text:
A see through head mounted display apparatus, comprising: a see through, head mounted display; a plurality of sensors cooperating with the display to detect audible and visual behaviors of a subject in a field of view of the apparatus; one or more processing devices in communication with display and the sensors, the one or more processing devices automatically monitor the audible and visual behaviors of the subject by receiving data from the sensors; determine a scenario of use for the see-through, head mounted display; compute an emotional state of the subjects based on the audible and visual behaviors weighted relative to the scenario; provide feedback to the display indicating computed emotional states of the subject.
Complaints about patent trolls have reached into university selection of commencement speakers.
In an editorial titled "Students need a voice in commencement speaker decisions," Ara Shirinian doesn't specifically call for Myhrvold to be disinvited, but does use the school's speaker selection to urge UCLA's higher-ups to give students more say in such decisions going forward.
The main complaint about Myhrvold is that Intellectual Ventures has a reputation as more of a patent troll -- it buys patents that can then be used to extract money from companies -- than as an innovator. Although Shirinian acknowledges that Intellectual Ventures also has a research arm and applies for patents of its own.
Cornyn/Schumer "PATENT ACT" does not have presumption of "loser pays"
The bill requires plaintiffs bringing patent suits to make their initial allegations with more clarity and specificity. It also places limits on the amount of discovery a patent-holder can extract from companies during early stages of a case, in order to shield defendants from fishing expeditions. It allows courts greater leeway to award attorneys’ fees to the losing side of the lawsuit, including plaintiffs perceived by a judge to have brought a lawsuit with little basis in fact.
The bill also aims to curb the practice of some patent holders who embark on letter-writing campaigns against companies to scare them into settling.
The introduction of the Cornyn/Schumer bill — known as the PATENT Act — has garnered some early applause from the tech sector.
The bill isn’t identical to the House’s Innovation Act, which passed the House by a 325-91 vote during the last Congress. But that bill’s chief sponsor, House Judiciary Committee Chairman Bob Goodlatte (R., Va.) said he largely supported the Senate’s effort.
Of the text It allows courts greater leeway to award attorneys’ fees to the losing side of the lawsuit,, one presumes the WSJ meant to say "winning" side, not "losing" side.
A robotic submersible comprising: a housing including a body and a tail; a pump and a pump tank adjusting a buoyancy of the housing; a first linear actuator controlling the pump; a battery powering a plurality of electronics; a second linear actuator controlling a position of the battery and adjusting a center of gravity; a controller controlling the pump and second linear actuator; the pump, first linear actuator and second linear actuator controlling gliding movements of the housing; at least one motor coupling the tail with the body, the motor controlling the movements of the tail to create a swimming movement; and the controller selectively operating the pump, first linear actuator, second linear actuator, and motor to control when the swimming and gliding movements occur.
A method of culturing Chlorella in non-axenic mixotrophic culture conditions, comprising inoculating an aqueous culture medium with a culture comprising Chlorella in an open culturing vessel in the presence of: a. light comprising photosynthetically active radiation (PAR); b. an organic carbon source comprising at least one selected from the group consisting of acetic acid, acetate, and acetic anhydride, at a concentration in the range of 15-50% (v/v); c. a pH in the range of 6-9; d. an initial concentration of sodium acetate, sodium hydroxide, or potassium hydroxide in the range of 0.05-10 g/L; and e. a dissolved oxygen (DO) concentration in the range of 1-6 mg O.sub.2/Liter of culture.
A method of rendering a user interface of an application operating on a computer system, the method comprising: constructing a first data structure by interfacing with the application, the first data structure having first objects associated with the user interface of the application; constructing a second data structure separate from the first data structure, the second data structure having second objects associated with the first objects of the first data structure; making implicit animations available for automatically animating properties of the second objects in response to changes received from the application; receiving from the application a change for at least one property of at least one of the first objects from a first state to a second state; changing the at least one property of the at least one first object from the first state to the second state; determining one of the implicit animations for animating the change of the at least one property for at least one of the second objects associated with the at least one first object from the first state to the second state, the implicit animation being automatically determined independent of the application and being determined based on what the at least one property is that is subject to the change, wherein the application does not include explicit animation code for the automatically determined implicit animation; and rendering from the second data structure for display with the computer system by implementing the determined animation on the at least one property of the at least one second object.
Bipartisan senators on the Judiciary Committee are close to unveiling legislation to fight so-called patent trolls.
Judiciary Chairman Chuck Grassley (R-Iowa) told reporters at the National Press Club that negotiators are "close to getting a final agreement," with his office later saying it could come as soon as this week. Another aide familiar with the talks said senators are close to a bill.
The Senate bill will not go as far as the House. While the Senate bill would give judges more latitude to award fees, it will not contain a fee shifting presumption.
A method for transformation of DNA into an algal cell comprising: (a) suspending the algal cells in a buffer, wherein the pH of the buffer is from pH 8 to pH 10, (b) adding DNA to be transformed to the algal cell suspension, (c) applying an electric pulse to the DNA Algal cell suspension thereby transforming the algal cell with the DNA.
Judge Theodore Essex ruled against Microsoft.
The Dexter Suggs plagiarism affair and the title "Doctor"
Under Associated Press style rules, most of which we have adopted at Arkansas Business, the honorific Dr. is reserved for medical doctors, dentists, veterinarians and the like — not for Ph.Ds. Therefore, we would never have called the interim superintendent of the Little Rock School District “Dr.” Dexter Suggs in the first place.
But unless Indiana Wesleyan University, which granted Suggs his doctorate, decides to rescind it, the taxpayers of Arkansas are on the hook for another $250,000. A quarter million dollars. As much as the median household in Arkansas earns through more than six years of honest labor.
This is not a correct statement of the Associated Press Style Book.
So Suggs, kept in place by the Department of Education after it seized control of the LRSD, is gone, as he should be. But it wasn’t the DOE’s fault that a plagiarist was hired in the first place, and the state should never have agreed to reward such intellectual dishonesty.
Politicians talk a lot about incentives, both good ones and bad ones. The lesson our state government is teaching in the Dexter Suggs Affair is this: If you cheat, you might get a really good job. And if your bosses find out that you cheated, you might really hit the jackpot.
As one point, "who" is at fault for approving Suggs' thesis, or Glenn Poshard's?
As another point, lots of copyrists are still floating around: for example, Laurence Tribe, Doris Kearns Goodwin, and even the Vice President (who committed plagiarism at Syracuse Law School, but was quickly caught).
Google will be buying patents in the time window May 8, 2015, through May 22, 2015.
In April 2012, Everlight Electronics filed for declaratory judgment of invalidity and non-infringement of Nichia's US patents related to white LEDs, including US Patent Nos. 5998925 and 7531960. These two patents are directed to YAG phosphor being used with blue LED chip to emit white light, and its phosphor concentration. The jury before the US District Court for the Eastern District of Michigan found on April 22, 2015 that all asserted claims of these patents are invalid for obviousness and/or lack of enablement.
Lee Cowan did the stories for April 26. David Pogue did the cover, Hacked! Second, Martha Teichner on paper weights. Third, Lee Cowan on Helen Hunt. Fourth, Scott Simon on cowboy cooking. Tracy Smith, Mary Peterson.
Headlines. 6.7 aftershock in Nepal. Protests in Baltimore over Freddie Gray. Storm in Mobile Bay.
Correspondents dinner. Weather. Rain in NE.
Holly Williams in Kathmandu. Airport opened this morning.
David Pogue shows high school students taking cyber security jobs. In Huntsville, AL.
Leviathan in Seattle. Admin / admin was left as user password.
Cyber threat intelligence information center. Lisa Monaco. Ed scotus built CyberCity.
CyberPatriot competition. Terrifyingly normal business.
Almanac. April 26, 1977: Studio 54 opened. Now home of Roundabout theater company.
NJ artist Paul Stankard on paperweights. Arthur Rubloff.
Moment of nature. Kirby Canyon preserve in Morgan Hill, Ca.
The Bay Area Checkerspot only lives 10 days: it hatches (from chrysalis in the ground), eats, mates, lays eggs & dies.
This year they, AND the wildflowers, are VERY early: normally, they would peak in April, but *they are peaking NOW: in a week or so they will be GONE*.
The Kirby Canyon Landfill Conservation Trust funds and oversees activities related to conservation of the Bay checkerspot butterfly. The wildlife team fenced off 250 acres of prime butterfly habitat (The Kirby Canyon Butterfly Preserve) and placed grazing restrictions on the area to protect the plant community the butterfly depends on for food, protection, and reproduction. The Trust is involved in monitoring the Bay checkerspot butterfly habitat, its population, and the planting of rare or native plant food sources. To encourage the spread of Bay checkerspot butterflies throughout Coyote Valley, Kirby Canyon Landfill, in cooperation with the Creekside Center for Earth Observation, provided 4,000 larvae for translocation to a nearby Mateo County habitat. In early 2013, 10,000 larvae were introduced on two sites, Tulare Hill in Santa Clara Count and Edgewood Park. Increases in the Bay checkerspot butterfly population have been observed, which is wonderful news for this avid program.
The memorandum opinion includes an interesting discussion of evidentiary burdens.
In incidents of plagiarism, the accusers frequently have ulterior motives. The charges against Glenn Poshard at SIU were likely motivated by treatment handed out to a professor.
But it is not a defense to a charge of plagiarism to impugn the accuser..
Advanced Display Tech. (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
Bluestone Innovations (N.D. Cal.) – Pending dismissal with prejudice for $0 to plaintiff.
Cyberfone Systems (D. Del.) – Dismissal with prejudice and $0 to plaintiff.
E-Contact Techs. (E.D. Tex.) – Dismissal with prejudice for $0 and plaintiff to pay costs.
Freeny (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
Lochner Techs. (C.D. Cal.) – Dismissal with prejudice and $0 to plaintiff.
Man Machine Interface Techs. (C.D. Cal.) - Dismissal with prejudice.
Nazomi Commc'ns (I) (N.D. Cal.) – Won summary judgment of non-infringement, upheld on appeal.
