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Klaire - 2000 Bay Tennessee Walking Horse Mare - 14.1hh
Klaire came to KyEAC as a transfer from animal control. Due to extreme neglect, she has been affected by Equine Motor Neuron disease and requires easy daily supplements as well as a fairly level pasture. She does live outside 24/7 and gets along well with her pasture mates. Klaire has come a long way and has won us over with her indomitable will to live and spirit. She has some gait abnormalities and weakness but is a fighter. She had been handled a lot by staff, greatly enjoys attention and pampering, and would be a lovely companion to a special and extra considerate adopter.


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text: Marlene Jean BALLARD (nee Bright) 20th March 2020 at Wagga Wagga Base Hospital, formerly of Horatio Street, Mudgee. Beloved wife of Fred, much loved mother of Robin & Paul, Melinda & Mick. Loved grandma, sister, aunty and friend. Aged 86 years Rest in Peace A private family service will be held. MACQUARIE VALLEY FUNERALS & MONUMENTS Members of The N.F.D.A. and The F.D.A. of N.S.W. & Monumental Mason's Assoc. of NSW 118 Market Street, Mudgee Telephone: 6372 2331 All Hours


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I just wonder if the computers could properly calculate the "bounce" factor. Angelina to get naked in Tomb Raider 2? As for this in a TR film to sell more tickets. She shoots people to find treasure for crying out load, but they are worried about some boobie showing? Added de Bont Speed , "It's a darker, sexier story, and it shows Lara's [Angelina Jolie] vulnerability, and is more three dimensional. Angelina gets naked for a movie?
Macie. Age: 29.
It really doesn't fit in the movie, but it does crack me up that they worry about protecting Lara's image.
Pearl. Age: 28.
Angelina Jolie - Lara Croft: Tomb Raider (2001)
Sure the idea might sound good to 15 year old boys, but not if the film gets an R and they cannot go and see the movie. Nov 10, 4,, 1, This is the first time I've heard of this,and I'm suprised not shocked. Angelina to get naked in Tomb Raider 2?


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Last week, I wrote that Sabine Lisicki--since her return from injury and illness--cannot stop double-faulting. And so it goes...Today, in her first round in Los Angeles, she double-faulted eleven times against Kimiko Date Krumm. Krumm served for the match at 5-4 in the third set, but was broken, and Lisicki wound up winning 7-6, 2-6, 7-5. But this madness has to stop.
Aleksandra Wozniak defeated Bethanie Mattek-Sands 7-5, 7-5. Ayumi Morita retired because of a GI illness, and seven of the qualifiers are out in the first round; only Jill Craybas is still standing.


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Italian fashion house Dolce & Gabbana dreams up a magical collection for its latest Alta Sartoria outing. Looking to Ancient Greece for inspiration, Dolce & Gabbana's print savvy menswear indulges in rich Hellenic patterns. Cementing the season's theme, top models Evandro Soldati, Adam Senn, and Noah Mills even make an appearance in draped tunics. Taking a more practical but nevertheless dandy approach to Hellenic references, embroidered suits, oversized tops, and gladiator sandals contribute to Dolce & Gabbana's beautiful lineup.
Dolce & Gabbana Embraces Hellenic Spirit for Alta Sartoria Collection
Published on July 9, 2019


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Saturday, 2/8/2020 6:00 PM - 2/9/2020 12:00 AM
Freidenrich Community Park
Annual Benefit Page
OFJCC Annual Benefit tickets available exclusively for our preschool parents at a discount!
Act now! The only other way to get into this event is through sponsorship. Regular tickets will not be sold.
This sale ends at 5:00 PM on December 20.
Please plan to join us on Saturday, February 8, 2020 for a fun evening among friends, raising money to support scholarships for families to attend the OFJCC Leslie Family Preschool. There will be cocktails, hors d'oeuvres, dinner, entertainment and more!
We are so excited to have you celebrate with us that we are sharing this exclusive, early opportunity to purchase tickets to the event at the discounted rate of $180/person (limit 2 per person; regular price $360). This offer is only good for current OFJCC Leslie Family Preschool parents. Please no guests under 21.
For more information, please contact Rachel Guedelhoefer at [email protected] or (650) 223-8670.
We look forward to seeing you there!
Saturday, February 8
Freidenrich Community Park
Contact: Rachel Guedelhoefer | [email protected]
Oshman Family JCC
Taube Koret Campus for Jewish Life
3921 Fabian Way
Palo Alto, CA 94303
Detailed Contact Info →


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Great points, Fred! I couldn't agree more. Prayers for xandandl and family.
2020 schedule release?
Drum Corps Guy replied to Phantom56's topic in DCI World Class Corps DiscussionsPaul Cain was Drum Corps Royalty as far as I am concerned. I remember him fondly. Yes, new faces and new priorities I guess.
2020 schedule release?
Drum Corps Guy replied to Phantom56's topic in DCI World Class Corps DiscussionsXandandl, Agreed! I recommend it for the same reason. I'm originally from that area and grew up attending the parade with my family. It's been a long standing tradition for us. I haven't been in a couple of years due to other family commitments here in the DC/Virginia area, but it was always something I looked forward to.
2020 schedule release?
Drum Corps Guy replied to Phantom56's topic in DCI World Class Corps DiscussionsFor some who were wondering...spoke to someone at DCI today and asked about why Bristol, RI was taken off the schedule. I was told they were offered a contract but never got back to DCI with the contract. DCI called them and asked about the status and was told they were still thinking about it. Well, I guess they never got back to them. I guess it's not always what we think it might be in the scheduling business. Just an FYI for some of you who might want to know. Hope everyone has a joyous and wonderful holiday season.
Redesign the Tour
Drum Corps Guy replied to cixelsyd's topic in DCI World Class Corps DiscussionsAnyone know from whom they drew members for the task force?
What Four Cities.........?
Drum Corps Guy replied to KeithHall's topic in DCI World Class Corps DiscussionsAgree, party at Fred's or my place! DC would be a great venue as well!
What Four Cities.........?
Drum Corps Guy replied to KeithHall's topic in DCI World Class Corps DiscussionsSince we are all having fun and pipe dreaming...Here are my four. Los Angeles/Pasadena - Love the area. Yes traffic is always a challenge, but the weather, sites and food are always fantastic. Just think, that area handles and takes care of all the bands for the Rose Bowl Parade. It has a lot of experience hosting and housing some decent sized bands. Annapolis - Be it that I live pretty close to the area...You have Navy and Marine Corps Stadium. You have the Naval Academy right down the street who could house a couple of corps, plus they have a couple of decent sized indoor practice facilities. There are also quite a few High Schools in the area as well that could satisfy the housing requirements. Washington, DC and all it's attractions are not too far, along with National Harbor, tons of stadiums to practice in, etc... Gillette Stadium - Gillette has plenty of experience hosting huge championships events along with concerts, etc...Tons of housing options along with the New England being an old school Drum Corps destination. You have Boston as an attraction along with Newport, RI, Maine destinations, etc.. Somewhere in Pennsylvania - Love the Allentown area, but it wouldn't be able to handle the sheer chaos that is the DCI Finals, though I'm sure there is some venue close to that area that would be able to host it.
Madison Scouts 2020
Drum Corps Guy replied to IllianaLancerContra's topic in DCI World Class Corps DiscussionsHi, guys, I hope everyone enjoyed the rest of their summer! I for one must admit, I went through withdrawals after finals. Absolutely love this activity. I know I'm a bit late to the game with my post, but....Speaking of recognizable uniforms, I loved what the Cavies did this year at the closing ceremonies. They had the entire corps in their the uniforms. Really loved that gesture of keeping the tradition alive. Loved how they adjusted with themed costumes for the show, but went back to their roots wearing their traditional uniform clearly stating their identity as "The Cavaliers!" Can't wait to see how 2020 shapes out with each corps.
Happy Friday everyone! What everyone else said...I couldn't possibly add anything to this thread - but I'll try. It's like the New England Patriots, their owner Bob Kraft, their Head Coach Bill Belichick and their QB Tom Brady. They've all been together for close to 20 years (consistency). They have set standards for each and every person in that organization. I much suspect BD does as well. No matter who you are, you could quite possibly be the best trumpet player in the world, but if you don't meet the standards or at least follow them, you're gone. Not saying that BD is that harsh, but you all get the idea. It's all about chemistry as well. If you don't have the chemistry, you're not going to get that far. All the young men and women who try out for BD understand there's a certain level of excellence expected from each and every corps member, from the Director of the corps on down. It's simply amazing when you really think about it. Not saying that other corps don't have great leaders, but BD has a proven track record of consistently winning and placing in the top 1 or 2 for the last 25 years or so, and that's what draws the top talent to them in my humble opinion. Have a wonderful weekend everyone!
2019 Yard Sale Thread
Drum Corps Guy replied to DeanInChicago's topic in DCI World Class Corps DiscussionsGot no spirit and want to start a cult? Well come on down y'all to Atlanta. We've got 150 black robes with hoods and a door to hell. Heck, we'll even through in a stage (drummers not included), and then for those days where you're feeling a bit hot, we have you covered there too with some light blue shirts and pants that will make you feel cooler. Serious inquires only. LOL
Show concepts for 2020
Drum Corps Guy replied to johnpendell's topic in DCI World Class Corps DiscussionsHow about a tribute to John Williams? One of the greatest composers of our time. It would have to be a very well thought out and put together show. If done right, it could simply be amazing. I'm not sure which corps' design staff would do it justice though.
Favorite Ballad of the Year?
Drum Corps Guy replied to Cappybara's topic in DCI World Class Corps DiscussionsFor me it has to be the Blue Devils. It was the solo at the start, and the lead up to the rotating drill - gave me chills. Some of my other favorites from this incredible season are: 1. Blue Devils 2. Cavies 3. Bluecoats 4. Blue Knights 5. Boston
Alright BD! Congrats to all the corps!
I love the Bluecoats show, but it seemed like they had a better run last night.
I heard the same thing…just a tad early.


