(California Court of Appeal) - Reversed the dismissal of a suit filed by a student athlete volleyball player against a community college after she was injured during a tournament game when she dove into the sand and her knee struck a rock. The community college argued that it was protected by an immunity covering field trips and excursions, as set forth in section 55220 of title 5 of the California Code of Regulations. Rejecting this argument, the Fourth Appellate District held that this provision did not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. The panel therefore reversed an order granting a demurrer and remanded.

(California Court of Appeal) - Revived claims brought by several African-American college basketball players that their head coach had engaged in race-based discrimination and retaliation. The players claimed that the coach reduced their playing time, afforded them fewer opportunities, punished them more severely and otherwise favored their teammates of other races. Reversed summary judgment in relevant part on their claims under title VI of the Civil Rights Act of 1964 and California law.

The Canadian Pharmacy Spammers are at it again, or should we say still at it again.

Stock market spammers are at it again. This time promoting the R.C.H.A stock.

So you are no longer winning lotteries, you are getting donations from generous lottery winners.

(Supreme Court of Delaware) - In a statutory appraisal action arising from an acquisition by merger, an order modifying the appraisal opinion is reversed where the dispute had become moot by operation of a settlement agreement, and the purported modification of the appraisal opinion therefore had no legal effect.

(Supreme Court of California) - Affirming the Court of Appeals determination that the manufacturer of a name brand drug whose labeling directs the warnings provided on its generic bioequivalent's packaging owes a duty of reasonable care to the consumers of the generic drug and that the liability for potential negligence doesn't automatically terminate upon transfer of the company's rights in the name brand drug to a successor manufacturer.

(United States Federal Circuit) - Affirming the District Court's determination that a proposed generic nasal spray would not infringe the patents of a company manufacturing the Nasonex nasal product.

(United States Ninth Circuit) - Partly affirming, partly vacating, and remanding the district court dismissal of a False Claims Act action brought against three pharmaceutical companies in a case involving off-label drug use and kickbacks to doctors because claims were substantially similar to those that had already been publicly disclosed, vacating to determine whether the situation qualified for the original source exception.

(United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid.

(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.

(United States Federal Circuit) - Affirming the decision of the Patent Trial and Appeal Board in an inter partes review proceeding of patents relating to boron-containing small molecules used to treat fungal infections, holding that all of the claims of a patent owned by a company were unpatentable for obviousness.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious.

(United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

(United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.

(United States Fourth Circuit) - In a class action complaint against the developer of a mobile video game entitled 'Game of War: Fire Age', pursuant to Federal Rule of Civil Procedure 23(b)(3), asserting a claim under Maryland's gambling loss recovery statute (Loss Recovery Statute), Md. Code Ann., Crim. Law section 12-110, alleging plaintiffs lost money participating in an unlawful 'gaming device,' a component of Game of War that allows players to 'spin' a virtual wheel to win virtual prizes for use within that video game, and seeking recovery of gambling losses that players incurred as a result of 'spinning' the virtual wheel, the district court's dismissal of the complaint is affirmed where the district court correctly concluded that plaintiff did not 'lose money' within the meaning of the Loss Recovery Statute as a result of her participation in the Game of War casino, and thus she failed to state a claim under Maryland's Loss Recovery Statute.

(United States Third Circuit) - In an appeal concerning the Government's ability to compel the decryption of digital devices when the Government seizes those devices pursuant to a valid search warrant, the district court's order, finding John Doe in civil contempt for refusing to comply with an order issued pursuant to the All Writs Act, 28 U.S.C. section 1651, which required him to produce several seized devices in a fully unencrypted state, is affirmed over Doe's claims that the court did not have subject matter jurisdiction to issue the order and that the order itself violates his Fifth Amendment privilege against self-incrimination.

With a lot of celebrities!

The post RAGE AGAINST THE MACHINE's Tom Morello Has Been Playing Weekly Dungeons & Dragons Games appeared first on Metal Injection.

Legendary Roland 808 Drum Machine Inspires New PUMA Sneaker Style

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

Jadakiss lays open the makings and emotions of 'Ignatius.'

He's helping his country, the DR Congo, fight the pandemic

Kicker Justin Rohrwasser said he would cover the tattoo

We must unite to save nature.

How to remove ConsoleLog from Mac?

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What is ConsoleLog?

ConsoleLog adware is designed to promote the Safe Finder website (by opening it through akamaihd.net), serve various advertisements and collect sensitive information. It is not common for users to download and install adware knowingly, intentionally. Therefore, ConsoleLog and other apps of this type are categorized as potentially unwanted applications (PUAs).

  I am looking for someone who can help me find and clear out excess data on one of my...

A couple of months ago, a records request revealed a private surveillance contractor had access to nearly every piece of surveillance equipment owned and operated by the state of Utah. Banjo was the company with its pens in all of the state's ink. Banjo's algorithm ran on top of Utah's surveillance gear: CCTV systems, 911 services, location data for government vehicles, and thousands of traffic cameras.

All of this was run through Banjo's servers, which are conveniently located in Utah government buildings. Banjo's offering is of the predictive policing variety. The CEO claims its software can "find crime" without any collateral damage to privacy. This claim is based on the "anonymization" of harvested data -- a term that is essentially meaningless once enough data is collected.

This partnership is now on the rocks, thanks to an investigation by Matt Stroud and OneZero. Banjo's CEO, Damien Patton, apparently spent a lot of his formative years hanging around with white supremacists while committing crimes.

