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The Supreme Court heard oral argument in Global Tech v. SEB this past week. You can listen to the oral argument here: [Listen].
The Federal Circuit decision is available here: [Read].
One of the interesting cases that might be appealed to the Federal Circuit soon is Specialty House of Creation, Inc. v. Quapaw Tribe of Oklahoma, 10-CV-371-GKF-TLW (N. D. Okla. Jan. 27, 2011). The case concerns whether an American Indian tribe can be sued for patent infringement if it has not consented to be sued. The judge in the Quapaw case ruled in favor of the tribe and its assertion of lack of subject matter jurisdiction.
The district court cited an earlier district court case concerning patent infringement, Home Bingo Network v. Multimedia Games, Inc., 2005 WL 2098056 (N.D.N.Y. Aug. 30, 2005), and a second circuit copyright case Bassett v. Mashantucket Pequot Tribe, 204 F.3d 343, 357-58 (2nd Cir. 2000).
Interestingly, the district court cited Kiowa Tribe of Okla. v. Manufacturing Tech., Inc., 523 U.S. 751, 754 (1998) for the proposition that “[a]s a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.” Id. The oral argument at the Supreme Court was argued by Federal Circuit nominee Edward DuMont. You can listen to that oral argument here: [Listen][Read].
Sovereign immunity from patent infringement is an economically powerful asset. As Indian nations seek to provide good jobs for their tribe members, it will be interesting to see if any attempt is made to rely on this asset and how it might be done.
You can read the Quapaw decision here: [Read].
The Senate Judiciary Committee conducted the confirmation hearing for Mr. Jimmie V. Reyna this past week. You can watch the video of the hearing below. Mr. Reyna is introduced at about the 30:30 minute mark along with other nominees. The questioning of Mr. Reyna begins at about the 52 minute mark.
Mr. Reyna is a specialist in international trade issues. Given this focus, he was asked specifically whether he would also be able to adjudicate whistle blower cases (the Federal Circuit has jurisdiction over federal whistle blower cases and has heard 219 cases in its history ruling only 3 times in favor of the whistle blower according to Senator Grassley).
Mr. Reyna was not asked any questions about patent law during the hearing.
The Honorable Paul Michel, former Chief Judge of the Federal Circuit, testified before the House Subcommittee on Intellectual Property last Friday. You can watch the video of the hearing below. Chief Judge Michel makes his opening statement at about the 34 minute mark of the video with subsequent questioning by the subcommittee members.
The House Subcommittee on Intellectual Property, Competition, and the Internet will hold a hearing this Friday on “Crossing the Finish Line on Patent Reform – What Can and Should be Done.” I was pleased to see that the Honorable Paul Michel, former Chief Judge of the US Court of Appeals for the Federal Circuit will be testifying. David Simon, the Chief Patent Counsel for Intel, and Carl Horton, the Chief Intellectual Property Counsel for General Electric, will also be testifying.
The committee hearing is scheduled for 10:30 AM Eastern time/8:30 AM Mountain time. More information is available at this link: [LINK].
In a recent non-patent case at the Federal Circuit that concerned the interpretation of government agency regulations, Chattler v. U.S., 2010-1066 (Fed. Cir. Jan. 10, 2011), Judge Dyk had some pointed words for the Department of Justice [Listen]. In the end, however, the majority including Judge Dyk ruled in favor of the United States.
200*200 HARPER, for the Plaintiff.
E.I. LEE, and P.B. KEY, contra.
202*202 The question certified to this Court, by the Circuit Court for the district of Virginia, and upon which the opinion of this Court is required, is, whether, after the expiration of the original patent granted to Oliver Evans, a general right to use his discovery was not so vested in the public as to require and justify such a construction of the act passed in January, 1808, entitled “an act for the relief of Oliver Evans” as to exempt from either treble or single damages, the use, subsequent to the passage of the said act, of the machinery therein mentioned, which was erected subsequent to the expiration of the original patent and previous to the passage of the said act.
The act, upon the construction of which the judges of the Circuit Court, were opposed in opinion, directs a patent to be granted, in the form prescribed by law, to Oliver Evans for 14 years, for the full and exclusive right of making, constructing, using, and vending to be used, his invention, discovery and improvements in the art of manufacturing flour and meal, and in the several machines which he has discovered, invented, improved, and applied to that purpose.
The language of this last proviso is so precise, and so entirely free from all ambiguity, that it is difficult for any course of reasoning to shed light upon its meaning. It protects against any claim for damages which Evans might make, those who may have used his improvements, or who may have erected them for use, prior to the issuing of his patent under this law. The protection is limited to acts done prior to another act thereafter to be performed, to wit, the issuing of the patent. To extend it, by construction to acts which might be done subsequent to the issuing of the patent, would be to make, not to interpret the law.
The PTO’s proposed new rules for Track I Expedited Examination were published in the Federal Register today. You can view them here: [Link].
Comments are due by March 7, 2011.
You are currently browsing the 717 Madison Place blog archives for February, 2011.

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Martin, W.F. D.A. Bryant, J.T. Beatty (2018). A physiological perspective on the origin and evolution of photosynthesis. FEMS Microbiol Rev 42:205-231.
Jun, H. Singh, A. Mahmoudzadeh, F. Duong, J.D.W. Madden, J.T. Beatty (2018). In vivo assembly of a truncated H subunit mutant of the Rhodobacter sphaeroides photosynthetic reaction centre and direct electron transfer from the QA quinone to an electrode. Photosynth Res 137:227–239 PMID: 29524035.
AB Westbye, L Kater, C Wiesmann, H Ding, CK Yip and JT Beatty (2018). The protease ClpXP and the PAS-domain protein DivL regulate CtrA and gene transfer agent production in Rhodobacter capsulatus. Appl Environ Microbiol 84: e00275-18.
D. Jun, V. Huang, and JT Beatty (2017). Heterologous production of the photosynthetic reaction center and light harvesting 1 complexes of the thermophile Thermochromatium tepidum in the mesophile Rhodobacter sphaeroides and thermal stability of a hybrid core complex. Appl. Environ. Microbiol. 83: e01481-17.
Westbye, AB, JT Beatty, and AS Lang (2017). Guaranteeing a captive audience: coordinated regulation of gene transfer agent (GTA) production and recipient capability by cellular regulators. Curr Opin Microbiol 38:122-129.
Westbye, AB, ZR O’Neill, TR Schellenberg-Beaver, and JT Beatty (2017). Rhodobacter capsulatus gene transfer agent induction by nutrient depletion and the RNAP omega subunit. Microbiology 163:1355-136.
Lang, AS, AB Westbye, and JT Beatty (2017). The distribution, evolution, and roles of gene transfer agents (GTAs) in prokaryotic genetic exchange. Annu Rev Virology 4:87–104.
Takshi, A, H Yaghoubi, J Wang, D Jun, JT Beatty (2017). Electrochemical field-effect transistor utilization to study the coupling success rate of photosynthetic protein complexes to cytochrome c. Biosensors 7(2), 16; PMID: 28358305.
Yaghoubi, H, M Schaefer, S Yaghoubi, D Jun, R Schlaf, JT Beatty, A Takshi (2017). A ZnO nanowire bio-hybrid solar cell. Nanotechnology 28: PMID: 28029108.
Pan J, Saer RG, Lin S, Guo Z, Beatty JT, and NW Woodbury (2016). Electron transfer in bacterial reaction centers with the photoactive bacteriopheophytin replaced by a bacteriochlorophyll through coordinating ligand substitution. Biochemistry 55:4909−4918 PMID: 27478991.
Jankowiak, R, O Rancova, J Chen, A Kell, RG Saer, JT Beatty, and D Abramavicius (2016). Mutation-induced changes in the protein environment and site energies in the (M)L214G mutant of the Rhodobacter sphaeroides bacterial reaction center. J Phys Chem B, 120:7859-7871; PMID: 27458891 DOI: 10.1021/acs.jpcb.6b06151.
Kuchinski K, CA Brimacombe, AB Westbye, H Ding , JT Beatty (2016). The SOS response master regulator LexA regulates the gene transfer agent of Rhodobacter capsulatus and represses transcription of the signal transduction protein CckA. J Bacteriol. 2016 Feb 1. pii: JB.00839-15. [Epub ahead of print].
Westbye, AB, K Kuchinski, CK Yip, JT Beatty (2016). The gene transfer agent RcGTA contains head spikes needed for binding to the Rhodobacter capsulatus polysaccharide cell capsule. J Molec Biol 428(2 Pt B):477-91. doi: 10.1016/j.jmb.2015.12.010. Epub 2015 Dec 19.
Dutta PK, Lin S, Loskutov A, Levenberg S, Jun D, Saer R, Beatty JT, Liu Y, Yan H, Woodbury NW. (2014). Reengineering the optical absorption cross-section of photosynthetic reaction centers. J Am Chem Soc. 4599-604 dx.doi.org/10.1021/ja411843k |.
Ding H, Moksa MM, Hirst M, Beatty JT (2014). Draft Genome Sequences of Six Rhodobacter capsulatus Strains, YW1, YW2, B6, Y262, R121, and DE442. Genome Announc. 2. pii: e00050-14. doi: 10.1128/genomeA.00050-14.
