Iranians may have abducted Briton in Dubai: UK government source

LONDON (Reuters) - Britain is taking seriously allegations that a British-Iranian citizen who went missing in Dubai in June may have been kidnapped by "elements in Iran", a government source in London said on Saturday.

Abbas Yazdi was reported missing on June 25 and his wife Atena has told Dubai-based news website 7Days that she fears he may have been kidnapped by Iranian intelligence officers.

"We believe that allegations that elements in Iran might be responsible for Mr Yazdi's disappearance are plausible, and we are taking them very seriously," the source told Reuters.

The Foreign Office said it was in contact with the authorities in Dubai and in Iran about the case and was providing consular assistance to Yazdi's family.

"We have asked the Iranians for any information they have about Mr Yazdi's whereabouts," a spokeswoman said.

"We are very concerned about Mr Yazdi's welfare."

Foreign Secretary William Hague raised Yazdi's disappearance with his Iranian counterpart Ali Akbar Salehi during a telephone conversation on July 31.

Britain is among Western nations at odds with Iran over its nuclear program and other issues. It shut its embassy in Tehran after what it called "an attack by government-sponsored militias" on the mission in November 2011. Iran's embassy in London was also closed.

The 7Days website cited Yazdi's wife as saying the 44-year-old trader and investor was a close childhood friend of the son of former Iranian President Akbar Hashemi Rafsanjani.

Atena Yazdi was quoted as saying that her husband had been detained in Iran in 1993 and held in solitary confinement by the intelligence service for six months. He had later travelled to London and obtained British citizenship, she said.

The couple had moved to Dubai 10 years ago, 7Days said.

The Foreign Office spokeswoman declined to comment on the details of the report or to release any details about Yazdi's background.

(Reporting by Estelle Shirbon; Editing by Louise Ireland)

Source: http://news.yahoo.com/iranians-may-abducted-briton-dubai-uk-government-source-165315015.html

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World Citizen: Turkey and Israel, Still No Happy Ending

It was the phone call heard around the world: The conversation between Israeli Prime Minister Benjamin Netanyahu and Turkish Prime Minister Recep Tayyip Erdogan was hailed as a major diplomatic breakthrough, a triumph for U.S. President Barack Obama, who in the last moments of his trip to Israel last March nudged the two leaders to end their festering disagreement.

Reconciliation, however, is yet to come. ...

Source: http://www.worldpoliticsreview.com/articles/13133/world-citizen-turkey-and-israel-still-no-happy-ending

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Oil spill contained in Pottery Addition

POTTERY ADDITION - Crews are expected to remain in the Pottery Addition area today to continue cleaning up soil contaminated Friday afternoon when a tanker truck rolled over and spilled approximately 6,500 gallons of white crude oil.

Jefferson County Sheriff Fred Abdalla said Kingsdale Road was closed to through traffic Friday night while special crews cleaned the road and surrounding area.

"The crews will remain on the scene until everything is thoroughly cleaned. Once this job is done the trucking company will be responsible for the clean up costs," declared Abdalla.

Article Photos

OIL SPILL ? A crane from the Bowers Corp. was positioned Friday afternoon in an attempt to right a crude oil tanker after it turned over at the truck stop in Pottery Addition. The Jefferson County Hazmat Team was called to the scene to contain and clean up crude oil that escaped from the tanker. - Warren Scott

Jefferson County 911 Center Executive Director Rob Herrington said a driver from Martin Trucking of Kimball, Texas had pulled into the parking area and parked and uncoupled the 7,500 gallon tank shortly after noon Friday.

"Apparently there was a soft spot in the parking lot or maybe a void under the asphalt because after the driver pulled away the tank collapsed and flipped over. When the tank flipped it hit a barrel filled with concrete that was used to designate the parking area. The barrel penetrated the tank and left a 10-inch gas in the tank body," explained Herrington.

Abdalla said it appeared the truck driver did not properly set the jack stands when he parked the truck.

