xi

IXI IP, LLC v. Samsung Electronics Co., Ltd.

(United States Federal Circuit) - Affirmed that certain patent claims relating to a wireless networking device were invalid as obvious. The Federal Circuit affirmed the Patent Trial and Appeal Board in an inter partes review proceeding.




xi

Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

(California Court of Appeal) - Award of attorney fees to defendant in an underlying action for misappropriation of trade secret by seeking to hire away plaintiff's employees, is affirmed where: 1) the trial court's findings are free of procedural error; 2) the finding of plaintiff's bad faith is amply supported by evidence that defendants did no more than attempting to recruit the employees of a competitor, which they are entitled to do under California state law; and 3) defendant prevailed when plaintiff dismissed the suit to avoid an adverse determination on the merits.




xi

Stein v. AXIS Ins. Co.

(California Court of Appeal) - In an action against two insurance companies, brought by a plaintiff-insured who was denied coverage under a D&O policy because he was convicted of securities fraud, the trial court's judgment sustaining defendants' demurrer and dismissing the complaint is: 1) affirmed in part where the AXIS demurrer was properly sustained because AXIS was a stranger to the HCC policy and owed no duties connected with it; but 2) reversed in part where the HCC demurrer was improperly sustained because when a policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a 'final determination' of the insured's culpability applies only after the insured's direct appeals have been exhausted.




xi

Stein v. AXIS Ins. Co.

(California Court of Appeal) - In an action against two insurance companies, brought by a plaintiff-insured who was denied coverage under a D&O policy because he was convicted of securities fraud, the trial court's judgment sustaining defendants' demurrer and dismissing the complaint is: 1) affirmed in part where the AXIS demurrer was properly sustained because AXIS was a stranger to the HCC policy and owed no duties connected with it; but 2) reversed in part where the HCC demurrer was improperly sustained because when a policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a 'final determination' of the insured's culpability applies only after the insured's direct appeals have been exhausted.




xi

Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd.

(United States Ninth Circuit) - In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court’s grant of summary judgment, its finding of exceptionality, and its award of attorney’s fees under the Lanham Act are affirmed, where the plaintiffs did not present evidence sufficient to create a triable issue as to the nonfunctionality of its claimed trade dress, but the district court's award of non-taxable costs and certain taxable costs is reversed.




xi

IXI IP, LLC v. Samsung Electronics Co., Ltd.

(United States Federal Circuit) - Affirmed that certain patent claims relating to a wireless networking device were invalid as obvious. The Federal Circuit affirmed the Patent Trial and Appeal Board in an inter partes review proceeding.




xi

Xitronix Corp. v. KLA-Tencor Corp.

(United States Fifth Circuit) - The Fifth Circuit transferred a case back to the Federal Circuit, from which it had been transferred. The two circuits disagreed about which one was the proper forum for this appeal, which involved a company's claim that a competitor violated antitrust law by obtaining a patent through fraud.



  • Antitrust & Trade Regulation
  • Patent

xi

Califonia Communities Against Toxics v. Environmental Protection Agency

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.




xi

Axiom Foods, Inc. v. Acerchem Int'l

(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.




xi

Ennio Morricone Music v. Bixio Music Group

(United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant.




xi

California Communities Against Toxics v. EPA

(United States DC Circuit) - Dismissed. The Wehrum Memo relating to air quality was not a final agency action, so the court lacked subject matter jurisdiction to hear complaints about its contents.




xi

Califonia Communities Against Toxics v. Environmental Protection Agency

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.




xi

Mexico's Mike Rosales Releases "Just Feel"

Mexico's Mike Rosales Seeks To Rock The Underground House Scene With "Just Feel".




xi

A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground.




xi

Khoja v. Orexigen Therapeutics, Inc.