Nazomi Commc'ns (II) (N.D. Cal.) – Won summary judgment of non-infringement, upheld on appeal.
NPE case – Dismissal with prejudice and $0 to plaintiff.
Olivistar (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
Oplus Techs. (C.D. Cal.) – Won summary judgment of invalidity and non-infringement.
Oplus Techs. (Fed. Circ.) – Won appeal that vacated and remanded lower court decision of denial of fees.
Orinda Intellectual Prop. USA (N.D. Cal.) – All patent claims canceled in reexamination and $0 to plaintiff.
Patent Harbor (E.D. Tex.) – Won claim construction dispositive of non-infringement, stipulated judgment of non-infringement upheld on appeal.
Penovia (E.D. Tex.) – Dismissal with prejudice and $0 to plaintiff.
Pragmatus Telecom (D. Del.) – Dismissal with prejudice and $0 to plaintiff.
Walker Digital (ITC and D. Del.) – Withdrawal of ITC complaint by Walker Digital on the eve of the ITC hearing and dismissal with prejudice in district court for $0.
District court claim construction reversed in INFO - HOLD , INC . v. APPLIED MEDIA TECH . CORP .
was the appellant against Muzak the defendant.
fringement of the ’374 patent.
Muzak’s products might practice the patented technology.
J.A. 2890. Muzak did not respond to Info-Hold’s letter.
alleged functionality of the ’374 patent.
See Global-Tech, 131 S. Ct. at 2070.
based solely on the patent’s intrinsic record is de novo.
135 S. Ct. 831, 841 (2015).
of the specification and prosecution history.
Who files inter partes review actions at the USPTO?
Although inter partes review proceedings are designed to provide those accused (or at risk of being accused) of patent infringement with a faster and less costly proceeding to challenge the validity of a patent, they have also drawn the attention of outsiders. There are several types of Patent Trial and Appeal Board (PTAB) 'crasher', each with its own motivation for challenging the validity of one or more patents. What they have in common is that each has filed one or more inter partes review petitions despite having no risk of being charged with infringement of the subject patent(s). To date, PTAB crashers have accounted for 47 inter partes review petitions.
One type of PTAB crasher is patent defence firms. These firms usually make revenue from eliciting fees from practising companies and then file inter partes reviews targeting patents that potentially pose risks to their clients (however, Iron Dome is a patent defence firm that has (or at least had) a different business model). Patent defence firms are often subject to the accusation that they are in privy with their clients and, in some cases, their inter partes review petitions have been denied for failing to list all real parties in interest.
Financiers are another type of PTAB crasher. The number of inter partes review petition filings by financiers has been increasing rapidly. These PTAB crashers challenge patents owned by publicly traded companies and appear to be gambling on shifts in stock prices. Inter partes review petition filings of this kind are on the upswing. Of the nine inter partes review petitions filed by financiers, five were filed in the past several months and two were filed very recently by the Coalition for Affordable Drugs.
Patent monetisation firm Intellectual Ventures has also jumped into the inter partes review arena by filing inter partes reviews against patents owned by district court litigation foes, presumably to put additional settlement pressure on them.
Finally, there are activists that challenge patents because they believe it is in the public interest. The US Patent and Trademark Office fees of $23,000-plus per petition may be a significant deterrent for these types of filer, but by our count two such petitions have been filed to date.
**To elaborate on Intellectual Ventures, in one situation, Xilinx challenged the validity of IV patents in a district court action and IV retaliated by challenging the validity of four Xilinx patents in IPR actions.
Chipmaker Xilinx invested in two Intellectual Ventures funds and licensed a portion of IV's patents, but resisted IV's entreaties to license more patents in 2010, court filings show. Xilinx eventually asked a California federal judge to declare those IV patents invalid, while IV countersued in Delaware, accusing Xilinx of infringement.
May 2 (Reuters) - Patent owner Intellectual Ventures has settled a lawsuit against one of its own investors, chipmaker Xilinx, a case that had been closely followed by advocates seeking to change the U.S. patent system.
A court filing on Thursday disclosing the settlement did not discuss terms. Intellectual Ventures and Xilinx Inc had been scheduled for trial this month.
**at this point! Kyle Bass is involved in at least five IPRs against drug patents.
after the IPR filing. The active ingredient of that drug was 4-amino pyridine.
challenging WARF in the stem cell area.
In May 2014, Life360 CEO Chris Hulls received an aggressive patent demand letter. The letter, from lawyers representing a company called Advanced Ground Information Systems (AGIS), told him he needed to pay for a "royalty-bearing license" to its four patents, or Life360 and its customers would have to "cease and desist" from infringement.
Related to the text --The Inter Partes Review was created as a quick and relatively inexpensive way for technology companies and retailers to deal with so-called patent trolls -- which appeared in a recent Bloomberg post about Kyle Bass, one notes a post in the Quad City Biz Journal titled Prophetstown company wins patent battle which shows not all IPRs are filed against trolls. This confusion by Bloomberg is emblematic of supporters of Goodlatte's Innovation Act who point to what the Act will do to trolls, but neglect to point out its consequences to universities, small businesses, and other non-troll entities.
On Jan. 22, in Jacobs Corp. vs. Genesis III, Inc., the Patent Trial and Appeal Board, or PTAB, denied the IPR petition in all respects, finding that it "failed to demonstrate a reasonable likelihood that any of the challenged claims would be held invalid under any of several proposed theories."
Written opinion for PCT/US2012/056063 shows one can patent a steak.
You might not think it would be possible, but through some sophisticated knife-wizardry, Oklahoma State University and their resident meat expert discovered a new cut of steak: The Vegas Strip. Supposedly, it’s secreted away inside the slab of meat that’s traditionally ground up for hamburger. Why only “supposedly” you ask? Well, OSU won’t say exactly what the Vegas Strip really is, because they want to patent it.
Generally, this is the area where a company would opt for the trade secret route. You can make anything a trade secret (well, anything involved in the production of a physical product that is then sold for a profit) and trade secrets will never expire. Since you can’t patent recipes, companies like Coca Cola and KFC have opted to make their formula and blend of herbs and spices trade secrets. As a bonus, trade secrets never expire like patents do. But if a trade secret is stolen, you’re out of luck; you can’t sue anyone to stop them from using it. Considering a lot of people would have to know the secret to this steak in order to mass produce it, the trade secret route would be pretty tricky. That’s why OSU is opting for the patent, so they can license the steak to specific plants. “License the steak.” Man that sounds wrong.
Patenting methods of food production, however, isn’t completely unheard of. Steak-Umms and KFC Popcorn Chicken both had patents on them. It’s a thin line to draw between an industrial production process and a recipe, but this new steak patent might give us reason to start considering it. Given that the huge collection of increasingly restrictive patents has been clearly affecting innovation in a negative way, it’s probably best that this steak remain unpatented because, after all, a patented steak does sound absurd. That doesn’t mean it won’t be awarded a patent. Much, much more unworthy things have been issued patents, but if this doesn’t bring the “patent everything!” train to a halt, I’m not sure what will. Now if you’ll excuse me, I’m going to go patent my method of making salad. You know, the one that involves the tossing of lettuce.
On 25 September 2014, application 20140287133 was published, titled METHOD OF OBTAINED A STEAK FROM SUBSCAPULARIS AND PRODUCT OBTAINED BY SUCH METHOD and assigned to Oklahoma State University.
1. A method of preparing a cut of meat, wherein is provided at least a portion of a Subscapularis muscle having some amount of lean tissue, fat tissue, and connective tissue, wherein said at least a portion of said Subscapularis muscle has a cranial side, a caudal side, a ventral end, a dorsal end, a medial surface and a lateral surface, comprising the steps of: trimming from said cranial side, said caudal side, said ventral end, said dorsal end said medial surface and said lateral surface at least a portion of said lean tissue, said fat tissue, and said connective tissue, thereby preparing said cut of meat.
The US case is related to PCT/US2012/056063, filed 19 Sept. 2012. The written opinion for the PCT found claims 7-20 of the PCT to be patentable.
c. making a cut from proximate to said prominent white fissure to said caudal side, wherein said cut from proximate to said prominent white fissure is chosen to said caudal side is oriented so as to sever said prominent white fissure from said at least a portion of said Subscapulars muscle, thereby forming said cut of meat.
IPBiz post, Can one patent a recipe? established that one can patent a recipe.
On April 23, 2015, Kyle Bass filed IPRs against a patent on Shire's Gattex and against a patent on Celgene's Thalomid.
In covering this in the post Bass Expands Drug Patent Fight as Celgene, Shire Make Five , Bloomberg made some statements which require clarification.
As to the text --Bass said he’s not targeting the entire drug industry and won’t accept settlement payments in order to drop the challenges --, the Engellener article [below] notes that in the first year, only 8% of IPRs resulted in settlements.
As to the text --The Inter Partes Review was created as a quick and relatively inexpensive way for technology companies and retailers to deal with so-called patent trolls --, one notes that the Engellener article places costs for an IPR at $300-500K, a bit steep for a small retailer taking on a troll alone. Furthermore, an IPR does not resolve infringement, so if the retailer does not invalidate all the asserted claims, the retailer still has a problem.
One separately notes that "inter partes review" was meant to replace the previously existing procedure of "inter partes re-examination."
the examining attorney’s refusal to register the mark THE SLANTS because it is disparaging.
bring them into contempt, or disrepute.” 15 U.S.C.
substantial composite of the referenced group.
Note the words "may disparage." The text in Tam is not an accurate representation of what is in Geller.
At issue in this appeal is the decision of the Trial Trademark and Appeal Board ("TTAB" or the "Board") to cancel six federal trademark registrations involving the professional football team, the Washington Redskins, because it found that the marks "may disparage" Native Americans or "bring them into contempt, or disrepute." Harjo v. Pro-Football, Inc., 50 U.S.P.Q.2d 1705, 1749, 1999 WL 375907 (Trademark Tr. & App. Bd.1999) ("Harjo II").
