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Party Name: DeMont R.D. CONNER, Plaintiff-Appellant, v. Theodore SAKAI et al., Defendants-Appellees.
Theodore SAKAI et al., Defendants-Appellees.
DeMont R.D. Conner, Honolulu, Hawaii, pro se, for the plaintiff-appellant.
John Campbell, Jr., Frank D.J. Kim, Deputy Attorneys General, Honolulu, Hawaii, for the defendants-appellees.
Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges.
DeMont R.D. Conner, a Hawaii state prisoner serving a thirty-years-to-life sentence, appeals pro se the district court's grant of the state's motion for summary judgment, and the district court's denial of his cross-motion for summary judgment, on his Sec. 1983 suit against a number of prison officials 1 and the State of Hawaii. We reverse, as to certain of the defendants, the district court's grant of summary judgment in the state's favor on certain of Conner's claims: that he was improperly subjected to disciplinary segregation and that he was punished for praying aloud in Arabic with a fellow inmate. We affirm the remainder of the district court's order, including the denial of Conner's cross-motion for summary judgment.
362, 116 L.Ed.2d 301 (1991). However, the eleventh amendment does not bar Conner's suit against the other defendants in their personal capacities. Id. at ----, 112 S.Ct. at 362.
Conner contends that the disciplinary segregation imposed on him after a hearing on August 28, 1987, violated his right to due process. He asserts that, before the hearing, he was not given a summary of the facts leading to the charges, that he was not permitted to question the guard who charged him with the offense, that he was not allowed to call witnesses at the hearing, and that his testimony was "doctor[ed]" and used against him. We agree that Conner has presented a genuine issue of material fact as to whether his hearing comported with due process.
The first issue we face is whether Conner had a liberty interest, protected by the fourteenth amendment, in not being arbitrarily placed in disciplinary segregation. The fourteenth amendment protects liberty interests arising from the Due Process Clause or created by state law. Hewitt v. Helms, 459 U.S. 460, 466, 103 S.Ct. 864, 868-69, 74 L.Ed.2d 675 (1983). To discover whether state law has created a liberty interest, we must "examine closely the language of the relevant statutes and regulations" to see whether the state has placed "substantive limitations on official discretion." Kentucky Dep't of Corrections v. Thompson, 490 U.S. 454, 461, 109 S.Ct. 1904, 1909, 104 L.Ed.2d 506 (1989) (internal quotation omitted; citation omitted). Most commonly, a state fetters official discretion by a two-step process. First, the state establishes "substantive predicates" to govern official decisionmaking. These are "particularized standards or criteria to guide the State's decisionmakers." Id. Next, the state requires, in "explicitly mandatory language," that if the substantive predicates are met, a particular outcome must follow. Id. at 461-64, 109 S.Ct. at 1909-10. We conclude that Hawaii's regulations create a liberty interest in remaining free from disciplinary segregation. The regulations provide explicit standards that fetter official discretion. Under Title 17, subtitle 2 (Corrections Division), Department of Social Services and Housing, Sec. 17-201-18(b) ("Sec. 17-201-18(b)"), the inmate must admit guilt or the prison disciplinary committee must be presented with substantial evidence before the committee may make a finding of guilt. If the inmate does not admit guilt, or the committee does not find substantial evidence, the particular outcome--freedom from disciplinary segregation--must follow. Sec. 17-201-18(b).
Having found that Conner possessed a liberty interest in not being confined to disciplinary segregation, we now proceed to the issue whether he was afforded sufficient process before being so confined.
2463, 91 L.Ed.2d 265 (1986); Fed.R.Civ.Pro. 56(c).
Conner has not raised a genuine issue of material fact to support his contention that his testimony at his hearing was doctored. His affidavits do not disclose the alterations allegedly made. Bare allegations do not suffice to defeat a motion for summary judgment; Conner's obligation, rather, was to relate "specific facts showing that there is a genuine issue for trial." Celotex, 477 U.S. at 324, 106 S.Ct. at 2552.
Under Wolff v. McDonnell, an inmate "should be allowed to call witnesses and present documentary evidence in his defense when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals." 418 U.S. at 566, 94 S.Ct. at 2979. The state's regulations, even if applicable, do not expand on this right. 5 A genuine issue of material fact exists as to Conner's contention that he was not permitted to call witnesses at his hearing. The record contains a form, apparently distributed to Conner after the hearing, that states that witnesses were unavailable at the hearing "due to the move to the medium facility and being short staffed on the modules."
Prison disciplinary committees may not deny a defendant the right to call important witnesses solely for the sake of administrative efficiency. Bostic v. Carlson, 884 F.2d 1267, 1273 (9th Cir.1989). Rather, they must show the adequacy of their justification for denying a request to present witnesses in a disciplinary proceeding. Id. Further, we note that "[t]he security issues that concerned the Wolff Court were the risk of death or injury to inmate witnesses and informants identified at hearings or in produced documents, as well as the potential for breakdown in authority, order and discipline inside the institution." Young v. Kann, 926 F.2d 1396, 1400 & nn. 8, 9 (3d Cir.1991). It is not clear that these were the concerns that motivated the disciplinary committee that considered Conner's case.


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(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule I.
(a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may, in addition, be required to pay a fine of not more than fifty thousand dollars.
(b) An aggregate weight of twenty-eight grams or more, shall be imprisoned at hard labor for not less than one year nor more than twenty years and may, in addition, be required to pay a fine of not more than fifty thousand dollars.
(a) An aggregate weight of less than two and one half pounds, shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, and pay a fine of not more than fifty thousand dollars.
(b) An aggregate weight of two and one half pounds or more, shall be imprisoned at hard labor for not less than one year nor more than twenty years and pay a fine of not more than fifty thousand dollars.
(3) A substance classified in Schedule I that is the narcotic drug heroin or a mixture or substance containing a detectable amount of heroin or its analogues, upon conviction for any amount, shall be imprisoned at hard labor for not less than five years nor more than forty years and may, in addition, be required to pay a fine of not more than fifty thousand dollars.
(a) An aggregate weight of less than two grams, shall be imprisoned, with or without hard labor, for not more than two years and may, in addition, be required to pay a fine of not more than five thousand dollars.
(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may, in addition, be required to pay a fine of not more than five thousand dollars.
(a) On a first conviction, wherein the offender possesses fourteen grams or less, the offender shall be fined not more than three hundred dollars, imprisoned in the parish jail for not more than fifteen days, or both.
(b) On a first conviction, wherein the offender possesses more than fourteen grams, the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than six months, or both.
(c) Any person who has been sentenced under the provisions of Subparagraph (a) or (b) of this Paragraph and who has not been convicted of any other violation of a statute or ordinance prohibiting the possession of marijuana for a period of two years from the date of completion of sentence, probation, parole, or suspension of sentence shall not have the conviction used as a predicate conviction for enhancement purposes. The provisions of this Paragraph shall occur only once with respect to any person.
(d) On a second conviction the offender shall be fined not more than one thousand dollars, imprisoned in the parish jail for not more than six months, or both.
(e)(i) On a third conviction the offender shall be sentenced to imprisonment, with or without hard labor, for not more than two years, shall be fined not more than two thousand five hundred dollars.
(ii) If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.
(f)(i) On a fourth or subsequent conviction the offender shall be sentenced to imprisonment with or without hard labor for not more than eight years, shall be fined not more than five thousand dollars, or both.
(g) Except as provided in Subparagraph (c) of this Paragraph, a conviction for the violation of any other statute or ordinance with the same elements as Subsection C of this Section prohibiting the possession of marijuana, tetrahydrocannabinol or chemical derivatives thereof, shall be considered as a prior conviction for the purposes of this Subsection relating to penalties for second, third, or subsequent offenders.
(h) Except as provided in Subparagraph (c) of this Paragraph, a conviction for the violation of any other statute or ordinance with the same elements as Paragraph (B)(2) of this Section prohibiting the distributing or dispensing or possession with intent to distribute or dispense marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall be considered as a prior conviction for the purposes of this Subsection relating to penalties for second, third, or subsequent offenders.