(United States Ninth Circuit) - Reversed in part the dismissal of a securities fraud class action alleging that a biotechnology firm misrepresented to investors the status of a clinical drug trial. An investor brought this suit contending that the company and certain top executives violated Section 10(b) of the Securities Exchange Act of 1934. On appeal, the Ninth Circuit held that the district court erred in part in dismissing the complaint for failure to state a claim. The panel also ruled that the district court abused its discretion in judicially noticing certain facts and in incorporating certain documents into the complaint.




xi

Finally: Police Drop Investigation Into Working-Class Brexiteer Darren Grimes

London's Metropolitan Police have finally dropped their investigations into working-class Brexit campaigner Darren Grimes and Vote Leave's Alan Halsall, in another defeat for the supposedly neutral Electoral Commission.




xi

Despite Reported Under-Counts, Mexico Surpasses 3,100 Coronavirus Fatalities

Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic




xi

Axiom Foods, Inc. v. Acerchem Int'l

(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.




xi

‘Just Be Courteous’ — CapRadio Answers Your Questions About Anxiety, Who To Listen To And What Precautions To Take As The Stay-At-Home Orders Begin to Lift

By Ezra David Romero

As the state slowly begins to reopen there’s a lot of mixed messages about what it means for Californians because counties, cities and the state are opening at different paces. 

CapRadio recently asked our audience about what concerns them about the reopening beginning to take place. We heard everything from California is opening prematurely so officials should take more caution to relief that some people can go back to work. 

There was an air of anxiety in their responses like this: “I think it is too early, and people just need to calm down. We need more testing before we start making plans to reopen so we can know what we are dealing with.”

Our listeners noted that they’re concerned because there are new transmissions and deaths from COVID-19 almost daily in the state. As of May 6 there were 60,614 cases in the state and 2,504 deaths. 

But how do we move forward? CapRadio’s region encompasses many counties and two states all with different rules. Imagine living in one county with a strict stay-at-home order and working in another where restrictions are limited. That’s the reality for many of our listeners and it’s producing anxiety for some.

We reached out to experts to find out how to meander through all the noise, news and changing guidelines.

What we looked into:

Experts:

Sarah Jaquette Ray - Author, A Field Guide to Climate Anxiety: How to Keep Your Cool on a Warming Planet 

Paul Smaldino - Assistant Professor of Cognitive Science at UC Merced. He studies the interaction between individual behavior and social organization, with a perspective rooted in evolutionary ecology and complex systems.

Holly MartinezDirector of Programs and Advocacy with the California State Parks Foundation.

Kathyrn G. Kietzman - research scientist at the UCLA Center for Health Policy Research. Emphasis in elder health. 

John Swartzberg - an infectious disease specialist at the UC Berkeley School of Public Health.

How to find meaning within this crisis and how to fight off anxiety

Make a list.

That’s the advice Sarah Jaquette Ray is giving people who are dealing with anxiety because of the pandemic. The list should include all the things that are going well, because it will hopefully lift you out of the mundane. 

“Every morning I try to write down a couple of things that I'm going to look forward to that day,” Ray said. “Even if it's as simple as like making lunch for my kids or something dumb like calling my mom … it kind of marks points in my day that are a little bit more redolent with meaning for myself.”

The goal is to milk the value out of what we can control in our lives, Ray said. She recently wrote a book about climate anxiety and she says COVID-19 isn’t too different. 

“Climate change is going to unleash a lot more pandemics,” she said. “There's a direct kind of scientific connection. But in terms of the immediate threat that we feel with COVID, most people don't really feel that with climate change.”

She says people should see pandemics as part of climate change. But she says not to get too caught up in that and think about ways to overcome anxiety. She recommends only consuming media so often, because it can be overwhelming, disruptive and confusing for people.  

“We should be really thoughtful about the media that we consume and be quite disciplined about that because the media that we're consuming is known for trying to capture our negative attention,” she said. “We are also more inclined neurologically to focus on negative news … so we really need to be deliberate about the media that we consume.”

Lastly she says people should focus on what they can control because “that will distract us from a lot of the anxiety and worry, which is going to be there anyway.”

Precautions moving forward

With so many recommendations out there from local, county and state leadership, CapRadio decided to ask public health experts about how to go about life as the economy reopens. 