In September 1992, Suzan Shown Harjo and six other Native Americans (collectively, "Defendants" or "Petitioners") petitioned the TTAB to cancel the six trademarks, arguing that the use of the word "redskin(s)" is "scandalous," "may ... disparage" Native Americans, and may cast Native Americans into "contempt, or disrepute" in violation of section 2(a) of the Lanham Trademark Act of 1946 ("Lanham Act" or "Act").
None of the parties argue that the TTAB's decision to treat "disparage" in the same manner as "contempt or disrepute" was error. Therefore, the Court has not reviewed this legal determination and in assessing the TTAB's decision, only reviews whether the marks at issue "may disparage" Native Americans, which includes whether the marks bring Native Americans into contempt or disrepute.
The TTAB first defined the term "disparage" in accordance with the ordinary and common meaning of the term. Id. From this review, the Board concluded that the trademarks may disparage if they may "dishonor by comparison with what is inferior, slight, deprecate, degrade, or affect or injure by unjust comparison." Id. The Board then observed that unlike the inquiry into whether a trademark is scandalous, where the test looks to the reaction of American society as a whole, a disparagement test is much more circumscribed and is limited by section 2(a) of the Lanham Act. Id.
Note again that the district court used the words "may disparage."
In the Tam case, the proposed mark "The Slants" is not making a comparison. Also, it is not discrediting or detracting from the reputation of another's property, product, or business.
We have yet to be presented with any substantial government interests that would justify the PTO’s refusal to register disparaging marks. Without this, § 2(a) cannot satisfy the Central Hudson test. It is time to revisit the holding in McGinley in light of subsequent developments in the law and the trademark registration funding re-gime.
And note the words of the statute are "may disparage." What does that mean?
There is a post on the ABA Journal [Squished-together words don't count as one, Federal Circuit says; appeal is tossed ] discussing the case PI-NET INTERNATIONAL, INC. and DR. LAKSHMI ARUNACHALAM vs. JPMORGAN CHASE & CO., which has text at the top of the published CAFC case: Case: 14-1495 Document: 74 Page: 1 Filed: 04/20/2015.
deleted spaces between various words in the brief.
appellant’s opening brief to 14,000 “words.” Fed. R. App.
Instead, when written properly, it is 14 words: Thorner v.
“TOA1” and list those citations only in the table of authorities.
IN RE: SIMON SHIAO TAM, but NOT including 14-1495.
Your search has not returned any results. Please refine your search and try again.
 Conventional navigation instructions are mechanical and not easily understood by many users. For example, a conventional navigation instruction may be "turn right in 0.3 miles to street x." Many users cannot estimate 0.3 miles, and if the street sign for "street x" is not visible the turn can be missed. Another example instruction may be "head north." Heading north is not easy if the user does not know the direction of north. Another instruction may be "in 600 feet, arrive at your destination on the right." In cities with densely packed POIs, it may not be obvious where the destination is located, especially since the location accuracy may not be good enough for the `600 feet` number to be trusted.
 In addition to being overly mechanical, conventional navigation instructions do not account for the mental state of a user and can often confuse and frustrate the user who may be lost in an unfamiliar location.
 A humanized navigation system provides humanized instructions that mimic a real human navigator, focuses on comprehension rather than precision, and attempts to make the navigation session less stressful for the user. In some implementations, complex navigation situations are classified according to shared common navigation problems. Once a class is determined, humanized navigation instructions are generated and/or selected based on the class and the current location of the user. The humanized navigation instructions include information to aid the user in navigating a route.
The first claim: A method comprising: determining a complex navigation situation has been encountered by a navigation device; determining one or more landmarks or attributes associated with a current location of the navigation device; and generating a humanized navigation instruction using the one or more landmarks or attributes, where the method is performed by one or more hardware processors.
1. A mutant ketol-acid reductoisomerase enzyme comprising the amino acid sequence as set forth in SEQ ID NO: 29.
2. A nucleic acid molecule encoding the mutant ketol-acid reductoisomerase enzyme of claim 1.
3. A nucleic acid molecule encoding a mutant ketol-acid reductoisomerase enzyme having the amino acid sequence as set forth in SEQ ID NO:19.
5. A recombinant cell comprising the mutant ketol-acid reductoisomerase enzyme of claim 1.
6. A mutant ketol-acid reductoisomerase enzyme as set forth in SEQ ID NO:17 comprising at least one mutation at a residue selected from the group consisting of 24, 33, 47, 50, 52, 53, 61, 80, 115, 156, 165, and 170.
7. A mutant ketol-acid reductoisomerase enzyme according to claim 6 wherein: a) the residue at position 47 has an amino acid substation selected from the group consisting of A, C, D, F, G, I, L, N, P, H, T, E and Y; b) the residue at position 50 has an amino acid substitution selected from the group consisting of A, C, D, E, F, G, M, N, V, W and I; c) the residue at position 52 has an amino acid substitution selected from the group consisting of A, C, D, G, H, N, Y, and S; d) the residue at position 53 has an amino acid substitution selected from the group consisting of A, H, I, W, Y, C, and R; e) the residue at position 156 has an amino acid substitution of V; f) the residue at position 165 has an amino acid substitution of M; g) the residue at position 61 has an amino acid substitution of F; h) the residue at position 170 has an amino acid substitution of A; i) the residue at position 24 has an amino acid substitution of F; j) the residue at position 33 has an amino acid substitution of L; k) the residue at position 80 has an amino acid substitution of I; and l) the residue at position 115 has an amino acid substitution of L.
Eugene Gagliardi invented Steak-Umm [ At 3 in the morning, he had an idea. He got up out of bed and went to the plant and tried it. His idea was complicated — he put the meat through the grinder a bunch of times, then he mixed it, put it in a mold, froze it, then he tempered it, then sliced it — and, finally, he cooked it and ate it to see if it was any good. ] He also invented the original popcorn chicken, disclosed in US 5,266,064. Some of his other patents are mentioned below.
First claim: A steak product made by cutting a piece of meat which is initially generally in the shape of a parallelepiped comprising the steps of: cutting the meat along four generally curved first cut lines extending generally parallel to the grain of the meat to remove four corners of meat and to thereby create a meat portion which is generally cylindrically shaped and elongated; cutting the generally cylindrically shaped meat portion along each of a plurality of generally parallel second cut lines, each of the second cut lines being generally perpendicular to the grain of the meat and being spaced from each other by a first predetermined distance to create a plurality of disk-like cylindrical meat portions each having a predetermined thickness corresponding to the first predetermined distance and each having a predetermined diameter corresponding to the diameter of the cylindrically shaped meat portion; and cutting at least one of the disk-like meat portions along each of a plurality of third cut lines, each of the third cut lines extending generally radially inwardly from a curved outer circumferential edge of the at least one disk-like meat portion toward but not entirely through the axial center of the at last one disk-like meat portion to create an uncut center portion, the third cut lines being circumferentially spaced apart by a second predetermined distance to produce a steak product having a plurality of generally truncated pie wedge shaped portions held together by the center portion.
First claim: A method of cutting beef short ribs to create beef rib products having enhanced per pound value, the short ribs comprising a plate having a plurality of rib bones taken from between the fifth and thirteenth ribs of beef and the meat surrounding the rib bones, the short ribs having a first, generally concavely shaped inside surface and a second generally convexly shaped outside surface, the method comprising the steps of: separating the short ribs into a plurality of generally equally sized individual rib meat portions, each having a rib bone, by cutting completely through the short ribs from the first surface to the second surface along cut lines extending generally midway between and generally parallel to the rib bones; and making a series of generally parallel cuts into the meat on at least one of the first and second surfaces of each of the rib portions, the cuts made into each rib portion extending generally perpendicular to the rib bone along the entire length of the meat from one end of the rib bone to the other end of the rib bone and being spaced apart from each other by a first predetermined distance.
First claim: A method of cutting a whole bird to form bird meat products comprising: removing a portion of the wing of the bird including the wing tip section and the center, two bone section; removing the breast and the drumette of the wing from the remainder of the bird leaving the drumette attached to the removed breast; and cutting through the removed breast along a cut line extending approximately one third of the distance along the length of the removed breast and generally parallel to the bone of the removed drumette to create a breast product and a breast/drumette product.
First claim: A method of making a food product, comprising: selecting a thigh of an animal, the thigh comprising a thigh bone at least partially surrounded with thigh meat, the thigh bone having a first end and a second end; partially deboning the thigh causing the first end of the thigh bone to extend from the thigh meat to form a handle for holding the food product, the thigh meat being generally positioned proximate to the second end of the thigh bone after the partial deboning; and forming a plurality of cuts in the thigh meat, the plurality of cuts forming a plurality of sections of thigh meat extending from an uncut portion of the thigh meat which is generally secured to the second end of the thigh bone, the plurality of sections simplifying the removal of individual portions of the thigh meat from the thigh.
assembling the boneless breast portions and the boneless leg portions to simulate the appearance of a bird.
feeding the denuded shoulder muscle through a meat grinder having an output plate which includes a plurality of elongated slot-like openings such that the ground pork emerging from the output plate comprises a plurality of relatively thin ribbon-like strips, the strips thereafter being placed in a hot sauce.
Plaintiff, Gagliardi Bros. Inc. (Gagliardi), a Pennsylvania corporation with its principal place of business in Pennsylvania, is in the business of processing and marketing portion controlled meat products, including but not limited to a sliced sandwich steak marketed under the trade-name Steakumm, for sale to retail, institutional, and restaurant outlets. Gagliardi was a family owned business until February, 1980, when it was sold to a subsidiary of H. J. Heinz Company (Heinz). Eugene Gagliardi, Sr., the founder of the business, remains active in its affairs, and his sons Nick and Ralph are Vice Presidents. The current President and Chief Executive Officer is Richard A. Blott (Blott), a Heinz manager.
