CLS Bank v Alice - Federal Circuit Orders en banc Rehearing ...

Those who have been following comments on the split decision in CLS Bank v. Alice Corp. case will be unsurprised to learn that yesterday the Federal Circuit ordered a rehearing en banc in the matter, vacating the panel decision originally decided on July 9, 2012.

The questions to be addressed on appeal are:

1. What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible ?abstract idea?; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?

2. In assessing patent eligibility under 35 U.S.C. ? 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium; and should such claims at times be considered equivalent for ? 101 purposes?

The parties have been invited to file new briefs on these questions, and the case will be heard based on the original briefs and any new briefs filed.

The conflicting majority and minority views are set out in an earlier ?house divided? post

http://www.ipwatchdog.com/2012/07/15/cls-bank-v-alice-corporation-reveals-a-h...

It is arguable that neither view is beyond criticism and that any emergent legal test as to patent-eligibility demands further development. There is much to commend the majority view that each of???101, 102, 103 and 112 serves a different purpose and presents different questions and that under??101 only when it is apparent that the claimed subject-matter is a manifestly ineligible abstract idea should that subject-matter be excluded. Significant involvement of a computer in the working of the invention points towards invention.

But a clear answer to Judge Prost?s view on the facts that this particular invention is not patent-eligible is not discernible from the majority opinion. ?More questionable is her criticism that the majority should have followed ?the Supreme Court?s unanimous directive to apply the patentable subject matter test with more vigor?. Authority binding on the lower courts is not an approach involving vigor or its lack, but rather the rule of law which can be derived from the earlier case and can be applied and developed to meet the new factual situation of subsequent cases.

Against this background, as commentators have pointed out, the decision in?Prometheus v Mayo?arguably fails to set out a rule that is fit for further development and which excludes mere patent-ineligible discoveries of rules of nature whilst allowing pharmaceutical inventions that have been considered patent-eligible for decades. Whatever the outcome, the decision in?CLS?will have effects beyond the software field and will deserve close scrutiny.

The views of the USPTO as amicus curiae is invited and other amicus briefs will be entertained and may be filed without prior consent. Widespread comment from interested parties can be expected in this interesting and significant case. Stay tuned.

Source: http://www.ipwatchdog.com/2012/10/10/cls-bank-v-alice-federal-circuit-orders-en-banc-rehearing/id=28777/

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Local College Football: Salve Regina ouclasses Western New England; AIC comes from behind at Assumption

It took less than a minute for undefeated Salve Regina to make a statement as to why so many consider it the number-one Division III team in New England.

On the third play of the game, Salve wide receiver Matthew Traynor caught a pass from quarterback Steve Wilkin, and then frustrated Western New England?s flying by and missing defenders with his deceptive changes of speed as he bobbed and weaved untouched 64 yards down the right sideline for the game?s first score only 59 seconds into the contest.

The game would never get closer for the Golden Bears, who managed to do just about everything wrong at the most inopportune times.

The Seahawks expanded a 17-0 third quarter lead with 26 unanswered points in the fourth quarter, and thus spoiled WNE?s Homecoming Day by winning 43-0 going away before a standing room crowd of over 2,000 at Golden Bear Stadium.

Salve Regina is now 5-0, 2-0 Boyd Division-NEFC) and has won its last 11 contests dating back to last year. Western New England dropped to 3-2, 1-1 after entering the game considered as the No. 5 team in New England.

With its high pressure defense, Salve Regina only allowed enough time for Golden Bear quarterback John Krafick to connect with short passes, consequently third and fourth down conversion attempts were a dismal 1 for 15 while the Seahawks were 9 0f 17. Salve Regina compiled 410 net yards to 270 for WNE on the day.

The Golden Bears allowed two long interception runs in the fourth quarter, one an 88-yard TD by Phil Terio to make it 31-0. And then defensive tackle Hayden Stanton was in the right place to intercept a pass that popped out of a WNE receiver?s hands after he was hit cutting across the middle. Stanton lumbered 85 yards. Two plays later, Connor Kelly ran it in from the 3. WNE appeared to have been on the verge of scoring on both drives.

WNE coach Keith Emery did not scorch his team in the post-game huddle. This was one of those games to quickly forget, and move on.

?The fourth quarter we just obviously fell apart,? Emery said. ?We had been holding on for dear life just to be down 17-0, and all of a sudden the wheels come off the cart. Early on, maybe it was game nerves, we know they?re a good team.

"We didn?t move the ball on offense, and it?s hard for the defense to hold on for so
long against such a good offensive team."