John Swartzberg, an infectious disease specialist at the UC Berkeley School of Public Health, says it can be hard to know what to do because there is no recent playbook on how to deal with the pandemic. 

“So the next best thing is to turn to people who are making decisions based upon good solid data as opposed to the kind of information we're getting out of the White House,” Swartzberg said.

He applauds how California dealt with bending the curve and he says “we can’t shelter in place forever,” but going back to work may mean a second wave of transmissions. As the pandemic lingers and some people return to their jobs he says it’s still important to socially distance, to use masks and to wash your hands. 

“I worry that people think that if they're wearing a mask, they don't have to be very careful … and that's not the case,” he said. “The mask will help prevent somebody else from transmitting it to you.”

But he says California hasn’t tested enough people and that “without rigorous testing, we may see the curve starting to go up, then we immediately have to pull back.”

Swartzberg reiterated that the virus is still here and we don't know what percentage of the American population has already been infected with it.

“Our best guesses are somewhere between 3 and 5%, which means there's somewhere between 95 and 97% of the American population still susceptible to this virus,” he said. “Nothing has substantially changed since this pandemic began. Nothing.

“It's hard to believe it won't happen, that people are going to get infected in large numbers again.”

Paul Smaldino, a professor who studies collective social behavior at UC Merced, is also concerned a second wave could take place. He recommends taking any precaution you can because this is about protecting each other. 

“Wearing a mask is going to dramatically decrease the chance that you infect someone else; and I think that framing often gets lost,” he said. “You should also think about the fact that if you're sick, you have a responsibility to other people to not infect them. Not just because you're a nice person or whatever, but because we are all part of a society.”

He recognizes needs are different for each community. For example, a rural town might need different rules than a metropolis.

“We also need to remember that we're connected, right?” he questioned. “Just because you live in a low population area doesn't mean you don't have the possibility of infecting someone or being infected by someone in a high population area, even if you yourself aren't going between those areas [because] people still travel.”

How do vulnerable communities move ahead? 

CapRadio also received a lot of questions about seniors and disadvantaged communities that are more prone to catching COVID-19. Some said they’re “scared about more infections and the disproportionate impact on people of color.” Others have illnesses or are of an age that make them more vulnerable and are “not not sure when it will be actually safe to go out or when can we allow family members to visit?”

Kathryn Kietzman studies elder care at UCLA and says it’s very important that vulnerable communities take extra precaution. That may mean staying indoors a lot longer than everyone else. 

“I think that seniors and people of all ages with health conditions need to really proceed with caution and to not assume that because things are starting to open up that means we're free and clear,” she said. 

Because there's so many unknowns, like when a vaccine will be available, she says it’s important for seniors and their loved ones to stay the course.

Kietzman says “it’s a big risk to” open up the economy, because “you can't bring back a life. So, for me, the scales need to be balanced toward protecting and saving lives at all costs.”

For anyone dealing with sickness or 65 years of age or older she recommends talking to your doctor before you follow any order saying you can leave your home. 

“They may be able to help you without you having to leave your home to get evaluated,” she said. “Seniors and others with underlying health conditions that need attention, need to consult a doctor … to find out what can be done in response to their immediate health needs.”

She says it’s still very important to keep seniors in mind and to help them, because they will most likely be the last people to undergo a lifting of stay-at-home orders. 

“If stores are opening up that weren't open before, and an older adult has a need for something, enlist a family member or enlist a caregiver to get those things,” she said. “I would still recommend staying as close to the original stay at home guidelines as possible.”

For any seniors needing someone to chat with she recommends calling the Friendship Line. It’s a 24-hour hotline designed for older adults to have someone to reach out to when feeling anxious or to get information. That number is 1-888-670-1360

Is it safe to go out into the natural world?

Californians love the outdoors. It’s been hard for many to shelter-in-place when some of the best trails, parks and beaches in the world are so close by. 

CapRadio listeners who enjoy the outdoors or live in rural areas are concerned as well. They are worried about people bringing the coronavirus to places like Lake Tahoe, which could have lasting effects on the economy there.