"The puncture was low enough that the crude oil began to spill out very quickly. It took less than an hour for the tank to empty out because we couldn't do anything to stop it. We called in the Bowers Crane Co. but unfortunately we couldn't do anything to turn the tank over and we couldn't get a patch on the hole," said Herrington.

"The crude oil ran down a nearby alley to Kingsdale Road and stopped at the railroad track. The Hazmat Team called the local Ohio Department of Transportation who brought in sand and we were able to build a dike and dam and capture the oil in about three or four large puddles," said Herrington.

"We also notified the Coast Guard and the Steubenville water department in the event the oil reached the Ohio River. But we were able to contain the spill and keep it from entering the river," stated Herrington.

"No one was injured during the incident. This was more of an environmental issue than anything else. There were no hazard to anyone close by. We went into a protection mode. We did shut down the railroad tracks for approximately two hours until the oil was cleaned by by vacuum trucks. Representatives from the Ohio Environmental Protection Agency were at the scene," Herrington said.

"The Jefferson County Hazmat Team was in Pottery Addition for about two hours along with the Pottery Addition Fire Department. As of Friday night the Pottery Addition fire department was still at the scene," noted Herrington.

Source: http://www.heraldstaronline.com/page/content.detail/id/588932.html

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Judge blocks one restriction on Wisconsin abortion doctors

(Reuters) - A federal judge on Friday blocked a portion of a Wisconsin law that requires doctors who perform abortions to have admitting privileges at a hospital near their practice.

U.S. District Judge William Conley last month temporarily stopped the measure, days after Republican Governor Scott Walker signed it into law, and his latest ruling extends that indefinitely while a lawsuit proceeds against the provision.

Planned Parenthood, which filed the suit, is challenging the requirement that doctors performing an abortion have admitting privileges at a hospital within 30 miles of their practice.

The group, which sued in partnership with another abortion provider called Affiliated Medical Services, contends the law would create such hurdles for doctors that abortion in Wisconsin would only be available in the large cities of Madison and Milwaukee.

Conley, in his 44-page ruling, expressed similar concerns.

"Even if there were some evidence that the admitting privileges requirement would actually further women's health, any benefit is greatly outweighed by the burdens caused by increased travel, decreased access and, at least for some women, the denial of an in-state option for abortion services," Conley wrote in his opinion released on Friday.

A representative for Walker could not be reached for comment late on Friday, and the anti-abortion group Wisconsin Right to Life did not return calls.

"In Wisconsin, Texas, North Carolina and elsewhere we are seeing an unprecedented wave of attacks on women's health, and people are fed up with it," Planned Parenthood Federation of America president Cecile Richards said in a statement following Conley's ruling.

Earlier this week, North Carolina Governor Pat McCrory signed into law sweeping new restrictions on abortion clinics, including an admitting privileges requirement.

Texas Governor Rick Perry last month signed into law a similar statute as part of a sweeping measure that followed 12 other states in banning abortions at later than 20 weeks of pregnancy.

In previous rulings in Mississippi and Alabama, courts have blocked admitting privilege requirements for physicians who perform abortions.

Anti-abortion activists, frustrated at their failure to roll back the landmark 1973 U.S. Supreme Court decision that found women have a constitutional right to terminate pregnancy, have in recent years turned to enacting new abortion limits in states with Republican-controlled legislatures.

(Reporting by Alex Dobuzinskis; Editing by Ken Wills)

Source: http://news.yahoo.com/judge-blocks-one-restriction-wisconsin-abortion-doctors-021622242.html

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Barry Lewis: Schools now allowed to practice football one day sooner

By BARRY LEWIS World Sports Writer on Aug 3, 2013, at 2:23 AM??Updated on 8/03/13 at 4:58 AM

STATE HIGH SCHOOL football teams are receiving an extra day of fall practice this year.

The Oklahoma Secondary School Activities Association will allow its members to start practice on Monday, Aug. 12. Fall practice has traditionally started on Tuesday. The extra day was added to the conditioning period. Practice with pads will start on a Friday, as usual. That will be Aug. 16 this year.