The Golden Bears became frustrated as the game went late, finishing with eight penalties for 88 yards with six of those and 78 of the yards of coming in the second half.

Salve Regina now becomes a candidate for consideration in the NCAA national rankings.

?We?re only going to get better,? said Wilkin, who threw for three touchdowns.

AIC 27, ASSUMPTION 23 ? The Yellow Jackets (3-1, 3-0) remained perfect in Northeast-10 conference play by coming back from a 23-14 deficit with two fourth-quarter touchdowns to win before 2,021 at Worcester.

After quarterback Kevin Arduino brought the Jackets within striking distance with a 12-yard touchdown road with 8:43 remaining in the game, he connected with Gary Farley on an 11-yard pass with 4:34 left for the go-ahead TD.

It was the second touchdown for Farley, who also caught a five-yard scoring pass with 31 seconds remaining in the first half.

BRIDGEWATER STATE 26, WESTFIELD STATE ? Bridgewater quarterback Mike McCarthy ran for 93 yards, and threw for two touchdowns and 133 yards to lead the Bears (4-1, 1-1) over the Owls (1-4, 0-2) in an NEFC Bogan Division game before 2,009 on Family Day in Westfield.

AMHERST 22, BOWDOIN 10 ? Max Lippe completed 18 of 22 passes, threw for one touchdown and ran for two others as the visiting Jeffs improved to 2-0.

TRINITY 17, WILLIAMS 13 ? At Williamstown, A.J. Jones caught two touchdown passes from Ryan Burgess in the fourth quarter to lift the Bantams (2-0) to a come from behind win over the Ephs (1-1).

Source: http://www.masslive.com/sports/index.ssf/2012/09/local_college_football_salve_r.html

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Mich. lottery winner charged with welfare fraud is found dead

A woman who admitted to receiving food stamps after winning $1 million on a Michigan state lotto game show was found dead today.

The circumstances surrounding Amanda Clayton's death were not immediately released by police, but ABC News' Detroit affiliate WXYZ-TV reported that sources within the police department said they suspect the woman died of an overdose.

An autopsy is pending on Clayton's body, which was found at a home in Ecorse, Mich., police said.

Clayton, who became a millionaire after her big win last September, caused outrage earlier this year when it was revealed she was continuing to get $200 in monthly food aid from the state.

According to the attorney general's office, Clayton failed to report her winnings and employment while receiving $5,475 in food and medical assistance.

"It's simply common sense that million dollar lottery winners forfeit their right to public assistance," Michigan Attorney General Bill Schuette said in a statement. "We will continue to work with local, state and federal authorities to uphold state laws intended to ensure wise stewardship of taxpayer dollars."

Michigan public assistance programs require participants to report income and employment.

She pleaded no contest to welfare fraud and was sentenced to probation in July.

Also Read

Source: http://news.yahoo.com/michigan-1-million-lotto-winner-charged-welfare-fraud-230559229--abc-news-topstories.html

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The food blog: running a restaurant in London

The London restaurant scene is finally putting the recession behind it after a recent Zagat survey revealed there has been a "dramatic rise" in restaurant openings in the past 12 months.

I bought my favourite local restaurant two years ago, The Laughing Gravy near Waterloo, a move that many thought was insane. The restaurant had fallen into the wrong hands and had been run into the ground. One friend warned me: "You may as well take your money and throw it into the gutter."

But I was determined and steadfast in my belief that Londoners still wanted good, honest places to go out to eat even if funds were tight.

I knew that this wasn't going to be an easy task. I wanted to create a place that served top quality food and meals but in a relaxed, informal and friendly environment. With the continuing rising cost of food and the overheads of a small business it has become harder and harder to offer quality produce at fair prices.

And so I turned to other sources to try and sustain my ideals. We use herbs and vegetables from a Tate funded community garden right next door to the restaurant.? Our walls our adorned with art from a local gallery based in the Oxo tower and we have a library of books in the bar to add to the cosy feel - all bought from a nearby charity shop, with customers invited to swap books when they come to dine.

It's a tough business for sure. We're open all week and on weekend nights there can be 100 covers. My days are generally16 hours long and I firmly believe that you have to fully immerse yourself in the business to keep it ticking along and to ensure it doesn't sink under the financial strain.

So I work as general manager, PR department, book keeper, accountant, cleaner and when I can? customer. The enjoyment of seeing a busy dining room on a nightly basis when so many said it wasn't possible is enough satisfaction to make all the hard work worth while.? And to then have customers taking time out of their own busy lives to leave reviews on review websites makes it even more rewarding.