(a) On a first conviction, the offender shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
(b) On a second conviction, the offender shall be fined not less than two hundred fifty dollars nor more than two thousand dollars, imprisoned with or without hard labor for not more than five years, or both.
(c) On a third or subsequent conviction, the offender shall be sentenced to imprisonment at hard labor for not more than twenty years, and may, in addition, be fined not more than five thousand dollars.
(d) A conviction for the violation of any other provision of law or ordinance with the same elements as this Subsection prohibiting the possession of synthetic cannabinoids shall be considered a prior conviction for the purposes of this Paragraph relating to penalties for second, third, or subsequent offenses.
(e) A conviction for the violation of any other provision of law or ordinance with the same elements as Paragraph (B)(2) of this Section prohibiting the distributing or dispensing or possession with intent to distribute or dispense synthetic cannabinoids shall be considered a prior conviction for the purposes of this Paragraph relating to penalties for second, third, or subsequent offenses.
(f) If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.
(a) An aggregate weight of less than two grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than two years nor more than four years.
(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than two years nor more than ten years and may, in addition be required to pay a fine of not more than five thousand dollars.
(1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or chemical derivatives thereof, two and one-half pounds.
(2) For any other Schedule I controlled substance, twenty-eight grams.
E. Notwithstanding any other provision of law to the contrary, unless eligible for parole at an earlier date, a person committed to the Department of Public Safety and Corrections serving a life sentence for the production, manufacturing, distribution, or dispensing or possessing with intent to produce, manufacture, or distribute heroin shall be eligible for parole consideration upon serving at least fifteen years of imprisonment in actual custody.
F. Immunity from prosecution. (1) Any person who is a patient of the state-sponsored medical marijuana program in Louisiana, and possesses medical marijuana in a form permissible under R.S. 40:1046 for a condition enumerated therein, a caregiver as defined in R.S. 15:1503, or any person who is a domiciliary parent of a minor child who possesses medical marijuana on behalf of his minor child in a form permissible under R.S. 40:1046 for a condition enumerated therein pursuant to a legitimate medical marijuana prescription or recommendation issued by a physician licensed by and in good standing with the Louisiana State Board of Medical Examiners, shall be exempt from the provisions of this Section. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana or any of its derivatives or other conduct outside the scope of the state-sponsored medical marijuana program.
(2) Any pharmacy licensed to dispense marijuana pursuant to R.S. 40:1046, and any employee, board member, director, or agent of a pharmacy licensed to dispense marijuana pursuant to R.S. 40:1046, shall be exempt from the provisions of this Section for possession of marijuana at a location designated by the Louisiana Board of Pharmacy rules and regulations, or distribution of marijuana in a form approved by the Louisiana Board of Pharmacy to a patient with a valid recommendation or prescription, in the state-sponsored medical marijuana program. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana or any of its derivatives or other conduct outside the scope of the state-sponsored medical marijuana program or for violations of Louisiana Board of Pharmacy rules and regulations.
(3) Any licensee or its subordinate contractor licensed by the Department of Agriculture and Forestry to produce marijuana pursuant to R.S. 40:1046, and any employee, board member, director, or agent of a marijuana licensee or its subordinate contractor licensed pursuant to R.S. 40:1046, shall be exempt from prosecution under this Section for possession, production, or manufacture of marijuana at the production facility designated by the Department of Agriculture and Forestry or for the transportation of marijuana or any of its derivatives in accordance with the Department of Agriculture and Forestry rules and regulations. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana from the production facility designated by the Department of Agriculture and Forestry outside the scope of the state-sponsored medical marijuana program or for violations of Department of Agriculture and Forestry rules and regulations.
(4) Any laboratory that tests marijuana or marijuana preparations produced and distributed under the state-sponsored medical marijuana program, and any employee, board member, director, or agent of a testing laboratory pursuant to R.S. 40:1046, shall be exempt from prosecution under this Section for possession of marijuana or any of its derivatives at a research laboratory designated by the Louisiana Board of Pharmacy or for transportation of marijuana or any of its derivatives in accordance with Louisiana Board of Pharmacy rules and regulations. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana from a research laboratory designated by the Louisiana Board of Pharmacy or other conduct outside the scope of the state-sponsored medical marijuana program or for violations of Board of Pharmacy rules and regulations.
(5) Any person conducting research as the licensee pursuant to R.S. 40:1046 and any employee, board member, director, agent, or any person conducting research in partnership with the licensee shall be exempt from prosecution under this Section for the possession, production, or manufacture of marijuana or any of its derivatives at the production facility designated by the Department of Agriculture and Forestry or for the transportation of marijuana or any of its derivatives in accordance with Department of Agriculture and Forestry rules and regulations. This Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana or any of its derivatives from the production facility designated by the Department of Agriculture and Forestry or other conduct outside the scope of the state-sponsored medical marijuana program or for violations of Department of Agriculture and Forestry rules and regulations.
(6)(a) The defenses in Paragraph (1) of this Subsection shall be raised by reproducing a patient's medical records that have been created by his attending physician, that contain the recommendation to possess marijuana for therapeutic use in a form permissible under R.S. 40:1046.
(i) A pharmacy licensed to dispense marijuana for therapeutic use.
(ii) A licensee of marijuana for therapeutic use or its subordinate licensed contractor.
(iii) A testing laboratory of marijuana for therapeutic use, authorized to do business.
(iv) A licensed researcher of marijuana for therapeutic use, performing his official duties.
(c) The defendant shall bear the burden of proving that the possession, manufacture, production, transportation, or distribution was in accordance with the state-sponsored medical marijuana program, the Louisiana Board of Pharmacy rules and regulations, or the Department of Agriculture and Forestry rules and regulation, as applicable.
G. Treatment for heroin addiction as a condition for probation. (1) Upon conviction of Paragraph (B)(3) or (C)(4) of this Section, possession with intent to distribute heroin or possession of heroin, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may order the division of probation and parole of the Department of Public Safety and Corrections to conduct a presentence investigation, or may order the defendant to obtain a substance abuse evaluation, for the purpose of determining whether the defendant has a substance abuse disorder.
(2) Upon receiving the report or evaluation, the court shall, if it finds probable cause from such report to believe the defendant has a substance abuse disorder, order a contradictory hearing for the purpose of making a judicial determination on whether the defendant has a substance abuse disorder.
(a) There is an available program in the local jurisdiction that has sufficient experience in working with criminal justice participants with substance abuse disorders and is certified and approved by the state of Louisiana.
(b) The cost of the approved treatment does not create a substantial financial hardship to the defendant or his dependents. For purposes of this determination, "substantial financial hardship" shall have the same meaning as provided in R.S. 15:175.
(4) If the offender does not successfully complete the drug treatment program, or otherwise violates the conditions of his probation, the court may revoke the probation or impose other sanctions pursuant to Code of Criminal Procedure Article 900.
Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §3; Acts 1977, No. 631, §1; Acts 1981, No. 800, §1, eff. Aug. 2, 1981; Acts 1983, No. 598, §1; Acts 1984, No. 910, §1; Acts 1985, No. 208, §1; Acts 1986, No. 769, §1; Acts 1987, No. 850, §1; Acts 1991, No. 99, §1; Acts 1993, No. 969, §1; Acts 1994, 3rd Ex. Sess., No. 77, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2001, No. 1036, §1; Acts 2002, 1st Ex. Sess., No. 45, §1, eff. April 18, 2002; Acts 2004, No. 345, §1; Acts 2007, No. 19, §1; Acts 2009, No. 533, §3; Acts 2010, No. 565, §1; Acts 2010, No. 661, §1; Acts 2010, No. 810, §1; Acts 2010, No. 866, §1; Acts 2014, No. 368, §1, eff. May 30, 2014; Acts 2015, No. 295, §1, eff. June 29, 2015; Acts 2016, No. 343, §1; Acts 2017, No. 281, §§2 and 3; Acts 2017, No. 319, §1, eff. June 22, 2017; Acts 2018, No. 677, §1.