Fixen, K. R., A. W. Baker, E. A. Stojković, J. T. Beatty, and C. S. Harwood (2014). Apo-bacteriophytochromes modulate bacterial photosynthesis in response to low light. Proc. Natl. Acad. Sci. USA 111:E237-44. doi: 10.1073/pnas.1322410111.
Jun, D., Saer, R.G., Madden, J.D., and J.T. Beatty (2014). Use of new strains of Rhodobacter sphaeroides and a modified simple culture medium to increase yield and facilitate purification of the reaction centre. Photosynth Res 120:197-205.
Westbye, A.B., Leung, M.M., Florizone, S., Taylor, T.A., Johnson, J.A., Fogg P.C., Beatty, J.T. (2013). Phosphate concentration and the putative sensor kinase protein CckA modulate cell lysis and release of the Rhodobacter capsulatus gene transfer agent. J Bacteriol 195:5025-5040.
Pan J, Saer RG, Lin S, Guo Z, Beatty JT, and NW Woodbury (2013). The protein environment of the bacteriopheophytin anion modulates charge separation and charge recombination in bacterial reaction centers. J Phys Chem B. 117:7179–7189.
Brimacombe CA, Stevens A, Jun D, Mercer R, Lang AS, and JT Beatty. (2013) Quorum-sensing regulation of a capsular polysaccharide receptor for the Rhodobacter capsulatus gene transfer agent (RcGTA). Mol Microbiol. 87:802-817.
Saer, RG, A. Hardjasa, F.I. Rosell, A.G. Mauk, M.E. Murphy, J.T. Beatty (2013). Role of Rhodobacter sphaeroides photosynthetic reaction center residue M214 in the composition, absorbance properties, and conformations of HA and BA cofactors. Biochemistry 52:2206-2217.
Vasilev, Cvetelin, Amanda A. Brindley, John D. Olsen, Rafael G. Saer, J. T. Beatty, and C. N. Hunter (2013). Nano-mechanical mapping of the interactions between surface-bound RC-LH1-PufX core complexes and cytochrome c2 attached to an AFM probe. Photosynth. Res. Published online 29 Mar.
Lang, A.S., O. Zhaxybayeva, and J.T. Beatty (2012). Prokaryotic gene transfer agents. Nature Rev. Microbiol. 10:472-482.
Fogg, P.C.M., A. B. Westbye, and J.T. Beatty (2012). One for all or all for one: Heterogeneous expression and host cell lysis are key to gene transfer agent activity in Rhodobacter capsulatus. PLoS One, 7(8): e43772. doi:10.1371/journal.pone.0043772.
Mercer, R.G., M. Quinlan, A.R. Rose, S. Noll, J.T.Beatty and A.S. Lang (2012). Regulatory systems controlling motility and gene transfer agent production and release in Rhodobacter capsulatus. FEMS Microbiol Lett 331:53-62.
Zheng, Q., R. Zhang P.C.M. Fogg, J.T. Beatty and N. Jiao (2012). Gain and loss of phototrophic genes revealed by comparison of two Citromicrobium bacterial genomes. PLoS One 7(4): e35790. doi:10.1371/journal.pone.0035790.
Leung, M.M., C.A. Brimacombe, G. B. Spiegelman and J.T. Beatty (2012).The GtaR protein negatively regulates transcription of the gtaRI operon and modulates gene transfer agent (RcGTA) expression in Rhodobacter capsulatus. Molec. Microbiol. 83:759-774.
Fogg, P.C.M, A.P. Hynes, E. Digby; A.S. Lang; J.T. Beatty (2011). Characterization of a newly discovered Mu-like bacteriophage, RcapMu, in Rhodobacter capsulatus strain SB1003. Virology 421: 211–221.
Halsey,C.M, J. Xiong, O.O. Oshokoya, J.A. Johnson, S. Shinde, J.T. Beatty, G. Ghirlanda, R.D. JiJi, and J.W. Cooley (2011). Simultaneous observation of peptide backbone lipid solvation and a-helical structure by deep-UV resonance Raman spectroscopy. ChemBioChem 12:2125-2128.
Jaschke, P.R., A. Hardjasa, E.L. Digby, C.N. Hunter and J.T. Beatty. (2011) A BchD (Mg-chelatase) mutant of Rhodobacter sphaeroides synthesizes zinc-bacteriochlorophyll through novel zinc-containing intermediates. J. Biol. Chem. 286: 20313–20322.
Mahmoudzadeh, A. , R. Saer, D. Jun, S.M. Mirvakili, A. Takshi, B. Iranpour, J.D.W. Madden and J.T. Beatty (2011). Direct electron transfer in photosynthetic reaction center-based photovoltaic devices. Smart Material Struct. 20:094019.
Jaschke, P.R., R.G. Saer, S. Noll and J.T. Beatty (2011). Modification of the genome of Rhodobacter sphaeroides and construction of synthetic operons. Meth. Enzymol. 497:519-538.
Shelswell, K. and J.T. Beatty (2011). Coordinated, long-range, solid-substrate movement of the purple photosynthetic bacterium Rhodobacter capsulatus. PLoS ONE 6:e19646.
Takshi, A., J.D.W. Madden, A. Mahmoudzadeh, R. Saer and J.T. Beatty (2010). A photovoltaic device using an electrolyte containing photosynthetic reaction centers. Energies 3:1721-1727.
Mercer, R.G., S.J. Callister, M.S. Lipton, L. Pasa-Tolic, H. Strnad, V. Paces, J.T Beatty and A.S. Lang (2010). Loss of the response regulator CtrA causes pleiotropic effects on gene expression in Rhodobacter capsulatus but does not affect growth phase regulation. J. Bacteriol. 192: 2701-2710.
Lang, A.S., C. Harwood, and J.T. Beatty (2010). Evolutionary relationships among antenna proteins of purple phototrophic bacteria. In "Functional genomics and evolution of photosynthetic systems"; Burnap, R. and Vermaas, W. (eds), Springer, in press.
Leung, M.M., S.M. Florizone, T.A. Taylor, A.S. Lang and J.T. Beatty (2010). The gene transfer agent of Rhodobacter capsulatus. In "Recent Advances in Phototrophic Prokaryotes"; P.C. Hallenbeck (ed), Springer.
Lang, A.S. and J.T. Beatty (2010). Gene transfer agents and defective bacteriophages as sources of extracellular prokaryotic DNA. In "Extracellular Nucleic Acids"; Y. Kikuchi and E. Rykova (eds), Springer.
Li, M., S. Noll and J.T. Beatty (2010). Bacteriophytochrome-dependent regulation of light-harvesting complexes in Rhodopseudomonas palustris anaerobic cultures. Curr. Microbiol. 61: 429-434.
Lin, S., P.R. Jaschke, H. Wang, M. Paddock, A. Tufts, J.P. Allen, F.I. Rosell, G.A. Mauk, M. Okamura, N.W. Woodbury, and J.T. Beatty (2009). Electron transfer in the Rhodobacter sphaeroides reaction center assembled with zinc bacteriochlorophyll. Proc. Natl. Acad. Sci. USA. 106:8537-8542.
Jaschke, P.R., I. Drake and J.T. Beatty (2009). Modification of a French pressure cell to improve microbial cell disruption. Photosynth. Res. 102:95-97.
Takshi, A., J.D. Madden and J.T. Beatty (2009). Diffusion model for charge transfer from a photosynthetic reaction center to an electrode in a photovoltaic device. Electrochim. Acta 54:3806-3811.
Oda, Y., F.W. Larimer, P.S.G. Chain, S. Malfatti, M.V. Shin, L.M. Vergez, L.Hauser, M.L. Land, S. Braatsch, J.T. Beatty, D.A. Pelletier, A.L. Schaefer and C.S. Harwood (2008). Multiple genome sequences reveal adaptations of a phototrophic bacterium to sediment microenvironments. Proc. Natl. Acad. Sci. USA 105:18543–18548.
Rathgeber, C., M. Lince, J. Alric, A.S. Lang, E. Humphrey, R.E. Blankenship, A. Verméglio, F.G. Plumley, C.L. Van Dover, J.T. Beatty, and V. Yurkov (2008). Vertical distribution and characterization of aerobic phototrophic bacteria at the Juan de Fuca Ridge in the Pacific Ocean. Photosynth. Res. 97:235-244.
Jaschke, P. R., and J. T. Beatty (2007). The photosystem of Rhodobacter sphaeroides assembles with zinc-bacteriochlorophyll in a bchD (magnesium-chelatase) mutant. Biochemistry, 46:12491-12500.
Jaschke, P. R., H. N. LeBlanc, A. S. Lang, and J. T. Beatty (2007). The PucC protein of Rhodobacter capsulatus mitigates an inhibitory effect of light-harvesting 2 a and b proteins on light-harvesting complex 1. Photosynth. Res. 95:279-284.
Rathgeber, C., N. Yurkova, E. Stackebrandt, P. Schumann, E. Humphrey, J.T. Beatty, and V. Yurkov (2007). Porphyrobacter meromictus sp. nov., an appendaged bacterium that produces bacteriochlorophyll a. Curr Microbiol. 55:356-361.
