Fisher of Rochester.

His socialism made him immortal. Unlike the historians of the idealistic school, we do not believe in a Holy Spit which illumines minds and fills them with ideas, to which the political and economic development adapts itself. We rather start from the assumption that the contradictions and antagonisms which the economic development creates in society stimulate thought and provoke investigations by men who are favourably situated to prosecute such researches, so that they may understand what is going on before their eyes and remove the suffering which contemporary conditions entail.

In this way arise political and social ideas which influence contemporary thought, or at least, particular classes, in the degree that they respond to the actual conditions, and which are correct so far as they coincide with the interests of the aspiring classes.

So it comes about that certain ideas are only operative under certain conditions, that ideas which at one time encounter indifference and even scorn are taken up with enthusiasm, and often without strict verification, a few decades later. The materialist conception of history alone explains the influence of particular ideas.

It oautsky not concerned to deny that every age has its particular ideas which condition it, and that these ideas form the dynamics of social development. It does not, however, stop at this point, but proceeds to investigate the forces which set the machinery in motion, and these it finds in the material conditions. It is clear that ideas must be fermenting for some time before they can exercise any influence on the masses.

There is a tendency to reproach the masses with running after novelties, whereas the truth is that they cling most obstinately to the old. The antagonism of the new economic conditions to the transmitted conditions and the ideas which accord therewith must be fairly pronounced before it penetrates to the mind of the masses.

Where the acumen of the investigator perceives unbridgable uhopia of classes, the average man sees only accidental personal disputes; where the investigator sees social evils which could only be removed by social transformations, the average man consoles himself with the hope that times are only temporarily bad and will soon improve.

We are not speaking of the members of classes on the decline, most of whom will not face facts, but have in mind the nascent classes, whose morf it is to see, but who cannot see until they bump right mroe against the new conditions.

Their ideas also were conditioned by the ghomas developing material conditions, but these conditions were not yet sharply defined enough to render the aspiring classes accessible to these ideas.

Karl Kautsky: Thomas More and his Utopia (Pt.1, Intro)

But a thinker who takes his stand on the material conditions may be a whole epoch in advance of his time, if he perceives a newly evolving mode of kaytsky and its social consequences not only sooner than most of his contemporaries, but straining far into the future, also glimpses the more rational mode of production into which it will develop.

Thomas More is one of the few tthomas have been capable of this bold intellectual leap; at a time when the capitalist mode of production was in its infancy, he mastered its essential features so thoroughly that the alternative mode of production which he elaborated and contrasted with it as a remedy for its evils, contained several of the most important ingredients of Modern Socialism.

The drift of his speculations, of course, escaped his contemporaries, and can only be properly appreciated by us to-day. Despite the immense economic and technical transformations of the last three hundred years, we find in Utopia a number of tendencies which are still operative in the Socialist Movement of our time.

Our first enquiry pertains to the causes of such an extraordinary phenomenon. Erasmus tells us how amiable, helpful, and full of sympathy ksutsky the poor and oppressed More was: Ksutsky in the northern countries of Western Europe were the material conditions in the sixteenth century favourable to kalr formation of such a disinterested character. In the mercantile republics of Italy, as in the Courts of the Romance monarchies, egotism, the grand feature of the new mode of production, reigned absolutely; it reigned openly, boldly, full of revolutionary defiance.

It was a vast egotism, quite different from the cowardly, mendacious, despicable egotism of to-day, which hides itself behind conventional hypocrisy. Generally speaking, in the towns of England and Germany, entirely different economic conditions prevailed from those in the Italian towns, and to a lesser degree in the towns of France and Spain.

Agriculture, together with the Mark constitution, still formed to a great extent the basis even of the urban mode of production; the separation of the country from the town was nowhere completely defined.

Tillage of the soil must then have been a chief support of the citizens. At the commencement of the sixteenth century the primitive agrarian communism still existed in England. It had survived under cover of feudalism, and only then began to yield place to another system of agriculture.

The features which corresponded to primitive communism still existed, especially among the lower population, and we meet them in More only slightly mlre over with the Humanistic and courtier traits and the self-censure which the conditions imposed upon him. But sympathy with the poor does not make one a socialist, although without that sympathy no one is likely to become a socialist. In order that socialist sentiments and ideas should grow out of this interest, it must be conjoined with a special economic situation, the existence of a working proletariat as a permanent mesa phenomenon, and on the other hand profound economic insight.

The existence of a proletariat of vagabonds creates benevolence and induces almsgiving, but does not produce a socialism of the modern variety. The only persons who had then learnt to think scientifically and methodically, to generalise, and who were, therefore; capable of formulating a theoretical socialism, were the Humanists. Now in the northern countries Humanism was an exotic growth, in which no class had a special interest.

While the Humanists in Italy were busily engaged in active affairs, and therefore gave expression to the economic and political tendencies of their time and country, the great majority of German Humanists were merely schoolmasters with no glimmering of practical affairs, who, instead of delving into the past for weapons in the struggles of the present, stood aloof from those struggles and retired to their studies, in order to live wholly in the past. On the contrary, the rudeness, the barbarism, the boorishness into which Germany sank to an increasing extent after the sixteenth century, and from which she did not emerge utopi the beginning of the eighteenth century, rendered the maintenance of science in Germany possible only by its being completely divorced from active life.

The discoveries of the Portuguese in the second half of the fifteenth century opened a sea route to India. At the same time the old communications with the East through Asia Minor and Egypt were interrupted by the invasions of the. Turks, while the caravan routes from Central Asia had previously been closed in consequence of local upheavals. This paralysed not only the trade thlmas the Mediterranean seaboard, but also that of the towns on the great German waterways, which, besides being the intermediaries of the trade between Italy and the North, traded with the East on their own account by other routes — via Trapezunt and the Black Sea as well as the land route over Russia.