In grand jury testimony that ultimately led to the conviction of two of his associates, Patton revealed that, as a 17-year-old, he was involved with the Dixie Knights of the Ku Klux Klan. On the evening of June 9, 1990 — a month before Patton turned 18 — Patton and a Klan leader took a semi-automatic TEC-9 pistol and drove to a synagogue in a Nashville suburb. With Patton at the wheel, the Ku Klux Klan member fired onto the synagogue, destroying a street-facing window and spraying bullets and shattered glass near the building’s administrative offices, which were next to that of the congregation’s rabbi. No one was struck or killed in the shooting. Afterward, Patton hid on the grounds of a white supremacist paramilitary training camp under construction before fleeing the state with the help of a second Klan member.

If you're wondering where the state of Utah's due diligence is in all of this, there's a partial explanation for this lapse: the feds, who brought Patton in, screwed up on their paperwork.

Because Patton’s name was misspelled in the initial affidavit of probable cause filed in Brown’s case — an FBI agent apparently spelled Damien with an “o” rather than an “e” — any search of a federal criminal court database for “Damien Patton” would not have surfaced the affidavit.

Now that his past has been exposed, the state of Utah has announced it won't be working with Banjo.

The Utah attorney general’s office will suspend use of a massive surveillance system after a news report showed that the founder of the company behind the effort was once an active participant in a white supremacist group and was involved in the shooting of a synagogue.

The AG's office can only shut down so much of Banjo's surveillance software. Other government agencies not directly controlled by the state AG are making their own judgment calls. The University of Utah is suspending its contract with Banjo, but the state's Department of Public Safety has only gone so far as to "launch a review" of its partnership with the company. City agencies and a number of police departments who have contracts with Banjo have yet to state whether they will be terminating theirs.

And the AG's reaction isn't a ban. The office appears to believe it might be able to work through this.

“While we believe Mr. Patton’s remorse is sincere and believe people can change, we feel it’s best to suspend use of Banjo technology by the Utah attorney general’s office while we implement a third-party audit and advisory committee to address issues like data privacy and possible bias,” Piatt said. “We recommend other state agencies do the same.”

It's refreshing to hear a prosecutor state that it's possible for former criminals to turn their lives around and become positive additions to their communities, but one gets the feeling this sort of forgiveness is only extended to ex-cons who have something to offer law enforcement agencies. Everyone else is just their rap sheet for forever, no matter how many years it's been since their last arrest.

The other problem here is the DA's office's tacit admission it did not take data privacy or possible bias into account before granting Banjo access to the state's surveillance equipment, allowing it to set up servers in government buildings, and giving it free rein to dust everything with its unaudited AI pixie dust.

These are all steps that should have taken place before any of this was implemented, even if the state had chosen to do business with a company with a less controversial CEO. This immediate reaction is the right step to take, but a little proactivity now and then would be a welcome change.

Recent advancements in Machine Learning (ML) have taught us two main lessons: a large proportion of things that humans do can actually be automated, and that a substantial part of this automation can be done with minimal human supervision. One no longer needs to select features for models to use; in many cases people are … Continue reading Three Paper Thursday: Adversarial Machine Learning, Humans and everything in between →

Very '90s kit was everywhere – and it saved Apple's ass too

On this day in 1998, Steve Jobs took to the stage of the Moscone Center in San Francisco for a product launch that would indelibly change the face of computing and arguably save the firm he founded almost 22 years earlier.…

iGiant not only screwed up the wiring, it knew it was shipping dodgy gear, it is claimed

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Infection with the Gram-negative bacterium Helicobacter pylori remains the most important modifiable risk factor for the development of gastric cancer, a leading cause of cancer-related deaths worldwide. How the interactions between H. pylori and its host shape the gastric environment during chronic infection warrants further investigation. In this issue of the JCI, Palrasu et al. used human cell lines and mouse models to provide mechanistic insight into H. pylori’s ability to delay apoptosis in gastric epithelial cells by actively driving the degradation of a proapoptotic factor, SIVA1. Their findings suggest that promoting the survival of gastric epithelial cells has implications not only for H. pylori pathogenesis but for host tumorigenesis.

Hypoxia-inducible factor (HIF) is strikingly upregulated in many types of cancer, and there is great interest in applying inhibitors of HIF as anticancer therapeutics. The most advanced of these are small molecules that target the HIF-2 isoform through binding the PAS-B domain of HIF-2α. These molecules are undergoing clinical trials with promising results in renal and other cancers where HIF-2 is considered to be driving growth. Nevertheless, a central question remains as to whether such inhibitors affect physiological responses to hypoxia at relevant doses. Here, we show that pharmacological HIF-2α inhibition with PT2385, at doses similar to those reported to inhibit tumor growth, rapidly impaired ventilatory responses to hypoxia, abrogating both ventilatory acclimatization and carotid body cell proliferative responses to sustained hypoxia. Mice carrying a HIF-2α PAS-B S305M mutation that disrupts PT2385 binding, but not dimerization with HIF-1β, did not respond to PT2385, indicating that these effects are on-target. Furthermore, the finding of a hypomorphic ventilatory phenotype in untreated HIF-2α S305M mutant mice suggests a function for the HIF-2α PAS-B domain beyond heterodimerization with HIF-1β. Although PT2385 was well tolerated, the findings indicate the need for caution in patients who are dependent on hypoxic ventilatory drive.

В подтверждение ранее появлявшихся слухов компания Apple выпустила обновленную модель MacBook Pro. Ноутбук получил 16-дюймовый дисплей, сохранив при этом форм-фактор модели с диагональю 15 дюймов. Но...

Согласно свежему сообщению от достоверных источников, в конце следующего года компания Apple выпустит новые поколения iPad Pro и MacBook Pro. Главная особенность новинок будет состоять в том, что они ...