Archive for December, 2012

December 24th, 2012

Green Patent Blog is on vacation.

Happy Holidays!

Shaping IP Rights in SCADA Systems to Benefit Wind Turbine Purchasers

December 21st, 2012

As the sales of wind turbines increase, it is likely that the disputes between suppliers and purchasers will also increase.  Wind turbines encompass a variety of tangible and intangible components, including the software necessary for operations and maintenance.

One contractual issue that turbine suppliers and purchasers may dispute is what the supplier believes is proprietary information, but the purchaser and now owner, believes is necessary to the turbine operation and maintenance and to protect its investment after the warranty period expires.

After the sale of a wind turbine, but during the warranty period, the supplier is responsible for ensuring the turbine is operating successfully and the purchaser of a wind turbine is often provided access to the wind turbine data necessary for maintenance and monitoring of systems.

This includes the software licenses utilized by the supplier for remote monitoring, which is typically referred to as the Supervisory Control And Data Acquisition (“SCADA”) system.  Consequently, when the warranty period expires, and the supplier withholds the SCADA information, the purchaser is left in a bind.

Following the expiration of a wind turbine’s warranty period, the purchaser of the turbine should be granted unrestricted and full access to the SCADA system, software, and access codes for automated control capabilities in order to effectively and efficiently perform on-going maintenance and monitoring, to resolve and restore turbine operations following fault conditions to ensure wind turbines meet investment objectives, and comply with permits and grid control requirements.

Generally, SCADA systems allow remote access to a device to monitor and maintain the device.  For example, the OnStar® system used by General Motors (“GM”) in its vehicles would likely be considered a SCADA system.  For a monthly fee, OnStar® remotely monitors and accesses the vehicle, and includes features such as “automatic crash response,” where the system automatically sends information to a remote center in the event of a collision; vehicle diagnostic and maintenance information; and the ability to remotely shut down a stolen vehicle.

Now imagine you purchased a GM vehicle equipped with OnStar®.  Assume the information provided by OnStar® was necessary to the vehicle’s operation and maintenance.  You enjoyed all of the features of OnStar®, but after the OnStar® warranty expired, you wanted to switch to another (fictional) company, MonITor.

However, GM was unwilling to provide you, or MonITor, the information necessary to access the vehicle’s software system.  And, without the access codes to the software, you were unable to use the vehicle.  In other words, without OnStar®, you did not have a vehicle, but merely a nice place to sit.  However, GM was willing to extend your existing OnStar® contract with them, for a fee of course.

Currently, some wind turbine owners face a similar situation. In these cases, the wind turbine purchaser is comparable to the vehicle owner.  During the warranty period, the purchaser is (1) granted a limited right to use the software supplied; (2) provided access to the turbine data necessary for maintaining and monitoring systems; and (3) provided access to the codes and software licenses utilized by the supplier for performing services such as remote monitoring and reports.

If the turbine is not operating, or not operating efficiently, the purchaser needs access to the SCADA system to restore the turbine to peak operating conditions, and to ensure it’s meeting the regulatory requirements for operating the turbine or the owner will lose money on its investment.

Some SCADA systems for wind turbines are protected by patents.  For example, GE owns U.S. Patent 7,013,203, which claims “[a] supervisory command and data acquisition (SCADA) system to manage a wind farm.”

SCADA system software should be protected under patent law and doctrine because the combination of patent protection and patent exhaustion would balance the rights of turbine suppliers and owners.

As stated in the Supreme Court’s Quanta Computer opinion, the patent exhaustion doctrine,  “provides the initial authorized sale of a patented item terminates all patent rights to that item.”

In Quanta, the Court held that the doctrine of patent exhaustion applies to the authorized sale of a components that “substantially embody” a method patent and reaffirmed that “the right to vend is exhausted by a single, unconditional sale, the article sold being thereby carried outside the monopoly of the patent law and rendered free of every restriction which the vendor may attempt to put on it.”

This situation, in which the purchaser of a wind turbine was merely granted a non-exclusive license to use copyrighted SCADA software, is comparable to the Quanta case.  First, for the sale of the wind turbine itself, the patent exhaustion doctrine “provides that the initial authorized sale of a patented item terminates all patent rights to that item.”

The sales of wind turbines as tangible products that incorporated method patents, such as the SCADA software, should exhaust the wind turbine supplier’s patent rights (or copyright) because the purchaser cannot practice the wind turbine, nor does it function at all, until the wind turbines are combined with a computer system.  Thus, the wind turbines substantially embodied the SCADA system software because they had no reasonable noninfringing use and included all of the inventive aspects of the patented methods.