So despite the recession this has been proof that if you build a business that caters to peoples' needs, they will come to it.

The Laughing Gravy, 154-156 Blackfriars Road, SE1 8EN (020 7998 1707, thelaughinggravy.co.uk)

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For more food and drink ideas, click here

Source: http://www.standard.co.uk/lifestyle/foodanddrink/the-food-blog-running-a-restaurant-in-london-8180449.html

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How to use Passbook on your iPhone

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3 days

Apple iPhone 5

If you didn't stay up until 3 a.m. to pre-order an iPhone 5 last week, you were probably?too late to get one confirmed for shipment by Frida... Read more

15 hrs.

One of the?most useful ? but likely misunderstood ? new features introduced in Apple's iOS 6 software for the iPhone is called Passbook. At first glance, the app might even seem like it doesn't serve a purpose. While it might not exactly be well-explained, it can simplify the process of keeping track of various passes ? such as tickets, coupons, and gift cards ? once you know how it works.

Step 1: Downloading supported apps

In order to do things with Passbook, you need to have apps that work with it installed on your phone. Getting them is easy enough: When you load up the Passbook app for the first time, you'll see a screen describing what it can do, along with a button that, when touched, whisks you away to a special Passbook section of the App Store.

Once there, you'll see a current list of all the Passbook-compatible apps available for download. They include those from United Airlines, American Airlines, Fandango, Target, Walgreens, and more. For the purpose of this article, we've downloaded the latter two.

Step 2: Finding things to add to Passbook

In the case of Walgreens' app (download for iPhone) you can add the chain's rewards card, called Balance Rewards, to your Passbook. This involves scanning your physical card's barcode or entering your info, after which you're able to store a virtual version of the card in Passbook. You also have the option of selecting your nearest store, so that when you're near it your phone will automatically display your card.

Target's app (download for iPhone) gives you to special mobile coupons redeemable at your local store. The latest version of the app lets you add these coupons to Passbook so they can be quickly accessed without having to load the actual Target app.

For other apps, such as Fandango and Major League Baseball (MLB), you can add movie and event tickets to Passbook in a similar fashion, then have them scanned at the theater or sporting venue. Airline passes for United, American Airlines, and Lufthansa will be automatically displayed when you arrive at the airport, and Passbook can even alert you to your gate number and any changes to your flight that might occur.

Step 3: Using Passbook in everyday life

As we mentioned earlier, with location-aware Passbook passes you can have your iPhone alert you when you're near somewhere they can be used. For example, with the Walgreens Balance Rewards card, a notification will appear on the iPhone's lock screen anytime you're near the Walgreens you've designated as your home store. Sliding the notification causes the virtual card to slide onto the screen so that it can be scanned. Pressing the menu button makes it slide back off so you can unlock your phone.

Passes such as the Target mobile coupons aren't location-aware, so you actually need to run the Passbook app and tap on them so they can be scanned. Tickets, boarding passes, and gift cards can be set to automatically alert you when you're near where they can be used. It really just depends on the way the apps that create the passes are designed.

When you're done using a pass, you get to use one of our favorite features ? well, at least the most fun ? of Passbook, the shredder. Tapping the small information icon on a pass will flip it over to reveal settings, such as the ability to turn its location-awareness on and off, or determine whether or not it'll display on your lock screen. If you tap the trash can icon, you'll be asked if you want to delete the pass. Tap yes and an animated shredder will slide up the screen, cutting the pass into strips, removing it from Passbook.

Handy, and sure to get better

Passbook has only been available for a matter of days, but we're already finding it pretty handy. Its usefulness will only improve as more retailers and businesses design their apps to make use of it. Before long, we'll all hopefully have a lot more room in our wallets because of fewer cards and papers we'll need to worry about losing thanks to this handy app.

More stories from Tecca:

Source: http://www.nbcnews.com/technology/gadgetbox/how-use-passbook-your-iphone-1B6043714

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This Kerning Game Must Become Obligatory Training to Every Wannabe Designer In the World [Play This]

Imagine a world where every logo, headline and text were perfectly typeset. Every letter on every word on every publication optically kerned to perfection. That world will never happen, but if every single wannabe designer and wanker with Corel Draw and Microsoft Powerpoint played this game, we will get close enough to it. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/Z77J1vnU7-M/this-kerning-game-must-become-obligatory-training-to-every-wannabe-designer-in-the-world

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Vin Diesel in talks for "The Last Witch Hunter"

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Source: http://news.yahoo.com/vin-diesel-talks-last-witch-hunter-194443944.html

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London's Metropolitan University: is higher-ed door too easy to open?