"There's always been a kind of confusion about when practice starts," OSSAA executive director Ed Sheakley said. "We thought starting on Monday would make it easier for everybody and we thought one more day of conditioning before going to full pads would be helpful."

Reaction to the change was mixed during the Oklahoma Coaches Association Clinic held in conjunction with the All-State Games this week in Tulsa. Some coaches were not even aware of the change until they attended the clinic.

"When the proposal came across, I was indifferent about it," Union coach Kirk Fridrich said. "We will try to take advantage of it and treat it as a bonus, but there's only so much you can do without pads."

Glenpool coach Steve Edwards doesn't see the change as being very beneficial.

"I think it's a waste, but I don't mean that in a bad way," Edwards said. "It doesn't really help me a lot with conditioning. I think all programs have their players staying in shape during the summer. As an offensive line coach, you can't really do anything without pads on. It really would help us if we had the extra day with pads."

D.J. Howell is in his first season as Edison's head coach.

"I think the extra day is a good idea," Howell said. "Although kids are staying in shape, I think an extra day to get acclimated to the heat is good. I would rather err on the side of caution. And the extra day will allow us to work on some fundamental stuff."

Memorial first-year coach Ryan Reed was enthusiastic about the earlier start.

"We won't do a lot, but any practice we can get, we want," Reed said.

Coweta coach Bubba Burcham said, "It really does nothing. It's just another day in the heat."

Sand Springs coach Dustin Kinard also was not excited about the change.

"We're not going to even use the extra day," Kinard said. "We'll have our schedule the way we've always done it and start on Tuesday."

Moving up and down: The OSSAA's 2013-14 Annual Daily Membership Report that was released last week brought apparent good news to Edison and Hale. The ADM is used to place teams in classifications for athletics in the 2013-14 school year, except for football. The report is used to determine football districts for the 2014 and '15 seasons.

In order to give schools time to make sure their ADM numbers are accurate, the report won't be official until it's approved by the OSSAA board of directors at their meeting on Aug. 14.

Edison, which moved up to 6A in football for 2012 and '13, will drop back to 5A in 2014 and '15. The Eagles, 1-9 last year, have not had a winning season since 2005. Howell welcomes the move to 5A.

"It will obviously benefit us to play teams our size," Howell said. "But for this year we will look forward to being in 6A and competing with those larger teams, and seeing where we're at."

Hale was in 6A last year except in football but will return to 5A for all sports. Hale's boys basketball team, which has struggled in recent years but showed improvement in 2012-13, could contend for a state tournament berth with the move to 5A.

"We're very excited and glad to be back in 5A," Hale boys basketball coach Joshua McGee said.

The ADM report is a cliffhanger for Kiefer football coach Josh Calvert. Below 5A in football, other classifications aren't certain because there can be movement up or down for fringe teams depending on potential adjustments for private schools. As a result, Kiefer won't know until later this month whether it will be in 2A or stay in Class A for the 2014 and '15 seasons. Ketchum and Kiefer are on the 2A-A borderline. Kiefer just moved up to 11-man football last year.

"We're growing, but I would prefer to be in Class A," Calvert said. "We want to keep on being successful, and our chances of winning a gold ball would be better in Class A."

Union's Smith wins award: Union senior defensive lineman Janson Smith won a National Athleadership Grant sponsored by NCSA Athletic recruiting and the National Football League Players Association. The grant is awarded to student athletes based on leadership in their community, academic achievement, athletics and a required essay.

---

Read Barry Lewis' blog at tulsaworld.com/highschools

Original Print Headline: Football teams to get an extra day of practice

High School Football

All-State football game capsule

The story: The West used a huge defensive play near the end of the first half and three touchdown passes Friday night to topple the East 32-7 in the 76th All-State football game before an estimated 6,000 at Union-Tuttle Stadium.