Secondly, the  SCADA license should be comparable to the license of a method patent and patent exhaustion should apply, even if the software is copyrighted.  Here, the SCADA system software is comparable to a method patent, and patent holders could avoid exhaustion by using copyrights, when they should use patents to protect the SCADA software.

Thus, the patent exhaustion doctrine should apply, and the sale of the software in the presumably patented wind turbine should exhaust the rights to the software, even if it is protected under copyright law.

The wind turbine supplier certainly has the right to protect proprietary information, but it is the purchaser who has the most to lose.  The purchaser has a substantial investment in the tangible wind turbine itself, and needs the ability to continue operating and maintaining the turbine after the warranty period expires.  Without access to the necessary information, the pruchaser might be unjustly forced to continue its contract with the supplier.

The patent exhaustion doctrine should be used for SCADA software purchased in conjunction with a wind turbine, which will necessarily change the type of enforcement of intellectual property rights available to companies for licenses of SCADA software sold in conjunction with wind turbines.

*Sara Kelley is currently in her third and final year at Thomas Jefferson School of Law in San Diego.  She received her undergraduate degree in Civil Engineering from San Diego State University.

This is the third of three posts highlighting work by students who took my seminar class – Green Technology, Climate Change, and Intellectual Property Law –  this semester at Thomas Jefferson School of Law.  – Ed.

Are the FTC Green Guides a Solution to Reverse Greenwashing?

December 20th, 2012

Greenwashing, the concept of self-promotion through misrepresenting the greenness of one’s own product, has been well documented (see, e.g., here and here).

This ploy is designed to take advantage of green consumers, captivating their attention by falsely promoting how a company’s product might have been made or how it can be disposed of, including false or exaggerated claims of the “greenness” of the production process or the product’s recyclability.

There are protections already in place that are designed to punish and deter such practice.  However, greenwashing might be just half of the problem.  In recent years, a newer, equally disturbing trend has emerged in the green marketplace. This unfortunate trend has been dubbed “reverse greenwashing.”

Much like greenwashing, reverse greenwashing is a process of misrepresenting or misshaping facts to promote sales.  However, unlike greenwashing, reverse greenwashing is the process of misrepresenting facts relating to someone else’s products – downplaying or attacking the “greenness” of that other product in an effort to boost the credibility and sales of one’s own product.

There are several severe consequences to allowing rampant reverse greenwashing to occur. Most notably, there is a potential massive evasion of consumption by the victim company’s target market, the green consumers, which could seemingly cripple that company’s bottom line.

Much like greenwashing, rampant, unchecked reverse greenwashing could reward a company for promoting its product in all the wrong ways, resulting in a harming of those consumers who were duped into purchasing one product at the expense of another’s.

Lastly, the environment could be harmed by these reverse greenwashing strategies, as consumers could potentially be avoiding the purchase of actual green and environmentally safe products and instead result in the purchase of products that might be less green than originally thought.

These are just some of the potential ill effects of greenwashing – which begs the question, how can we protect consumers and the environment from reverse green washing?

The Federal Trade Commission, an independent agency of the U.S. government responsible for consumer protection introduced the “Green Guides” in 1992.  These Green Guides were created to ensure fair practice methods, requiring marketers of green products to substantiate the claims regarding their products, in effect protecting consumers from the ill effects of green washing.  Multiple revisions have been made to these Green Guides, most recently in October of 2012.

However, the question remains, do the Green Guides apply in the context of reverse greenwashing?  Due to the suddenness of the trend and lack of case law involving issues of reverse greenwashing, this question has yet to be definitively answered.

The most recent and most publicized case involving claims of reverse greenwashing was that of Hilex Company v. ChicoEco, in which ChicoEco, maker of the popular ChicoBag, was accused of misrepresentating claims regarding the environmental impact of single use plastic bags in order to boost their own sales.

However, this case settled just months after the filing of the complaint, never resolving the issue of whether these Green Guides actually apply in the context of reverse green washing.

Due to the recency of this trend, there has not been much discussion on the topic of protecting potential victims of reverse green washing.  The Guides were originally designed to buck the trend of greenwashing.

Although the Green Guides have not specifically addressed reverse greenwashing, there is some language in the guides and later revisions that might lead a reasonable person to believe that they could be interpreted to intend to prevent this variation on greenwashing.