Defendant, Dan J. Caputo (Caputo), is a 53 year old individual residing in Delaware and was employed as a controller by Gagliardi from September 1972 until his termination on July 7, 1981. As its controller Caputo was one of Gagliardi's key employees, and attended all Board of Directors (pre-1980) and Management Board (1980 to 1981) meetings. As a result of his responsibilities at Gagliardi, Caputo became familiar with Steak-umm and its beef formula and fat content, information also obtainable by means of chemical analysis. He knew also that Gagliardi had spent hundreds of thousands of dollars developing modifications and improvements to Steak-umm, and to develop a new sophisticated steak slicing machine and an improved, innovative packaging. These developments are trade secrets of competitive value which Gagliardi has a financial interest in keeping confidential. Caputo also knew of valuable, confidential marketing research studies conducted on behalf of Gagliardi with regard to consumer rating of sandwich steak characteristics. At no time did Caputo deal with Gagliardi customers.
You further agree that in the event of termination of your employment, with or without cause, you shall not, for a period of one year after termination of said employment, either directly or indirectly, enter into the portion controlled meat business, nor will you enter into the employ of anyone who is engaged in a similar business within one hundred miles of West Chester, Pennsylvania.
The one year restriction on employment although perhaps reasonable in the sense of not being excessively long, nevertheless bears no reasonable relationship to the protection of Gagliardi. For one, there is no evidence to show that Gagliardi would in any way be harmed by permitting Caputo to work for Devault before a year has passed. Indeed, there has been no showing that there is any information which Caputo may possess and which might be revealed to a new employer to the detriment of Gagliardi. Gagliardi has not established that Caputo has any technical knowledge regarding the new slicing machine technology, innovative packaging, or marketing data, from which Devault, or some other competitor of Gagliardi, could develop and produce a new slicing machine similar to that contemplated by Gagliardi, or institute use of the new innovative packaging planned by Gagliardi before Gagliardi could itself make that packaging available, or devise new marketing strategy based on the results of the market research conducted on behalf of Gagliardi. In addition, Gagliardi has not established that Devault could change its beef formula based on any information it might receive from Caputo which it could not otherwise discover through, for example, chemical tests.
Caputo's expertise is as a controller, not as an engineer, designer, marketing analyst, or chemist. His general knowledge about Gagliardi poses no real threat to Gagliardi, so that a time limit on his employment eligibility is unnecessary and unreasonable.
As for the 100 mile limit, that restriction no longer makes sense. Caputo could work for a competitor of Gagliardi beyond that limit. Since Gagliardi's marketing area is no longer confined to that 100 mile radius, as it was when the covenant was imposed, even if there is the need to protect it, a showing which we have determined has not been made, there is no reason to think that such protection could not be needed as to those other marketing areas. The conclusion we draw is that restricting Caputo's employment opportunity to the 100 miles of West Chester radius is not reasonable when the Gagliardi marketing area is no longer so restricted, regardless of what might have been the reasonableness of such a geographic limitation when the covenant was established.
Additionally, it is significant that imposition of a restrictive covenant has not been required of employees of Gagliardi since 1977, yet its business has grown considerably since that time. Thus, neither Caputo's successor, nor even as vital an executive as Gagliardi's President, Mr. Blott, are subject to restrictive employment covenants. Unless we are to believe that only Caputo can hurt Gagliardi by working as a controller for a competitor, this evidence strongly suggests that Gagliardi, despite the initiation of this action, does not perceive any need for the imposition of restrictive covenants, or else others would be subjected to agreements such as that sought to be enforced here.
Finally, we consider the fact that Caputo received but rejected employment offers which would have required relocation, and that he and his wife operate their own accounting service. As the above cited cases make clear, the focus of an inquiry on the issue of enforcement of a restrictive covenant is on the reasonableness of the covenant itself, and on the employer's need to enforce it, and on the ancillary agreement and consideration which support it.
The availability, or lack thereof, of alternative employment opportunities or sources of income is not a direct factor to consider. Of course, the obvious hardship of a restrictive covenant in preventing an individual from earning a livelihood, is the basis of the law's disfavor of such agreements. See, Minnesota Mining and Manufacturing Company v. Prosceno, slip op. at 5; Morgan's Home Equipment Corp. v. Martucci, 390 Pa. 618, 136 A.2d 838 (1957). This is so regardless of the particular financial circumstances of the employee against whom it is sought to be enforced.
Since we find the restrictive covenant unenforceable, there is no basis for issuance of an injunction, and judgment is entered in favor of the defendant and against the plaintiff.
Note that Gagliardi also holds design patents, e.g., USD293041.
IPBiz touched on the subject of H1B visas in the post Big companies trying to feed castor oil to little companies on patent reform?.
“There are students that are falling through the cracks, and yes, they could end up being unsafe practitioners,” one academic, who worked for the University of Western Sydney and the Australian Catholic University told the ABC’s Four Corners.
Academics told the ABC the pressure to pass underperforming full-fee paying international students, with one lecturer saying she was “staggered” by the increase in plagiarism.
The report also shed light on the murky world of the offshore agents used by Australian universities to recruit hundreds of thousands of students, mainly from China.
In one case, a Beijing agent who represents universities including Monash, Queensland, Sydney, Newcastle, Southern Cross, ACU, ANU and UTS, was caught on tape saying he would accept a forged school transcript if a student had a poor academic record.
Kyle Bass files IPR against patent related to Imbruvica (Ibrutinib). This followed a challenge to Ampyra, a treatment for multiple sclerosis. Now, Bass has filed another challenge, again related to a drug for MS.
In a filing with the U.S. Patent and Trademark Office today [22 April 2015], the so-called Coalition for Affordable Drugs — which has already challenged patents held by Lexington-based Shire Pharmaceuticals (Nasdaq: SHPG) and Acorda Therapeutics (Nasdaq: ACOR) in New York and Chelsea, Massachusetts — challenged Biogen's patent No. 8,759,393 for Tecfidera by Biogen (Nasdaq: BIIB). That patent covers the twice-a-day dosage of the drug, which is currently Biogen’s top seller.
A lawyer formerly in charge of applying for patents in cosmetics company L’Oreal SA’s U.S. office claims he was fired in December for refusing to make filings for dubious inventions just so the company could fill an annual quota. L’Oreal pledged to fight the allegations.
Two weeks later, according to the suit, Trzaska was called into a meeting with the company’s head of human resources for research, Diane Lewis, who offered him 15 weeks of severance if he would leave the company. He did not accept, but on Nov. 25, 2014, he received a call from Thomas Sarakatsannis, general counsel of L’Oreal USA, who offered him 40 weeks of severance if he would leave, the suit alleges. Trzaska again declined, according to the suit, but on Dec. 8, he was told he was being terminated immediately.
Trzaska was told at the time of his dismissal that his position was no longer needed, but the same position was advertised soon thereafter, the suit alleges. The stated reason for dismissal was a pretext for the actual reason for his discharge, which was his refusal to sign patent applications for inventions that he did not believe to be patentable, and his refusal to supervise such conduct by patent attorneys and patent agents under his supervision, the suit claims.
A patent attorney or patent agent is legally and professionally responsible when reviewing a patent application “to make a good-faith determination whether the subject matter in an invention disclosure is potentially patentable,” according to the suit.
L’Oreal’s exposure in the case is “heavy” because Trzaska, 52, earned roughly $400,000 per year and could have reasonably looked forward to another 15 years of work, said Gerard Jackson, the Cherry Hill attorney representing Trzaska. Furthermore, jobs for lawyers in Trzaska’s speciality are scarce and his age makes it harder for him to get hired, Jackson said.
The quota in 2014 was 40 patent applications in the U.S. research division and 500 applications worldwide, according to details of the suit covered by the New Jersey Law Journal. The company then put “patent pending” claims on products in an effort to persuade consumers and shareholders its products were innovative, the suit alleges.
Trzaska’s suit says the patent quotas put him at risk of violating rules barring lawyers from bringing frivolous proceedings and making false statements to a tribunal. His suit, filed in federal court in Newark, New Jersey, based on diversity grounds, alleges violation of New Jersey’s Conscientious Employee Protection Act.
With a reply from Gary Shapiro.
P.S. I am paid by the Consumer Electronics Association’s 2,000-plus member companies, which together employ millions of Americans. If you are being paid by troll lawyers or others with an interest in scuttling this legislation please disclose this information.
Shapiro does not address the problem that universities and small inventors have with the "loser pays" aspect of Goodlatte's Innovation Act. Shapiro does not say why "loser pays" is necessary to resolve his troll problem.
The "loser pays" provision applies to all patent cases. If universities or small inventors lose because they are outgunned by a richer adversary, they presumptively pay. Understandably, they don't like this. Gary Shapiro has no answer. Rather Shapiro's response is that his opponents are ignorant or in the thrall of trolls. No substance there.
After Bass' petition was filed Monday, Pharmacyclics shares dropped. Not by a huge amount, as Acorda's did after the Ampyra challenge. But plenty to deliver a significantly bigger profit--provided you were short enough.
Ibrutinib was first designed and synthesized at Celera Genomics .
Approved by the FDA for treatment of mantle cell lymphoma, it is being studied for use against other afflictions, including diffuse large B-cell lymphoma and multiple myeloma.
In a statement, the state Department of Education said Commissioner Johnny Key reached an agreement with Suggs that "resulted in Dr. Suggs’ immediate resignation …" It named Marvin Burton as the district's new interim superintendent.
"It's a little upsetting. You had more than enough ammo to fire him outright. He was an at will employee there was no contract. There's no reason. Unless you're trying to hide something. There was no reason to tell him here's a quarter of a million dollars," added Campbell.
1. A device comprising: a. a memory for storing an application for performing steps of: i. fact checking information by comparing the information with source information to determine factual accuracy of the information; ii. indicating a status of the information based on a result of the comparing of the information with the source information in real-time; iii. receiving a response from a user related to the status of the information; and iv. presenting additional information based on the response; and b. a processor for processing the application.
Information is easily dispersed through the Internet, television and many other outlets. One major problem is that the information dispersed is often not correct. Although there are fact checking websites available online, these websites check facts in a slow manner; typically not truly providing a fact check response for several hours or even days.