Future college teammates shine at All-State football game

Cleveland quarterback Chas Stallard and Fort Gibson running back Jake Gandara got an additional head start on their college football careers during All-State week.

Source: http://www.tulsaworld.com/article.aspx/Barry_Lewis_Schools_now_allowed_to_practice_football/20130803_227_B3_STATEH618529?rss_lnk=227

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Cricket: Duminy stars in South Africa win over Sri Lanka

COLOMBO: JP Duminy starred with bat and ball as South Africa overcame Sri Lanka in an exciting 12-run victory in the first Twenty20 international in Colombo on Friday.

The tourists, restricted to a modest 115-6 after electing to bat, bounced back to stop Sri Lanka at 103-9 in front of a packed house of 30,000 at the Premadasa stadium.

Duminy top-scored with 51 off 52 balls to help the tourists recover from a poor start and then grabbed three wickets for 18 runs, earning himself the man of the match award.

It was a morale-boosting win for South Africa over the world's top-ranked Twenty20 side following an embarrassing 4-1 defeat in the last one-day series.

Kumar Sangakkara put up a fight for the hosts with an unbeaten 59 off 53 balls, but young opener Kusal Perera (11) was the only other batsman to reach double figures.

With 21 runs needed off the last two overs and three wickets in hand, left-arm seamer Wayne Parnell swung the game South Africa's way by removing Sachithra Senanayake and Lasith Malinga without conceding a run in the penultimate over.

Sangakkara hit two boundaries in Morne Morkel's final over, but it was not enough to carry his team to victory.

Morkel and Parnell finished with two wickets each.

South Africa's Twenty20 captain Faf du Plessis was delighted by his team's win.

"I am very chuffed and so proud of the boys," he said.

"We were under pressure after the one-day series, but the team showed great character tonight.

"The wicket was not easy to bat on, so I thought ours could be a good total. I told the boys that if we kept fighting, we could pull it off."

Sri Lanka's Dinesh Chandimal said bad batting cost his team the match.

"We bowled well, but then undid all the good work with some rash shots," he said.

"But there are still two more games to go and we will look to come back strongly."

David Miller (25) shared a fifth-wicket stand of 56 with Duminy after the Proteas slumped to 50-4 in the 11th over.

Off-spinner Senanayake, who shared the new ball with Malinga, struck in each of his first three overs to reduce South Africa to 23-3 by the sixth over.

Senanayake claimed both openers, Quinton de Kock and Henry Davids, leg-before, and then bowled South Africa's du Plessis for eight.

Star batsman AB de Villiers was on 15 when he skied Angelo Mathews to the cover region and Kusal Perera rushed in to take a good catch.

Duminy hit three boundaries and a six before he was dismissed in the penultimate over, caught in the deep off Ajantha Mendis.

The second and third matches will be played in Hambantota on Sunday and Tuesday.

Source: http://www.channelnewsasia.com/news/sport/cricket-duminy-stars-in/764102.html

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Commodities Today: Shale Oil Names Leading Us Higher, Coal Disappoints Again

Our thesis that one would want to move out of the metals and into the energy sector via oil and the NGLs is proving to be a winning trade and yesterday we saw a strong move higher across the board. Coal continues to be a loser, as Alpha's quarterly results prove this morning and as more and more of the integrated oil companies announce production numbers which are lagging we think that our positioning in the shale oil names may in fact pay further dividends if 'Big Oil' makes a move to buy up more of these names.

Chart of the Day:

Our attention is once again turning towards the US Dollar Index as it has fallen from yearly highs but recently perked back up. Another move higher could have a negative impact upon the oil stocks we have used to provide gains for the portfolios. We would look, and hope, for resistance in the 83-83.5 range to kick in and halt the move higher.