There’s been a lot of confusion, or desire, about where people can recreate during the shelter-in-place orders. Holly Martinez, director of programs and advocacy with the California State Parks Foundation, says that’s because “most Californians don't typically understand the difference between a city, county, regional, state or national park.”

Martinez’s advice is simple. Check to see if the area you want to visit is open before you leave. And if you’re sick stay home no matter what the order for your area is. 

“Don't go outside — that is a really important thing even if you have face covering or gloves, it's just better to be safe than sorry to not expose other people to whatever illness you might have,” she said.

If you are feeling well and choose to hike a trail or visit a beach she says only go with the people you live with. 

“Don't take that risk to expose others who might be carrying the virus and not even know it,” she said. 

When people go outside she recommends wearing a mask and gloves, especially when visiting areas with lots of people. She also says to bring hand sanitizer and lots of water because fountains will likely not be running.  

When hiking, visiting a park or laying out at the beach she says to stay six feet away from people and to make sure your presence is known.

“If you're approaching somebody, simply say hello and move aside giving the other person six feet of space to move by,” she said. “Just be courteous … and be very communicative about your presence so that people are clear that you're there and that we're respecting each other's space so that we can all enjoy these incredible places.”

CapRadio's Helga Salinas contributed to this report.




xi

A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground.




xi

State Budget Deficit / Yuba Sutter Mall Reopening / Monitoring Mental Anxiety / COVID-19 Children’s Book

We check in on the state budget deficit and the controversial reopening of the Yuba Sutter Mall. A trio of UC Davis Medical Center nurses on the value of nursing during the pandemic. How to monitor mental health and a new COVID-19 children’s book.




xi

A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground.




xi

Esteemed Classical Violinist Xia Xia Zhang's First Commercially Released Single Zhang’s Rendition Of The Famous Classic Cesar Franck Violin Sonata In A Minor II Alle

Xia Xia Zhang, Classical Violinist Performs Her Seven Minute,forty-two Second Long Version Of The Franck Violin Sonata By Cesar Franck. It Is One Of His Best-known Compositions, And Is Considered One




xi

Alexia Riva Shines Again On New Single

Alexia Riva Is A French Mexican Singer Songwriter Based In Barcelona Who Has Created A Signature Sound That Revolves Around The Worlds Of Pop, Jazz And Soul Music.




xi

Top 20 ITunes Artist Raises Funds For Dyslexia With EXCLUSIVE Amazon Prime Video

Canadian Musician Ed Roman Is Raising Funds For Dyslexia Through Amazon Prime Video Sales And Rentals Of His Award-winning Animated Music Video, “Red Omen.”




xi

NORTHROP GRUMMAN CORPORATION v. AXIS REINSURANCE COMPANY

(US 3rd Circuit) - No. 19-1949




xi

Ennio Morricone Music v. Bixio Music Group

(United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant.




xi

Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.




xi

Xitronix Corp. v. KLA-Tencor Corp.

(United States Fifth Circuit) - The Fifth Circuit transferred a case back to the Federal Circuit, from which it had been transferred. The two circuits disagreed about which one was the proper forum for this appeal, which involved a company's claim that a competitor violated antitrust law by obtaining a patent through fraud.



  • Antitrust & Trade Regulation
  • Patent

xi

Celebrity Family Ties You Never Knew Existed



Celebs and their secret family ties.



  • Lift Every Voice



xi

La La Anthony Says Quarantine Has Her ‘Anxious & Uncertain’



But she’s got an exciting new project to focus on.




xi

Meghan Markle To Give Her First Interview Since 'Megxit'



She was offered up to $1 million for the exclusive.




xi

Flexin' At The Mo' BETA Bodega!