This application is a continuation-in-part application of co-pending U.S. patent application Ser. No. 13/565,013, filed on Aug. 2, 2012, and titled "CANDIDATE FACT CHECKING METHOD AND SYSTEM" which is a continuation-in-part application of U.S. Pat. No. 8,321,295, filed on Jun. 20, 2012, and titled "FACT CHECKING METHOD AND SYSTEM" which is a continuation application of U.S. Pat. No. 8,229,795, filed on Apr. 17, 2012, and titled "FACT CHECKING METHODS" which is a continuation application of U.S. Pat. No. 8,185,448, filed on Nov. 2, 2011, and titled "FACT CHECKING METHOD AND SYSTEM" which claims the benefit of U.S. Provisional Patent Application Ser. No. 61/495,776, filed Jun. 10, 2011, and titled "FACT CHECKING METHOD AND SYSTEM," all of which are hereby incorporated by reference in their entireties for all purposes. This application also claims the benefit of U.S. Provisional Patent Application Ser. No. 61/736,181, filed Dec. 12, 2012, and titled "FACT CHECKING METHOD AND SYSTEM," which is hereby incorporated by reference in its entirety for all purposes.
Dr. Georgann Scott, who wrote her dissertation in 2005, was shocked to find her work in Suggs' 2009 dissertation without giving him permission to use it.
On Thursday, when Channel 7 News asked Suggs if the allegations first made by the Blue Hog Report were true, he denied it saying it was his original work.
“I was angry, that was the first thought that came to my mind,” said Dr. Scott.
Dr. Scott is a retired educator who in 2005 wrote this dissertation at the University of Oklahoma. Fast forward to 2009, when LRSD's Dr. Suggs wrote his dissertation at Indiana Wesleyan University with paragraphs almost identical to Scott's without Suggs citing her work.
“He used large sections of my dissertation without any notation or any signature from me...like he says he has these papers and he doesn't have my signature on anything,” added Scott.
To unpack this text, the granting of permission to use relates to copyright infringement, which is distinct from plagiarism, which is unattributed copying. One can plagiarize Shakespeare without infringing copyright.
Worse, in the view of most academic standards, was King's appropriation of works by other writers about Tillich, including a 1952 doctoral dissertation by another Boston University student. In the general bibliography of his thesis, King referred to the other student's dissertation but did not cite particular passages.
On page 1, the 20th century goes into the past tense: "the populace of the 20th century was obsessed..."
One could continue, but the central allegation is copying of this material rather than the quality thereof.
And, as with the King thesis (copying of one BU thesis by a later BU student), why did not the thesis committee pick up on the copying?
Later, chemists invented far more stable green dyes, including the chromium trioxide ink that put the green in our bank notes beginning in the 1860s. The green ink can’t be destroyed by acid or base or other chemical agent, it’s resistant to fading, and it’s extremely difficult to counterfeit. It’s the perfect backdrop for a Founding Father’s face.
Oxide., Cr2O3. Chromium trioxide, CrO3, is chromium (VI), and is not green.
Singer Lulu is back; is there a copying issue?
To the 60s, when I was 16, at the Marquee in Soho, and Eric Clapton asked what I was doing that night. I would give him a better answer.
Vinyl, and the feeling of anticipation and excitement when they announced the release date of the new Beatles record.
**Separately, Dionne Hickery has suggested the possibility that Lulu copied a song.
"The first line is similar and in the same key and the chorus has a few similarities too. I'm not sure if Lulu has copied my song. I wouldn't be too happy because I'm really proud of it."
News of the investigation comes just days after the Shout hitmaker spoke of her pride at writing her own songs for the first time in her 50-year career.
1. A charge storage device comprising: a first electrically conductive structure and a second electrically conductive structure separated from each other by an electrical insulator, wherein: at least one of the first electrically conductive structure and the second electrically conductive structure comprises a porous structure containing multiple channels; the charge storage structure further comprises nanostructures located within at least some of the channels of the porous structure; and each one of the channels has an opening to a surface of the porous structure.
1. A method, comprising: a computing device receiving a plurality of data points corresponding to an environment of an autonomous vehicle; the computing device determining one or more subsets of data points from the plurality of data points, wherein the one or more subsets of data points are indicative of at least a body region of a cyclist, wherein the body region of the cyclist comprises an upper-body region of the cyclist including at least one arm of the cyclist; based on an output of a comparison of the one or more subsets with one or more predetermined sets of cycling signals, the computing device determining an expected adjustment of one or more of a speed of the cyclist and a direction of movement of the cyclist; and based on the expected adjustment, the computing device providing instructions to adjust one or more of a speed of the autonomous vehicle and a direction of movement of the autonomous vehicle.
The law firm was McDonnell Boehnen Hulbert & Berghoff LLP .
Autonomous vehicles use various computing systems to aid in transporting passengers from one location to another. Some autonomous vehicles may require some initial input or continuous input from an operator, such as a pilot, driver, or passenger. Other systems, for example autopilot systems, may be used only when the system has been engaged, which permits the operator to switch from a manual mode (where the operator exercises a high degree of control over the movement of the vehicle) to an autonomous mode (where the vehicle essentially drives itself) to modes that lie somewhere in between.
The present application discloses embodiments that relate to an autonomous vehicle detecting cyclist hand signals. In one aspect, the present application describes a method. The method may involve a computing device receiving a plurality of data points corresponding to an environment of an autonomous vehicle. The method may also involve the computing device determining one or more subsets of data points from the plurality of data points, where the one or more subsets of data points are indicative of at least a body region of a cyclist. The method may further involve, based on an output of a comparison of the one or more subsets with one or more predetermined sets of cycling signals, the computing device determining an expected adjustment of one or more of a speed of the cyclist and a direction of movement of the cyclist. The method may still further involve, based on the expected adjustment, the computing device providing instructions to adjust one or more of a speed of the autonomous vehicle and a direction of movement of the autonomous vehicle.

matches:
v.
v.
§ 2
v.
v.
v.


One strategy that a patent owner can pursue in an IPR trial is to file a motion to amend seeking to replace one or more of the challenged claims with substitute claims that neither enlarge the scope of the claims nor introduce new subject matter. When a patent owner files such a motion, the petitioner is permitted to oppose the motion and argue why the substitute claims are not patentable. In a recent decision, the Board reaffirmed that the grounds available for a petitioner to attack the patentability of substitute claims are not limited to anticipation or obviousness, but rather can include other sections under the Patent Statute, including § 101.
In Amazon.com, Inc. v. Uniloc Luxembourg S.A., IPR2017-00948 (PTAB Jan. 18, 2019), Amazon and several other petitioners challenged claims 1-25 of a Uniloc patent. The Board instituted review, and during the trial Uniloc filed a contingent motion to amend seeking to replace three challenged claims with three substitute claims. In its final written decision, the Board denied Uniloc’s motion to amend because the substitute claims were directed to non-statutory subject matter under 35 U.S.C. § 101.
Following the Board’s final written decision, Uniloc requested rehearing, arguing that the Board lacked authority to hold substitute claims unpatentable based on any ground other than §§ 102 and 103. According to Uniloc, when the Federal Circuit overruled the Board’s practice of placing on the patent owner the burden of showing the patentability of proposed substitute claims in Aqua Products Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017) (en banc), it also foreclosed review of proposed substitute claims under § 101. While prior Board decisions had required a patent owner to address whether substitute claims were patent eligible under § 101, those cases, Uniloc argued, were dependent upon the Board’s now-overruled practice of placing the burden of proving patentability on the patent owner. With such an evidentiary burden no longer on the patent owner, the grounds for determining patentability, Uniloc argued, were limited by 35 U.S.C. § 311(b) to those grounds for which an IPR trial could be instituted in the first instance, i.e., §§ 102 and 103.
In its recent decision, the Board rejected Uniloc’s argument. It found that Aqua Products did not eliminate § 101 as a possible ground for finding substitute claims unpatentable. According to the Board, Aqua Products merely moved the burden of proving the patentability of substitute claims from the patent owner to the petitioner—the decision had no impact on what grounds were available for making that patentability determination. The Board then found that § 311(b) only limited the grounds available for challenging existing patent claims, but did not limit the grounds available for challenging substitute patent claims.
The Amazon.com decision reaffirmed the Board’s prior practice of considering sections of the Patent Statute beyond §§ 102 and 103 when assessing the patentability of substitute claims. While several prior Board decisions used the definiteness requirement of § 112 to reject substitute claims, the Amazon.com decision confirms that § 101 is also a viable ground for rejecting such claims. The decision thus makes clear that there are no statutory limits on the potential avenues for attacking substitute claims. For patent owners, the decision reinforces the need to carefully consider all potential patentability challenges before proposing substitute claims, while it offers petitioners additional ammunition to challenge such claims.
on the latest decisions and best practices, and what they mean for you. Learn more about the group and its members.


CHETNA PATHAK, et al., Defendants.
This case involves Plaintiff's claim to quiet title of a property in California. The Court has a duty to ensure that it has subject matter jurisdiction over the dispute before it, which is an issue it can raise at any time. See, e.g., Fed.R.Civ.P. 12(h)(3). On January 31, 2018, the Court ordered Plaintiff to show cause why the case should not be dismissed for lack of subject matter jurisdiction. Docket No. 3.Plaintiff has now filed a response, and a motion to transfer. Docket Nos. 4-5.
Federal courts are courts of limited jurisdiction and possess only that power authorized by the Constitution and statute. See Rasul v. Bush, 542 U.S. 466, 489 (2004). “A federal court is presumed to lack jurisdiction in a particular case unless the contrary affirmatively appears.” Stock West, Inc. v. Confederated Tribes of the Colville Reservation, 873 F.2d 1221, 1225 (9th Cir. 1989). “The party asserting federal jurisdiction bears the burden of proving that the case is properly in federal court.” McCauley v. Ford Motor Co., 264 F.3d 952, 957 (9th Cir. 2001) (citing McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936)).