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Our law firm, with its combined experience of hard charging lawyers, has over 100 years of collective experience in the art of personal injury claims. Michael Ehline of Ehline Law Firm Personal Injury Attorneys, APLC and staff, have recovered significant sums of money for badly injured victims, and achieved phenomenal results.
Below, you can take a look at just some of the few representative cases in which our Los Angeles personal injury law firm has assisted victims and consumers. In these last few years, our firm and its counsel and assigns have garnered more than $30,000,000.00 dollars in both verdicts and settlements.
Feel free to peruse through some of the many various fact patterns. Keep in mind that like people in general, no two legal cases are exactly the same either.
Confidential Settlement involving a motorcycle accident with severe spinal cord injuries. Required surgery.
Truck accident wrongful death crash/insurance bad faith matter.
Ducket v. Ridgecrest Regional Hospital.
Wrongful death from a routine appendectomy.
Hier v. State of California (Caltrans).
We helped the family of a grandmother who died when her car fell down a cliff with improper safety barriers.
Cosham v. City and County of Los Angeles.
Dangerous condition of public property against City and County of Los Angeles/Wrongful Death and products claim against various DOE defendants.
Cruise ship sexual assault case involving a minor.
Clare v Estate of Clare.
Auto defect/wrongful death case involving complex issues.
Rodriguez, et al. v. Osterkamp Farms.
Disputed liability where a trucker is killed by a sugar beet harvesting machine.
Cabinet maker earning $15,000 a year killed by RBUSD employee.
Dangerous intersection claim against the City of Los Angeles. Plaintiff suffered severe spinal cord injuries. Spinal fusion surgery was required.
Hemsley v. Davis, et. al.
Pineda v. Anderson, et al.
Intersection accident case involving spinal cord injuries.
Kramer v. Causly, et. al.
Fausto v. American Team Properties, Inc.
Above were just a few of our fantastic wins for the public. Each judge, jury, arbitrator and mediator is a human being. This means that each individual will weigh the objective facts of each case in his or her own subjective manner.
This means that as discussed in our disclaimer here, we can never guarantee you will have the same or similar result in a case with similar injuries and damages. However, you will know by hiring us, that we will fight like lions to get you what you deserve!
If you were seriously injured, or have some other matter of public importance, feel free to give the legal representatives at Ehline Law Firm Personal Injury Attorneys, APLC a call.
Maybe Michael Ehline will grant you a free hassle free phone or in personal consultation? We strive to make ourselves available 24-7, and return calls as soon as practicable. Call us now at (213) 596-9642.

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A fact sheet on CMS's final rule is available here.
A fact sheet on ONC's standards and certification criteria final rule is available here.
1. SMTP is the required transport standard for all certified EHRs and has been included in the Base EHR definition, meaning that all EHR technology used by EPs, EHs, and CAHs and that meets the CEHRT definition will, at a minimum, be capable of SMTP-based exchange.
reference in § 170.299). .
(A) The standard specified in § 170.202(a).
(B) Optional. The standards specified in § 170.202(a) and (b).
(C) Optional. The standards specified in § 170.202(b) and (c).
To permit additional flexibility and options for EHR technology developers to provide their customers with EHR technology that has been certified to support an EP, EH, or CAH’s achievement of the “transitions of care” MU objective and associated measure, we have adopted two optional certification approaches for transport standards. For each option, EHR technology would need to demonstrate its compliance with both of the identified specifications in that option in order to be certified to the option.
• The first option would permit EHR technology to be certified as being in compliance with our original proposal: certification to both the Applicability Statement for Secure Health Transport specification and the XDR and XDM for Direct Messaging specification.
• The second option would permit EHR technology to be certified to: the Simple Object Access Protocol (SOAP)-Based Secure Transport Requirements Traceability Matrix (RTM) version 1.0 standard and the XDR and XDM for Direct Messaging specification."
"Enable a user to electronically record, change, access, and search electronic notes."
I look forward to vendor implementations of searching free text - will they use simply keyword indexing or more innovative natural language processing techniques that enables text to be search with context as I wrote in this blog post.
"Image results. Electronically indicate to a user the availability of a patient’s images and narrative interpretations (relating to the radiographic or other diagnostic test(s)) and enable electronic access to such images and narrative interpretations."
4. Encryption is required for EHR data stored locally on client devices - this refers to caches and local databases created by the application and not a user saving a file or doing a screen print.
"Record the encryption status (enabled or disabled) of electronic health information locally stored on end-user devices by EHR technology in accordance with the standard specified in § 170.210(e)(3) unless the EHR technology prevents electronic health information from being locally stored on end-user devices (see 170.314(d)(7) of this section)."
5. Care Coordination data must be receivable using the Direct protocol and incorporated in structured form.
(1) Medications. At a minimum, the version of the standard specified in § 170.207(d)(2); (2) Problems. At a minimum, the version of the standard specified in § 170.207(a)(3); (3) Medication allergies. At a minimum, the version of the standard specified in § 170.207(d)(2)."
"EHR technology must provide patients (and their authorized representatives) with an online means to view, download, and transmit to a 3rd party the data specified below.
Transmit to third party. (1) Electronically transmit the ambulatory summary or inpatient summary (as applicable to the EHR technology setting for which certification is requested) created in paragraph (e)(1)(i)(B)(1) of this section in accordance with the standard specified in § 170.202(a).
(2) Inpatient setting only. Electronically transmit transition of care/referral summaries (as a result of a transition of care/referral) selected by the patient (or their authorized representative) in accordance with the standard specified in § 170.202(a)."
I'll write more over the next few days. I look forward to industry reaction as to the difficulty of implementing some of the more novel workflows.
On the InfoButton standard - please share your vision as to whether the NLM will provide content resources for clinical decision support and or patient education in the proposed standard (i know that now they do provide patient education in a simple web service or download).
Should providers expect that they will need to contract with private companies to provide content since it is unlikely that their EHR could provide that level of detailed content?
and the more detailed technical documentation that is accessible from that page.


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In this Data Protection Notice we, BillFront Ltd., are informing you of the way in which your personal data are processed when you use our website, billfront.com.
Personal data comprise information referring to an identified or identifiable person. They include particularly all information making it possible to conclude your identity, for instance your name, telephone number, address or e-mail address. Statistical data, which we collect for example when someone visits our website, do not fall under the meaning of personal data.
For all questions about matters of data protection in connection with our products or the use of our website you can also contact our Data Protection Officer at any time. They can be reached under the above postal address and under the e-mail address given above.
Online identifiers (e.g. device identifiers, session IDs).
The processing of access data is necessary to ensure the accessibility of our website and permanent functionality and security of our systems. Access data will additionally be processed and stored in internal logfiles, to further develop our website, based on usage patterns of our visitors (e.g. if the proportion of mobile devices on which the pages are called up rises) and to administer our website generally. The legal basis is Art. 6 sec. 1 clause b GDPR.
You have various possible ways of contacting us. These include the Contact Form, live chat, registration for events, or the call-back function. In this context we process data solely for the purpose of communication. The legal basis is Art. 6 sec. 1 lit. b GDPR.
To use our Service you have to register to our login area. In this context we require your name, business and email address and telephone number. Without this data registration is not possible. The legal basis for this processing is Art. 6 sec. 1 lit. b GDPR.
You can use out website to apply for vacant jobs via recruitee. The purpose of the data collection is that of applicant selection for providing possible employment. For receiving and processing your application we collect the following data: first name and surname, e-mail address, application documents (e.g. references, CV), earliest date for taking up the job, and desired salary. The legal basis for the processing of your application documents is Art. 6, sec. 1 lit. b and Art. 88 sec. 1 GDPR in combination with sec. 26 of the German Data Protection Act (BDSG).
For a part of our service it is necessary for us to insert cookies. A cookie is a small text file which is saved by your browser on your device. Cookies are not inserted to execute programs or to load viruses into your computer. Instead the main purpose of cookies is to provide a personalized product or service and to make use of our services as convenient as possible.
To note that information placed on our website has been displayed to you - so that on your next visit to the website it does not need to be displayed again.
These services are based on our legitimate interest, Art. 6 sec. 1 lit. f GDPR.