Braatsch, S., J.A. Johnson, K. Noll, and J.T. Beatty (2007). The O2-responsive repressor PpsR2 but not PpsR1 transduces a light signal sensed by the BphP1 phytochrome in Rhodopseudomonas palustris CGA009. FEMS Microbiol. Lett. 272:60-64.
Lang, A.S., and J.T. Beatty (2007). Importance of widespread gene transfer agent genes in the a-proteobacteria. Trends Microbiol. 15:54-62.
Swingley, W.D, G. Sumedha, S.D. Mastrian, H.J.. Matthies, Ji. Hao, H. Ramos, C.R. Acharya, A.L. Conrad, H.L. Taylor, L.C. Dejesa, M.K. Shah, M.E. O’Huallachain, M.T. Lince, R.E. Blankenship, J.T. Beatty, and J.W. Touchman (2007). The complete genome sequence of Roseobacter denitrificans reveals a mixotrophic as opposed to photosynthetic metabolism. J. Bacteriol. 189:683-690.
Rathgeber, C., N. Yurkova, E. Stackebrandt, E. Humphrey, J.T. Beatty, and V. Yurkov (2006). Metalloid reducing bacteria isolated from deep ocean hydrothermal vents of the Juan de Fuca Ridge, Pseudoalteromonas telluritireducens sp. nov. and Pseudoalteromonas spiralis sp. nov. Current Microbiol. 53:449-456.
Aklujkar, M., R.C. Prince, and J.T. Beatty (2006). The photosynthetic deficiency due to puhC gene deletion in Rhodobacter capsulatus suggests a PuhC protein-dependent process of RC/LH1/PufX complex reorganization. Arch. Biochem. Biophys. 454:59-71.
Braatsch, S., J. Bernstein, F. Lessner, J. Morgan, J. Liao, C. Harwood, and J.T. Beatty (2006). Rhodopseudomonas palustris CGA009 has two functional ppsR genes that each encodes a repressor of photosynthesis gene expression. Biochemistry 45:14441-14451.
VerBerkmoes, N. C., M. B. Shah, P. K. Lankford, D. A. Pelletier, M. B. Strader, D. L., Tabb, W. H. McDonald, J. W. Barton, G. B. Hurst, L. Hauser, B . H. Davison, J. T. Beatty, C. S. Harwood, F. R. Tabita, R. L. Hettich, and F. W. Larimer (2006). Determination and comparison of the baseline proteomes of the versatile microbe Rhodopseudomonas palustris under its major metabolic states. J. Proteome Res. 5:287-298.
Aklujkar, M., and J.T. Beatty (2006). Investigation of Rhodobacter capsulatus PufX interactions in the core complex of the photosynthetic apparatus. Photosynth. Res. 88:159-171.
Beatty, J.T. (2006). On the natural selection and evolution of the aerobic phototrophic bacteria. In “Discoveries in Photosynthesis”; Govindjee, J.T. Beatty, H. Gest, and J.F. Allen (eds.), Springer Publishers.
Gest, H., Beatty, J.T., J.F. Allen, and Govindjee (2006). The encyclopedia of photosynthesis research. In “Discoveries in Photosynthesis”; Govindjee, H. Gest, J.T. Beatty, and J.F. Allen (eds.), Springer Publishers.
Beatty, J.T., Overmann, J., Lince, M.T., Manske, A.K., Lang, A.S., Blankenship, R.E., Van Dover, C.L., Martinson, T.A., and G.F. Plumley (2005). An obligately photosynthetic bacterial anaerobe from a deep-sea hydrothermal vent. Proc. Natl. Acad. Sci. USA 102: 9306-9310.
Aklujkar, M., and J.T. Beatty (2005). The PufX protein of Rhodobacter capsulatus affects the properties of bacteriochlorophyll a and carotenoid pigments of light-harvesting complex 1. Arch Biochem. Biophys. 443:21-32.
Tuschak, C., M.M. Leung, J.T. Beatty, and J. Overmann (2005). The puf operon of the purple sulfur bacterium Amoebobacter purpureus: structure, transcription and phylogenetic analysis. Arch. Microbiol. 183:431–443.
Abresch, E.C., H.L.A. Axelrod, J.T. Beatty, J.A. Johnson, R. Nechushtai, and M.L. Paddock (2005). Characterization of a highly purified, fully active, crystallizable RC-LH1-PufX core complex from Rhodobacter sphaeroides. Photosyn. Res. 86:61–70.
Shelswell, K.J, T.A. Taylor, and J.T. Beatty (2005). Photoresponsive flagellum-independent motility of the purple phototrophic bacterium Rhodobacter capsulatus. J. Bacteriol. 187:5040-5043.
Aklujkar, M., R.C. Prince, and J.T. Beatty (2005). The puhE gene of Rhodobacter capsulatus is needed for optimal transition from aerobic to photosynthetic growth and encodes a putative negative modulator of bacteriochlorophyll production. Arch. Biochem. Biophys 437:186-198.
Rathgeber, C., N. Yurkova, E. Stackebrandt, P. Schumann, J.T. Beatty, and V. Yurkov (2005). Roseicyclus mahoneyensis gen. nov., sp nov., an aerobic phototrophic bacterium isolated from a meromictic lake. Int. J. Syst. Evol. Biol. 55:1597-1603.
Aklujkar, M., R.C. Prince, and J.T. Beatty (2005). The PuhB protein of Rhodobacter capsulatus functions in photosynthetic reaction center assembly with a secondary effect on light-harvesting complex 1. J. Bacteriol. 182:5440-5447.
Rathgeber, C., Beatty, J.T., and V. Yurkov (2004). Aerobic phototrophic bacteria: new evidence for the diversity, ecological importance and applied potential of this previously overlooked group. Photosyn. Res. 81:113–128.
Tuschak, C., Beatty, J.T., and J. Overmann (2004). Photosynthesis genes and LH1 proteins of Roseospirillum parvum 930I, a purple non-sulfur bacterium with unusual spectral properties. Photosyn. Res. 81:181 - 199.
Larimer, F., P. Chain, L. Hauser, J. Lamerdin, S. Malfatti, L. Do, M.L. Land, D.A. Pelletier, J.T. Beatty, A.S. Lang, F. R. Tabita, J.L. Gibson, T.E. Hanson, C. Bobst, J. Torres y Torres, C. Peres, F. Harrison, J. Gibson, and C. S. Harwood (2004). Complete genome sequence of the metabolically versatile phototrophic bacterium Rhodopseudomonas palustris. Nature Biotechnol. 22:55-61.
Tehrani, A., and J.T. Beatty (2004). Effects of precise deletions in Rhodobacter sphaeroides reaction center genes on steady-state levels of reaction center proteins: A revised model for reaction center assembly. Photosyn. Res. 79:101-108.
Abresch, E.C., Axelrod, H.L.A., Beatty, J.T., Johnson, J.A., Okamura, M.Y., Feher, G., and R. Nechustai (2004) Isolation and characterization of an active RCLH1 complex from Rhodobacter sphaeroides. Biophys. J. .86:146a.

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A.(1) It shall be a violation of this Chapter for a manufacturer, a distributor, a wholesaler, distributor branch or factory branch, or officer, agent or other representative thereof to fail to adequately and fairly compensate its dealers for labor, parts, and other expenses incurred by such dealer to perform under and comply with a manufacturer's or a distributor's warranty agreement.
(2) In no event shall any manufacturer or distributor pay its dealers at a price or rate for warranty work that is less than that charged by the dealer to the retail customers of the dealer for nonwarranty work of like kind.
(3) Warranty work includes parts and labor performed.
(4) All claims made by the dealer for compensation under this Subsection shall be paid within thirty days after approval and shall be approved or disapproved within thirty days after receipt. When any claim is disapproved, the dealer shall be notified in writing of the grounds for disapproval.
(5) The obligations in this Subsection as they relate to recreational products may be modified by contract.
B.(1) Notwithstanding the terms of any franchise agreement, warranty, and sales incentive, audits of dealer records may be conducted by the manufacturer, distributor, distributor branch, or factory branch. Any audit for warranty parts or service compensation shall be for the twelve-month period immediately following the date of the payment of the claim by the manufacturer or distributor. However, a dealer shall not be held liable by virtue of an audit for failure to retain parts for a period in excess of six months. Any audit for sales incentives, service incentives, rebates, or other forms of incentive compensation shall only be for the twelve-month period immediately following the date of the final payment to the dealer under a promotion, event, program, or activity. In no event shall the manufacturer, distributor, distributor branch, or factory branch fail to allow the dealer to make corrections to the sales data in less than one hundred twenty days from the program period. Additionally, no penalty other than amounts advanced on a vehicle reported incorrectly shall be due in connection with the audit. With respect to vehicles sold during the time period subject to the audit, but submitted incorrectly to the manufacturer, distributor, or wholesale distributor branch or factory branch, the dealer shall be charged back for the amount reported incorrectly and credited with the amount due, if anything, on the actual sale date.
(a) The claim was false or fraudulent.
(b) The repairs were not properly made.