London's Metropolitan University is taking legal action after losing its right to admit non-EU students. The case has pitted efforts to tighten immigration against a lucrative international student industry.

By Ben Quinn,?Correspondent / September 6, 2012

Students and supporters protest outside Home Office in London against the potential deportation of thousands of overseas students after London Metropolitan University is stripped of its right to sponsor students from outside EU, Wednesday.

Sang Tan/AP

Enlarge

With an intake drawn from more than 150 countries at last count, London?s Metropolitan University has long been a magnet for overseas students attracted not only by the world-class reputation of Britain?s higher-education system but the prospect of going to school in one of the world?s most multicultural cities.

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Yet this week, the school was forced to launch a legal action that goes to its very survival, following a decision by authorities to strip the 164-year-old institution of the right to admit students from outside the European Union.

Thousands of students now face deportation after the UK Border Agency (UKBA) found that more than a quarter of a sample of students studying at the university did not even have permission to stay in the country. Meanwhile, Metropolitan University, which enrolls 30,000 young people, including some of the UK?s poorest, has vowed to defend its reputation.

Amid street protests by distraught students, as well as claims and counterclaims that the university has been, variously, badly run or the victim of a confused regulatory framework, the controversy has led to tensions between a university sector eager to preserve the lucrative overseas student industry and a shift by the British government towards a more hard-line approach to immigration.

?In terms of immigration policy, two trends are currently working together ? a drive to reduce the overall numerical level of net migration and within that, a particular focus on enforcement of immigration law,? says Scott Blinder, whose research at Oxford University?s Migration Observatory focuses on public opinion toward migration and its impacts on elections and policy.

Research by the Observatory last year suggested a recognition among the British public of the legitimacy and value of overseas students, whose numbers make up the bulk of migrants in the UK. When asked what groups came to mind when thinking about a "typical" immigrant, less than 30 percent of those polled checked "students" ? as opposed to asylum seekers and others.?

?So people are not so concerned about student immigration ? but they are concerned about so-called illegal immigration and the overstaying of visas. This case falls in the middle of those two aspects of public sentiment,? adds Dr. Blinder.

Until recently, government moves to clamp down on the manipulation and abuse of student visas have focused on sectors such as English language schools and private institutions, while care has been taken not to risk damage to the university sector.

Overseas students are worth ?5 billion (about $8 billion) per year to the UK, and the industry could be worth ?16.9 billion (about $27 billion) by 2025, according to Universities UK, the organization representing the university sector.

Damian Green, the immigration minister, said last week that checks had revealed a "significant proportion" of students at the Metropolitan University did not have good English and there was no proof half the students were attending lectures.

Launching a legal action Tuesday against the UKBA?s ruling, the university contended that there was "no evidence of systemic failings" and accused immigration inspectors of ignoring information provided during their audit.

Earlier this week, an influential all-party parliamentary committee scrutinizing state expenditures condemned the UKBA for passing responsibility for student visas to universities before implementing proper controls. The committee said the number of migrants who took advantage of gaps in the system could have been as high as 50,000.

Meanwhile, hundreds of legitimate students have been searching for new university sponsors before their existing permissions to study in Britain expire.

Syed Rumman, a Bangladeshi overseas student and vice-president for education for London Met's student union, said that students? lives were being ?binned.?

?The UK is popular with students from abroad, especially countries with historical cultural ties to Britain, because the standards of education are world class and of course London is a thriving, multicultural city.

?But if I was involved I the British government," he continues, "I would be very worried about the future because many students at the moment are advising their friends and families to rule out coming to study here.?

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/gHL_Y2b4hm8/London-s-Metropolitan-University-is-higher-ed-door-too-easy-to-open

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Democrats almost had their own Bain Capital candidate - The Term ...

FORTUNE -- Elizabeth Warren gets her prime-time closeup tonight in Charlotte, as Democrats hope some extra exposure could help them recapture the U.S. Senate seat they lost to Scott Brown (R-MA) after Ted Kennedy passed away. She is largely viewed as the antithesis of Mitt Romney, a godmother to the Occupy Wall Street movement.

But things could have been very, very different.

Among those who vied to succeed Kennedy was Steve Pagliuca, a managing director with Bain Capital since 1989. Before that he had been a management consultant with Bain & Company, where he helped establish the firm's business turnaround practice. And, yes, he attended Harvard Business School.