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The Institute of Church Ministry (ICM) is devoted to helping you excel in your ministry. We offer a variety of services that prove to be beneficial on several levels depending on your current ministry and what you would like to achieve. We understand that the world is changing quickly around us and sometimes it can be difficult to stay up to date on the current demographic trends and how they relate to church growth and particpation. At ICM, we help bridge those gaps, among other things, and help bring you the knowledge necessary to guide your ministry in todays society.
If you have any questions on how we can help you through our research, please do not hesitate to contact us.
Research on Church Issues
The world is changing quickly around us and sometimes it can be difficult to stay up to date on the current demographic trends and how they relate to church growth and participation.
This is our main emphasis. A denominational organization desires certain information and contacts ICM to conduct research. We first dialog together to determine what research design will best meet the clients need. This involves first deciding on what information is needed and from what source it is to be collected. ICM will then suggest questions that would obtain the desired information. A research design would specify the population to be surveyed, the sample size, the best method of surveying (mail, phone, or internet), and the number of follow-up procedures. Together with the client we decide on the type of analyses and the nature of the research report. We will not proceed until the client is satisfied with each point.
As to cost, we charge by the numbers of hours invested. In addition, there are expenses for printing, postage, stationery and envelopes, and other miscellaneous supplies.
Materials Development
The Institute of Church Ministry (ICM) can prepare documents as requested including books. See our section on past accomplishments. This also includes editing documents.
Institute of Church Ministry (ICM) personnel are available to consult on topics where we have expertise, either by traveling to the client's site or by phone conferences.
Student Development
Much of the work at ICM is done by students under the supervision of the director. The Institute of Church Ministry is fortunate to employ the expertise of seminary students as they are working on their masters and doctoral degrees. This work provides valuable experience for these students in the mission of the church. At ICM mission has top emphasis. Over the past thirty years many of our students have gone on to be successful pastors, Religion professors and administrators.
While having completed several major studies within the Adventist Church, the Institute of Church MInistry is also involved in several on going projects which have an affect on various aspects of church life.
Feel free to view the projects that we have completed as well as those we are currently involved with. If there are areas in which we can enrich your personal ministry, please contact us.
On-going Projects
Cooperative Congregational Study Partnership (CCSP). In an unprecedented project, over 30 denominations in the United States have joined forces to construct a common questionnaire and survey congregations with the purposes of discovering how to strengthen congregational life and to make congregations a force in American society. The project is headed by the Hartford Seminary Institute for Religion Research and financed by a major grant from the Lilly Foundation and contributions from contributing denominations. The original research was conducted in 2000, with smaller studies in 2005 and 2008. A major research project is being conducted in 2010 to assess the changes over ten years. ICM has collected the data for the Seventh-day Adventist Church in North America each wave, mailing surveys to 1000 Adventist congregations in 2010. While the Adventist data will be merged with that of the other partners to create a national data file, it will also be reported on separately for comparison with the overall data. The challenge is to produce materials that will aid congregations in strengthening their body life and their outreach. Both print and internet materials will be produced. The dissemination phase of this project is released under the label Faith Communities Today (FACT).
U.S. Study of Congregational Life. The NAD in cooperation with the Presbyterian Church in the USA and several other denominations have joined in a study of individual congregants. While the CCSP surveyed a key informant for each congregation, the USSCL surveys individual members. This study has been funded by grants from the Lilly Foundation and the NAD. Nearly a hundred Adventist congregations participated in 2001. A second wave was conducted in 2008. Each participating congregation receives a profile of the local membership. ICM has the total Adventist data set and is able to compare its findings with the aggregate data.
Evaluation of General Conference Strategic Plans. The General Conference of Seventh-day Adventists voted a world wide strategic plan at its Annual Executive Meeting. The plan covered Expected Results, Forecasting, and a SWOT Analysis for the quinquenium stretching to 2005. ICM was commissioned to collect the data to evaluate this plan in 2001. This involved collecting data from all union conferences in the world church. Then the study was replicated with some additional material in 2006 looking forward to 2010.
Member surveys. Approximately every three years ICM surveys the members of several hundred congregations in the North American Division selected to be representative as to size, ethnicity, and geographical region. The questionnaire regularly asks items about the personal ministries of the members and standard demographic questions. The various departments of the Division each have a chance to insert a few questions. Each year one special subject is featured. Past examples have been worship preferences, stewardship, communication, and Net satellite evangelism.
Dissemination. ICM is constantly trying to make the results of its research useful. This includes research reports, articles in various denominational journals, articles in scholarly journals, presentations at gatherings such as the North American Ministries Convention, seminars in churches, conference training events, and cooperation with the NAD Office of Research and Information.
Major Completed Projects
Youth retention study. Over 1500 Adventist teenagers, randomly selected from all of NAD, were surveyed each year for ten years in an attempt to discover the factors influencing dropout from or retention in the church. A longitudinal study of this kind had never before been attempted by any church. Preparation for the study, collection of the data over ten years, and analyzing and writing on the findings was a major concern of ICM from 1982 to 1998-a full 16 years. The book reporting on this study-Why Our Teenagers Leave the Church-was published in 2000 by the Review and Herald Publishing Association.
NAD retirement study. ICM surveyed a random selection of denominational employees in NAD to determine their knowledge and attitudes toward the present and future retirement plans. This study provided a base for the retirement committee as it drafted the new Defined Contribution Plan and made adjustments in the present Defined Benefits Plan.
Survey of criteria for hiring pastors. Presidents and ministerial directors of the NAD conferences were asked to rate the criteria they used in hiring pastors-both those new to the work and those currently employed in another field. The information is helpful in designing ministerial education.
Survey on continuing education in ministry. ICM surveyed 500 pastors randomly selected from the NAD to determine preferences for short continuing education seminars. The questions included subjects, venues, and preferred time slots.
Effective pastor study. This study attempted to differentiate between what characterizes effective pastors and those who are less effective. Hundreds of pastors were surveyed as well as leading lay officers of their congregations and conference ministerial directors. Comparisons were made on education, experience, activities, time priorities, and personality among other traits. Peter Swanson of the Christian Ministry Department of the Seminary reported on the findings of the study for his Ph.D. dissertation.
M.Div. curriculum review survey. NAD and the Seminary cooperated on a joint study on theological education in the Division. This has resulted in a revised curriculum for the Master of Divinity degree. To obtain input as to the ministerial product desired by the field, ICM constructed a survey based on the work of a number of Seminary faculty study groups and on four focus groups from around the Division. The survey included 800 pastors, 800 church officers, and all union and conference presidents and ministerial directors.
The Institute of Church Ministry has sought and continues to seek to carry out its mission in a variety of ways.
Research on church issues. ICM has been heavily involved in social scientific research for the church. Since 1980, more than 80 major research projects have been completed. Topics have included a wide range such as: factors related to church growth in North America, ministerial morale, evaluation of materials and services offered by the General Conference, attitudes toward giving, religious commitment among Hispanic youth, attitudes of adolescents toward the church, an evaluation of ministerial training in the American Adventist church, the role of women in the church, more effective means of marketing the Adventist message to non Adventists, chemical usage in the church, the status of women employees in the denomination, attitudes toward women elders, assessments of church ministry activities, factors influencing converts to join the church, factors influencing members to leave the church, preferences of readers of the Adventist Review, political attitudes and behaviors among Adventists, survey of delegates to conference sessions, the Adventist family in North America, and stress among seminary students. Some studies have been published in scholarly journals such as Journal for the Scientific Study of Religion, Review of Religious Research, Adolescence, Family Science Review, Journal of Psychology and Christianity, Research in the Social Scientific Study of Religion, and Journal for Research in Christian Education, and many have been published in denominational, professional, or general readership journals or have been included as chapters in books. More than sixty papers have been presented at the annual meetings of professional associations.
Materials development. ICM has produced a number of materials to aid the church in its mission. They include a tape slide program on human relations; a Caring Church Manual; a church growth manual (Dynamics of Church Growth); a self guiding, tape booklet workshop on human relations in the church; A Manual for Church Growth Consulting; and major books such as Adventures in Church Growth, Plant a Church: Reap a Harvest, The World of the Adventist Teenager, Citizens of Two Worlds: Religion and Politics among American Seventh-day Adventists, Valuegenesis: Faith in the Balance, and Why Our Teenagers Leave the Church. ICM also was responsible for editing the book: Issues: Seventh-day Adventists and Certain Private Ministries. For a number of years ICM produced Administry, the voice of the North American Division.
Consultation. ICM staff members have served as resource persons on several denominational committees such as Marketing and Materials Development, Strategic Planning, Human Relations Advisory, Commission on Chemical Dependency and the Church, Evangelism Steering, Family Ministries Research, Association of Adventist Family Life Professionals, and NAD Curriculum.
Student development. An important by product of the work of ICM is student development. Dozens of students have been employed over the years and have gained new skills in ministry. Students who have worked in ICM over the years have gone on to successful careers in pastoral and administrative work, including the division and General Conference levels.
Research Reports
Several of the projects that are undertaken by the Institute of Church Ministry are available to the public. The completed reports may be used as a resource for you in your ministry.
Available Research Reports
a. Adventist Connection Survey Report
Study: 2010 Faith Communities Today Study for the North American Division
Download the report
Study: 2009 Congregations Study for the North American Division
Download the report
Study: 2008 US Congregational Life Study
Download the report