(c) The repairs were unnecessary to correct the defective condition under generally accepted standards of workmanship.
(d) The dealer failed to reasonably substantiate the repair in accordance with reasonable written requirements of the manufacturer or distributor, if the dealer was notified of the requirements prior to the time the claim arose and if the requirements were in effect at the time the claim arose.
(3) A manufacturer or distributor shall not deny a claim solely based on a dealer's incidental failure to comply with a specific claim processing requirement, or a clerical error, or other administrative technicality.
(4)(a) A dealer shall not be charged back on a claim when a dealer performs a repair covered by the manufacturer's or distributor's warranty, and the dealer reasonably demonstrates that the repair resolved the condition which the customer presented for resolution, and the dealer documents what has been repaired and the process utilized to accomplish the repair.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to recreational products dealers.
(5) Limitations on warranty parts or service compensation, sales incentive audits, rebates, or other forms of incentive compensation, chargebacks for warranty parts or service compensation, and service incentives and chargebacks for sales compensation only shall not be effective in the case of intentionally false or fraudulent claims.
(6) It shall be deemed an unfair act pursuant to this Chapter to audit a dealer more frequently than two sales-related and two service-related audits in a twelve-month period. Nothing in this Subsection shall limit a manufacturer's or distributor's ability to perform routine claim reviews in the normal course of business.
(7) No claim may be rejected as late if it has been submitted within sixty days of the date the repair order was written.
(8) The dealer shall not be charged back for any rebate paid to a consumer pursuant to a manufacturer's rebate program, provided the dealer acted in good faith when relying on the consumer's qualifying information and otherwise complied with the program guidelines and documentation requirements. A manufacturer's rebate program shall include but not be limited to a rebate program that targets college graduates, military personnel, first-time buyers, owner loyalty, family relationships, and any other similar program.
C. The provisions of this Section shall not apply to a dealer, manufacturer, distributor, wholesaler, distributor branch, or factory branch of marine products, motorcycles or all-terrain vehicles, or recreational vehicles, or any officer, agent, or other representative thereof.
Acts 2005, No. 500, §1, eff. July 12, 2005; Acts 2008, No. 233, §1; Acts 2009, No. 403, §1, eff. July 7, 2009; Acts 2010, No. 1036, §1; Acts 2011, No. 89, §1; Acts 2012, No. 326, §1; Acts 2013, No. 61, §1.

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The Complainants are Calvin Klein Trademark Trust & Calvin Klein, Inc. (collectively, the Complainant) of New York, New York, United States of America (the “United States”), represented by Kestenberg Siegal Lipkus LLP, Canada.
The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States / Carolina Rodrigues, Fundacion Comercio Electronico of Panama City, Panama.
The disputed domain name <calivnklein.com> is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 18, 2018. On December 18, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 21, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on December 21, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on December 22, 2018.
The Center appointed James Bridgeman as the sole panelist in this matter on January 22, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Complainant has a long established worldwide reputation in the production, sale and licensing of men’s and women’s apparel, fragrances, accessories, and footwear using the CALVIN KLEIN mark.
United States Trademark CALVIN KLEIN, registration number 1,086,041, registered on February 21, 1978.
The Complainant has an established Internet presence which it has established through the registration and use of a number of Internet domain name registrations which wholly incorporate the Complainant’s CALVIN KLEIN marks, including: <calvinklein.com>, <calvinkleinbags.com>, <calvinkleinunderwear.com>, and <calvinkleinfashion.com>.
In the absence of any Response, there is no information available about the Respondent except for what has been provided in the Complaint and the Registrar’s response to the enquiry from the Center requesting information about the registrant.
The Respondent has been the unsuccessful defendant in numerous cases under the Policy including the following: The Commissioners for HM Revenue and Customs v. Domains By Proxy, LLC DomainsByProxy.com/ Carolina Rodrigues, Fundacion Comercio Electronico, WIPO Case No. D2018-2348; The British United Provident Association Limited v. Registration Private, Domains By Proxy, LLC / Carolina Rodrigues, Fundacion Comercio Electronico, WIPO Case No. D2018-1755; The Terminix International Company Limited Partnership v. Registration Private / Carolina Rodrigues, Fundacion Comercio Electronico, WIPO Case No. D2018-2112; ZB, N.A. v. Domains By Proxy, LLC / Carolina Rodrigues, Fundacion Comercio Electronico. WIPO Case No. D2018-1959; Philip Morris USA Inc. v. Registration Private, Domains By Proxy, LLC / Carolina Rodrigues, Fundacion Comercio Electronico, WIPO Case No. D2018-1616; The British United Provident Association Limited (“Bupa”) v. Registration Private, Domains By Proxy, LLC, DomainsByProxy.com / Carolina Rodrigues, Fundacion Comercio Electronico, WIPO Case No. D2018-1117; SAP SE v. Domains by Proxy LLC / Carolina Rodrigues, Fundacion Comercio Electronico, WIPO Case No. D2018-1090.
The Respondent may also have been the respondent in Serco Group Plc v. Administrator Dom, Muscari Holding Limited / Carolina Rodrigues, WIPO Case No. D2018-0185; Trader Joe’s Company v. Domain Admin, Whois Privacy Corp. / Carolina Rodrigues, WIPO Case No. D2016-1147; LateRooms Limited v. Carolina Rodrigues, WIPO Case No. D2016-0931; BlackBerry Limited v. Carolina Rodrigues, WIPO Case No. D2016-0707; Lojas Renner S.A. and Maxmix Comercial Ltda. v. Carolina Rodrigues, WIPO Case No. D2016-0421; Mr. Lionel Andres Messi Cuccittini v. Carolina Rodrigues, Privacy Limited, WIPO Case No. D2015-2103; Dymatize Enterprises, LLC v. Carolina Rodrigues, WIPO Case No. D2015-1776; Banco Bradesco S/A v. Carolina Rodrigues / Domain Admin, WIPO Case No. D2015-0678; Banco Bradesco S/A v. Carolina Rodrigues, WIPO Case No. D2015-0445; Doserno Trading Limited and Red Diamond Holdings Sàrl v. Carolina Rodrigues, FCS Holdings Corp, WIPO Case No. D2012-0506.
The disputed domain name was registered on December 10, 2018 using a privacy service and resolves to a website that is on a list of blocked websites by an antivirus programme used by the Complainant. The identity of the Respondent was disclosed by the Registrar in the course of this Complaint.
The Complainant relies on its above-mentioned portfolio of registrations for the CALVIN KLEIN trademark and submits that it is been engaged into production, sale and licensing of men’s and women’s apparel, fragrances, and footwear among other things is used the CALVIN KLEIN trademark continuously in association with this business since as early as 1968. Over these years, the Complainant has expended millions of dollars in advertising and promoting its products under the CALVIN KLEIN trademark in a variety of media throughout the world, including print, television and, radio advertisements.
The Complainant’s business model is that its CALVIN KLEIN branded products are sold exclusively through the groups on retail stores, outlet stores and websites including the “www.calvinklein.com” website and through authorised dealers which include some of the largest chains of retail outlets in the United States.
The Complainant submits that the disputed domain name <calivnklein.com> is confusingly similar to the Complainant’s CALVIN KLEIN Mark. It incorporates the Complainant’s trademark in its entirety, merely changing the order of the letters “v” and “i”. The Complainant submits that this is a clear case of “typosquatting” when the Respondent has slightly misspelled the Complainant’s name, brand and trademark and incorporated the misspelled letter into a domain name in order to divert Internet traffic.
In making the comparison between the disputed domain name and the Complainant’s trademark, the Complainant submits that it is not necessary to take the gTLD “.com” extension into account.
The Complainant submits that the Respondent has no rights or legitimate interest in the disputed domain name; that the Respondent has no proprietary rights in the Complainant’s well-known and famous CALVIN KLEIN trademark; that the Respondent is not commonly known by that name; and that Complainant’s first use and registration of CALVIN KLEIN as a trademark, brand and incorporation into its portfolio of Internet domain names, including <calvinklein.com> and <calvinkleinfashion.com>, long predate the registration of the disputed domain name.
The Complainant alleges that the Respondent is using the disputed domain name, which is confusingly similar to the Complainant’s trademark for the purposes of diverting Internet traffic through typosquatting and such use is not legitimate.
The Complainant alleges that the disputed domain name was registered and is being used in bad faith. When the Complainant’s customers and potential customers seeking information about the Complainant access the website to which the disputed domain name resolves, they are led to a chrome-extension download page which contains potentially dangerous content. In support of this assertion the Complainant has submitted a printout of the website to which the disputed domain name resolves. The document submitted by the Complainant appears to be antivirus interception which inter alia provides a window which states “Website blocked The webpage is on the list of websites with potentially dangerous content. Access to it has been blocked”.
The Complainant submits that it has no control over the use of the disputed domain name which is taking advantage of the Complainant’s intellectual property rights. In this regard the Complainant delivered a cease and desist letter to the Respondent on or about December 17, 2018 to which received no reply.
The Complainant submits that there is no plausible actual or contemplated active use of the disputed domain name that would not be illegitimate and constitute an infringement of the Complainant’s rights. Furthermore the Complainant argues that the Respondent’s use of the disputed domain name creates a likelihood of confusion with the Complainant’s trademark as to the source, sponsorship, affiliation or endorsement of the Respondent’s website.