The legal basis for the data processing described in the following section is Art. 6, Paragraph 1, Clause 1, Point (f) of the GDPR, based on our legitimate interest in the needs-based design and continual optimisation of our website.
The legal basis for the data processes described in the following section is Art. 6, Paragraph 1, Clause 1, Point (f) of the GDPR, grounded on our legitimate interest in providing you with personalised advertising.
In the following section we would like to explain these technologies, and the providers employed for the purpose, in more detail.
The data so collected are saved only in pseudonymous form, however, so that no direct conclusions can be drawn about you personally.
In the following descriptions of the technology which we employ you will find instructions on how to object to our analysis procedures and advertising campaigns by means of a so-called opt-out cookie. Please note that after the deletion of all cookies in your browser or the later use of another browser and/or profile, another opt-out cookies must be placed.
In the following paragraphs we describe the ways in which you can object to our analysis processes and advertising campaigns. Alternatively you can exercise your objection through settings to that effect on two websites: TrustArc or Your Online Choices, which provide objection facilities by many advertisers in bundled form. Both sites make it possible to disable all advertisements at once for the providers listed, using opt-out cookies, or alternatively to make the settings for each provider individually.
For marketing purposes our websites use so-called conversion and retargeting tags (also "Facebook pixels") of the social network Facebook, a service of Facebook Inc., 1601 Willow Road, Menlo Park, California 94025, USA ("Facebook"). We use Facebook pixels in order to analyse the general use of our websites and to trace the efficacy of Facebook advertising ("conversion"). In addition, we use the Facebook pixels to play you individualised publicity messages based on your interest in our products ("retargeting"). For this purpose Facebook processes data which the service collects via cookies and similar technologies on our websites.
The data accrued in this context may be transmitted by Facebook for evaluation to a server in the USA and stored there. Should personal data be transmitted to the USA, Facebook has acceded to the EU-US Privacy Shield.
If you are a Facebook member and have allowed Facebook to do so via the privacy settings of your account, Facebook may in addition link with your member account the information about your visit captured by ourselves and use it for the targeted insertion of Facebook Ads. You can view and change the privacy settings in your Facebook profile at any time. If you are not a Facebook member, you can prevent this data processing by Facebook by operating the disable button for the provider "Facebook" on the TrustArc website mentioned above. You can further prevent this data processing by clicking the following opt-out link.
If you deactivate this data processing by Facebook, Facebook will only display general advertisements, which are not selected on the basis of the information captured about you.
You will find more detailed information on this matter in Facebook's Privacy Statement.
Our websites use the AdWords conversion tracking and AdWords remarketing services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). AdWords conversion tracking is used by us to capture specific customer actions (such as clicking on an advertisement, page call-ups, downloads) and to analyse them. We use AdWords Remarketing to display individualised advertising messages to you for our products on partner websites of Google.
If you use a Google account, Google may - depending on the settings saved in your Google account - link your web and app browser history with your Google account and use information from your Google account in order to personalise advertisements. If you do not wish for this allocation to the Google account, it will be necessary for you to log out before calling up our contact page at Google.
As set out above, you can so configure your browser that it rejects cookies. Additionally, in the cookie settings of Google's Privacy Statement, you can prevent Google cookies from being used for advertising purposes.
You can find more detailed information on this matter in Google's Privacy Statement.
This is legally permissible and requisite, pursuant to Art. 6 sec. 1 lit. b GDPR, for the handling of contracts with yourself or for the execution of precontractual actions which are being carried out at your request.
A part of the data processing can be handled via service providers. Along with the service providers stated in this Data Protection Notice, these may include in particular computer centres which store our website and databases, IT service providers which maintain our systems, and consultancy firms. Should we pass data on to our service providers, these data may only be used for performance of their tasks. We select and commission these service providers carefully. They are bound contractually to follow our instructions, have suitable technical and organisational measures for the protection of the rights of data subjects, and are monitored by ourselves on a regular basis.
Further transmission may also be made in connection with requests by government authorities, decisions of the courts and legal proceedings if it is necessary for prosecution or execution at law.
Some of your data will be processed on servers which are provided by Amazon Web Services, a service of Amazon Web Services Inc., 410 Terry Avenue North, Seattle, Washington 98109, USA ("AWS"). Via these AWS servers your device will be connected with the contents in our website. The servers which we use are normally located inside the European Union. For technical reasons, however, portions of your data may be processed outside the European Economic Area, particularly in the USA. To ensure the protection of your data in this case too, AWS participates in the EU-US Privacy Shield. In addition, we have concluded a contract with AWS which meets the requirements stipulated by the standard clauses of the European Commission. The legal basis is Art. 6 sec. 1 lit. f GDPR, based on our legitimate interest in storing the contents of our website securely and reliably through external service providers while reducing our own expenditure of resources for the provision of our website's EDP infrastructure.
You will find more detailed information in Google's information on Tag Manager.
We store personal data only for as long as is necessary to fulfill contractual or statutory duties for which the data were collected. We then erase the data immediately, unless we still need these data until expiry of the statutory period of limitation for purposes of evidence in civil claims or due to statutory duties of storage.
For purposes of evidence we must still store contact data for three years from the end of the year in which business relations with you end. Any claims will expire, under the normal statutory period of limitation, no earlier than at this time.
Thereafter we must also store some of your data for purposes of book-keeping. We have an obligation to do so under statutory duties of documentation which may arise under the German Commercial Code, the German Tax Code, the German Credit and Loans Act, the German Money Laundering Act, and the German Securities Act. The periods stipulated there for storage of documents are two to ten years.
You have the right at any time to require us to provide information about the processing of your personal data (right of access). When providing you with this information we shall explain the data processing and supply an overview of the data relating to your person which are stored. Should data stored with us be inaccurate or no longer up-to-date, you enjoy the right to have these data corrected (right to rectification). You can also require the erasure of your data (right to erasure or right to be forgotten). Should the erasure exceptionally not be possible due to other legal regulations, the data processing will be restricted, so that in future they are only available for this statutory purpose. You can also have the processing of your data restricted, i.e. if you believe that the data which we have saved are not correct (right to restriction of processing). You also have the right of data portability, i.e. that we send you on request a digital copy of the personal data which you have provided (right to data portability).
To exercise your rights as set out here, you can communicate with the foregoing contact details at any time. This also applies should you wish to receive copies of guarantees for certification of an adequate data-protection level.
You also have the right to object to the data processing based on Art. 6, para., lit. e or f of the GDPR. Finally, you have the right to complain to the regulatory authority to which we are subject. You can exercise this right at a regulatory authority in the member country of your place of residence, of your workplace, or of the place of alleged breach.
Under Article 7 sec. 3 GDPR you have the right at any time to withdraw to us any consent which has once been given. This will have as a consequence that in future we no longer continue the data processing based on this consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Insofar as we process your data on the basis of legitimate interests under Art. 6 sec. 1 lit. f GDPR, you have the right under Art. 21 GDPR to object to the processing of your data and to mention grounds relating to your particular situation that in your opinion speak in favour of prevailing legitimate interests. Where personal data are processed for direct marketing purposes, you have a general right of objection which will also be implemented by us without your stating reasons.
If you wish to make use of your right to withdraw or object, a notification without set form to the contact details above will be sufficient.
We maintain up-to-date technical measures to ensure data security, particularly for the protection of your personal data against dangers during data transmissions and against cognizance by third parties. These are amended in each case to reflect the current state of technology. To secure the personal data which you have stated on our website, we use transport layer security (TLS), which encrypts the information which you have entered.
We occasionally update this Data Protection Notice, for instance when we revise our website or statutory or official regulations change.
Get in touch to learn more about our services and how we can boost your business.
We promise to get back to you within one day.
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Items where Author is "Veerraju, P."
Rangarao, G. C. P. and Chetana, U. V. and Veerraju, P. (1995) Mathematical Model for Computer Simulation of Moisture Transfer in Multiple Package Systems. Lebensmittel-Wissenschaft und Technologie , 28. pp. 38-42.
Crown, J. K. and Mahadeviah, M. and Veerraju, P. and Naresh, R. and Gowramma, R. V. (1984) Simple device for post lacquering of can end seams. Indian Food Packer, 38 (6). pp. 40-41.