text: Anyone who has suffered from insomnia, particularly how to stay asleep at night, has spent a lot of time wondering about this very thing. Sleep problems due to interrupted or insufficient sleep can lead to a wide range of health conditions if allowed to go unchecked, according to Nancy Foldvary-Schaefer, D.O., who is director of the Sleep Disorders Center at Cleveland Clinic. These health risks include heart failure, high blood pressure, heart attack, stroke, hypertension, diabetes, and obesity. The good news is that you won\u2019t have to worry about how to stay asleep much longer if you put the practical, actionable advice below to work.\r\n\r\n\r\nStop Clock Watching\r\nSometimes, this means you need to hide the alarm or turn your clock away from the bed. Returning to sleep can be difficult enough without the added anxiety of staring at the clock every ten minutes and worrying over the fact that you haven\u2019t been able to return to sleep.\r\nLower the Temperature in Your Bedroom\r\nYour body should drop at least two degrees for you to successfully navigate stages one through five of sleep. That\u2019s why your bedroom should be set at the best temperature for sleeping, which ranges from 60 to 68 degrees Fahrenheit say many sleep experts. You should also avoid pillows and mattresses that increase warmth, and instead use a mattress such as a 100% natural latex mattress and pillow that provides a cooler sleeping surface. Also, women who may be suffering from night sweats and\/or hot flashes will benefit from cooler bedrooms as well. It will aid in their ability to return to sleep faster after waking from these flashes of heat.\r\nMake Your Bed an Adult-Only Location\r\nKids and animals in the bed are disruptive to quality sleep. As difficult as it may be, getting them to sleep in their own beds, and out of yours, is better for everyone in the long run. You\u2019ll feel better and have more patience and tolerance throughout the day, and they\u2019ll become more independent children. Pets, in some homes, seem even more problematic to kick out of bed than the kiddos, but they will get the picture as long as you are consistent.\r\nKick Caffeine to the Curb\r\nIf you\u2019re serious about finding out how to stay asleep at night, caffeine is often a major culprit. Kick caffeine to the curb completely if you can. Otherwise, consider eliminating caffeine after noon each day so your body has time to get rid of its effects long before you try to call it a night. You should also limit alcohol consumption to one drink and have that drink several hours before you intend to sleep.\r\n\r\nThese small steps may not seem like they\u2019ll make much of a difference. But, the proof will be in the quality and quantity of sleep you get once you\u2019ve made them. Try them on for size and see if you ever need to ask how to stay asleep at night again.\r\nLink to Us!\r\nIf you found this article useful and shareable, please copy and paste the following into the html code of your website or blog:\r\n\r\n[code]Learn More about Getting a Better Night's Sleep and Good Sleep Hygiene at <a href"https:\/\/www.plushbeds.com\/blog\/sleep-disorders\/how-to-stay-asleep\/">Plushbeds Green Sleep Blog<\/a>.[\/code]


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"For when you absolutely must have the biggest tank on the battlefield. With much greater armor and firepower, it easily dispatches smaller tanks while absorbing tremendous punishment. However it has a very high population cost and the slow rate of fire can cause it to be bogged down by overwhelming odds."
The FV 215 is a standard level 7 Heavy Tank unit unlocked in Cold War Age. Its predecessor is Heavy Tank Mk.6 and can be upgraded to Heavy Tank Mk.8.
Historical Description
The 120mm Gun Tank M103 is heavy tank served in the United States Armyand the United States Marine Corps during the Cold War.The M103 was the last heavy tank to be used by the US military to counter Soviet IS-3 and IS-4 heavy tank.The very reason behind the M103 design was its long-range 120 mm cannon capable of hitting enemy tanks at extreme range, allowing the theory of decreasing the M103's hull armor, and therefore preserving mobility. The gun was derived from the T123 line of prototypes, standardized as the M58. In its configuration, this gun was able to score hits at 2,500 to 3,500 m with good accuracy.
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|Home Technology / Education Events & News Archives Designs
International Chanthaburi Gems and Jewelry Festival 2019
Marks a Successful First Edition
The International Chanthaburi Gems and Jewelry Festival 2019 achieved its target by generating an income of over 100 million baht for Chanthaburi's economy while Thai and foreign exhibitors showed interest in booth reservation for next year's event.
Deputy Minister of Commerce, Mr. Weerasak Wangsuphakijkosol revealed that the International Chanthaburi Gems and Jewelry Festival 2019 held from December 4 to 8, 2019 was an overwhelming success as the event generated an income of over 100 million baht from trade and tourism activities during the five-day event, which helped boost the local economy. The festival was the first international gem and jewelry trade fair to be organized in Chanthaburi province and was jointly held by the public and private sectors.
Furthermore, the first-ever auction for polished gemstones in Thailand attracted a large number of collectors and gemstones traders from across the world. Polished gemstones worth 150 million baht in total (USD 5 million) were auctioned. The activity also played a crucial role in supporting Thailand as a trade center of colored gemstones.
Mrs. Duangkamol Jiambutr, director of the GIT said that the success of the first International Chanthaburi Gems and Jewelry Festival 2019 was greater than expectation as it attracted nearly 10,000 visitors including gems and jewelry entrepreneurs and tourists from China, Japan and European countries. Moreover, the festival generated significantly higher income for the trade and tourism sectors in the province.
"Most importantly, many Thai and international exhibitors expressed their interest in reserving booths for next year's fair, demonstrating that the fair successfully achieved its target," Mrs. Jiambutr added.
The International Chanthaburi Gems and Jewelry Festival 2019 was organized at three locations: Chanthaburi Gem and Jewelry Center, KP Jewelry Center, and the OTOP Lifestyle Shop at Gems Market. The event provided a stage for gems and jewelry entrepreneurs in Chanthaburi to showcase their quality gems and jewelry products to consumers, who were offered a chance to purchase good quality products at factory prices, while all products have also been certified by GIT's Buy With Confidence Program.