Swag is all you need in the Mo' BETA Bodega!




xi

Michael B. Jordan: Boxing Is “A Beautiful, Violent Ballet”



He’s talking barres.




xi

Michael B. Jordan: Boxing Is “A Beautiful, Violent Ballet”



He’s talking barres.




xi

Exceptional Black Women: Maxine Waters



The congresswoman stands up against discrimination.




xi

Rep. Maxine Waters Says Sister Dying Of Coronavirus



The California lawmaker revealed the news in House session




xi

How Christina Milian Learned to Overcome Anxiety



The actress/singer took an unconventional path.




xi

New Theme: Ixion

Ixion is a professional theme designed with schools, non-profits, and organizations in mind.




xi

Golf: Jarryd Dillas Finishes T28th In Mexico

Jarryd Dillas concluded competing in the Latin American Amateur Championships at the El Camaleon Golf Club in Mayakoba, Mexico. The Bermudian golfer finished T28th overall with a score of 18-over par 302 after four rounds. In his final round he shot a 3-over par 74; Dillas’ round consisted of 3 Birdies, 9 Pars and 6 […]

(Click to read the full article)




xi

BMC To Host Motocross Racing On Boxing Day

The Bermuda Motocross Club will be hosting a round of racing on Boxing Day from 1:00pm to 4:00pm at Southside Raceway in St. David’s. The event will will feature Dash for Cash, Veterans Race and a Women’s Race. There will be food, drinks and snacks for sale. Ticket price is $10 for adults, $5 for […]

(Click to read the full article)




xi

Photos, Video & Results: Boxing Day Motocross

The Bermuda Motocross Club held a round of racing on Boxing Day, with Azai Burt, Grae Edness, Jazuri Thompson, Rickai Raynor, Jason Decouto, Jaron Roberts and Zico Majors,emerging as winners from the day’s action. Azai Burt won the Pee-Wee Class on the day, while the 50cc Class was won by Grae Edness. Jazuri Thompson rode to victory in the […]

(Click to read the full article)




xi

Trey Mallory Wins Tennis Match In Mexico

Richard ‘Trey’ Mallory recently battled from a set down to defeat Mexico’s Adrian Diblidox 3-6, 7-6[12], 6-4 while competing on the ITF World Junior Tennis Tour in Queretaro, Mexico. Traveling coach Carlton Bedminster from Dominguez Pro-Tennis said, “Trey showed true character and heart to win a marathon match that lasted just over four hours on […]

(Click to read the full article)




xi

Tennis: Trey Mallory Defeats #1 Seed In Mexico

Bermuda’s top ranked junior Richard ‘Trey’ Mallory continued his exceptional form on the ITF World Junior Tennis Tour in Queretaro Mexico, by stunning the #1 seed Emiliano Gonzalez in front of his home crowd of Mexico 6-3, 6-3. A BLTA spokesperson said, “With many college scouts in the stadium watching the match, Gonzalez ranked #161 […]

(Click to read the full article)




xi

Photos & Video: Mexico Defeat Bermuda

Mexico defeated the Bermuda football team by a score of 2 – 1 last night, with Dante Leverock scoring the lone goal for Bermuda. The Gombey Warriors came extremely close to qualifying for the next Gold Cup, as they only needed a draw to do so, and held Mexico to a score of 1 – […]

(Click to read the full article)




xi

Column: Foods To Combat Anxiety & Depression

[Opinion column written by Agathe Holowatinc] Recently, I was asked: “Agathe, is there such a thing as foods that help combat anxiety and depression? If so – what are they?” And so that’s what I’d like to focus on today in my post, because it’s a very timely question, given the global panic around coronavirus […]

(Click to read the full article)




xi

AXIS Expands Renewable Energy Expertise

AXIS Insurance, the insurance business segment of AXIS Capital Holdings Limited, announced the appointments of Sam Walsh as senior underwriter and Mat Pifer as an underwriter in its renewables division. Messrs. Walsh and Pifer will be jointly responsible for underwriting new and renewal, property and liability renewable energy business in North America, including large wind […]

(Click to read the full article)




xi

Music Video: ‘Taxi Everywhere’ By GVO Ft 1331

A new music video by local artists GVO and 1331 showcases their song “Taxi Everywhere,” with the video highlighting Bermuda “in a good positive way from a young person’s perspective – just having fun.” GVO said, “I came up with the theme; there is a song called ‘Uber Everywhere’ where a lot of top international […]

(Click to read the full article)