Plaintiff has failed to meet his burden of showing subject matter jurisdiction. First, Plaintiff has not shown that diversity jurisdiction exists under 28 U.S.C. § 1332. In particular, diversity jurisdiction exists only if, inter alia, a plaintiff does not share the same state citizenship with any defendant (i.e., “complete diversity”). E.g., Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1095 (9th Cir. 2004). Plaintiff has not established that complete diversity exists here and, to the contrary, indicates that he and at least one of the defendants are Nevadans. Docket No. 5 at 2 (“Plaintiff is a citizen of the State of Nevada”); Docket No. 1 at 2, 11, and Docket No. 5 at 2 (identifying Defendant Amarylsis Development as a Nevada corporation).
Second, Plaintiff has not shown that federal question jurisdiction exists. Federal courts have original jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Cases “arise under” federal law either when federal law creates the cause of action or where the vindication of a right under state law necessarily turns on the construction of federal law. Republican Party of Guam v. Gutierrez, 277 F.3d 1086, 1088-89 (9th Cir. 2002). Whether federal-question jurisdiction exists is based on the “well-pleaded complaint rule, ” which provides that “federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint.” Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Plaintiff here brings a single claim to quiet title, Docket No. 1 at 14, premised on regulations established under California law, see, e.g., id. at 4 (alleging that homeowners association “did not follow California Code of Civil Procedure Section 1367.1”). No showing has been made that such claim turns in any way on federal law.
In short, Plaintiff has failed to establish federal subject matter jurisdiction in this case. The undersigned therefore RECOMMENDS that this case be DISMISSED for lack of jurisdiction. As a corollary, the undersigned further RECOMMENDS that Plaintiffs motion to transfer to federal court in California (Docket No. 5) be DENIED, as that court also lacks subject matter jurisdiction for the reasons identified above.
Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within 14 days of service of this document. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This Circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist, 708 F.2d 452, 454 (9th Cir. 1983).
 The Court also ordered Plaintiff to show cause why the case should not be dismissed for improper venue. Docket No. 3. In light of the findings herein, the Court need not address venue.
 The complaint is convoluted, and fails to clearly show the state citizenship of each defendant, including Plaintiff's ex-wife, Chetna Pathak.


text:
Yousefpour, R., Nabel, J. & Pongratz, J. (2019). Simulating growth-based harvest adaptive to future climate change. Biogeosciences 16, 241-254. doi:10.5194/bg-16-241-2019.
Winckler, J., Lejeune, Q., Reick, C. & Pongratz, J. (2019). Nonlocal effects dominate the global mean surface temperature response to the biogeophysical effects of deforestation. Geophysical Research Letters, doi:10.1029/2018GL080211.
C. Le Quéré et al.(2018). Global Carbon Budget 2018. Earth System Science Data, 10, 2141-2194. doi:10.5194/essd-2018-120.
Bastos, A., Friedlingstein, P., Sitch, S., Chen, C., Mialon, A., Wigneron, J.-P., Arora, V., Briggs, P., Canadell, J., Ciais, P., Chevallier, F., Cheng, L., Delire, C., Haverd, V., Jain, A., Joos, F., Kato, E., Lienert, S., Lombardozzi, D., Melton, J., Myneni, R., Nabel, J., Pongratz, J., Poulter, B., Rödenbeck, C., Séférian, R., Tian, H., van Eck, C., Viovy, N., Vuichard, N., Walker, A., Wiltshire, A., Yang, J., Zaehle, S., Zeng, N. & Zhu, D. (2018). Impact of the 2015-16 El Nino on the terrestrial carbon cycle constrained by bottom-up and top-down approaches. Philosophical Transactions of the Royal Society B373:20170304. doi:10.1098/rstb.2017.0304.
Grassi, G., House, J., Kurz, W., Cescatti, A., Houghton, R., Peters, G., Sanz, M., Viñas, R., Alkama, R., Arneth, A., Bondeau, A., Dentener, F., Fader, M., Federici, S., Friedlingstein, P., Jain, A., Kato, E., Koven, C., Lee, D., Nabel, J., Nassikas, A., Perugini, L., Rossi, S., Sitch, S., Viovy, N., Wiltshire, A. & Zaehle, S. (2018). Reconciling global model estimates and country reporting of anthropogenic forest CO2 sinks. Nature Climate Change, 8, 914-920. doi:10.1038/s41558-018-0283-x.
Heidkamp, M., Chlond, A., and Ament, F. (2018). Closing the energy balance using a canopy heat capacity and storage concept – a physically based approach for the land component JSBACHv3.11. Geosci. Model Dev. 11, 3465-3479, doi:10.5194/gmd-11-3465-2018.
Hirsch, A., Guillod, B., Seneviratne, S., Beyerly, U., Boysen, L., Brovkin, V., Davin, E., Doelman, J., Kim, H., Mitchell, D., Nitta, T., Shiogama, H., Sparrow, S., Stehfest, E., van Vuuren, D. & Wilson, S. (2018). Biogeophysical impacts of land use change on climate extremes in low emission scenarios: Results from HAPPI-Land. Earth's Future 6, 396-409. doi:10.1002/2017EF000744.
Kleinen, T. & Brovkin, V. (2018). Pathway-dependent fate of permafrost region carbon. Environmental Research Letters, 13: 094001. doi:10.1088/1748-9326/aad824.
Adloff, M., Reick, C. & Claussen, M. (2018). Earth system model simulations show different feedback strengths of the terrestrial carbon cycle under glacial and interglacial conditions. Earth System Dynamics, 9, 413-425. doi:10.5194/esd-9-413-2018.
Egerer, S., Claussen, M. & Reick, C. (2018). Rapid increase in simulated North Atlantic dust deposition due to fast change of northwest African landscape during Holocene. Climate of the Past, 14, 1051-1066. doi:10.5194/cp-14-1051-2018.
Groner, V., Raddatz, T., Reick, C. & Claussen, M. (2018). Plant functional diversity affects climate-vegetation interaction. Biogeosciences, 15, 1947-1968. doi:10.5194/bg-15-1947-2018.
Sonntag, S., Ferrer-Gonzalez, M., Ilyina, T., Kracher, D., Nabel, J., Niemeier, U., Pongratz, J., Reick, C. & Schmidt, H. (2018). Quantifying and comparing effects of climate engineering methods in the earth system. Earth's Future, 6, 149-168. doi:10.1002/2017EF000620.
Le Quéré, C., Andrew, R., Friedlingstein, P., Sitch, S., Pongratz, J., Manning, A., Korsbakken, J., Peters, G., Canadell, J., Jackson, R., Boden, T., Tans, P., Andrews, O., Arora, V., Bakker, D., Barbero, L., Becker, M., Betts, R., Bopp, L., Chevallier, F., Chini, L., Ciais, P., Cosca, C., Cross, J., Currie, K., Gasser, T., Harris, I., Hauck, J., Haverd, V., Houghton, R., Hunt, C., Hurtt, G., Ilyina, T., Jain, A., Kato, E., Kautz, M., Keeling, R., Klein Goldewijk, K., Körtzinger, A., Landschützer, P., Lefèvre, N., Lenton, A., Lienert, S., Lima, I., Lombardozzi, D., Metzl, N., Millero, F., Monteiro, P., Munro, D., Nabel, J., Nakaoka, S.-I., Nojiri, Y., Pad́ın, X., Peregon, A., Pfeil, B., Pierrot, D., Poulter, B., Rehder, G., Reimer, J., Rödenbeck, C., Schwinger, J., Séférian, R., Skjelvan, I., Stocker, B., Tian, H., Tilbrook, B., van der Laan-Luijkx, I., van der Werf, G., van Heuven, S., Viovy, N., Vuichard, N., Walker, A., Watson, A., Wiltshire, A., Zaehle, S. & Zhu, D. (2018). Global Carbon Budget 2017. Earth System Science Data, 10, 405-448. doi:10.5194/essd-10-405-2018.
Wang, J., Zeng, N., Wang, M., Jiang, F., Chen, J., Friedlingstein, P., Jain, A., Jiang, Z., Ju, W., Lienert, S., Nabel, J., Sitch, S., Viovy, N., Wang, H. & Wiltshire, A. (2018). Contrasting interannual atmospheric CO2 variabilities and their terrestrial mechanisms for two types of El Ninos. Atmospheric Chemistry and Physics, 18, 10333-10345. doi:10.5194/acp-18-10333-2018.
Wu, D., Ciais, P., Viovy, N., Knapp, A., Wilcox, K., Bahn, M., Smith, M., Vicca, S., Fatichi, S., Zscheischler, J., He, Y., Li, X., Ito, A., Arneth, A., Harper, A., Ukkola, A., Paschalis, A., Poulter, B., Peng, C., Ricciuto, D., Reinthaler, D., Chen, G., Tian, H., Genet, H., Mao,J., Ingrisch, J., Nabel, J., Pongratz, J., Boysen, L., Kautz, M., Schmitt, M., Meir, P., Zhu, Q., Hasibeder, R., Sippel, S., Dangal, S., Sitch, S., Shi, X., Wang, Y., Luo, Y., Liu, Y. & Piao, S. (2018). Asymmetric responses of primary productivity to altered precipitation simulated by ecosystem models across three long-term grassland sites. Biogeosciences, 15, 3421-3437. doi:10.5194/bg-15-3421-2018.
Kracher, D. (2017). Nitrogen-related constrains of carbon uptake by large-scale forest expansion: Simulation study for climate change and management scenarios, Earth’s Future 5. doi:10.1002/2017EF000622.
Rogers, A., Medlyn, B. E., Dukes, J. S., Bonan, G., von Caemmerer, S., Dietze, M. C., Kattge, J., Leakey, A. D. B., Mercado, L. M., Niinemets, Ü., Prentice, I. C., Serbin, S. P., Sitch, S., Way, D. A., Zaehle, S. (2017). A roadmap for improving the representation of photosynthesis in Earth system models. New Phytologist, 213(1), 22-42. doi:10.1111/nph.14283.