Additionally the Complainant refers to the above-mentioned list of cases which have been successfully brought against the Respondent under the Policy and alleges that this pattern of registration is indicative of bad faith registration and use in this case.
The Complainant has furnished convincing evidence of its ownership of the CALVIN KLEIN trademark through the above-mentioned United States trademark registrations.
The disputed domain name <calivnklein.com> is similar to and almost identical to the Complainant’s trademark. The only difference between the two is that in the disputed domain name the letters “i” and “v” are reversed in sequence. This gives the initial appearance of identity and would take advantage of a typing error that would take the two letters in the wrong sequence.
In the circumstances this Panel finds that the disputed domain name <calivnklein.com> is confusingly similar to the CALVIN KLEIN trademark in which the Complainant has rights. The Complainant has therefore succeeded in the first element of the test in paragraph 4(a)(i) of the Policy.
The Complainant has made out a prima facie case that the Respondent has no rights or legitimate interests in the disputed domain name. The Complainant has convincingly argued that the Respondent has no proprietary interests in the disputed domain name which is almost identical and confusingly similar to the Complainant’s trademark. Furthermore the Respondent has not been commonly known by the disputed domain name and it would appear that the disputed domain name is being used to resolve to a website which has been identified by an antivirus program as containing potentially dangerous content.
In such circumstances it is well established that the burden of production shifts to the Respondent to prove the existence of rights or legitimate interests. In the present case there has been no Response or communication from the Respondent and therefore the Respondent has failed to discharge the burden of production and the Complainant therefore succeeds in this second element of the test in paragraph 4(a)(ii) of the Policy also.
This Panel accepts the Complainant’s submission that because of the similarity between the disputed domain name and the Complainant’s CALVIN KLEIN trademark in circumstances where the disputed domain name was on the balance of probabilities registered in an exercise of typosquatting to divert Internet traffic away from the Complainant, there is no conceivable possibility that the disputed domain name was registered for any good faith purpose.
It appears that the website to which the disputed domain name resolves contains potentially dangerous content.
Furthermore on the balance of probabilities the Respondent has been the unsuccessful party in a large number of cases brought under the Policy including the above list. This is indicative of a pattern of bad faith registrations which allows this Panel in all the circumstances to find that the disputed domain name was registered and is being used in bad faith.
This Panel finds therefore that the Complainant has succeeded also in the third and final element of the test in paragraph 4(a)(iii) of the Policy. The Complainant is therefore entitled to succeed in this Complaint and be granted the reliefs for which it is applied.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, <calivnklein.com> be transferred to the Complainant.

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We, Windmöller GmbH, operate this website and as such are the responsible party regarding the processing of personally identifiable information about users of our website.
You will find our contact details in the legal notices section of this website. The contact persons for issues relating to the processing of personally identifiable information are named in this privacy statement.
We take the protection of both your privacy and your personal data very seriously. We only collect, save and use your personally identifiable information in line with the content of this privacy statement and in compliance with applicable data protection laws, in particular the European General Data Protection Regulation (GDPR) and national data protection laws.
With this privacy statement we would like to inform you to what extent and for what purpose personal data is processed in connection with the use of our website.
Personally identifiable data is information about an identified or identifiable natural person. . It includes all information about your identity, such as your name, e-mail or postal address. By contrast, information that cannot be used to identify you personally (such as statistics about traffic on our website) is not classified as personally identifiable information.
You may use our website without disclosing your identity or providing any personally identifiable information. In this case, we only collect general data regarding your visit to our website. Many of the services we offer do, however, require you to provide personally identifiable information. We only ever process this data for purposes of further enabling your use of this website, in particular to provide you with the requested information. When providing personally identifiable information, you only have to disclose the data that is specified as mandatory. In addition to this data, you can provide further information, albeit on a voluntary basis. We indicate in each case whether disclosure is mandatory or voluntary. The specific details are explained in the relevant sections of this privacy statement.
Automated decisions in connection with your use of our website are not made on the basis of your personally identifiable information.
We save your data on specially safeguarded servers within the European Union. Technical and organisational safeguards are in place to protect the data against loss, destruction, unauthorised access, alteration or circulation by unauthorised persons. Only a few authorised individuals can access your data. These people are responsible for the technical, commercial or editorial management of the servers. Despite regular checks, ensuring complete protection against all risks is, however, not possible.
Your personally identifiable information is encrypted for transmission via the internet. We use SSL (Secure Socket Layer) encryption when transmitting data.
We only ever use your personally identifiable information to provide the services you request. In the event that we engage external vendors as part of this service provision, they only access the data for the purpose of providing the service(s). Technical and organisational safeguards ensure compliance with data protection laws. We also ensure that our external service providers commit to such compliance.
Furthermore, we do not disclose your data to third parties without your express consent, and especially not for advertising purposes. We only disclose your personally identifiable information if you have consented to the same yourself or if we are entitled or forced to do so by law and/or official or court order. In particular, we may be required to provide information for purposes of prosecution, to avert danger or to defend intellectual property rights.
When we obtain your consent to process your personally identifiable information, the legal basis for such processing is established by Art. 6 (1) (a) GDPR.
When we need to process your personally identifiable information for the performance of a contract or contract relationship, the legal basis for such processing is established by Art. 6 (1) (b) GDPR.
When we process your personally identifiable information in order to comply with a legal obligation, the legal basis for such processing is established by Art. 6 (1) (c) GDPR.
A further legal basis governing data processing is established by Art. 6 (1) (f) GDPR when the processing of your personally identifiable information is necessary to protect a legitimate interest of our company or a third party, provided the protection of your personally identifiable information does not harm your interests nor infringe your fundamental rights and freedoms.
Throughout this privacy statement, we cite the legal basis governing our processing of your personally identifiable information.
We always erase or block your personally identifiable information as soon as the reason for saving it no longer exists. The data may be saved for longer if required under laws to which we are subject to, for example to comply with legal retention and documentation obligations. In such cases, we erase or block your personally identifiable information at the end of such legally specified periods.
Regardless of whether you log in or not, we collect the following information about your computer every time you visit our website: your computer’s IP address, your browser request and the time of such request. We also record the status and volume of data transmitted under this request. Information about your browser product and version, and about your computer’s operating system is also collected, together with the name of the website from which you accessed ours. Your IP address is only saved while you are on our website and is subsequently deleted or shortened to anonymise it. The remaining data are saved.
We use this data to operate our website and especially to detect and rectify errors, to monitor traffic on our site and to implement adjustments and improvements. These uses also constitute our legitimate interest in data processing as defined in Art. 6 (1) (f) GDPR, which also forms the legal basis for such processing.
Cookies enable us to identify your computer and immediately activate any pre-setting’s. Cookies help us to improve our website and enable us to offer you a better service, which is more closely tailored to your interests. These efforts also constitute our legitimate interest in data processing as defined in Art. 6 (1) (f) GDPR.
The personally identifiable information you provide when ordering is only used by our own company and affiliates, and by companies commissioned to process your orders.
You can apply for a position with us and submit all the necessary information and documentation using the online application form. We indicate in the form whether disclosure is mandatory or voluntary in each case. Use of the online application form is voluntary; you can also send us your application in other ways such as by email or by post.
When an application is received via the online application form, your documents are forwarded by us electronically to the relevant employee. If you have applied for an advertised position, your documents are automatically deleted three months after the recruitment deadline provided deletion does not contravene any other legitimate interest. Typical legitimate interests in this respect are burden of proof in a process in accordance with the General Equal Opportunities Act (AGG). For applications where there is not a deadline (applications on own initiative), the application is retained for as long as there is a possibility that the application is of interest. You can request your application be deleted at any time, including before the relevant deadline has been reached. In the event of a successful application, the data provided for the purpose of processing the employment relationship are saved in accordance with the relevant legal provisions. In any other event, the legal basis for saving your application data requires your consent in accordance with Art. 6 (1) (a) GDPR.
We strive very hard to explain as clearly as possible how we process your personally identifiable information and what rights you have in this respect. If you require more information or would like to exercise your rights, please feel free to contact us at any time so that we can deal with the matter.
You have extensive rights relating to the processing of your personally identifiable information. Firstly, you have a right to detailed information and may demand the rectification and/or erasure or blockage of your personally identifiable information, if appropriate. You may also impose restrictions on the processing and have the right to object. With regard to the personally identifiable information you provide to us, you also have the right to data portability.
If you wish to exercise one of your rights and/or to obtain more information about them, please contact our Customer Service department. Alternatively, please feel free to contact our Data Protection Officer.
Once you have given your consent, it can be freely revoked at any time with effect for the future. Revoking your consent does not affect the lawfulness of any processing based on consent given prior to the revocation. Here again, your contacts are our Customer Service department or our Data Protection Officer.
If your personally identifiable information is processed on some other legal basis and not on your consent, you may object to such data processing. Your objection will trigger a review and, if appropriate, the discontinuation of data processing. You will be notified of the outcome of this review and – if data processing is to continue regardless – details of why such data processing is permissible.