(click to enlarge)

Source: BigCharts

Commodity prices this morning are as follows:

• Gold: $1310.70/ounce, down by $0.50/ounce
• Silver: $19.885/ounce, up by $0.261/ounce
• Oil: $106.74/barrel, down by $1.15/barrel
• RBOB Gas: $2.9892/gallon, down by $0.0392/gallon
• Natural Gas: $3.384/MMbtu, down by $0.003/MMbtu
• Copper: $3.199/pound, up by $0.033/pound
• Platinum: $1437.60/ounce, down by $6.20/ounce

Oil & Natural Gas

Yesterday was a big day for our portfolios and many of the names which we do not personally own but have highlighted in our various morning updates.

One name which we do not directly own, but own via Gulfport Energy (GPOR), is Diamondback Energy (FANG). The stock has defied logic in its rise higher and trying to catch this one on the way up via buys on pullbacks has been quite difficult. Part of the reason is due to the company's operating performance but the main issue is because the analysts simply love the stock. The company has a solid capitalization structure with two large shareholders, Gulfport being one of them, which has provided the company with credibility and a large block of shares which until recently were tightly held. Diamondback also received another 'Buy' rating earlier this week as coverage was initiated on the stock by Miller Tabak. After rising $4.43 (11.60%) yesterday to close at $42.61/share and hit a new all-time high in the process we think that this one has a bit more room to run, especially now that it took out its old highs. Operating results should continue to impress, however the one thing that investors need to pay attention to is whether there are further share sales by their two large shareholders.

Diamondback has been a huge winner since its IPO, and as the company moves to develop the multiple targets it has in the Permian Basin we think that shares shall only continue to get more expensive - albeit at a slower pace.

(click to enlarge)

Source: Yahoo Finance

As mentioned previously we hold our exposure to Diamondback via Gulfport Energy and aside from a few trades we engaged directly in (in Diamondback shares) this has been how we have gained exposure to the name. Our longtime readers know that Gulfport Energy has been one of our best picks over the duration of our morning updates and that Gulfport's success has not hinged upon that of Diamondback's, but rather the company's ability to develop their prime acreage in the Utica Shale. Gulfport also set a new all-time high yesterday as shares rose $3.19 (6.00%) and closed at $56.39/share on volume of 1.6 million shares. Our focus is beginning to shift from the Utica to the company's other assets and what they may or may not do with them now that they have proven how valuable the Utica acreage is. This name will go higher as more wells are brought online and tied into sales pipelines, something that Gulfport is ahead of the pack in as it pertains to the Utica.

The chart on Gulfport had stalled out somewhat in the $50-55/share range, but with the latest move higher we think that this provides traders with enough ammo for the next step higher which could see shares hit $70/share.

(click to enlarge)

Source: Yahoo Finance

Whereas Gulfport and Diamondback are a bit on the speculative side, the name we have proposed for our more conservative readers also saw a strong day yesterday. We are discussing EOG Resources (EOG) which finally broke through the $150/share level we figured would provide resistance simply because it is a psychological milestone. Not the case, especially after investors who were hoping for growth in the large integrated oil companies saw 'Big Oil' abandon their production targets and announce higher costs. It is obvious that the shale drillers are finding the easy oil and have much more leeway in managing their growth once they have their acreage held-by-production and enough infrastructure in place to support operations. These facts continue to support many who believe that 'Big Oil' is not yet done picking off the larger names in places such as the Bakken and Eagle Ford Shales.

Which brings us to Rosetta Resources (ROSE) and a name we traded in and out of over the past year or two as the shares move between the low to mid $40s and $50/share. We cannot understand why this name is not at the minimum a $50/share stock when we think it is a $60/share stock. If one factors in the Permian assets they recently bought and uses conservative estimates both on production and speed in which the acreage is developed then it is, in our opinion, easy to see this stock somewhere around $75/share a few years down the road. That is assuming of course that oil prices stay around $95/barrel and NGL and natural gas prices can maintain current levels. It sounds crazy, but in reality it sounds just as crazy as when we said Gulfport was a $50/share stock back when it traded between $17-28/share. Long-term this will be a winner and should it be purchased by a bigger name in the industry those gains would come quicker.