Kaiser, S., Göckede, M., Castro-Morales, K., Knoblauch, C., Ekici, A., Kleinen, T., Zubrzycki, S., Sachs, T., and Wille, C., Beer, C. (2017) Process-based modelling of the methane balance in periglacial landscapes with JSBACH, Geosci. Model Dev. 10, 333–358, doi: 10.5194/gmd-10-333-201.
Goll, D., Winkler, A., Raddatz, T., Dong, N., Prentice, I., Ciais, P. & Brovkin, V. (2017). Carbon-nitrogen interactions in idealized simulations with JSBACH (version 3.10). Geoscientific Model Development, 10, 2009-2030. doi:10.5194/gmd-10-2009-2017.
Kaiser, S., Göckede, M., Castro-Morales, K., Knoblauch, C., Ekici, A., Kleinen, T., Zubrzycki, S., Sachs, T. & Wille, C. (2017). Process-based modelling of the methane balance in periglacial landscapes (JSBACH-methane). Geoscientific Model Development, 10, 333-358. doi:10.5194/gmd-10-333-201.
Nyawira, S.-S., Nabel, J., Brovkin, V. & Pongratz, J. (2017). Input-driven versus turnover-driven controls of simulated changes in soil carbon from land-use change. Environmental Research Letters, 12(8): 084015. doi:10.1088/1748-9326/aa7ca9.
Egerer, S., Claussen, M., Reick, C. & Stanelle, T. (2017). Could gradual changes in Holocene Saharan landscape have caused the observed abrupt shift in North Atlantic dust deposition?. Earth and Planetary Science Letters, 473, 104-112. doi:10.1016/j.epsl.2017.06.010.
Winckler, J., Reick, C. & Pongratz, J. (2017). Robust identification of local biogeophysical effects of land-cover change in a global climate model. Journal of Climate, 30, 1159-1176. doi:10.1175/JCLI-D-16-0067.1.
Winckler, J., Reick, C. & Pongratz, J. (2017). Why does the locally induced temperature response to land cover change differ across scenarios?. Geophysical Research Letters, 44, 3833-3840 . doi:10.1002/2017GL07251.
Arneth, A., Sitch, S., Pongratz, J., Stocker, B., Ciais, P., Poulter, B., Bayer, A., Bondeau, A., Calle, L., Chini, L., Gasser, T., Fader, M., Friedlingstein, P., Kato, E., Li, W., Lindeskog, M., Nabel, J., Pugh, T., Robertson, E., Viovy, N., Yue, C. & Zaehle, S. (2017). Historical carbon dioxide emissions caused by land-use changes are possibly larger than assumed. Nature Geoscience, 10, 79-84. doi:10.1038/ngeo2882.
Li, W., Ciais, P., Peng, S., Yue, C., Wang, Y., Thurner, M., Saatchi, S., Arneth, A., Avitabile, V., Carvalhais, N., Harper, A., Kato, E., Koven, C., Liu, Y., Nabel, J., Pan, Y., Pongratz, J., Poulter, B., Pugh, T., Santoro, M., Sitch, S., Stocker, B., Viovy, N., Wiltshire, A., Yousefpour, R. & Zaehle, S. (2017). Land-use and land-cover change carbon emissions between 1901 and 2012 constrained by biomass observations. Biogeosciences, 14, 5053-5067. doi:10.5194/bg-14-5053-2017.
Nyawira, S.-S., Nabel, J., Brovkin, V. & Pongratz, J. (2017). Input-driven versus turnover-driven controls of simulated changes in soil carbon from land-use change. Environmental Research Letters, 12 (8): 084015. doi:10.1088/1748-9326/aa7ca9.
Lasslop, G., Brovkin, V., Reick, C., Bathiany, S.* & Kloster, S.* (2016). Multiple stable states of tree cover in a global land surface model due to a fire-vegetation feedback. Geophysical Research Letters 43, 6324-6331, doi:10.1002/2016GL069365.
Knauer, J., Zaehle, S., Reichstein, M., Medlyn, B. E., Forkel, M., Hagemann, S., Werner, C. (2016). The response of ecosystem water-use efficiency to rising atmospheric CO_2 concentrations: sensitivity and large-scale biogeochemical implications. New Phytologist. doi:10.1111/nph.14288.
Schürmann, G., Kaminski, T., Köstler, C., Carvalhais, N., Voßbeck, M., Kattge, J., Giering, R., Rödenbeck, C., Heimann, M., Zaehle, S. (2016). Constraining a land-surface model with multiple observations by application of the MPI-Carbon Cycle Data Assimilation System V1.0. Geoscientific Model Development, 9(9), 2999-3026. doi:10.5194/gmd-9-2999-2016.
S. Egerer, M. Claussen, C. Reick & T. Stanelle (2016). The link between marine sediment records and changes in Holocene Saharan landscape: simulating the dust cycle, Climate of the Past 12, 1009-1027, doi:10.5194/cp-12-1009-2016.
P. de Vrese., S. Hagemann and M. Claussen (2016). Asian Irrigation, African Rain: Remote Impacts of Irrigation, Geophys. Res. Letters 43, doi:10.1002/2016GL068146.
P. de Vrese and S. Hagemann (2016) Explicit representation of spatial sub-grid scale heterogeneity in an ESM, J. Hydrometeorol. 17, 1357-1371, doi: 10.1175/JHM-D-15-0080.1.
P. de Vrese, J.-P. Schulz and S. Hagemann (2016), On the representation of heterogeneity in land surface-atmosphere coupling, Boundary Layer Meteor, doi 10.1007/s10546-016-0133-1.
Y. Gao, T. Markkanen, T. Thum, M. Aurela, A. Lohila, I. Mammarella, M. Kämäräinen, S. Hagemann and T. Aalto (2016), Assessing various drought indicators in representing drought in boreal forests in Finland, Hydrol. Earth Syst. Sci. 20, 175-191, doi:10.5194/hess-20-175-2016.
T. Stacke and S. Hagemann (2016), Life time of soil moisture perturbations in a coupled land-atmosphere simulation, Earth Syst. Dyn. 7, 1-19, doi:10.5194/esd-7-1-2016.
Porada, P., Ekici, A., and Beer, C. (2016) Effects of bryophyte and lichen cover on permafrost soil temperature at large scale, The Cryosphere 10, 2291-2315, doi: 10.5194/tc-10-2291-2016.
Hagemann, S., T. Blome, A. Ekici and C. Beer, Soil-frost-enabled soil-moisture–precipitation feedback over northern high latitudes (2016) Earth Syst. Dynam. 7, 611-625.
McGuire, A. D., Koven, C., Lawrence, D. M., Clein, J. S., Xia, J., Beer, C., Burke, E., Chen, G., Chen, X., Delire, C., Jafarov, E., MacDougall, A. H., Marchenko, S., Nicolsky, D., Peng, S., Rinke, A., Saito, K., Zhang, W., Alkama, R., Bohn, T. J., Ciais, P., Decharme, B., Ekici, A., Gouttevin, I., Hajima, T., Hayes, D. J., Ji, D., Krinner, G., Lettenmaier, D. P., Luo, Y., Miller, P. A., Moore, J. C., Romanovsky, V., Schädel, C., Schaefer, K., Schuur, E. A., Smith, B., Sueyoshi, T., and Zhuang, Q. (2016) Variability in the sensitivity among model simulations of permafrost and carbon dynamics in the permafrost region between 1960 and 2009, Global Biogeochemical Cycles 30, 1015-1037, doi:10.1002/2016GB005405.
Brovkin, V., Brücher, T., Kleinen, T., Zaehle, S., Joos, F., Roth, R., Spahni, R., Schmitt, J., Fischer, H., Leuenberger, M., Stone, E., Ridgwell, A., Chappellaz, J., Kehrwald, N., Barbante, C., Blunier, T. & Dahl Jensen, D. (2016). Comparative carbon cycle dynamics of the present and last interglacial. Quaternary Science Reviews, 137, 15-32. doi:10.1016/j.quascirev.2016.01.028.
Nyawira, S.-S., Nabel, J., Don, A., Brovkin, V. & Pongratz, J. (2016). Soil carbon response to land-use change: evaluation of a global vegetation model using observational meta-analyses. Biogeosciences, 13, 5661-5675. doi:10.5194/bg-13-5661-2016.
Port, U., Claussen, M. & Brovkin, V. (2016). Radiative forcing and feedback by forests in warm climates – a sensitivity study. Earth System Dynamics, 7, 535-547. doi:10.5194/esd-7-535-2016.
Le Quéré, C., Andrew, R., Canadell, J., Sitch, S., Korsbakken, J., Peters, G., Manning, A., Boden, T., Tans, P., Houghton, R., Keeling, R., Alin, S., Andrews, O., Anthoni, P., Barbero, L., Bopp, L., Chevallier, F., Chini, L., Ciais, P., Currie, K., Delire, C., Doney, S., Friedlingstein, P., Gkritzalis, T., Harris, I., Hauck, J., Haverd, V., Hoppema, M., Goldewijk, K., Jain, A., Kato, E., Körtzinger, A., Landschützer, P., Lefèvre, N., Lenton, A., Lienert, S., Lombardozzi, D., Melton, J., Metzl, N., Millero, F., Monteiro, P., Munro, D., Nabel, J., Nakaoka, S.-i., O'Brien, K., Olsen, A., Omar, A., Ono, T., Pierrot, D., Poulter, B., Rödenbeck, C., Salisbury, J., Schuster, U., Schwinger, J., Séférian, R., Skjelvan, I., Stocker, B., Sutton, A., Takahashi, T., Tian, H., Tilbrook, B., van der Laan-Luijkx, I., van der Werf, G., Viovy, N., Walker, A., Wiltshire, A. & Zaehle, S. (2016). Global Carbon Budget 2016. Earth System Science Data, 8, 605-649. doi:10.5194/essd-8-605-2016.