If you believe that our processing of your personally identifiable information is not consistent with this privacy statement or not compliant with applicable data protection laws, you may file a complaint with our Data Protection Officer. The Data Protection Officer will then review the matter and let you know the outcome. You also have the right to complain to a supervisory authority.
Our website may contain links to other websites. These links are usually identifiable as such. We have no means of influencing the extent to which these linked websites comply with data protection laws. We therefore recommend that you study the relevant privacy statements of these other websites as well.
The date of this privacy statement is indicated (at the bottom). We reserve the right to amend this privacy statement at any time with future effect. Amendments will be implemented, in particular, following technical adjustments to our website or amendments to data protection laws. The currently valid version of this privacy statement can be accessed at any time on our website. We advise you to regularly check this privacy statement for amendments.

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17-7510. Failure to file report or pay annual report fee; forfeiture of articles of incorporation or authority to do business in Kansas; notices; publication of forfeiture, when; certificates of good standing, issuance. (a) In addition to any other penalties, the failure of any domestic corporation to file the annual report in accordance with the provisions of this act or to pay the annual report fee provided for within 90 days of the time for filing and paying the same or, in the case of an annual report filing and fee received by mail, postmarked within 90 days of the time for filing and paying the same, shall work the forfeiture of the articles of incorporation of such domestic corporation. Within 60 days after the date such annual report and fee are due, the secretary of state, by mail, shall notify any corporation that has failed to submit such report and fee when due that its articles of incorporation shall be forfeited unless the annual report is filed and the fee is paid within 90 days from the date such report and fee were due. Any corporation that fails to submit such report and fee within such time shall forfeit its articles of incorporation, and the secretary of state shall notify the attorney general that the articles of incorporation of such corporation have been forfeited.
(b) In addition to any other penalties, the failure of any foreign corporation to file the annual report or pay the annual report fee prescribed by this act within 90 days from the time provided for filing and paying the same or, in the case of an annual report filing and fee received by mail, postmarked within 90 days of the time for filing and paying the same, shall work a forfeiture of its right or authority to do business in this state. Within 60 days after the date such annual report and fee are due, the secretary of state, by mail, shall notify any corporation that has failed to submit such report and fee when due that its authority to do business in this state shall be forfeited unless the annual report and fee is paid within 90 days from the date such report and fee were due. Any corporation that fails to submit such report and fees within such time shall forfeit its authority to do business in this state, and the secretary of state shall publish a notice of such forfeiture in the Kansas register.
(c) This section shall not be construed to restrict the state from invoking any other remedies provided by law.
(d) The secretary of state shall not issue certificates of good standing for any corporation that has failed to file its annual report or pay its annual report fee.
History: L. 1972, ch. 54, § 10; L. 1973, ch. 101, § 4; L. 1975, ch. 146, § 1; L. 1981, ch. 324, § 9; L. 2004, ch. 171, § 25; L. 2005, ch. 157, § 16; L. 2016, ch. 110, § 126; July 1.


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In addition to the company’s management, we have appointed a data protection officer for our company. You can contact our Data Protection Officer Mr Marschall, LL.M. (GDPC GbR) by writing to “The Data Protection Officer” at the above address or by email at Datenschutz@mgwservice.com.
In order to use our website, it is necessary for the IP address to be supplied at the time of the visit. In certain cases, we also need your name and address and other details so that we can provide the required services. The same applies for example to sending information material and responding to individual queries. If we ask you for further data, this is information provided voluntarily.
In addition to us as data controller, certain categories of controllers, who are involved in the operation of the website (member companies of the Akiem Group, system administrators), and other external parties which if necessary are also used by host and service providers (such as third party service providers, hosting providers, IT companies or communications agencies), may also be given access to the data. An up-to-date list of these parties involved and recipients can be requested from the controller.
We provide information below separately in each case on individual areas in which we process personal data concerning you or from which you can be identified as the data subject.
So-called cookies are used on the website. These are packets of data which are exchanged between our company website’s server and the visitor’s browser. On accessing the website, these are stored on the device used in each case (PC, notebook, tablet, smartphone, etc.). Information which arises in each case in connection with use of the end device is deposited in the cookies. We cannot in any way obtain from this direct knowledge of the visitor’s identity.
In the majority of cases, cookies are accepted under the browser’s default settings. The browser settings can be altered so that either cookies are not accepted on the device used or a specific message appears before a new cookie is deposited. It is important to point out, however, that deactivating cookies can mean that not all the website functions can be used to the optimum.
Cookies serve to make our website easier to use. For example, session cookies can track whether the visitor has already accessed individual pages on the website. These session cookies are automatically erased on leaving the website. Temporary cookies are used to improve user friendliness. They are stored for a temporary period on the visitor’s device. On revisiting the website, the fact that the visitor has previously accessed the website and the information input and settings used are automatically recognised, so that these do not have to be repeated.
Cookies are also used to analyse visits to the website for statistical purposes and in order to improve the service. These cookies enable recognition on revisiting the website that it has already been accessed previously by the visitor. Here the cookies are automatically erased after a fixed period of time in each case. The legal basis for data being processed by cookies for the above purposes is our legitimate interests pursuant to Art. 6 subpara. 1 sentence 1 point (f) of the GDPR.
browser and operating system of the visitor’s device and name of the access provider used by the visitor.
facilitate and improve the administration of the website.
Visitors can submit messages to us via an online contact form on the website. In order to receive an answer, it is necessary to provide at least a valid email address and first and last names. The person making the enquiry can voluntarily provide all other details but is not obliged to do so. By sending a message via the contact form, the visitor gives consent to the processing of the personal data provided. The data are processed solely for the purpose of handling and answering enquiries and follow-up questions via the contact form. This is done on the basis of freely given consent pursuant to Art. 6 subpara. 1 sentence 1 point (a) of the GDPR. The personal data collected for use of the contact form are automatically erased once the enquiry has been completed and there are no reasons for further retention (e.g. subsequent order placed with the company). Where necessary or legitimate, your personal data are also transmitted to the department within the Akiem Group responsible for answering your request. Your personal data are transmitted via our contact form as standard using SSL encryption.
Visitors can also submit messages to us by email by freely providing personal data. In order to receive an answer, it is necessary to provide at least a valid email address and first and last names. By sending the email, the visitor gives consent to the processing of the personal data provided. The data are processed solely for the purpose of handling and answering enquiries. This is done on the basis of freely given consent pursuant to Art. 6 subpara. 1 sentence 1 point (a) of the GDPR. The data obtained from you by this communication route and processed by us are automatically erased once the enquiry has been completed and there are no reasons for further retention (e.g. subsequent order or similar).
Registration by the data subject through the voluntary input of personal data enables the controller to offer the data subject content or services, which due to their nature can only be offered to registered customers.
With regard to data processing in the context of the customer information centre, we will inform you as our customer/supplier separately about the associated processing of personal data; please do not hesitate to contact us.
We also process applicants’ personal data in order to progress the application process, if they are applying or have applied via the website (e.g. through the contact form) or using the email addresses available on the website. Data can also be processed electronically. This is the case in particular if an applicant freely submits the relevant application documents to the controller electronically, for example by email or via a form available on the website. If the controller concludes an employment contract with the applicant, the data submitted are stored for the purpose of progressing the employment relationship in compliance with the legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents are automatically erased no later than 6 months after notification of the negative decision, provided that other legitimate interests of the controller do not conflict with such erasure. Another legitimate interest in this sense is, for example, the duty to provide evidence in proceedings under the German Act on Equal Treatment (Allgemeinen Gleichbehandlungsgesetz (AGG)).
If you have applied to us via the address talent@mgwservice.com, you will receive an automated response confirming receipt and including a link to our more detailed data protection information for applicants.
this is necessary for the performance of a contract with the data subject pursuant to Art. 6 subpara. 1 sentence 1 point (b) of the GDPR.
In no other cases are personal data transmitted to third parties.
Widgets and plugins and links to the following social networks and third party service providers are included on our website. The legal basis for the inclusion and use of all the following service providers on our homepage is Art. 6 subpara. 1 sentence 1 point (f) of the GDPR. The purpose of their use in our legitimate interest is to inform a wider public about our services and give you the opportunity to share the information on our website with other internet users and also to find out about our company on the websites of these third party service providers and about us and our work. The third party service providers and social networks are responsible for handling their users’ data in compliance with data protection requirements. We provide below further information on data processing by the individual third party service providers in accordance with Arts. 13 and 14 of the GDPR.
We also use Google Maps on this website as a third party service. This enables us to display interactive maps directly on the website and allows you easy use of the map function. Google Maps is a service provided by Google Inc. to display maps, by means of which this application can incorporate corresponding content on its websites.
The legal basis for the use of Google Maps is Art. 6 subpara. 1 point (f) of the GDPR.
Services of this type enable interaction with social networks or other external platforms directly via this application. Such interaction and the information collected via this application are always subject to users’ privacy settings for the social network in question.
If a service for interaction with social networks is installed, it can also collect data from data traffic for the websites on which it is installed when the user is not using the service.
If you do not want Facebook or Twitter to assign the visit to our websites to your user account, please log out of your user account in question.