Veerraju, P. and Crown, J. K. (1981) A machine for making high quality leaf dishes. Appropriate Technology, 8 (3). pp. 9-12.
Veerraju, P. and Hemavathy, J. and Prabhakar, J. V. (1978) Influence of water activity of pellicle chaffing, color and breakage of walnut (Juglans regia) kernels. Journal of Food Processing and Preservation, 2 (1). 21-31, 14 ref..
Veerraju, P. (1976) Packaging for export. Indian Export Trade Journal. pp. 17-20.
Anandaswamy, B. and Veerraju, P. and Iyengar, N. V. R. (1971) Insulated drip proof bamboo baskets for transportation of fresh fish with ice. Packaging India, 3 (4). 11-16, 35.
Veerraju, P. (1968) Cost reduction through material savings in packaging. Packaging India, 1 (1). pp. 38-41.
Veerraju, P. and Karel, M. (1966) Controlling atmosphere in a fresh fruit package. Modern Packaging, 40 (2). 168, 170, 172, 174, 254.
Veerraju, P. (1963) Laboratory model vacuum can sealing unit. Research and Industry, 8 (9). pp. 255-257.
Srinivasan, M. and Kapur, O. P. and Krishnamurthy, K. S. and Iyengar, N. V. R. and Anandaswamy, B. and Veerraju, P. (1963) Preparation of ready-to-eat, high calorie, light weight, pre-cooked foods. Research and Industry, 8 (11). pp. 321-324.
Veerraju, P. and Iyengar, N. V. R. (1962) Some aspects of package design: I. Hazards in handling transportation and storage. Research and Industry, 7 (1). 1-3, 18.
Veerraju, P. and Vijayendra Rao, A. R. and Iyengar, N. V. R. (1962) Some aspects of package design: II. Materials and design. Research and Industry, 7 (2). pp. 43-46.
Iyengar, N. V. R. and Anandaswamy, B. and Veerraju, P. (1961) Thermal insulating materials from agricultural wastes: coconut (Cocos nucifera Linn.) husk and pith. Journal of Scientific and Industrial Research, 20D. pp. 276-279.
Balasubrahmanyam, N. and Murthy, H. B. N. and Sreenathan, V. R. and Anandaswamy, B. and Veerraju, P. and Iyengar, N. V. R. (1960) Packaging of moisture sensitive cereal products: Papads. Food Science, 9. pp. 281-285.
This list was generated on Wed Apr 24 22:08:51 2019 IST.

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The Schöpflin Foundation in Lörrach, Germany, attaches great importance to compliance with the provisions of data protection regulations. As a rule, it is possible to use our website without having to provide any personal data. If, however, you make use of specific services via our website, we may need to process personal data. Should we need to do this but no legal basis exists for processing the personal data, we shall seek your permission before we do so.
We shall always process your personal data – e.g. name, address, email address or telephone number – in accordance with the General Data Protection Regulation (GDPR) and the latest version of the German Federal Data Protection Act (known as the BDSG), and in compliance with any other data protection regulations currently in force in Germany. By way of this Privacy Statement, we would like to inform you of the nature, extent and purpose of the personal data that we collect, use and process.
This Privacy Statement also sets out your rights in this regard.
As a data ‘controller’ (see definitions below) we have put in place numerous technical and organisational measures to ensure that the personal data processed via this website are as secure as possible. However, web-based data transfer (e.g. emails) may not be completely secure and as such it is not possible to guarantee absolute data security. For this reason, you are very welcome, at any time, to transmit personal data to us by alternative means – e.g. by telephone or by post.
Personal Data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’ or addressed directly, e.g. ‘you’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A Data Subject is any identified or identifiable natural person whose personal data is processed by those responsible for processing data.
Processing means any operation or set of operations which is performed on personal data – whether or not by automated means – such as collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The controller – or the person or body responsible for processing data – means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
When you visit our website, our system collects a set of general data and information. This general data and information is stored in our server’s logfiles. The following information can be collected: (1) the type and version of the browser you use; (2) the operating system used by your computer; (3) the website via which your computer accessed our website (the so-called ‘referrer’); (4) sub-sites directed to our website via an accessing system; (5) the date and time of each access to our website; (6) the Internet Protocol Address (IP address); (7) the internet service provider of the accessing system; and (8) other similar data and information that serve to protect our IT systems against attack.
In using this general data and information we draw no conclusions about you as the data subject. Instead this information is needed for the following reasons: (1) to ensure the proper delivery of the contents of our website; (2) in order to optimise the content of our website and adverts; (3) in order to guarantee the operational reliability of our IT systems and the technology used to run our website; and (4) in order, in the event of a cyber-attack, to provide law enforcement agencies with the necessary information for them to make a prosecution. This anonymously collected data and information is therefore analysed by us both statistically and in order to enhance data protection and data security within our organisation, ultimately in order to ensure the best possible level of protection for the personal data that we process. The anonymous data on the server logfiles are stored separately from all personal data provided by a data subject.
Our website contains a contact form that facilitates rapid electronic contact with our organisation and direct communication with us; the website also provides a generic address for so-called electronic mail (i.e. email address). When a data subject contacts us by email or via the contact form the personal data provided by the data subject are automatically stored. This personal data thus freely provided to us by a data subject for due processing shall be stored for processing purposes or for the purpose of contacting the data subject. As soon as these purposes have been completed (e.g. once your inquiry has been processed and completed), the personal data shall be deleted. The only exception to this shall be any statutory data retention rules which we are legally obliged to observe.
We shall only store your personal data for as long as the storage purpose applies or for as long as provided for by European directives and by the European regulator or by other laws and regulations to which we are subject.
Should the storage purpose no longer apply or should a data storage period as defined by European directives and by the European regulator or by other relevant legislation expire, your personal data shall be deleted or blocked in accordance with the relevant legal provisions.
You have the right, as conferred by European directives and the European regulator, to be informed by us at any given time and free of charge as to whether or not we have stored personal data about you.
the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning the data subject by us or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
If you wish to assert your right to information you may do so at any time by contacting us.
The data subject has the right, as conferred by European directives and the European regulator, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If you wish to assert your right to rectification you may do so at any time by contacting us.
If you wish to assert your right to erasure you may do so at any time by contacting us.
you have objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds asserted by us, as data controller, override your own, as the data subject.
If you wish to assert your right to restriction of processing, you may do so at any time by contacting us.
You have the right, as conferred by European directives and the European regulator, to receive the personal data which you have provided to us, as data controller, in a structured, commonly used and machine-readable format.
You also have the right to transmit these data to another data controller without hindrance from us provided the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6 (1) of the GDP; and the processing is carried out by automated means, provided the processing is not required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
You also have the right of data portability as per Article 20 (1) of the GDPR and can demand that your personal data be transmitted – where technically feasible - directly from us to another data controller without hindrance or detriment; this right shall not adversely affect the rights and freedoms of others.
If you wish to assert your right to data portability, you may do so at any time by contacting us.
You have the right, as conferred by European directives and the European regulator, to object, on grounds relating to your particular situation, at any time to the processing of your personal data which is based on point (e) or (f) Article 6 (l) of the GDPR. This shall also apply to profiling based on these provisions.
In the event of such an objection as described above, we shall no longer process your personal data unless we, as the data controller, can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or such processing is necessary for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes you shall have the right to object at any time to the processing of your personal data for such marketing. This shall also apply to profiling to the extent that it is related to such direct marketing. If you object to us processing your personal data for the purposes of direct marketing, we shall no longer process your personal data for such purposes.
Furthermore, where your personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) of the GDPR, you – as the data subject – on grounds relating to your particular situation, shall have the right to object to the processing of your personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
If you wish to assert your right to object, you may do so at any time by contacting us. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right, as conferred by European directives and the European regulator, at any time to withdraw your consent for the processing of your personal data.
If you wish to assert your right to withdraw your consent for the use of personal data, you may do so at any time by contacting us.
You have the right, as conferred by European directives and the European regulator and without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you, as the data subject, consider that the processing of your personal data infringes this Regulation.