Rosetta Resources, for those not trading in and out of it, has been quite frustrating. The shares have traded sideways for over two years and investors have been disappointed with the Bakken extension play which never panned out. The Permian purchase gives the company a second prime asset and we think that this shall be enough to return the company's shares to a solid performer over the next few years.

(click to enlarge)

Source: Yahoo Finance

Coal

Alpha Natural Resources (ANR) shares are indicated lower today in pre-market trading as the company reported another loss as prices realized on the sale of production continued to fall. The news is not what investors wanted to hear and depending on the overall market's move this one may very well test its 52-week low today. The company indicated that they would see production costs rise due to the previously announced suspension of production from one of their mines in Appalachia, but they also indicated that at today's prices selling thermal coal to export markets via the Atlantic is not an economic endeavor...not just for Alpha, but the US industry as a whole. It is really hard to get bullish after a report such as that one, and so this morning we shall not.

Disclosure: I am long GPOR. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article. (More...)

Source: http://seekingalpha.com/article/1598682-commodities-today-shale-oil-names-leading-us-higher-coal-disappoints-again?source=feed

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What to keep in mind when you require foundation repair - Moving ...

What to keep in mind when you require foundation repair

1 views This article is copyright free and is published in Moving and Relocating ? Home Improvement Joined: Nov 05, 2012

102 articles

Located in Ohio, Cleveland is a city filled with everything a man could ask for. Even a simple but most needed technology of concrete levelling and foundation repairs. With many reputed companies offering this work at much affordable rates foundation cracks and concrete lowering have become least of the worries for any one.

Some may require a rising of the level of concrete because it has lowered from the original level and some other problems maybe the cracks that developed on walls and foundation footings. To raise a lowered concrete slab a small hole is drilled into the slab and then filled with a mixture of crushed limestone and water, this forms pressure underneath the slab causing it to rise. To fix foundation cracks the cracks is filled with concrete and the underlying cause of the crack is blocked away.

Foundation repair in Ohio have been dealing with and solving many issues related with cracks in the most economical and environmentally friendly manner. But it is every customer?s duty to check that the underlying cause is solved. In most cases water collected under the foundation causes pressure resulting in cracks. This can only be solved when the source of the water is discovered and blocked.

Concrete levelling in Cleveland carries out the basic raising procedure offering its customers a 5 year warranty and 75 percent off. They also provide free redoes if the limestone shrinks before the 5 year warranty period. The most important factor to remember while raising a lowered slab of concrete is to mix the correct proportion of limestone and water and pump in only the required amount or else it would end up being raised more than required.

Concrete leveling in Cleveland also has some disadvantages. This includes limestone shrinking causing a small rise in the concrete. Another major disadvantage is that that concrete leveling business is only a seasonal affair. This means that over the years concrete leveling may not be lasting and that concrete levelling in Ohio is only done between April and October due to the high winter conditions during other months.

Similarly foundation repair in Ohio also has its disadvantages. Major disadvantages being most companies don?t check the in lying cause and only do the repairs work. Another disadvantage is that foundation repair often takes much more time than specified when one wants to look into the source of the problem.

But one can easily see that both concrete levelling and foundation repairs have more advantages over its disadvantages being the best solution for any concrete related problem.

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Federal Judge Breaks New Ground with Ruling on When a Patent is ...

Featured Expert Column

Beth Z. Shaw, Brake Hughes Bellermann LLP

Standard-setting organizations play an important role in helping consumers. For example, by establishing a ?802.11? standard, the Institute of Electrical and Electronics Engineers (?IEEE?) has helped guarantee that wireless devices of various manufacturers are interoperable, and that consumers can therefore buy wireless devices from a variety of manufacturers without worrying if the devices will be compatible with each other. As a result, consumers experience no switching costs if they choose to buy wireless devices from different manufacturers, leading to greater price competition.