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Thursday, 27 June 2013
Air Canada Rouge completes Dublin route proving
Air Canada Rouge has completed Toronto to Dublin route proving operating the six times weekly Air Canada service using C-GHPE Boeing 767-33AER c/n 33423 prior to official launch on 1st July of European routes to Athens ,Edinburgh and Venice.
Air Canada Rouge's new year-round Toronto to Dublin service commences on Friday 2nd May 2014 operating five times weekly.
Air Canada President and Chief Executive Officer Calin Rovinescu said "We are delighted with the response to Air Canada rouge's inaugural summer season as it prepares for take-off July 1st. Our plans for growing the Air Canada rouge fleet are on track to serve more holiday destination markets where we can now compete on a more cost effective basis operating our new leisure carrier, while leveraging the strength of Air Canada Vacations."
Air Canada Rouge's 1st July start-up fleet consisting of two Airbus A319 aircraft and two Boeing 767-300ER aircraft will grow to ten aircraft by the end of 2013 with the addition of six Airbus A319 aircraft by December 2013, and an additional four Airbus A319 aircraft by March 2014, for a total of 14 aircraft by the end of the 2013-2014 winter season.
Irish Aviation Research Institute © 27th June 2013 All Rights Reserved.
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Japan's growing appetite for pricey pork cuts is driving Canadian and U.S. fresh pork exports to record levels, spurring producers to use every advantage to gain market share.While most of Canadian meatpacker Olymel L.P.'s pigs gobble pedestrian wheat and barley fare, others dine on rations spiced with mint and ginger on a Saskatchewan farm dedicated to fattening hogs bound for Japan, the world's second-biggest importer of the meat.
Some Canadian hogs are indulged with 12 times more rest before slaughter than pigs destined for other markets, to ensure stress does not turn the meat dry. Meanwhile, another hog producer has opened an eatery in a trendy Tokyo district to show off its pork.
"The Japanese consumer is probably the most powerful consumer of pork in the world, and they understand the difference in quality," said Claude Vielfaure, president of the hog-processing company HyLife.Rich premiums paid by Japanese consumers have fueled intense competition and led to cross-Pacific partnerships between North American hog producer Smithfield Foods and Japanese trading house Sumitomo Corp (8053.T), as well as processor HyLife with trader Itochu Corp (8001.T).
Tyson Foods Inc (TSN.N) and Maple Leaf Foods Inc (MFI.TO) also rank among North America's biggest pork suppliers, while processors NH Foods Ltd (2282.T) and Itoham Yonekyu Holdings (2296.T), and meat wholesaler Starzen Co Ltd (8043.T) import large volumes of North American chilled pork.
U.S. exporters shipped 147,000 tonnes of chilled pork to Japan from January through August, setting a record-brisk pace, according to the U.S. Meat Export Federation (USMEF). Canada sold C$679 million ($507 million) worth of pork to Japan for the period, its fastest pace in 11 years as measured by value.
The shipments show trade growth is possible based on consumer tastes and favorable prices, due partly to the yen's strength against the greenback and Canadian dollar, even as broad trade deals such as the Trans-Pacific Partnership suffer setbacks.
Pork is the second-most consumed meat in Japan after fish, according to USMEF.
Source: Meatbusiness


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Credit and Home Buying
Kevin P. Tremblay
Buying a home is a big deal. For most of us it will be the biggest purchase of our lives. It is important to pick a home and location that suits your lifestyle and pocketbook. This is the place you will lay your head down at night.
Most of us need to get a mortgage to buy a home. The bank will determine how high a price a property can be and there are other conditions to a purchase. Lenders consider many factors in determining an individual's creditworthiness. A numerical score, called the FICO Score is used to rate you. All three major consumer credit reporting agencies, Experian, Equifax, and TransUnion reports are derived from many sources and evaluate your history of payments and borrowing to determine this score. Higher scores get better deals from lenders. For those with the highest scores, banks may pay for all the closing costs, and for the appraisal as well.
There are programs for different kinds of buyers. For example, Maine State Housing Authority, VA and USDA-backed mortgages offer lower interest rates for low income and otherwise qualified buyers. Generally, in today's real estate marketplace lenders require FICO scores over 600 to offer to finance a purchase, and the lower the score the higher the interest rate.
Conventional mortgages are the market standard and the way most homes are purchased. For these mortgages, banks expect buyers to put down 20% of the purchase price. Conventional insured means that you are not putting down 20% and your interest rate will be higher and most often you will have to pay for Private Mortgage Insurance.
There are several other ways to purchase a home with certain programs and guidelines to follow, and there is always the possibility of owner financing. Each of these programs and offers is contingent on the credit score. Except in rare cases with owner financing.
Buyers using owner financing should expect to put at least 20% down too. Sometimes even higher down payments are required. Also, the seller may want a credit report, and based on that may charge different interest rates as banks do, or not offer to finance. Owner financing is rarer as most sellers need to sell their homes to purchase another one. There are other possibilities such as an option to purchase while you rent the property. Hiring a qualified real estate broker can make the difference between getting into a house, or not.
Something to remember is homeowners that sell may forego capital gains through a One Time Exclusion. Check with an accountant for the tax implications of a sale. Also, with investment properties, there are 1031 Exchanges where capital gains are not paid when a "like-kind" property is sold, and another one purchased. Many rules and timelines apply. As with any field of expertise, it is best to hire a professional such an attorney for a property title search and closing deals.
Each person's circumstance is unique when looking to purchase a home with credit. Don't despair if your score is too low, or rather not high enough to qualify for the best rates and programs, there are options for you. Individuals may request a credit report with their FICO score from each of the reporting agencies. Knowing ahead of time if there are issues or misinformation on your credit history and report is important.
There is something that you can do about incorrect and misreported data on your credit report. Factual information cannot be removed, but anything not supported can be such as with a clerical error or a payment incorrectly applied, causing what appears to be a missed payment.
In a divorce where real estate is involved, the court may determine who gets the property. When a property is mortgaged by a married couple and the court awards the house to one of them, the mortgage agreement should be modified if under a court order; but it is not that simple. Many divorcees are shackled by the mortgage as the other party may not be able to obtain a mortgage on their own for a refinance. Also, the banks are not bound to forgive one party the obligation to pay the mortgage because of a court order.
It can take an Act of Congress to get banks to release the party no longer own the property. However, you may append your report with these facts. Send the divorce degree with a letter of explanation to the credit reporting agencies. When applying for a mortgage, explain these details to the bank upfront. They may be sympathetic or have their own money to lend where you might not otherwise qualify due to the "debt to income ratio" used to qualify for a mortgage with the existing mortgage assigned to you.
Most mortgages are backed by government agencies like Fannie Mae and Freddie Mac. Banks must comply with specific guidelines to make a government-backed loan, which is why it is difficult to get a mortgage on foreclosed or otherwise uninhabitable dwellings. There are standards that properties must meet for traditional financing. In addition, appraisers may hold up reports unless certain repairs are completed before the bank will provide the mortgage, or monies are set aside for repairs after closing.
Appraisers can delay real estate deals because of missing handrails, chipped and peeling paint, and many other reasons. Likewise, in order to secure a mortgage, the property must be insured. Insurance companies will refuse to insure a property with knob and tube wiring or that have fuse boxes. Keep in mind that appraisers are working for the bank, and the insurance company is in the business to make a profit. Both the banks and insurance companies always minimize their risks.
If you plan on purchasing a home, your best course of action is to know what your credit report says and save your pennies. Maine law provides that you may obtain a free credit report annually, simply go online to https://www.annualcreditreport.com/index.action to request all three, Experian, TransUnion, and Equifax. Dispute claims which are not true. Work with creditors for reduced amounts to pay debts off and remember to make payments on time.
Talk with the mortgage department at your bank or credit union about your plan to purchase a home. There are several online ways to apply for a mortgage as well. Be very careful online with personal information and if your credit report is pulled three or more times in a month your FICO score is liable to go down. Consider contacting a local mortgage broker. They often know of programs that a local bank may not work with. Shop around for the best rates and ask if they have any special programs or reduced interest rates for first-time buyers, for Veterans, and for certain professions like teachers or firefighters.
There is no place like home. With a plan, perseverance, and expert advice you could be in your own home quicker than you may believe. Take control of your credit report and never take no for an answer. Maybe is halfway to yes. The future can be a dream, with a plan, and an end in sight – going home.