On our website we also integrate Vimeo videos into our content. Vimeo is a platform provided by Vimeo Inc.
On our website we also integrate maps provided by the Google Maps service.
The data processed by Google Maps can include, specifically, IP addresses and user locations. These data are not however collected without the user’s consent – which is usually provided via settings on your mobile device. This data can be processed in the USA.
If you subscribe to our newsletter, you are declaring both that you consent to receiving the newsletter and to the method by which it is sent to you, details of which are set out below.
We only send emails containing adverts (hereinafter referred to as ‘Newsletters’) if we have the consent of the recipient and provided the recipient has given this consent in a way that has been properly logged or through a statutory authorisation. Provided the content of our newsletter is clearly described when a person subscribes to it, this description shall be deemed to be the basis on which the subscriber gives his or her consent to subscribe. Our newsletters also contain information about our services and about our organisation.
Subscribing to our newsletter is done via the so-called double opt-in procedure. This means that once you have registered to receive our newsletter, you will receive an email which asks you to confirm that you wish to subscribe. This confirmation is necessary in order to avoid people subscribing by using someone else’s email address. Subscriptions to our newsletter are logged so that we can demonstrate that we have complied with the legal requirements relating to the registration process. This includes storing the registration and confirmation times, as well as the IP address. Equally any changes to your stored data will be logged with our mailing service provider.
Subscription data: in order to subscribe to our newsletter, we only require your email address. We also request – but this is optional only – that you provide us with your name so that we can address the newsletter to you by name.
The despatch of the newsletter and any performance measurement associated with it shall be done on the basis of the consent of the recipient in accordance with Article 6 §1 (a) and Article 7 of the GDPR and in conjunction with §7 (2) no. 3 of the UWG (German Fair Trade Practices Act) or, as the case may be, on the basis of legal permission as per §7 (3) of the UWG.
The logging of the registration process shall be carried out on the basis of our legitimate interests as per Article 6 §1 (f) of the GDPR. Our interests are to provide a user-friendly and secure newsletter system that both serves our business interests and meets our users’ expectations. The system also needs to provide us with verification of consent from our newsletter subscribers.
You are free at any time to withdraw your consent to receiving our newsletter. You can do this in writing, by telephone or by email. You will also find the unsubscribe link at the end of each newsletter. We are entitled to store, for up to three years, the email addresses of newsletter recipients who have unsubscribed; these email addresses will then be deleted. This right of storage is granted to us on the basis of our legitimate interests, namely that we need to be able to prove that a subscriber did at one point in time give us consent to receive our newsletter. The processing of these data shall be limited to defending any potential claims. You may at any time request the erasure of these data provided that any such request includes confirmation of the former existence of your consent to receive the newsletter.
The legal basis we shall use for processing procedures – where we obtain consent for a specific processing purpose – shall be Article 6 §1 (a) of the GDPR. If the processing of the personal data is necessary for the performance of a contract to which you, as the data subject, are party – which may, for example, be the case for data processing which we need to carry out in order to provide our service or to meet other commitments – this processing shall be governed by Article 6 §1 (b) of the GDPR.
The same shall also apply to those processing procedures which are required for the implementation of pre-contractual measures – namely in the event of requests for our products or services. Where our organisation is subject to a legal obligation that necessitates the processing of personal data, e.g. in order to comply with taxation obligations, such processing shall be carried out in accordance with Article 6 §1 (c) of the GDPR.
In rare cases it may be necessary to process personal data in order to protect the vital interests of a data subject or of another natural person. An example of this would be if a visitor to our offices were to be injured and then that person’s name, age, health insurance data or other vital information needed to be passed on to a doctor, hospital or other third party. In such cases the processing of personal data would be governed by Article 6 §1 (d) of the GDPR.
Finally processing procedures may be carried out in accordance with Article 6 §1 (f) of the GDPR. This provision covers processing procedures not covered by any of the provisions above where the processing is necessary for the purposes of the legitimate interests pursued by our organisation or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. These processing procedures are granted to us in particular because they are specifically mentioned in the recitals to the GDPR. In this regard, the text states that such legitimate interest could exist if you, as a data subject, are our client (see recital 47, sentence 2, of the GDPR).
Insofar as the processing of personal data is based on Article 6 §1 (f) of the GDPR, our legitimate interest is the performance of our business activity to the good of all our colleagues and shareholders.
6 years pursuant to § 257 (1) of the HGB (German Commercial Code). This covers account books, inventories, opening balance sheets, endof-year accounts, commercial letters, accounting documents etc.
10 years pursuant to § 147 (1) of the AO (German Tax Code). This covers accounts, records, management reports, accounting documents, commercial letters, documents relating to tax issues, etc.
Once the retention period has expired the relevant data are routinely erased, provided they are no longer required to perform or initiate a contract.
We hereby inform you that the provision of personal data is, in part, a legal requirement (e.g. tax regulations) or can arise from contractual arrangements (e.g. contractual partner details).
Sometimes, in order to conclude a contract, it may be necessary that you, as a data subject, provide us, as a data controller, with data that we then need to process. You are for example required to provide us with personal data if our organisation concludes a contract with you. If, in such a scenario, you did not provide us with these personal data, then we would not be able to conclude the contract with you.
Before providing us with personal data, please contact us. We will be pleased to explain to you whether, in your specific case, the provision of personal data is a legal or contractual requirement or if it is required in order to conclude a contract. We will also be able to explain whether or not you are under an obligation to provide these personal data and what the consequences would be of not providing the personal data requested.
(1) This website uses the web analytics software platform, Matomo, to analyse how the Foundation’s website is used and to enable us to make regular improvements to the site. By using the information gathered in this way we are able to improve our service and make it more interesting for you as a user. The legal basis for the Foundation’s use of Matomo is Article 6, para. 1 (f) of the GDPR (EU General Data Protection Regulation).
(2) In order to carry out this data analysis, cookies are stored on your computer. Information gathered in this way will be stored by the controller exclusively on the controller’s server in [Germany]. You have the right to block this data analysis by deleting relevant cookies and by blocking further cookies from being stored on your computer. Please be aware that by blocking cookies you may no longer be able to make full use of this website. You can block cookies by appropriately adjusting your browser software. You can block the use of Matomo by unchecking the following box which will then activate the opt-out plug-in.
(3) This website uses Matomo and its ‘Anonymize IP’ extension. This abbreviates IP addresses and thus prevents them being directly linked to an individual. The IP address that we receive from your browser via Matomo is not amalgamated with other data that we gather.
(4) Matomo is an open-source project. For more information about data protection in relation to third party service providers, please use the following link: https://matomo.org/privacy-policy/.


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DATA PROTECTION > CARSTEN ALBERTI E.K.
Below we inform you about the nature, scope and purpose of the collection, processing and use of personal data.
1. If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) DS-GMO Legal basis.
2. If the processing is necessary to fulfill a contract or to carry out pre-contractual measures, which are made at your request, then Art. 6 para. 1 sentence 1 lit. b) DS-GMO Legal basis.
3. If the processing is necessary to fulfill a legal obligation that we are subject to (eg statutory retention requirements), Art. 6 para. 1 sentence 1 lit. c) DS-GMO Legal basis.
4. If processing is necessary to protect the vital interests of the data subject or of another natural person, Art. 6 para. 1 sentence 1 lit. d) DS-GMO Legal basis.
5. If the processing is necessary to safeguard our or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not predominate in this regard, then Art. 6 para. 1 sentence 1 lit. f) DS-GVO Legal basis.
Without your consent, we generally do not pass on data to third parties. If this is the case, then the transfer takes place on the basis of the aforementioned legal basis, e.g. when passing on data to online payment providers for performance of a contract or by court order or for a legal obligation to disclose the data for the purpose of prosecution, security or enforcement of intellectual property rights.