Yet, while the standard-setting process has these potential benefits, there are also potential problems. For example, every manufacturer of standard-compliant products must use the technology stated in the standard. If one particular company owns a patent covering that technology, the standard can effectively force all others to buy that company?s technology if they want to practice the standard. This requirement allows the company to charge inflated prices that reflect an inflated value attributable to its technology?s designation as the industry standard. This is sometimes referred to as ?patent hold-up.?

Innovatio IP Ventures, LLC (?Innovatio?) has sued hotels, coffee shops, restaurants, supermarkets, and other commercial users of wireless internet technology located throughout the United States (collectively, the ?Wireless Network Users?). Innovatio alleges that the Wireless Network Users provide wireless internet access to their customers or use it to manage internal processes, and by doing so infringe various claims of twenty-three patents owned by Innovatio.

Cisco Systems, Inc., Motorola Solutions, Inc., SonicWALL, Inc., Netgear, Inc., and Hewlett-Packard Co. (collectively, the ?Manufacturers?) each manufacture devices used by the Wireless Network Users to implement their wireless internet networks. The Manufacturers filed declaratory judgment actions against Innovatio to find the patents invalid and not infringed.

Before claim construction, however, the parties and the court agreed to first evaluate the potential damages available to Innovatio if the Defendants are found to infringe Innovatio?s patents. The court noted that it hoped that addressing damages first could help speed settlement.

Each of the previous owners of Innovatio?s patents agreed to license any standard-essential technology covered by their patents on RAND terms. Yet, Innovatio disputed which patent claims were ?essential? under the standard.

The Defendants argued that Innovatio?s patents are all essential to the operation of the 802.11 wireless standard, and that Innovatio is therefore subject to the promises of the prior owners of the patents-in-suit to license the patents on reasonable and non-discriminatory (?RAND?) terms. The Defendants asserted that, at most, Innovatio ?can ?recover ?no ?more ?than ?a ?reasonable ?and ?non-discriminatory ?royalty ?if ?the Defendants are found to infringe the asserted claims.

The judge held in In re: Innovatio IP Ventures LLC Patent Litigation that a defendant has the burden to show, on a claim by claim basis, which claims of the patents are essential to the standard. In this case, the court used a standard from the IEEE Bylaws to determine essentiality. To prove that a patent claim is standard-essential, an accused infringer must establish by a preponderance of the evidence that ?(1) at the time of the standard?s adoption, the only commercially and technically feasible way to implement a particular mandatory or optional portion of the normative clauses of the standard was to infringe the patent claim; and (2) the patent claim includes, at least in part, technology that is explicitly required by or expressly set forth in the standard.? Here, the defendants carried the burden.

The court found that any ?extra? elements in Innovatio?s patent claims represented the only ?commercially feasible? way of implementing the standard in the particular devices at issue. ?It also found that a RAND obligation on an independent claim ?would be meaningless if the patent holder could charge an exorbitant fee for a claim dependent on the standard-essential independent claim and reciting only a technically basic additional element.?

The decision is significant in part because it appears to be the first ever to address the question of how to determine which asserted patent claims are standard-essential. As the court noted, the early determination of licensing terms and, consequently, potential damages, may have an important effect on early settlement of cases, thereby potentially reducing the cost of litigation.

Earlier this week, the Senate Committee on the Judiciary held hearings on standards-essential patents and antitrust law. The committee discussed? the use of standard-essential patents at the International Trade Commission, the role of injunctions as related to standards, as well as the part that Congress or other regulatory agencies can play in preventing or resolving potential threats from patent hold-ups. A webcast of the entertaining hearing is available here.

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Source: http://wlflegalpulse.com/2013/08/02/federal-judge-breaks-new-ground-with-ruling-on-when-a-patent-is-standard-essential/

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Egypt's military keeps Morsi's whereabouts secret

CAIRO (AP) -- Egypt is taking extreme measures to keep Mohammed Morsi hidden. It says dignitaries are helicoptered to the deposed president's place of detention after nightfall, flying in patterns aimed at confusing the visitors. The military also has reportedly moved Morsi at least three times.