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Fully automated departments, over 35 molding machines of different sizes and tonnages, continuous production 24 hours a day, 365 days a year. With the technologies and processes for injection molding of plastic materials, in OpenAxis we know how to manage huge volumes and ensure one of the most extensive and variable production ranges at competitive prices for the automotive market.
Each press is equipped with robots for handling the recovered materials and the molded parts, including components that require particular attention to the aesthetic finishing.
For greater control and optimized management of the entire production, at the customer's request we design and build the molds directly in the company. As an alternative we take care of the customer's molds, performing maintenance internally to avoid the normal wear and tear that occurs during the molding phase.
GIT Gas Injection Technology in plastic molding
The molding injection of plastic materials assisted by the use of gas makes it possible to produce internally hollow parts, reducing their weight and maintaining mechanical functionality, thanks to the engineer and construction of a mold with high complexity.
Key points
- Over 35 machines
The number, dimension and the tons of the injection molding machines guarantees us a high level of production possibilities.
- 24/7/365
We work in countinuos all year to assure the terms of delivery and our customers demands.
- Over 15 million parts
With automated production we are able to produce efficiently high volumes that only a few companies can manage.
(data from 2018)
Case histories
Sunroof movement system for the automotive industryFor our customer we have designed, patented and implemented a more ductile multi-material drive systemin able to guarantee at the same time lightness, flexibility and rigidity.
Headlight regulation system for a French car manufacturerFor our customer we developed a mechanical headlight adjustment system, reliable and economical, which uses the remote control enabled by Bowden cables.


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Driving Digital Transformations at Scale in State Government
Thursday, February 27, 2020, 1:00 PM - 2:00 PM EDT
Category: Webinar
Please join the National Association of State Chief Administrators and McKinsey & Company for this one-hour webinar.
What we will cover:
In this session, we will start by looking at survey results from interviewing CAOs across states and the recognition of the importance of digitization and automation to success in the future. We will look deeper at data to understand the implementation hurdles that CAOs believe they face and what are the must-dos to be successful.
Key Learning Objectives:
Who is invited:
All members and non-members are invited to join the live webinar. NASCA host webinars to curate and disseminate best practices, success stories, case studies and world class research.
Register Now
Tue Apr 14, 2020Continuous Improvement Collaborate Forum Call
Category: Collaborate Forum Calls
Mon May 11, 20202020 Spring Conference
Category: In Person Events
Tue May 12, 2020Continuous Improvement Collaborate Forum Call
Category: Collaborate Forum Calls


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An Alexander Calder (American, 1898-1976) maquette or small-scale model showed up in the sculptor's native city of Philadelphia, PA during a PBS Antiques Roadshow episode in 2007.
Calder produced many maquettes throughout his career and this one supposedly was produced for a large-scale sculpture commissioned for the 1958 Brussels Worlds Fair. Calder maquettes reside in public and private collections worldwide including at Yale, Princeton, the National Gallery, the National Museum of American Art, and the Calder Foundation. Today, private collectors actively desire maquettes as they demonstrate the sculptor's fascinating production process.
Calder values
Recent sales records for Calder's maquettes have brought nearly $350,000. I appraised a small scale Calder example at one of my appraisal events worth $250,000. Calder, the Abstract Expressionist sculptor who is best known for his hanging mobiles and large scale public sculptures in major cities worldwide is an important artist and innovator. In the marketplace, works by Calder command very high prices.
Alexander Calder also produced large format lithograph prints based on his geometric sculptures and abstract designs. These Calder prints, some inexpensive posters and some pricey lithographs or silkscreens are very popular in the market.
Request an online appraisal of your Alexander Calder piece from Dr. Lori.
Want to know how to spot that valuable thrift store find? Don't know what to look for when cleaning out Grandma's attic or when you are downsizing? It's a common question and Dr. Lori provides secrets to spot those prints, posters, silver and ceramics that are valuable. Don't rely only on marks or signatures. They could fool you. You must read this article so you aren't throwing away a valuable or walking past it at a thrift store.
Contact Dr. Lori


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Posted on 2019-03-08 by Andreas Moser
Good news: the days are getting longer. Unless you live in the Southern hemisphere, then you are doomed to darkness. And unless you live on the equator, in which case you are missing out on something fabulous. My sister asked … Continue reading →
Posted in Austria, Books, Brazil, Canada, Economics, Elections, Facebook, Feminism, Germany, Iran, Language, Politics, Religion, Romania, Saudi Arabia, Travel, UK, USA | Tagged Ben Affleck, Bratislava, Brexit, Carnuntum, christianity, cigars, Donald Trump, espionage, flying, Hollywood, Patrick Leigh Fermor, postcard, running, Vienna, winter, work | 3 Comments


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Another nugget from Berlin:
Designing tag navigation
The web 2.0 Expo in Berlin recently clearly showed that Europe is lagging behind the US in this area. Certainly not all presentations met my expectations, but I would still say the nuggets I found among all the gravel made the visit worthwhile.
One presentation I would recommend in addition to Cal Henderson's below is "Designing tag navigation" by James Kalbach. He has a degree in library science and is currently a Human Factors Engineer with LexisNexis. He has previously served as head of information architecture with Razorfish Germany. There is nothing revolutionary in the presentation, but it gives a very good overview of the pro and cons of different approaches to tag navigation.
You can find more presentations from the conference on slideshare.net.


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After passing The Citizenship Amendment Bill in Lok Sabha on Monday, Home Minister Amit Shah placed it on Rajya Sabha this morning. The debate over the bill is underway in the Upper House which houses some giants of Indian politics including Former Prime Minister Manmohan Singh and Congress Veteran Digvijay Singh.
Watch the Live debate here :


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Block EU Trade Deal
Government Must Block EU Trade Deal Which 'Could Threaten 1000s' of UK & Irish Farmers
The only beneficiaries of the Mercosur deal with Brazil, Argentina, Paraguay and Uruguay will be multinational companies says union.
If Brexit means taking back control then the UK must oppose an EU free trade deal which could threaten the livelihoods of 1000s of UK and Irish farmers, says GMB.
According to trade officials on both sides of the Atlantic, protracted negotiations on a blockbuster free trade agreement between the European Union and Mercosur (Brazil, Argentina, Paraguay and Uruguay) are close to fruition and could be finalised before Christmas.
As has become customary, the talks have been shrouded in secrecy to the extent that most consumers in the UK do not even know they are taking place.
At a meeting in the European Parliament on November 7, British and Irish farmers expressed their concerns that it would be impossible for them to compete with exports from Brazil and that EU negotiators would accede to South American demands for larger sugar, ethanol and beef quotas in order to get the deal over the line.
Meanwhile, Liam Fox's trade bill contains proposals for post-Brexit Britain to "fully implement any EU third country and other EU preferential arrangements which we transition" [1]
This means the UK would still be bound by the terms of EU-Mercosur.
Moreover, British trade ministers have made repeated trips to Mercosur capitals with a view to arranging their own bilateral agreements.
Bert Schouwenburg, GMB International Officer, said:
"A free trade agreement between the EU and Mercosur could potentially put 1000s of British and Irish farmers out of business and would be a body blow to already hard-pressed rural communities.
"We don't know the exact figure of farmers that could be affected due to the secrecy of the negotiations.
"It will also have a deleterious effect on small businesses and regional integration in South America which is why trade unionists on both continents are united in their opposition to the terms of the treaty.
"As is the norm, the only beneficiaries will be multinational companies and agribusiness concerns that can take advantage of this market liberalisation.
"However, it comes as no surprise that Teresa May's Government has no qualms about allowing the European Commission to collaborate with authoritarian and illegitimate regimes in the Southern Cone to the detriment of the people they purport to represent.
"If 'taking back control' means anything, the UK Government should do everything possible to ensure that the EU-Mercosur agreement does not see the light of day."
Contact: GMB press office on 07958 156846 or at email@example.com
Notes to Editors:
[1] https://www.gov.uk/government/news/new-legislation-to-prepare-uk-for-future-trade-and-customs-policy