You have rights vis-à-vis us with respect to data concerning you. If you assert such a right and specific legal provisions prevent us from complying, we will notify you accordingly specifying the concrete reasons.
Under Art. 15 of the GDPR, you can request information on your personal data processed by us. In particular you can request information on the purpose of the processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the envisaged storage time, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if these were not collected by us, and the existence of automated decision-making including profiling and if applicable meaningful information on details thereof.
Under Art. 16 of the GDPR, you can request rectification without undue delay of inaccurate personal data concerning you stored by us or completion of such data.
Under Art. 17 of the GDPR, you have the right to request erasure of your personal data stored by us, provided that processing is not necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims. The data that are processed in connection with the use of our website and the services we have described are stored for as long as necessary to provide the services desired by the user, for the purposes specified in this document or prescribed by law. The user can ask the controller at any time to block, alter or remove the data.
Under Art. 18 of the GDPR you can request the restriction of processing of your personal data, where the accuracy of the data is contested by you, the processing is unlawful but you oppose erasure and we no longer need the data, but you require them for the establishment, exercise/defence of legal claims or you have objected to processing pursuant to Art. 21 of the GDPR.
Under Art. 20 of the GDPR, you can request to receive your personal which you have provided to us in a structured, commonly used and machine-readable format or to have them transmitted to another controller.
Under Art. 7 subpara. 3 of the GDPR, you have the right at any time to withdraw the consent given to us (e.g. in writing or by email). This means that we can in future no longer continue the data processing which was based on this consent. We will be pleased to notify you separately of this.

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YOLANDA FLORALDE, NIDA VELASCO and NORMELITA ALAMBRA, Petitioners, v. COURT OF APPEALS, CIVIL SERVICE COMMISSION and PAULINO W. RESMA, Respondents.
On April 23, 1994, petitioners employees of the ATI charged respondent Paulino W. Resma with grave misconduct in office (sexual harassment) in three separate complaints filed directly with the Civil Service Commission.
On August 30, 1994, the Commission gave due course to the complaints and formally charged respondent with grave misconduct requiring him to submit his answer with the affidavits of his witnesses, and placed him under preventive suspension for ninety (90) days effective upon notice.
On September 9, 1994, respondent filed his answer to the complaints. He specifically denied all the accusations against him and asked for the dismissal of the complaints.
On September 20, 1994, the Commission resolved to conduct a formal investigation of the case.
At the hearing, petitioners affirmed the contents of their affidavits and gave the specific dates during which the sexual harassment took place. Petitioners categorically narrated the various incidents of sexual harassment, and they were subjected to extensive cross-examination. On the other hand, five witnesses testified for the respondent including himself. In essence, they testified that the sexual harassment could not have occurred.
After due hearing, on September 22, 1995, the Court of Appeals promulgated its decision which REVERSED and SET ASIDE the resolutions of the Civil Service Commission.
The issue raised is whether the Court of Appeals erred in reversing the resolutions of the Civil Service Commission on the ground that the same were not supported by substantial evidence.
The sexual harassment charges against Resma were filed by three (3) rank and file employees of the Agricultural Training Institute, where respondent Paulino Resma is OIC. Being rank and file employees, they were all reporting to their superior, Paulino Resma. Their time records were signed by the latter. Sexual harassment in the workplace is not about a man taking advantage of a woman by reason of sexual desire; it is about power being exercised by a superior officer over his women subordinates. The power emanates from the fact that the superior can remove the subordinate from his workplace if the latter would refuse his amorous advances.
This is the situation at bar. Yolanda Floralde, Nida Velasco and Normelita Alambra were all rank and file employees reporting to respondent Paulino Resma, and their Daily Time Records (DTRs) were signed by him.
Respondent Resma alleged that the Civil Service Commission erred in its resolutions since the petitioners were unable to prove his guilt by the quantum of substantial evidence required in administrative proceedings.
We do not agree. The evidence adduced before the Commission consists of the positive testimonies of petitioners. On the other hand, respondent claimed that it was impossible for him to be at the office on the days that the sexual harassment occurred. In other words, respondent presented an alibi.
We are not convinced that all three women would prevaricate at the mere urging of Atty. Ola. Filing a charge for sexual harassment is not a trivial matter. It entails having to go public with an incident that one is trying to forget. It means opening oneself to public ridicule and scrutiny. We, therefore, can not believe the version of the defense that the charges were all fabricated.
As to the issue of whether the resolution of the Civil Service Commission is supported by substantial evidence, we find that, in fact, preponderant evidence supported its findings.
Davide, Jr., C.J., Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Buena, Gonzaga-Reyes, Ynares-Santiago, and De Leon, Jr., JJ., concur.
Bellosillo, J., abroad on O.B.
As gleaned from the records, on April 23, 1994, Yolanda Floralde, Nida Velasco, and Normalita Alambre, employees of the Agricultural Training Institute (ATI), charged private respondent Paulino Resma, who was then the Officer-In-Charge of the ATI, with sexual harassment in separate complaints filed with the Civil Service Commission (CSC). In a resolution dated February 17, 1995, the CSC found private respondent Resma guilty of grave misconduct and ordered his dismissal from the service. Following the denial of his motion for reconsideration, private respondent Resma elevated the issue to the Court of Appeals, which thereafter set aside and reversed the decision of the CSC. Private complainants Floralde, Velasco, and Alambre then sought review and reversal of the decision of the Court of Appeals with this Court.
In Paredes v. Civil Service Commission (192 SCRA 84 ), we held that in CSC cases, the right to appeal is limited only to the party adversely affected by the decision, that is, only the person or the respondent employee who has been meted out the penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days salary, demotion in rank or salary or transfer, removal or dismissal from office can appeal said decision. By inference or implication, when the respondent is exonerated of the charge against him, there is no occasion exoneration is inappealable.
In the instant case, when private respondent Resma was exonerated by the Court of Appeals, it was not the CSC but the complainants who filed an appeal. Having been filed by complainants, the petition should therefore be denied, in line with the above-stated doctrine.
Unfortunately, the aforementioned doctrine cannot be applied in the instant controversy because private respondent Resma failed to raise it as an issue on appeal.
When private respondent appealed the decision of the MSPB to the CSC, petitioner never questioned the propriety of the appeal and preferred to defend the correctness of the decision. Likewise, petitioner failed to question before this Court the right of private respondent to appeal from the decision of the MSPB. A law limiting the right to appeal to the respondent in the administrative case is a rule of procedure, not of substantive law. Failure to invoke timely a rule of procedure in favor of a party constitutes a waiver thereof (Republic v. Judge Villanueva, G.R. No. 83333, February 13, 1989, En Banc, Minute Resolution).
Having failed to question the complainants’ right to appeal, the petition may not now be dismissed on that ground.
1.	In CA-G.R. SP No. 37480, promulgated September 22, 1995, Mabutas, Jr., J., ponente, Torres and de la Rama, JJ., concurring, Petition, Annex "A", Rollo, pp. 18-39.
2.	Resolution No. 95-0968, adopted on February 17, 1995, Patricia A. Sto. Tomas; Chairman, Ramon P. Ereneta, Jr. and Thelma P. Gaminde, Commissioners, Petition, Annex "D", Rollo, pp. 46-51.
3.	Petition, Annex "D", Rollo, pp. 46-51.
4.	Petition, Annex "E", pp. 52-57.
5.	Petition, Annex "C", pp. 41-45.
6.	Docketed as CA-G.R. SP No. 37480.
7.	Filed on January 2, 1996; Rollo, pp. 3-17. On September 28, 1999, we gave due course to the petition (Rollo, pp. 179-180).
8.	Record, Affidavit Complaint, p. 509.
10.	Record, Affidavit-Complaint, p. 500.
11.	Record, Affidavit-Complaint, p. 500.
12.	Record, Affidavit-Complaint, p. 502.
13.	Record, Affidavit Complaint, pp. 501-502.
14.	Sapu-an v. Court of Appeals, 214 SCRA 701, 706 .
16.	Jison v. Court of Appeals, 286 SCRA 495, 532 .
17.	Ynson v. Court of Appeals, 257 SCRA 411, 423 , citing Rubenecia v. Civil Service Commission, 244 SCRA 640 .

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1. Administrative Law — Judicial Review — Generally The supreme court will not set aside the decision of the compensation appeals board absent an error of law or unless it is satisfied, by a clear preponderance of the evidence before the court, that the board's decision is unjust or unreasonable. RSA 541:13.
Gormley, Mayer Gormley P.C., of Nashua ( Arthur O. Gormley, III on the brief and orally), for the petitioner.
Devine, Millimet Branch P.A., of Manchester ( Eric G. Falkenham and John E. Friberg, Jr. on the brief, and Mr. Falkenham orally), for the respondent, Liberty Mutual Insurance Co.
The petitioner, the estate of James Balamotis, appeals the decision of the New Hampshire Compensation Appeals Board (board) denying it compensation for the decedent's fatal injury sustained while playing volleyball. We reverse and remand.