Sounds a lot like Mitt Romney, except that Pagliuca was running as a Democrat. He was one of four candidates in a primary that also included Massachusetts AG Martha Coakley, Congressman Mike Capuano and social entrepreneur Alan Khazei.

It didn't go terribly well.

Socially liberal and fiscally moderate, Pagliuca told voters that his business background -- which also included an ownership stake in the Boston Celtics basketball franchise -- meant that he would understand how to help create jobs. He also pledged to be a solid 60th vote on Obamacare. Reasonable positions for the primary, but Pagliuca stumbled in the debate and was never able to create a ground-game that could compete with more established pols like Coakley and Capuano. He ultimately finished last, with just 12% of the vote.

Of course, the winner of that primary -- Martha Coakley -- was a lazy candidate who was rarely seen in public until the campaign's final days (when the polls turned against her). She also made some inexplicable errors about the local sports scene (i.e., calling Curt Schilling "a Yankees fan") that ultimately helped Scott Brown go to Washington.

I'm not saying that Pagliuca would have necessarily beaten Brown in the general, but just imagine if he had. Imagine if a Bain Capital executive had become heir to the Kennedy seat. Imagine if the Obama campaign would have had to figure out how to attack Romney's business experience without simultaneously decapitating their Senate candidate? Imagine Elizabeth Warren prowling radio row, waiting for someone to offer her a chair.

Just saying that this week in Charlotte could have gone in a much different direction.

Sign up for Dan's daily email newsletter on deals and deal-makers:?GetTermSheet.com

Source: http://finance.fortune.cnn.com/2012/09/05/democrats-almost-had-their-own-bain-capital-candidate/

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User:AdorneHendren774 - Music Ontology Wiki

From Music Ontology Wiki

Out of all the methods for making money online, being paid to experience computer games is just about the exciting concept; how can you get paid some thing which is so entertaining and enjoyable?!

You will find hundreds of online gaming websites that permit you to compete against other online players, using the winner buying a cash prize. It is a small amount of money each and every time you play a game title, and usually should you win you may receive the other opponents? entry money plus your own being a prize fund. Then it pays to be good at playing games!

The best way to attempt making money online playing online games is to find a games site that is certainly free to join, and after that try and pick a game that you like to play. You should always be able to play totally free in practise mode; or perhaps you will just turn out throwing your money away. Browse the game instructions and rules in case you miss out on any bonuses or secrets available, after which spend a few hours practising the bingo.

When you think that you can play in the game with a high standard, begin to challenge other online opponents. If you can, have a look at their top scores to the game you are about to play - in order to see how your score compares against theirs. Usually it will cost around 35pence to play a game, with all the winner receiving around 65pence (as the online game site will have to take their own cut of the money). Should you be doing well and winning lots, try and go up a prize level; some games might cost pound1.50 to penetrate but will have a prize of pound3 approximately. There are some great tournaments over the internet too, with entry for pound1 plus a prize fund of pound70. In the event you aren't managing to beat any opponents however suggest you stop playing for cash, and go back to practise mode.

Up to now from scanning this article on generating massive income online playing video games you might feel a little short-changed. Obviously anyone can make money online should they be talented enough - they may make thousands of pounds from online betting sites if they're able to successfully predict competitive sports, or they might easily earn their living playing poker online if they are adequate. This is the in final summary is online gaming; however there's another factor to take in to consideration when deciding whether it is a viable strategy to make money online: the usage of cashback websites.

Cashback websites pay you to make an online transaction completely from their website. A cashback website will include thousands of website links, and they are able to track any purchases that you just make at all of these websites, and will give you a amount of cash back being an incentive to help you their shopping links. That you do not only get money back on shopping made online though. You can generate cashback whenever you join a web-based bookmaker, on-line poker site or significantly, even an internet gaming website. Don't are you making any kind of gamble by playing games from your own cash; the cashback website assures you around pound10 for joining a web based games site.

It's simple to join a web-based gaming site utilizing a cashback website, create a cash deposit at the game site and after that play pound10 price of online games, safe knowing that you will not have lost a penny because of the cashback website tracking your activities. You might play pound10 price of online games and lose all, but you will still need made pound10 with the cashback website.

So if you are able to practise free of charge at the flash games site unless you can play to a reasonable standard, you won't not come up with a loss by joining from the cashback website, however, you will hopefully begin to win other people's money on the gaming website. This is the way you can start to generate money online and get money to play online on-line computer games, using cashback websites. Sbobet

Source: http://wiki.musicontology.com/index.php/User%3AAdorneHendren774

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