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Respondus LockDown Browser Guide for Instructors and Students
Respondus LockDown Browser is a customized browser that increases the security of test delivery in Blackboard. When students use this browser, they are unable to print, copy, go to another URL, or access other applications. Once an assessment is started, students are locked into it until it's submitted for grading. This browser can be used on a student's personal computer or at the university's Academic Testing Lab.
For a complete list of features and demonstrations, visit the Respondus web site.
Students might not be familiar with Respondus LockDown Browser. You can send students this Respondus Lockdown Browser Student Guide.
To set up Respondus Lockdown Browser for your exam/quiz:
- In the Control Panel, click Course Tools, select Respondus Lockdown Browser.
Note: If the "About LockDown Browser" screen is shown, click Continue to LockDown Browser.
- Find the exam you want to use Lockdown Browser, click the action link (Chevron icon), and select Settings.
- In the "Lockdown Browser Settings" section, click the radio button "Require Respondus Lockdown Browser for this exam."
Note: You do NOT need to setup password for students to access any exam which is held in UH CASA.
- In the "Monitor Webcam Settings" section click the radio button "Don't require Respondus Monitor for this exam."
- Click Save+Close.
Important Note: The Lockdown Browser will automatically generate a password which appears in the Blackboard TEST OPTIONS for the exam (see the screenshot below.) Please do not uncheck or change this password or you will break the settings for the Lockdown Browser and compromise the exam. Students do not need this password to enter the exam. This password is only needed to set up the LockDown Browser.
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Swiss form claims: infringement depends upon the subjective intention of the manufacturer. Is this interpretation too narrow?March 9, 2015
Mr Justice Arnold's decisions in Warner-Lambert Company, LLC v Actavis Group PTC EHF & Ors [2015] EWHC 72 (Pat) and [2015] EWHC 223 (Pat) (respectively the first and second decisions) have provided some long awaited guidance on the requirements to establish infringement of second medical use claims in Swiss form. He held that Swiss form claims will only be infringed where the manufacturer of the medicament actually (i.e. subjectively) intended that the product would be used for the patented indication.
This interpretation is by no means without controversy, and has been met with appreciable consternation among originators, and supporting practitioners. The point will certainly be appealed, and if Arnold J's approach is upheld, the practical effect will be to limit significantly the protection provided by Swiss form claims, absent a change in the system for prescribing and dispensing medicines.
Second medical use claims and the regulatory system
Second medical use claims have long been recognised in the UK as an important tool for incentivising research into new uses for known medicines, albeit the form of such claims has varied over time. Prior to the EPC 2000, such claims were allowed only in the 'Swiss form', i.e. 'the use of compound X in the manufacture of a medicament for the treatment of disease Y'. The EPC 2000 allowed, for the first time, claims in the form 'product X for treating disease Y'. Between December 2007 and January 2011 both forms of claim were allowed by the EPO, but the current practice of the EPO is to only allow the EPC 2000 form of claim. However, until all the patents containing Swiss form claims expire, Swiss form claims will continue to be an important weapon in the armament of pharmaceutical companies.
Given that Swiss form claims have been around for a long time, it is surprising that there has been little judicial guidance in the UK (or elsewhere) on their scope of protection. As a result, there is significant uncertainty over the way in which such claims should be interpreted, and a number of practical difficulties arise when seeking to enforce them. This is particularly so in the light of regulatory constraints imposed by national healthcare systems.
For a drug protected by a second medical use patent, generic products may legitimately enter the market when the compound and first medical use patents expire. However, until the second medical use patent expires, the generic version may be supplied legitimately only for the off-patent indication. To cater for this situation, the procedure for obtaining marketing authorisation for generic products allows the product label to be limited to the off-patent indication (i.e. the patented indication is carved-out), a so-called "skinny label"[i]. However, the system by which medicines are prescribed and dispensed in the UK (and most other European countries) does not prevent (or even discourage) drugs with a skinny label from being supplied to patients who have been prescribed the drug for the patented indication.
In the UK, because substitution by pharmacists is not allowed[ii], to control costs doctors are encouraged to prescribe by the international non-proprietary name (INN) (i.e. generic) name such that the incidence of INN prescriptions is generally greater than 80%. An even higher percentage of prescriptions (close to 95%) do not identify the indication for which the drug has been prescribed. Accordingly, a pharmacist dispensing the drug will not normally know what indication the drug has been prescribed for, and if the prescription mentions only the INN name, there is nothing on the face of the prescription to tell the pharmacist not to dispense a skinny label generic product against that prescription. As a result of this system, confining the use of generic drugs only to the off-patent indication has proved to be very difficult.
The background facts
Warner-Lambert (part of the Pfizer group) markets the drug pregabalin, under the trade mark 'Lyrica', for three indications: (i) epilepsy, (ii) generalised anxiety disorder and (iii) neuropathic pain. Patent protection for the drug itself expired, and protection under the SPC was allowed to lapse, in 2013. However, Warner-Lambert has a second medical use patent in force with Swiss form claims directed to pregabalin for treating pain and, in particular neuropathic pain (the "Patent").
Following the expiry of data exclusivity for pregabalin in July 2014, Actavis sought to obtain marketing authorisation for its generic pregabalin product with a skinny label, and it plans to market the product under the brand name 'Lecaent'.
The evidence suggested that the UK market for pregabalin was worth $310 million in 2013, and that 54% of pregabalin was used to treat pain (of which 44% was neuropathic pain).
Warner-Lambert believes that the launch of Lecaent with a skinny label would infringe the Patent because a significant amount of Lecaent would be used for the treatment of pain. Actavis does not dispute that Lecaent is likely to be used for the treatment of pain, but disputes that this amounts to infringement of the Patent.
In separate proceedings, Actavis has challenged the validity of the Patent and, if successful in those proceedings, plans to market Lecaent for all indications. The trial of the revocation action is listed for June 2015. Pending the outcome of the revocation proceedings (in which Warner-Lambert has counterclaimed for infringement), Warner-Lambert sought interim relief, in the form of an unprecedented order, requiring Actavis to take certain steps designed to reduce the risk that its generic pregabalin product would be used to treat pain. In particular, Warner-Lambert requested (among other things) that Actavis:
(1) include contractual provisions to require pharmacies dispensing Lecaent to use reasonable endeavours not to supply Lecaent to patients who have been prescribed pregabalin for the treatment of pain, by making reasonable enquiries of the person presenting a prescription and/or checks of pharmacy records to determine whether the prescription is for pain;
(2) send letters prior to launch to pharmacies, Clinical Commissioning Groups ("CCGs"), NICE and the Department of Health informing them that Lecaent should not be prescribed or dispensed for the treatment of pain; and
(3) include a removable notification on the packaging of Lecaent stating that the "product is not authorised for the treatment of pain and must not be dispensed for such purposes."
By the hearing, both parties had taken steps to try to reduce the likelihood of Lecaent being prescribed or dispensed for the patented indication. Actavis had sought only a skinny label and had offered to comply with the requirements in (2) above, whilst Warner-Lambert had communicated its concerns to the Department of Health, NHS England, NICE, the CCGs and its own pharmacy customers. However, Actavis took issue with the relief sought at (1) and (3), not least as Warner-Lambert had first made these requests only shortly before the hearing.
The decisions
The decisions address two significant points of interest. First, what is the proper scope of protection conferred by a Swiss form claim? Secondly, what steps (if any) does a generic company have to take to reduce the likelihood of its product being used for the patented indication?
Swiss form claims: scope of protection
It was common ground that Swiss form claims are process claims, and therefore Warner-Lambert advanced its case on the footing that Lecaent was a direct product of the claimed process. It was also common ground that the word 'for' in Swiss form claims means 'suitable and intended for' (although Warner Lambert reserved its position to contend otherwise at trial).
It was not disputed that Lecaent is suitable for the treatment of pain. The key issue between the parties was whether Lecaent is a product obtained by the use of pregabalin for the manufacture of a medicament suitable and intended for the treatment of pain. The resolution of this issue required Arnold J to address two points: whose intention, and what type of intention, is relevant?
Following the dicta of Jacob LJ in Actavis v Merck [2008] EWCA Civ 444 at [75], Arnold J considered that Swiss form claims are directed only to the manufacturer of the medicament and so only the manufacturer's intention could be relevant.