The decedent, a field service engineer employed by Digital Equipment Corporation (DEC), played volleyball with his coworkers several times per week during his lunch-hour break at DEC. Although the decedent's volleyball game was not among the several DEC-sponsored recreational activities available to employees, it was not forbidden. On June 3, 1992, the decedent died during a lunch-time volleyball game at DEC, probably as the result of an aggravated heart condition. Without determining the cause of death, the board denied compensation because the decedent's death did not arise out of and in the course of his employment. See RSA 281-A:2, XI (Supp. 1995); Murphy v. Town of Atkinson, 128 N.H. 641, 645-46, 517 A.2d 1170, 1172-73 (1986). The petitioner's motion for rehearing was denied. See RSA 541:3 (Supp. 1995). The petitioner appeals. See RSA 541:6 (1974).
We will not set aside the decision of the board absent an error of law or unless we are satisfied, by a clear preponderance of the evidence before us, that the board's decision is unjust or unreasonable. RSA 541:13 (1974); see Appeal of Kehoe, 139 N.H. 24, 27, 648 A.2d 472, 474 (1994).
a claimant must prove (1) that the injury arose out of employment by demonstrating that it resulted from a risk created by the employment; and (2) that the injury arose in the course of employment by demonstrating that (A) it occurred within the boundaries of time and space created by the terms of employment; and (B) it occurred in the performance of an activity related to employment, which may include a personal activity if reasonably expected and not forbidden, or an activity of mutual benefit to employer and employee.
Id. at 645-46, 517 A.2d at 1172-73 (citations omitted). "This requirement, however, is to be construed liberally in order to give the broadest reasonable effect to the remedial purpose of the workers' compensation law." Whittemore v. Sullivan Cty. Homemaker's Aid Serv., 129 N.H. 432, 435, 529 A.2d 919, 920-21 (1987). The petitioner argues that the board misapplied the Murphy test.
In this case, whether the risk of injury was created by the employment is dependent on the fact that the game took place on DEC premises during a work break. See 1A A. LARSON, THE LAW OF WORKMEN'S COMPENSATION § 22.11, at 5-91 to 5-98 (1995). Once an activity has been placed in physical contact with the employment environment, "the exact nature and purpose of the activity itself does not have to bear the whole load of establishing work connection, and consequently the employment-connection of that nature and purpose does not have to be as conspicuous as it otherwise might." Id. at 5-91.
We distinguish the facts of this case from those involving off-premises, after-hours activities. In those cases, satisfaction of Murphy's first prong required some additional factor or factors to tie the activity to the employment. See Cooper, 141 N.H. at 187-88, 679 A.2d at 588-89; Anheuser-Busch v. Pelletier, 138 N.H. 456, 459, 641 A.2d 1018, 1020 (1994); Murphy, 128-N.H. at 646, 517 A.2d at 1173. Accidents sustained while an employee is engaged in personal activities at work, in contrast, "arise as much out of the employment as when he is actually doing the work for which he is hired." Whitham v. Gellis, 91 N.H. 226, 227, 16 A.2d 703, 704 (1940). "The risks of injury incurred in the crowded contacts of the factory through the acts of fellow-workmen, are not measured by the tendency of such acts to serve the master's business. Many things that have no such tendency are done by workmen every day." Maltais v. Assurance Society, 93 N.H. 237, 240, 40 A.2d 837, 839 (1944) (quotation omitted); see also Maheux v. Cove-Craft Co., 103 N.H. 71, 74-75, 164 A.2d 574, 576 (1960).
Whatever workmen are commonly understood to do when associated together in a shop or factory is part and parcel of the working environment and therefore one of the perils of the service. . . . The claimant was injured, not merely while he was [at work], but because he was [at work], in touch with associations and conditions inseparable from [working] life. The risks of such associations and conditions were risks of the employment.
Maltais, 93 N.H. at 241, 40 A.2d at 840 (quotations and citation omitted) (emphasis added). We hold that, in general, on-premises recreational activities conducted during the work day arise out of the employment. See 1A LARSON, supra § 22.11, at 5-91 to 5-92.
The injury also arose in the course of the decedent's employment. Applying the standards of Murphy, we note that the decedent's death occurred within the boundaries of time and space created by the terms of his employment; he died during a break in his regular work day at his place of employment. The board held that in order to arise in the course of employment, an activity must be integrally related to the object of the employment relationship. The board's analysis is misplaced. It properly pointed out that "[t]ime and space criteria are not fixed within work hours or a specific work place. [Employment] may be anywhere and at anytime." See Murphy, 128 N.H. at 646, 517 A.2d at 1173. But the additional requirement that the expansion of the boundaries of time and space depends on "a call or a requirement to perform some activity integrally related to the object of the employment relationship," id., applies to activities outside of normal work hours or away from the normal work site. See Heinz v. Concord Union School Dist., 117 N.H. 214, 218-19, 371 A.2d 1161, 1164 (1977); cf. Cook v. Wickson Trucking Co., 135 N.H. 150, 154, 600 A.2d 918, 920 (1991) (ordinary perils of travel between home and work not considered hazards of employment; thus, injuries arising from such travel are noncompensable); Donnelley v. Kearsarge Tel. Co., 121 N.H. 237, 241, 428 A.2d 888, 891 (1981) (inside employees "are usually covered for workmen's compensation benefits between the time they check in and out unless special circumstances exist").
Thus, the additional integral relationship nexus is relevant where "time and space criteria cannot be applied in a conventional manner," Whittemore, 129 N.H. at 436, 529 A.2d at 922, such as "when employment is subject to call, consisting of service wherever and whenever needed," Murphy, 128 N.H. at 646, 517 A.2d at 1173.
The prerequisites to recovery, however, are not completely devoid of an employment nexus. The determination of whether the injury arose in the course of the employment also requires that the activity be related to the employment. See id. at 645, 517 A.2d at 1173. But we have specifically included in the relationship requirement an allowance for "personal activity if reasonably expected and not forbidden, or an activity of mutual benefit to employer and employee." Id. (citations omitted). We have stated that the law "must recognize [that workers] require and habitually take some brief respite at times during the work as opportunity offers; and it must also recognize the fact that such a respite, if only of the ordinary and usual nature, cannot rightly be called a leaving of the employment." Perkins v. Company, 91 N.H. 211, 212, 16 A.2d 700, 702 (1940) (quotation omitted). We have also recognized that conduct "of a personal nature reasonably to be undertaken and not expressly forbidden is as much in the course of the employment as when . . . actually performing the work of the employment . . . ." Whitham, 91 N.H. at 227, 16 A.2d at 704.
In this case, the decedent had played lunch-time volleyball at DEC several times per week for at least two years. The games were not forbidden, and the decedent's supervisor knew they were taking place. "The controlling issue is whether the activity is reasonably expectable, so as to be an incident of the employment, and thus in essence a part of it." Maheux, 103 N.H. at 74, 164 A.2d at 576. We find that the decedent's injury arose in the course of his employment.
Although the board found that the decedent "probably died of a malignant arrhythmia," a preexisting condition, it was never more than assumed that the condition "was significantly aggravated by the volleyball game." See RSA 281-A:2, XI. Accordingly, the decision of the board is reversed and the claimant's case is remanded for a determination of causation. See Appeal of Briggs, 138 N.H. 623, 628-29, 645 A.2d 655, 659 (1994).


NEW YORK STATE PISTOL LICENSING – PRIOR REVOCATION FOR LACK OF NECESSARY CHARACTER DOES NOT BAR SUBSEQUENT APPLICATION. ONLY REVOCATIONS PURSUANT TO CPL § 530.14 or FAM. CT. ACT § 894-a BAR SUBSEQUENT APPLICATIONS. Matter of Romanoff v. Kelly, 23 A.
Eligibility requirements for the issuance of a pistol license in New York are set forth in Penal Law §400.00(1). Briefly, an applicant must (1) be twenty-one years of age; (2) of good moral character; (3) have not been convicted of a felony or serious offense; (4) state whether he has ever suffered from mental illness or been confined to an institution for mental illness; and (5) not had a pistol license revoked or who is not under a suspension or ineligibility order issued pursuant to CPL 530.14 or Fam. Ct. Act 894-a.
The issue is; does a failure to satisfy any of the above eligibility requirements act as a permanent bar to licensure? The question must be answered in the negative. Peter Tilem, a partner with Tilem & Campbell, is currently challenging a Westchester County Licensing Officer’s denial of an application because the applicant had a prior revocation based upon a lack of necessary character and judgment. The Licensing Officer denied the application solely because the applicant had a prior revocation without regard for the basis of that revocation.
The licensing officer that originally revoked the applicant’s license had found that he lacked the character and judgment to possess a pistol license. The revocation was not related to an order of protection and was not made pursuant to CPL §530.14 or Fam. Ct. Act §842-a but instead was made pursuant to Penal Law 400.00(11) for a lack of character. This is important because only revocations pursuant to CPL §530.14 or Fam. Ct. Act §842-a can act as a permanent bar. However, revocations based upon a lack of character and judgment are not permanent bars to re-licensure.
§842-a could act as a permanent bar to re-licensure.
For more information about this or any other firearms issue, feel free to contact us toll free at 1-877-377-8666 or visit us on the web at www.HandGunAttorney.com.


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