The adoption of the basic European data protection regulation (DS-GVO) has created a uniform basis for data protection in Europe. Your data will therefore be processed primarily by companies for which DS-GVO applies. If the processing takes place through services of third parties outside the European Union or the European Economic Area, they must fulfill the special requirements of Art. 44 ff. DS-GVO. This means that the processing takes place on the basis of special guarantees, such as the official recognition by the EU Commission of a data protection level corresponding to the EU, or the observance of officially recognized special contractual obligations, the so-called “standard contractual clauses”. In US companies, submission to the so-called Privacy Shield, the EU-US data protection agreement, meets these requirements.
12. There is no storage of this data together with other personal data of you.
14. These data serve the purpose of the user-friendly, functional and safe delivery of our website to you with functions and contents as well as their optimization and statistical evaluation.
16. The legal basis for this is our legitimate interest in the processing of data according to Art. 6 para. 1 p. 1 lit. f) DS-GMO.
18. For security reasons, we store this data in server log files for the retention period of 30 days. After this period, they will be automatically deleted, unless we need their storage for evidence in attacks on the server infrastructure or other violations.
2. • Session cookies: We use so-called “cookies” to recognize multiple uses of an offer by the same user (for example, if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way serves to optimize our offers and to facilitate your access to our site. If you close the browser or log out, the session cookies will be deleted.
3. • Persistent cookies: These are automatically deleted after a specified period, which may vary depending on the cookie. In the security settings of your browser, you can delete the cookies at any time.
4. Third Party Cookies (Third Party Cookies): You can configure your browser setting to suit your preference. B. Reject the acceptance of third-party cookies or all cookies. However, we would like to point out that you may not be able to use all features of this website. Read more about these cookies in the respective third-party privacy policies.
5. The legal basis of this processing is Art. 6 para. 1 p. Lit. b) DS-GVO, if the cookies are used to initiate a contract, e.g. otherwise we have a legitimate interest in the effective functionality of the website, so that in the case of Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis.
6. Objection and Opt-Out: You can generally prevent the storage of cookies on your hard disk by selecting “Do not accept cookies” in your browser settings. However, this can result in a functional restriction of our offers. You may opt-out of third-party cookies for advertising purposes through this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/en / praferenzmanagement /) contradict.
1. When contacting us by telephone, your telephone number will be processed to process the contact request and its processing and temporarily stored or displayed in the RAM / cache of the telephone / display. The storage is made for reasons of liability and security in order to prove the call as well as for economic reasons to enable a recall. In case of unauthorized advertising calls, we block the phone numbers.
2. The legal basis for the processing of the telephone number is Art. 6 para. 1 sentence 1 lit. f) DS-GMO. If the contact is aimed at the conclusion of a contract, additional legal basis for the processing is Art. 6 para. 1 lit. b) DS-GMO.
3. The device cache saves the calls days and overwrites or deletes old data successively, when the device is disposed of, all data is deleted and the memory may be destroyed. Blocked phone numbers are checked annually for the need for blocking.
4. You can prevent the display of the telephone number by calling with the telephone number suppressed.
1. You can subscribe to our newsletter with your voluntary consent by entering your e-mail address. Only this is mandatory. The specification of further data is voluntary and serves only for the purpose of a personal address. We use the so-called “double opt-in procedure” for registration. After your registration with your e-mail, you will receive an e-mail from us confirming your registration with a link to the confirmation. If you click on this confirmation link, your e-mail will be included in the newsletter mailing list and saved for the purpose of sending e-mails. If you do not click on the confirmation link within 24 hours, your credentials will be blocked and automatically deleted after 10 days.
2. In addition, we log your IP address used during login as well as the date and time of the double opt-in (login and confirmation). The purpose of this storage is fulfillment of legal requirements regarding the proof of your registration as well as the prevention of misuse regarding your e-mail.
3. As part of your declaration of consent, the content (for example advertised products / services, offers, advertising and topics) of the newsletter will be described concretely.
6. When sending the newsletter, we evaluate your user behavior. The newsletters contain so-called “web beacons” or “tracking pixels”, which are called up when the newsletter is opened. For the evaluations, we link the web beacons with your e-mail address and an individual ID. Also in the newsletter received links contain this ID. The data are collected exclusively pseudonymised, so the IDs are not linked with your other personal data, a direct personal reference is excluded. With this data, we can determine if and when you have opened the newsletter and which links in the newsletter have been clicked. This serves the purpose of optimization and statistical evaluation of our newsletter.
7. We use the data obtained above to create a user profile to identify the reading habits and interests of our users and to customize the newsletter. If you have also acted on our website, we will also link this information to tailor our newsletter content to your interests.
8. Legal basis for the newsletter dispatch, success measurement and the storage of the e-mail is your consent acc. Art. 6 para. 1 sentence 1 lit. a) DS-GVO in conjunction with § 7 (2) No. 3 UWG and for the recording of consent Art. 6 (1) sentence 1 lit. f) DS-GVO, as this serves our legitimate interest of legal proof.
9. You can object to tracking at any time by clicking the unsubscribe link at the end of the newsletter. In this case, however, the newsletter reception would also be terminated. If you disable the display of images in your e-mail software, tracking is also not possible. However, this may have limitations in terms of the features of the newsletter, and included images will not be displayed.
10. You can revoke your consent to the sending of the newsletter at any time. You can exercise the cancellation by clicking on the unsubscribe link at the end of the newsletter, by e-mail or by sending an email to our above contact details. We save your data as long as you have subscribed to the newsletter. After logging off, your data will only be stored anonymously for statistical purposes.
1. We have integrated the website analytics tool “Google Analytics” (Google Ireland Limited, register no .: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.
3. When visiting our website Google places a cookie on your computer in order to be able to analyze the use of our website by you. The data obtained is transferred to the USA and stored there. If personal information should be transferred to the US, Google’s certification under the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US Framework) is a guarantee of compliance with European data protection law.
4. We have activated the IP anonymization “anonymizeIP”, which means that the IP addresses are only processed in shortened form. Google’s IP address on this website is therefore shortened beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the controller. In addition, we have activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google information. The use of Google Analytics is for the purpose of analyzing, optimizing and improving our website.
5. The legal basis for this is our legitimate interest in the processing of data according to Art. 6 para. 1 p. 1 lit. f) DS-GMO.
6. The data sent by us and linked with cookies, user IDs (eg user ID) or advertising IDs will be automatically deleted after 6 months. The deletion of data whose retention period has been reached is done automatically once a month.
9. As an alternative to the above browser plug-in, you can prevent the collection by Google Analytics by clicking [insert the Analytics Opt-Out link of your website]. The click will set an “opt-out” cookie, which will prevent the collection of your data when visiting this website in the future. This cookie is only valid for our website and your current browser and is only valid until you delete your cookies. In that case you would have to set the cookie again.
10. You can disable the cross-device user analysis in your Google Account under “My Data> Personal Information”.
1. We have included on our website YouTube videos from youtube.com using the embedded feature, so they can be accessed directly on our website. YouTube is owned by Google Ireland Limited, register no .: 368047, Gordon House, Barrow Street, Dublin 4, Ireland. We have integrated the videos into the so-called “extended privacy mode” without cookies being used to personalize the video playback. Instead, the video recommendations are based on the currently playing video. Videos played in enhanced privacy mode in an embedded player will not affect which videos are recommended to you on YouTube. At the start of a video (click on the video), YouTube will receive the information that you have accessed the corresponding subpage of our website , The data obtained is transferred to the USA and stored there. This is also done without a user account at Google. If you are logged in to your Google Account, Google may associate the above information with your account. If you do not want this, you will need to log out of your Google Account. Google creates user profiles from such data and uses this data for the purpose of advertising, market research or optimization of its websites.
2. The legal basis for this is our legitimate interest in the processing of data according to Art. 6 para. 1 p. 1 lit. f) DS-GMO.
6. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US Framework) and therefore required to comply with European data protection law.
1. We have incorporated on our website anti-spam feature “reCAPTCHA” from “Google” (Google Ireland Limited, register no .: 368047, Gordon House, Barrow Street, Dublin 4, Ireland). By using “reCAPTCHA” in our forms, we can determine if the input was made by a machine (robot) or a human. When using the service, your IP address and any other required data may be transmitted to Google servers in the United States.
2. The purpose of processing this data is to avoid spam and abuse as well as our economic interest in optimizing our website.