As to the nature of the requisite intention, Arnold J was persuaded that it was not enough to show that a foreseeable consequence of launching Lecaent was that it would be used to treat pain, or that Actavis had actual knowledge that Lecaent was being (or would be) used to treat pain. Arnold J reasoned that if either of these scenarios were enough to establish infringement, then in circumstances where the first medical use and second medical use patents were owned by two unrelated entities, neither would be able to market their products without infringing the other's patent (at least under the current prescribing and dispensing system) and the owner of the first medical use patent would have to withdraw their product from the market upon the grant of the second medical use patent. Accordingly, Arnold J held that it was the subjective intention of the manufacturer that is relevant, i.e. the manufacturer of the generic product must actually intend that it is to be used for the patented indication.
Warner-Lambert had not initially pleaded that Actavis, as the manufacturer, subjectively intended Lecaent to be used for the treatment of pain. Therefore, in his first decision Arnold J had an easy task of rejecting Warner-Lambert's application for interim relief on the basis that there was not a serious issue to be tried on Warner-Lambert's primary case of infringement under s.60(1)(c). He also rejected the alternative case based on s.60(2), on the basis that persons downstream of Actavis in the supply chain could not put the invention into effect because the invention was the manufacture of the medicament, and they would not be doing that (the medicament having already been made by Actavis).
Warner-Lambert applied to amend its case to plead subjective intention, and this application (together with an application by Actavis to strike out Warner-Lambert's infringement case) was the subject of Arnold J's second decision.
Measures required to avoid infringement
Having held that subjective intention was necessary to infringe the Patent and not pleaded, Arnold J did not need to consider the effectiveness of the relief sought or the steps that Actavis would have to take to avoid infringement in his first decision. However, in case he was wrong about the interpretation of Swiss form claims, he nevertheless considered these matters in the context of weighing up the balance of the risk of injustice (which he held would favour refusal of the relief sought by Warner-Lambert) and considered them further in his second decision.
While the judge expressly approved of the steps that Actavis had agreed to take, namely (1) applying only for a skinny label, and (2) agreeing to write to pharmacists and relevant healthcare bodies to advise them that Lecaent should only be dispensed for the off-patent indications, he stopped short of saying that such steps were necessary to avoid infringement. In fact, Arnold J acknowledged in the second decision that no inference of subjective intention to use Lecaent for pain could be drawn in the event that Actavis failed to take any active steps to prevent Lecaent being dispensed for the treatment of pain. However, he did acknowledge that if Actavis were to market Lecaent under a full label (i.e. covering the patented indication) or if Actavis were to positively encourage the use of a skinny label version of Lecaent for the treatment of pain, then taking those steps would be strong evidence that Actavis subjectively intended Lecaent to be used for that purpose.
With regard to Warner-Lambert's requests that Actavis place a notice on the packaging of Lecaent, and impose contractual terms on the pharmacists to verify the indication for which pregabalin had been prescribed, Arnold J was not convinced that either would be effective at preventing Lecaent from being dispensed for the patented indication.
The notice on the packaging would not help the pharmacist know whether the prescription they are presented with has been written for treating pain or one of the off-patent indications. Further, it was noted (but not decided) that this may put Actavis in breach of the legislation on labelling and packaging requirements and/or the ABPI's code of conduct, and in any event it would cause delays to Actavis' product launch because it would take time to obtain MHRA approval.
With regard to imposing contractual terms, Arnold J noted two problems. The first is that such terms would be difficult to enforce, and would likely deter pharmacists from stocking Lecaent. The second is that practically it may be difficult for the pharmacist to ascertain from the person presenting the prescription the indication for which pregabalin has been prescribed. This is because the person presenting the prescription may not be the patient, and even if the patient is present, they may not know (for example because it is one of many medicines that they take, or because they have been taking it for such a long time that they do not remember the original reason it was prescribed) or may not wish to say what condition they are being treated for.
The judge's impression that the measures sought by Warner-Lambert were unlikely to be effective will have been strengthened by Warner-Lambert's refusal to concede that Actavis would avoid infringement if it complied in full with the terms of the order sought. In contrast, Warner-Lambert had, prior to seeking interim relief against Actavis, agreed that another generic company would not infringe the Patent if certain protective measures were taken. It is not clear from the judgment what steps that other generic company had agreed to take to avoid infringement, but it can be inferred from the position adopted by Warner-Lambert that the relief sought against Actavis was not as extensive. In the second decision it is noted that one of the steps taken by the other generic company (and not taken by Actavis) was to remove from the product information leaflet a statement that pregabalin may be prescribed to treat conditions that are not listed. However, it seems fairly unlikely that this would have been the deciding factor.
Is it right to focus on the intention of the manufacturer?
The effect of the judge's finding that it is only the intention of the manufacturer that is relevant has the potential to limit the scope of protection of Swiss form claims significantly and to distinguish markedly the scope of Swiss form claims from the scope of EPC 2000 claims. In the second decision, Arnold J did accept that it was at least arguable that the term 'manufacturer' might include the person who packages and labels the product, and this might help to temper these effects.
However, even if an extended meaning is given to the term 'manufacturer', this approach has the potential to give rise to absurd results in anything but the simplest of cases, where the manufacturer of the finished dosage form, the holder of the marketing authorisation and the distributor are the same entity or within the same group of companies. For example, take the following two scenarios:
Scenario 1 – The finished dosage form is manufactured outside the UK by a person who subjectively intends it to be used for all known indications, at least in countries where there is no second medical use patent. The product is then imported into the UK by the holder of a marketing authorisation with a skinny label who subjectively intends the product to be used only for the off-patent indications.
Scenario 2 – The finished dosage form is manufactured by a person who subjectively intends it to be used only for the off-patent indications. The manufacturer of the product applies for a marketing authorisation in the UK with a skinny label. However, the manufacturer then transfers the granted marketing authorisation to a distribution partner who subjectively intends the product to be used for the patented indication.
In the first scenario, on Arnold J's test, it would seem that the sale of the product ought to infringe notwithstanding that the party who is active in the UK and who applies for the marketing authorisation does not have the requisite subjective intention. By contrast, in the second scenario, it would seem that the sale of the product ought not to infringe because the distributor is not the 'manufacturer' (i.e. the person making the product or responsible for its packaging and labelling).
A further consequence of this focus on the intention of the manufacturer is that claims of indirect infringement become more difficult to establish. This marks a further point of distinction with the scope of protection conferred by ECP 2000 claims and would seem to be inconsistent with the previous approach. Indeed, as noted by Birss J in Hospira v Genentech [2014] EWHC 3857 at [127] infringement of Swiss form claims has often been argued only under s.60(2) to avoid the problem of deciding whether they are product- or process- claims. This also seems to be a preferred approach in other countries (see for example the decision of the Dutch Court of Appeal dated 27 January 2015 in Novartis v Sun Pharmaceuticals concerning zoledronic acid, where the court allowed Novartis' claim for indirect infringement of a Swiss form claim under the Dutch equivalent of s.60(2)).
Does construction of Swiss form claims require a 'special approach'?
Swiss form claims are a unique creature of pharmaceutical patent law. They were devised to allow patent protection for second medical use inventions and to encourage research in this area. The formulation 'use of X for the manufacture of a medicament for the treatment of Y' was adopted as a legal construct to avoid second medical use inventions falling within the method of treatment exclusion to patentability. However, a "special approach"[iii] was required to confer novelty upon such claims: it is the use to which the medicament will be put that is novel and not the method of manufacture. In view of this, construing them as manufacturing claims seems rather artificial and, if the effect of construing them in this way is to significantly limit their scope of protection, then it hardly seems apt to meet the policy aims underpinning their adoption.
Purposive construction requires that the words of the claim are construed having regard to the patentee's purpose as set out in the rest of the specification. Further, the skilled person reading the claims is taken to appreciate the explicit drafting conventions by which the patent and its claims are framed. In the context of Swiss form claims, the skilled person would therefore know that what is being claimed is the second medical use and not the method of manufacture. As Kitchin J (as he then was) said in Ranbaxy v AstraZeneca [2011] EWHC 1831 (Pat) at [54]:
"But for the [method of treatment] exclusion contained in Article 52(4) EPC 1973, the claim would have been directed to the new and non obvious use…"