"Maneuvers have been undertaken during the nighttime helicopter flight so as to disorient (the visitors) in regard to where the location is," Col. Ahmed Mohammed Ali, the military spokesman, told The Associated Press Wednesday, following a visit to Morsi Tuesday night by an African Union delegation.

The Egyptian army has kept Morsi in hiding since ousting him in a July 3 coup. But the military-backed interim leadership is under international criticism about Morsi's continued detention, and by allowing two high-level visits in quick succession it apparently hoped to ease the pressure.

"There are lies going around that he is badly treated, that he is under pressure, or that he is not taking his medication, and these were conveyed to the West," Ali said. "This step was part of a transparency policy and to refute such allegations. We have nothing to hide."

He said Morsi's whereabouts were being kept secret for his own safety because "there are millions of people against him, and moving him is not considered appropriate at the moment."

It's also possible, however, that if his place of detention were revealed, it would also attract throngs of Morsi supporters.

He has already been moved at least three times between Defense Ministry facilities in armored vehicles under heavy guard, security officials told the AP, speaking anonymously because they were not authorized to discuss the details of Morsi's case with the media. They said he is currently in a facility outside Cairo, but would not elaborate.

The African Union delegation head, former Mali President Alpha Oumar Konare, offered no clues to Morsi's location. He told reporters he had a "very frank meeting" with him but gave no details. Egypt's state news agency said it lasted an hour.

"We had a very good meeting with President Morsi," Konare said. "Permit me not to talk about it for the time being because probably there will be other meetings."

The African Union has suspended Egypt's membership because of the coup.

On Monday Morsi had a two-hour visit from Catherine Ashton, the European Union's top diplomat. She said the 61-year-old was well and keeping up with developments through TV and newspapers, but gave no other details. She said she saw the facility holding him, but didn't know where it was.

The military originally said it was holding Morsi for his own safety. But last week authorities announced he was being detained pending an investigation into allegations that he conspired with the militant Palestinian Hamas group to escape from prison during the 2011 uprising that toppled autocrat Hosni Mubarak.

Morsi's supporters have called his detention illegal.

"A second visit after Baroness Ashton to President Morsi from the African Union. When will his family, which is more deserving, visit him?" tweeted Essam el-Erian, a leading member of Morsi's Muslim Brotherhood. Morsi is married with five children.

Ali, the military spokesman, said there are unlikely to be more visits by foreign dignitaries, now that two delegations have found him to be in good health.

German Foreign Minister Guido Westerwelle arrived Wednesday, and his request for a meeting was refused. A delegation of U.S. senators arriving shortly has not asked for one. A two-member delegation from Egyptian human rights groups visited Morsi this weekend, but he refused to meet them, according to local media.

Despite the visits, Egypt's politics remain deadlocked.

Morsi's supporters say they will continue their street rallies until Egypt's first freely elected president is reinstated, while the interim government took a defiant stance Wednesday, declaring a monthlong sit-in by thousands of Morsi supporters is a national security threat, terrorizing residents and threatening state institutions. The government said the sit-ins will be broken up by legal means.

Shortly after the coup, thousands of Morsi supporters converged on a Republican Guard club in Cairo where they believed he was being held. Days later security forces killed more than 50 Morsi supporters near the facility, saying some were armed and tried to break into the building. The Morsi supporters denied it.

One intriguing detail that emerged from the meeting with Ashton was disclosed to the AP by a government official familiar with the talks between Ashton and Morsi.He said Morsiexpressed the wishto consult the Muslim Brotherhood's supreme leader, Mohammed Badie.

That could mean that Morsi, isolated for a month, needs to hear the Brotherhood's view on whether he should stand his ground, compromise or relinquish the presidency. The official spoke on condition of anonymity because he is not permitted to speak to the media.

Source: http://hosted.ap.org/dynamic/stories/M/ML_EGYPT_MORSI_UNDER_WRAPS?SITE=TXCOL&SECTION=HOME&TEMPLATE=DEFAULT

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