3. The legal basis for this is our legitimate interest in the processing of data according to Art. 6 para. 1 p. 1 lit. f) DS-GMO.
4. Google is certified under the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US Framework). This ensures that European data protection law is respected.
1. We have integrated maps from “Google Maps” (Google Ireland Limited, register no .: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. This will allow us to display the location of addresses and directions directly on our website in interactive maps and to enable you to use this tool.
2. When you visit our website, where Google Maps is integrated, you will be connected to Google’s servers in the United States. Here, your IP and location can be transferred to Google. In addition, Google receives the information that you have accessed the corresponding page. This is also done without a user account at Google. If you are logged in to your Google Account, Google may associate the above information with your account. If you do not want this, you will need to log out of your Google Account. Google creates user profiles from such data and uses this data for the purpose of advertising, market research or optimization of its websites.
7. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US framework) and therefore required to comply with European data protection law.
2. We process your information that you send to us through these networks in order to communicate with you and to respond to your messages there.
3. The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GMO. Insofar as you have given consent to the person responsible for the social network in the processing of your personal data, the legal basis is Art. 6 (1) sentence 1 lit. a) and Art. 7 DS-BER.
Objection or revocation against the processing of your dataIn as far as the processing is based on your consent in accordance with Art. 6 para. 1 p. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. The lawfulness of the processing on the basis of the consent until the revocation is not affected. As far as we have the processing of your personal data on the balance of interests in accordance with Art. 6 para. 1 p. 1 lit. f) support DS-GMO, you can object to the processing. This is the case if, in particular, the processing is not required to fulfill a contract with you, which we present in each case in the following description of the functions. In the event of any such disagreement, we ask you to explain the reasons why we should not process your personal data as we have done. In the case of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or point out to you our compelling legitimate reasons on which we continue the processing. You may object to the processing of your personal data for advertising and data analysis purposes at any time. The right to object can be exercised free of charge. You can inform us about your advertising conflict under the following contact details: Carsten Alberti e.K.
2. You have the right to ask us for confirmation of your personal data being processed. If this is the case, you have a right to information about your personal data stored by us according to Art. 15 DS-GVO. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data was or is being disclosed, the planned retention period, the source of their data, unless collected directly from you.
4. You have the right to correct incorrect or correct data according to Art. 16 DS-BER.
6. You have a right to deletion of your stored data according to Art. 17 DS-GVO, unless statutory or contractual retention periods or other statutory obligations or rights to further storage are contrary to this.
12. • if you have filed an objection against the processing pursuant to Art. 21 (1) DS-GVO and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
14. You have the right of data transferability according to Art. 20 DS-GVO, which means that you may receive the personal data stored about us in a structured, common and machine-readable format or you may request the transfer to another person responsible.
16. You have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your place of residence, your job or the location of the alleged infringement.
In order to protect all personally identifiable information transmitted to us and to ensure compliance with our privacy practices, as well as our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server encrypted over a secure SSL connection.

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There are practical considerations as well. An intervenor will normally have to litigate in the court and before the judge already assigned, while an amicus will retain the ability to file suit in another jurisdiction or hope for assignment of a different judge. An amicus will be affected by the decision but not legally bound; an amicus is not master of the case and cannot control the evidence or arguments. An amicus often is not permitted to argue at oral arguments or is dependent on a grant of time by the party on whose side the amicus appears.
 Federal Rule of Civil Procedure 19 has been amended to change the term “necessary” to “required” and to eliminate the term “indispensable” entirely. Fed. R. Civ. P. 19, construed in Republic of Philippines v. Pimentel, 553 U.S. 851, 128 S.Ct. 2180, 2188-89, 171 L.Ed.2d 131 (2008) (“use of ‘indispensable’ in Rule 19 created the ‘verbal anomaly’ of an ‘indispensable person who turns out to be dispensable after all.’ Though the text has changed, the new Rule 19 has the same design and, to some extent, the same tension. Required persons may turn out not to be required for the action to proceed after all.”), quoting Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 117 n.12, 88 S.Ct. 733, 741 n.12, 19 L.Ed.2d 936 (1968). The term “indispensable” expresses the conclusion of analysis, not the beginning, as a party cannot properly be described as indispensable until the court has concluded that the action should be dismissed in the absence of that party.
 Restatement (2d) of Judgments §34(1) (“A person who is named as a party to an action and subjected to the jurisdiction of the court is a party to the action”).
 Stryker v. Crane, 123 U.S. 527, 540, 8 S.Ct. 203, 209, 31 L.Ed. 194, 199 (1887); Munoz v. County of Imperial, 667 F.2d 811, 816 (9th Cir.), cert. denied, 459 U.S. 825, 103 S.Ct. 58, 74 L.Ed.2d 62 (1982) (“filing of an amicus brief has never been enough to bind a nonparty to the result of a proceeding”); see Garcia, A Democratic Theory of Amicus Advocacy, 35 Fla. St. L. Rev. 315 (2008); Lowman, The Litigating Amicus Curiae: When Does the Party Begin After the Friends Leave?, 41 Am. U.L. Rev. 1243 (1992).
 Connerly v. State Personnel Board, 37 Cal.4th 1169, 39 Cal.Rptr.3d 788, 129 P.3d 1 (2006); Choudhry v. Free, 17 Cal.3d 660, 662, 669, 131 Cal.Rptr. 654, 552 P.2d 438 (1976). In limited circumstances, if the intervention was not “frivolous, unreasonable, or without foundation,” an “innocent intervenor” may avoid liability for the fee award. Independent Fed’n of Flight Attendants v. Zipes, 491 U.S. 754, 109 S.Ct. 2732, 2739, 105 L.Ed.2d 639 (1989); see Costco Wholesale Corp. v. Hoen, 538 F.3d 1128 (9th Cir.2008); Sable Communications of California Inc. v. Pacific Tel. & Tel. Co., 890 F.2d 184 (9th Cir.1989).


During the prosecution of software patent applications, the two most common rejections are patent eligibility rejections under 35 U.S.C. § 101 and indefiniteness rejections under 35 U.S.C. § 112(b), including indefiniteness rejections based on claim language that triggers a means-plus-function interpretation under 35 U.S.C. § 112(f). Often these patent eligibility and indefiniteness rejections are found in the same Office Action. This is not surprising given that these rejections appear to be rooted in the functional language of software patent claims.
In the past, these rejections could be easily overcome by simply amending the claims to link the functional language to general structures described in boilerplate language at the end of the specification. In view of Alice Corporation v. CLS Bank International, 134 S. Ct. 2347 (2014), such a strategy is less effective during patent prosecution; and even if it is effective, the issued patent may not be able to withstand an attack in post-grant patent proceedings or in litigation. Also, claim elements may be interpreted under 35 U.S.C. § 112(f) when the applicant or patentee may never have intended such an interpretation, which could lead to indefiniteness issues because the specification does not clearly disclose structures corresponding to functions recited in the claims. See, e.g., Robert Bosch, LLC v. Snap-On, Inc., 769 F.3d 1094 (Fed. Cir. 2014).
Include an independent claim having one or more elements that would trigger an interpretation under 35 U.S.C. § 112(f).
In the specification, describe specific structures and algorithms corresponding to the function of the means-plus-function claim elements. Describe as many specific structures and algorithms as possible to potentially increase the scope of the means-plus-function elements.
Include at least another independent claim that does not have language triggering an interpretation under 35 U.S.C. § 112(f). Specifically, avoid non?structural terms such as “device”, “unit”, “module”, “element”, “configured to”, and “so that”.
In the specification, describe the software functions in terms of the specific structures that perform the functions (e.g., servers) or the specific structures that relate to those functions (e.g., a display). Do not simply add a “boilerplate” figure showing general structures and a corresponding boilerplate description.
Describe other “physical” applications or environments of the software and include relevant structures in the claims. For example, describe and claim a user’s or machine’s interactions with the software.
Following this approach in drafting the specification and claims should increase the likelihood that (1) an Applicant can avoid patent eligibility and indefiniteness rejections and (2) withstand an attack in post-grant patent proceedings or in litigation.