However, stripping a Swiss form claim of its method of manufacture cloak for the purpose of determining its scope of protection exposes it to an invalidity attack on the basis that it then impermissibly covers a method of treatment. It was in this context that Jacob LJ said in Actavis v Merck that Swiss form claims are directed at the manufacturer and do not touch the doctor. It does not appear however that he had in mind that it was the mens rea of the manufacturer that would be important in determining infringement.
Meeting the policy aims underlying Swiss form claims may call for a "special approach" to claim construction. For example, construing Swiss form claims as claims to the manufacture of a medicament (to ensure that the distinction from methods of treatment is maintained), but to read the purpose limitation as applying, not to the process of manufacture, but to the direct product of that process, i.e. the medicament itself. Such a construction might be consistent with what the skilled person would have understood the patentee to have used the language of the claims to mean, especially if it is apparent from the description that the thought process for using the medicament for the new indication arises once the medicament is in hand, rather than at the manufacturing stage.
Is a requirement for subjective intention setting the bar too high?
Most acts of primary infringement are a matter of strict liability, i.e. the state of mind of the infringer is irrelevant. A notable exception is provided in s. 60(1)(b) in respect of the offer of a process for use in the UK where to infringe the person must know or it must be obvious to a reasonable person in the circumstances that the use of the process in the UK would (without the patentee's consent) be an infringement. A similar knowledge (of the infringer) requirement, together with a separate intention (of the end user) requirement, must be established for indirect infringement under s. 60(2). In neither of these cases is there a requirement to show subjective intention on the part of the infringer. Against this background, the requirement for subjective intention in the case of second medical use claims is a novelty in patent law, and is perhaps a little surprising given that the mental element required for direct infringement is generally less demanding than for indirect infringement.
As mentioned above, in holding that subjective intention was required the judge was persuaded that requiring anything less would, in the case of second medical use claims, make it nigh on impossible to avoid infringement with a skinny label given the current system for prescribing and dispensing medicines in the UK. Although this reasoning deserves great sympathy, it may not withstand scrutiny.
Ultimately, the meaning of 'for' in a second medical use claim and the mental element that must be established to prove infringement is a matter of construction. Although it might be appropriate to take the regulatory environment into consideration when considering whether a particular act constitutes infringement, it seems more doubtful that the system for prescribing and dispensing medicines is a relevant factor for the purpose of claim construction.
Even if it is assumed that the regulatory regime would be in the mind of the skilled person (because Swiss form claims are unique to pharmaceuticals) and might influence how they would interpret the claims, it does not seem to follow that the skilled person would understand the patentee to mean that the most exacting standard of intention (i.e. subjective intention) is required. In the case of a second medical use patent, but for the prohibition on patenting methods of treatment, the patentee would have claimed the use of the drug for the new indication. Imposing a requirement for subjective intention would not appear to be consistent with this purpose, unless, like with indirect infringement under s. 60(2), the intention of persons downstream (e.g. the doctor, the pharmacist or the patient) can be taken into account. Further, the fact that the regulatory environment means that it will be difficult for others to avoid infringement is unlikely to motivate the patentee to seek narrower protection.
If the requirement for subjective intention sets the bar too high (and does not create a fair and balanced system), is there a better solution? Superficially, at least, it is attractive to propose a system where the generic company is required to take reasonable steps to ensure that its product is not prescribed for the patented indication. However, as noted by the judge, steps taken by generic companies to influence doctors and pharmacists may not be particularly effective in practice (at least without prejudicing the generic company's ability to access the off-patent segment of the market). Therefore, such an approach may not do much to improve the effective protection conferred by second medical use claims and may create greater uncertainty as to what needs to be done to satisfy the requirement to take reasonable steps.
Where does this leave EPC 2000 claims?
Arnold J was clear that his judgment should not be taken to necessarily apply to EPC 2000 claims, and noted that the Technical Board of Appeal of the EPO has held that the two forms of claim have a different scope of protection (see T 1780/12). However, it is clear from comments made in G 02/08 and the explanatory notes to the Swiss proposal for Article 54(5) EPC that the intention of the legislator in introducing purpose limited product claims was to provide a claim format which afforded equivalent protection to the Swiss form claim.
Although it is easy to justify why the person whose intention is relevant differs depending on whether it is a Swiss form (i.e. process) or EPC 2000 (i.e. product) claim under consideration (there being no reason to focus on the manufacturer in the latter case), it is not so easy to see why a different standard of intention would apply. The reasoning of Arnold J for preferring subjective intention over any lower standard would hold true for claims in the EPC 2000 form as much as for those in Swiss form. If intention is an inherent feature of EPC 2000 claims, might it be possible to clarify in the claims (and the specification) whose intention and what type of intention this is?
Need for regulatory reform?
As may be apparent from the discussion above, much of the difficulty in striking a fair balance between allowing a generic product onto the market with a skinny label and protecting the originator's monopoly for the patented indication lies with the way in which medicines are prescribed and dispensed in the UK. Unfortunately, the regulatory system and patent system are incompatible in this respect and it is not easy to conceive of a fix to the patent system that would deal with the problem. However, there are some changes that could be made to the regulatory system which would allow the two systems to operate more harmoniously in this area.
For example, the problem would be largely avoided if doctors were to prescribe by brand name when the drug is to be used for the patented indication and by INN for the off-patent indication. Pharmacies would then be required to dispense the patentee's product for the patented indication but would be free to dispense the generic product against the INN prescriptions. This solution to the problem was endorsed by the judge, but it remains to be seen whether Warner-Lambert will be successful in its attempts to persuade NHS England and NHS Wales to issue guidance to prescribers to this effect, at least so far as pregabalin is concerned, and if so whether this guidance will actually be followed by prescribers. In the second decision it was noted that there had been a mixed reception to Warner-Lambert's requests that doctors prescribe Lyrica when treating pain: the Chair of the Pharmaceutical Advisers Group and Chief Pharmacist of Wandsworth CCG supported this proposal whereas the North of Tyne Area Prescribing Committee decided not to change its prescribing guidance on grounds that it was not "clinically necessary to prescribe pregabalin by brand name". It may therefore prove to be quite difficult in practice to change prescribing habits in this way.
Furthermore, if such changes are to be made to prescribing habits, then it would make more sense to effect such changes at a policy level, rather than on a product-by-product basis. Mechanisms for notifying prescribers and updating the software used by prescribers could then be developed to keep track of changes in patent coverage. Adjustments may also have to be made to the reimbursement system to allow the originator's product to be reimbursed at a higher price when it is dispensed for the patented indication. An alternative fix would be for the indication to be noted on the prescription (a coding system could be used to address privacy concerns) so that the pharmacist knows what the drug has been prescribed for and can dispense the appropriate product (with encouragement to do so, if necessary).
Whilst regulatory reform certainly seems desirable from the perspective of both generic and originator companies and the wider international intellectual property community[iv], any such reform is likely to take some time to come to fruition and may meet considerable resistance from the doctors, pharmacists and providers of prescribing software who will likely bear the responsibility and cost of implementing any new system. Furthermore, there may be resistance from policy makers to change the current system to address what they may perceive to be a problem of modest scale. In the meantime, the courts will have to grapple with some difficult issues arising from the enforcement of second medical use claims.
Published with minor alternations in CIPA Journal, February 2015, Vol. 44, No. 2, which can be viewed here.
[i] Art. 11 of the Medicinal Products for Human Use Directive 2001/83/EC
[ii] If a pharmacist is presented with a prescription specifying the brand name, they must dispense the branded product and cannot substitute it for a cheaper generic version
[iii] Paragraph 21 of EISAI/second medical indication, G5/83 [1985] OJ EPO 64
[iv] See for example the International Resolution of AIPPI on second medical use and other second indication claims (Q238) dated 17 September 2014 which urged "relevant health authorities to implement the necessary measures so that effective protection of second medical uses is not jeopardized by regulatory frameworks"