Zhang, Y., Xiao, X., Guanter, L., Zhou, R., Ciais, P., Joiner, J., Sitch, S., Wu, X., Nabel, J., Dong, J., Kato, E., Jain, A., Wiltshire, A. & Stocker, B. (2016). Precipitation and carbon-water coupling jointly control the interannual variability of global land gross primary production. Scientific Reports, 6: 39748. doi:10.1038/srep39748.
Hantson, S., Lasslop, G., Kloster, S., and Chuvieco, E. (2015), Anthropogenic effects on global mean fire size, International Journal of Wildland Fire 24, 589-596 , doi:10.1071/WF14208.
G. Lasslop and S. Kloster (2015), Impact of fuel variability on wildfire emission estimates, Atmospheric Environment 121, 93-102, doi:10.1016/j.atmosenv.2015.05.040.
Brücher, T., Claussen, M. & Raddatz, T. (2015), Implications of land use changes in tropical West Africa under global warming, Earth System Dynamics 6, 769-780.
J. Knauer, C. Werner, and S. Zaehle (2015). Evaluating stomatal models and their atmospheric drought response in a land surface scheme: A multibiome analysis, J. Geophys. Res. Biogeosci. 120, doi:10.1002/2015JG003114.
Peltoniemi M., Markkanen T., Härkönen S., Muukkonen P., Thum T., Aalto T. & Mäkelä A. (2015). Consistent estimates of gross primary production of Finnish forests — comparison of estimates of two process models. Boreal Env. Res. 20: 196–212.
Törmä M., Markkanen T., Hatunen S., Härmä P., Mattila O.-P. & Arslan A.N. (2015). Assessment of land-cover data for land-surface modelling in regional climate studies. Boreal Env. Res. 20: 243–260.
Ekici, A., S. Chadburn, N. Chaudhary, L. H. Hajdu, A. Marmy, S. Peng, J. Boike, E. Burke, A. D. Friend, C. Hauck, G. Krinner, M. Langer, P. A. Miller, and C. Beer (2015) Site-level model intercomparison of high latitude and high altitude soil thermal dynamics in tundra and barren landscapes, The Cryosphere 9, 1343-136.
Baudena, M., Dekker, S., van Bodegom, P., Cuesta, B., Higgins, S., Lehsten, V., Reick, C., Rietkerk, M., Scheiter, S., Yin, Z., Zavala, M. & Brovkin, V. (2015). Forests, savannas and grasslands: bridging the knowledge gap between ecology and Dynamic Global Vegetation Models. Biogeosciences, 12, 1833-1848. doi:10.5194/bg-12-1833-2015.
Goll, D., Brovkin, V., Liski, J., Raddatz, T., Thum, T. & Todd-Brown, K. (2015). Strong dependence of CO2 emissions from anthropogenic land cover change on soil carbon parametrization and initial land cover. Global Biogeochemical Cycles, 29, 1511-1523. doi:10.1002/2014GB004988.
Le Quéré, C., Moriarty, R., Andrew, R., Canadell, J., Sitch, S., Korsbakken, J., Friedlingstein, P., Peters, G., Andres, R., Boden, T., Houghton, R., House, J., Keeling, R., Tans, P., Arneth, A., Bakker, D., Barbero, L., Bopp, L., Chang, J., Chevallier, F., Chini, L., Ciais, P., Fader, M., Feely, R., Gkritzalis, T., Harris, I., Hauck, J., Ilyina, T., Jain, A., Kato, E., Kitidis, V., Goldewijk, K., Koven, C., Landschützer, P., Lauvset, S., Lefèvre, N., Lenton, A., Lima, I., Metzl, N., Millero, F., Munro, D., Murata, A., Nabel, J., Nakaoka, S., Nojiri, Y., O'Brien, K., Olsen, A., Ono, T., Pérez, F., Pfeil, B., Pierrot, D., Poulter, B., Rehder, G., Rödenbeck, C., Saito, S., Schuster, U., Schwinger, J., Séférian, R., Steinhoff, T., Stocker, B., Sutton, A., Takahashi, T., Tilbrook, B., van der Laan-Luijkx, I., van der Werf, G., van Heuven, S., Vandemark, D., Viovy, N., Wiltshire, A., Zaehle, S. & Zeng, N. (2015). Global Carbon Budget 2015. Earth System Science Data, 7, 349-396. doi:10.5194/essd-7-349-2015.
Ekici, A., C. Beer, S. Hagemann, J. Boike, M. Langer and C. Hauck, 2014. Simulating high latitude permafrost regions by the JSBACH terrestrial ecosystem model. Geosci. Model Dev. 7: 631-647.
Hagemann, S., and T. Stacke, 2014. Impact of the soil hydrology scheme on simulated soil moisture memory. Clim. Dyn., doi:10.1007/s00382-014-2221-6.
Lasslop, G., Thonicke, K., & Kloster, S. (2014). SPITFIRE within the MPI Earth system model: Model development and evaluation. Journal of Advances in Modeling Earth Systems, avaialable online.
Wilkenskjeld, S., S. Kloster, J. Pongratz, T. Raddatz, and C. H. Reick: Comparing the influence of net and gross anthropogenic land-use and land-cover changes on the carbon cycle in the MPI-ESM, Biogeosciences, 11, 4817-4828, 2014, doi:10.5194/bg-11-4817-2014.
Bathiany, S., Claussen, M. & Brovkin, V. (2014). CO2-induced Sahel greening in CMIP5 Earth System Models. Journal of Climate, 27, 7163-7184. doi:10.1175/JCLI-D-13-00528.1.
Arora, V. K., Boer, G. J., Friedlingstein, P., Eby, M., Jones, C. D., Christian, J. R., Bonan, G., Bopp, L., Brovkin, V., Cadule, P., Hajima, T., Ilyina, T., Lindsay, K., Tjiputra, J. F., Wu, T., 2013. Carbon-concentration and carbon-climate feedbacks in CMIP5 Earth system models. Journal of Climate, 26, 5289-5314, doi: dx.doi.org/10.1175/JCLI-D-12-00494.1.
Brovkin, V., Boysen, L., Arora, V. K., Boisier, J., Cadule, P., Chini, L., Claussen, M., Friedlingstein, P., Gayler, V., van den Hurk, B., Hurtt, G., Jones, C., Kato, E., de Noblet-Ducoudré, N., Pacifico, F., Pongratz, J., & Weiss, M., 2013. Effect of anthropogenic land-use and land cover changes on climate and land carbon storage in CMIP5 projections for the 21st century. Journal of Climate, 26, 6859-6881.
Claussen, M., Selent, K., Brovkin, V., Raddatz, T., and Gayler, V.: Impact of CO2 and climate on Last Glacial maximum vegetation – a factor separation, Biogeosciences, 10, 3593-3604, doi:10.5194/bg-10-3593-2013, 2013.
Giorgetta, M. A., Jungclaus, J. H., Reick, C. H., Legutke, S., Brovkin, V., Crueger, T., Esch, M., Fieg, K., Glushak, K., Gayler, V., Haak, H., Hollweg, H.-D., Ilyina, T., Kinne, S., Kornblueh, L., Matei, D., Mauritsen, T., Mikolajewicz, U., Mueller, W. A., Notz, D., Raddatz, T., Rast, S., Redler, R., Roeckner, E., Schmidt, H., Schnur, R., Segschneider, J., Six, K., Stockhause, M., Wegner, J., Widmann, H., Wieners, K.-H., Claussen, M., Marotzke, J., Stevens, B., 2013. Climate and carbon cycle changes from 1850 to 2100 in MPI-ESM simulations for the coupled model intercomparison project phase 5. Journal of Advances in Modeling Earth Systems, 5, 572-597.
Hagemann, S., A. Loew, A. Andersson, 2013: Combined evaluation of MPI-ESM land surface water and energy fluxes. J. Adv. Model. Earth Syst., 5: 259-286, doi:10.1029/2012MS000173.
Jones, C., Robertson, E., Arora, V., Friedlingstein, P., Shevliakova, E., Bopp, L., Brovkin, V., Hajima, T., Kato, E., Kawamiya, M., Liddicoat, S., Lindsay, K., Reick, C. H., Roelandt, C., Segschneider, J., Tjiputra, J., 2013. 21st century compatible CO2 emissions and airborne fraction simulated by CMIP5 earth system models under 4 representative concentration pathways. Journal of Climate, 26, 4398 -4413, doi: dx.doi.org/10.1175/JCLI-D-12-00554.1.
Reick, C.H., T. Raddatz, V. Brovkin, and V. Gayler, 2013, The representation of natural and anthropogenic land cover change in MPI-ESM, Journal of Advances in Modeling Earth Systems, 5 (3), 459–482. doi: 10.1002/jame.20022.
Schneck, R., Reick, C., and Raddatz, T. (2013) Land contributions to natural CO2 variability on time scales of centuries. Journal of Advances in Modeling Earth Systems, 5, 354-365. doi:10.1002/jame.20029.
Seneviratne, S., Wilhelm, M., Stanelle, T., van den Hurk, B., Hagemann, S., Berg, A., Cheruy, F., Higgins, M. E., Meier, A., Brovkin, V., Claussen, M., Dufresne, J.-L., Findell, K., Lawrence, D. M., Malyshev, S., Smith, B., 2013. Impact of soil moisture-climate feedbacks on CMIP5 projections: First results from the GLACE-CMIP5 experiment. Geophysical Research Letters, 40.
Verheijen, L. M., Brovkin, V., Aerts, R., Bönisch, G., Cornelissen, J. H. C., Kattge, J., Reich, P. B., Wright, I. J., and van Bodegom, P. M.: Impacts of trait variation through observed trait–climate relationships on performance of an Earth system model: a conceptual analysis, Biogeosciences, 10, 5497-5515, doi:10.5194/bg-10-5497-2013, 2013.
Roeckner, E., M. A. Giorgetta, T. Crueger, M. Esch, and J. Pongratz. Historical and future anthropogenic emission pathways derived from coupled climate-carbon cycle simulations. In: Climatic Change, 105, 91-108 (2011). doi:10.1007/s10584-010-9886-6.

matches: V. V. V. V. V. V. V. V. V. V. V. V.