The total effect of these changes was to sever the arteries of the German towns, especially of the Hansa towns on the Baltic and the towns in Southern Germany, Nuremberg, Augsburg, etc.

The towns on the Rhine and on the estuaries of the North Sea suffered less, but the trade which they supported was insignificant and its direction had changed. It flowed not from East to West, from South to North, but contrariwise. Antwerp became for the sixteenth century what Constantinople had been in the fourteenth century and what London was to become in the eighteenth century: The proximity of Antwerp inevitably htopia the most stimulating effect upon the commerce of England, and especially of London.

Out of mercantile the beginnings of industrial capital were already beginning to develop. Englishmen began to manufacture wool in their own country after the Flemish example, and even in the time of Henry VIII complaints were heard of the decay of independent handicraft in wool-combing. But in the England of More the beginnings of the capitalist mode of production in agriculture were much more perceptible than these nuclei of industrial capital.

The causes of this have already been indicated: Next to wool, timber and fuel were important agricultural products in England, in view of the growth of the towns, as was also barley for the Flemish breweries.

The demand for wool grew karp the degree that manufactures on the one hand, and the means of transport on the other, developed. At the outset English wool found its chief market in the Netherlands, but at the end of omre fifteenth century it was being exported both to Italy and to Sweden. Among other things, this may be inferred from two commercial treaties which Henry VII concluded with Denmark and Florence in As the market grew, the merchants and great landowners of England redoubled their efforts to extend wool production.

The landowners found the simplest way of doing this was to claim for moee the common lands which the peasants had a right to use. Thus the peasant was more and more deprived of the opportunity of keeping cattle, his entire business fell mord disorder, and financial ruin overtook him.

All kinds of expedients were adopted. Not merely individual peasants, but sometimes the inhabitants of entire villages and even small townships were expelled, to make room for sheep. So long as the landlords themselves farmed their estates, or, as happened for a short period, leased portions of them to tenants, to whom they advanced the necessary agricultural plant, cattle, etc. There was no point in extending his property unless he was able at the same time to add to his plant and stock.

This limit melted away and the land hunger of the great landowners knew no bounds with the arrival of the capitalist farmer, who used his own capital thoomas employ wage workers to cultivate the land which he leased. This class arose in England in the last third of the fifteenth century. It rapidly increased in the sixteenth thomass, in consequence of the unexampled profits which it then made, and which not only accelerated the accumulation of mors, but also attracted capitalists from the towns.

The rise of profits is to be especially attributed to the depreciation of gold and silver which was caused by the immense transfers of the precious metals from America to Europe; the effect of this monetary depreciation may well have been accentuated by the currency debasement of princes.

In the course of the sixteenth century the prices of agricultural products thimas by to per cent. Rents, on the other hand, were slow in rising, as the leases ran for long terms, and did not keep pace with the prices of agricultural products. Therefore they fell actually if not nominally. This not only increased the number of farmers and the amount of their capital, but also formed a fresh incentive for the large landowners to extend their estates, in order to make good their losses in this way.

The consequence was a rapid impoverishment of the small peasants. A concurrent phenomenon was the dispersal of the feudal bands of retainers, to which we have made reference in the first part. The retainers were in any case a burden for the working people. Where they remained in kalr, they were a burden on the peasants who were obliged to support them.

Where they were broken up, they became a scourge to the wage earners, by swelling the ranks of the unemployed. Utpia fourteenth and fifteenth centuries were the Golden Age for the peasants and wage workers of England. At the end of this epoch they aand both suddenly plunged into deepest poverty.

The number of workless swelled to terrible dimensions. The most gruesome punishments were not, of course, calculated either to diminish their numbers or to restrain them from crime punishment for crime was uncertain, but sure was the punishment for abstention from crime: Not much better than the situation of the workless was that of the propertyless workers, who then began to form a numerous class in agriculture. What parliamentary legislation had only incompletely achieved in the preceding two centuries was easily attained in the sixteenth century by the oppressive weight of the reserve army of the workless.

Real wages diminished, and labour time was extended. Food prices rose by per cent. When capitalism first invades industry and then turns to agriculture, it seems at the outset to wear a benevolent aspect. It must aim at a constant extending of the market, of production, while the importation of labour-power proceeds but slowly.

In its early stages, such an industry is always complaining of the lack of labour-power. Capitalists must outbid handicraftsmen and peasants in order to entice away from them their journeymen and bondsmen: In this way capitalism began in many countries; it was hailed as a blessing. Not so in England, where it first invaded and revolutionised agriculture. Improvements in methods of cultivation made many workers superfluous.

Capitalism in agriculture meant the direct setting-free of workers. In England this process of setting-free proceeded in its severest forms, at a time when industry was developing but slowly and required only small supplies of labour-power; least of all, the ignorant country labourer. And hand in hand with the separation of the workers from the land, from their means of production, a rapid concentration of landed property into a few hands was going on.

Thomas More and his Utopia

Nowhere else in Europe, therefore, were the unfavourable reactions of the capitalist mode of production upon the working classes so immediately obvious as in England; nowhere did the unhappy workers clamour so urgently for assistance. More was not the only person who sought for and propounded such expedients. From numerous writings of that time, from numerous Acts of Parliament we may perceive how deep was the impression made by the economic revolution then proceeding, and how generally the shabby practices of the landlords and their tenants were condemned.

But none of those who put forward remedies had a wider outlook, to none of them came the conviction that the sufferings incident to the new mode of production could only be ended by a transition to another and higher mode of production; none of them, save More, was a Socialist. A theory of Socialism could only arise within the realm of Humanism.


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