More particularly, the General Principles of the 2012 Green Guides are covered in section 260.3 and state that the Guides apply to all environmental marketing claims:

            [t]he following general principles apply to all environmental marketing claims…

A reasonable interpretation is that this language is intended to include all or every type of environmental claim, not just greenwashing, but can extend to the context of reverse greenwashing as well.  Without further reading of the Guides, a simple conclusion can be made, which is that these guides must have meant to address reverse greenwashing.  After all, what language is more inclusive than the word all?

Unlike the previous versions of the Guides published in 1992, 1996, and 1998, the 2012 Guides include specific examples of the types of claims that are being discussed under the headings.  The 2012 guides are substantially more in depth than the previous editions, with the newest revisions being six times larger than the previous revision made in 1998.

Most relevant to this discussion is Section 260.3(d), which addresses General Principles and Comparative Claims.  This section was not included in the previous versions of the guides.

The language of this section states:

comparative environmental marketing claim should be clear to avoid consumer confusion about the comparison.  Marketers should have substantiation for the comparison.  (emphasis added).

The Guides also provide several examples of the types of claims these cover.  Example 3 under 260.3(d) states as follows:

An advertiser claims that its packaging creates “less waste than the leading national brand.” The advertiser implemented the source reduction several years ago and supported the claim by calculating the relative solid waste contributions of the two packages. The advertiser should have substantiation that the comparison remains accurate. (emphasis added).

Is this the Federal Trade Commission’s attempt at addressing the issue of reverse greenwashing?  Or is “less than the leading national brand” too generic of an example?

The Hilex complaint addresses multiple specific claims made by ChicoBag regarding the adverse environmental effects of Hilex’s plastic bags.   Hilex, however, brought suit in 2011 – a year before these Guides were officially published.  Their only basis of contention that the Green Guides address reverse greenwashing could be under the 1998 Guides’ 260.3’s General Provisions.

Per Roscoe B. Starek, III, past Commissioner of the FTC:

“…comparative claims should be clear so that consumers know whether the comparison is to a previous version of the advertiser’s product or to a competitor’s product.”

Is this the Federal Trade Commission’s attempt at addressing reverse greenwashing?  It is very difficult to tell, as this statement and the Green Guides’ 2010 proposed revisions came out prior to the Hilex case.   Therefore, they were likely speaking more in generalities rather than addressing a specific trend of reverse greenwashing.

Although the FTC seemingly tailored these guides to avoid trends of greenwashing in the 1990’s, the numerous revisions over the years show the FTC’s growing concern about consumer protection.  Although the language of the guides make it clear that the Guides should apply in the context of reverse greenwashing, we must patiently await a Court decision that suggests that they, in fact, do apply.

In any event, the Federal Trade Commission should revise the Green Guides to specifically address reverse greenwashing, as it has always been the intent of the Federal Trade Commission to address any and all issues arising in the green advertising context to make the Green Guides as comprehensive and as clear as possible.

*Brandon Simon is currently in his third and final year at Thomas Jefferson School of Law and is a senior law clerk at The Simon Law Group, LLP a practice dedicated solely to personal injury. He received his undergraduate degree in Business Administration in 2009 from George Washington University.

When Will Nuclear Go Green?: Why We Should Recycle Fuel Rods

December 19th, 2012

This country has started to pay a lot of attention to solar, wind, and clean coal technologies.  But why does nuclear get shunned from the spotlight?

The United States gets 20 percent of its energy from nuclear power, third behind coal and natural gas. How many ads have you seen for “clean coal” or natural gas in the last year? But when was the last time anyone saw an ad on television for recycling nuclear fuel?

The most basic of environmental actions is recycling, but unlike other countries, we do not recycle our fuel rods. Instead of recycling the fuel rods, new material is mined, enriched, and used as fuel.

With a limited supply of natural resources, and the consumption of resources to store the used fuel, we need make this source of power more environmentally friendly. One of the most basic paths to reducing environmental impact is recycling.

I.  Why Recycle?

Nuclear reactors use only five percent of the fissionable material in a fuel rod. However, instead of putting that 95 percent to use generating power, the United States puts it in temporary storage. As of 2011, 65,000 metric tons of nuclear fuel rods are being stored in the U.S., almost all at the individual reactor sites.

If the technology exists and is safely being used by our international friends, and the U.S. thinks of itself as a world leader, why are we not recycling? It is estimated that if we recycled the fuel rods that are currently seen as waste, we would have enough energy to power the entire country for more than 12 years. That is a lot of fossil–free energy

Nuclear power is in use in over 30 countries. The technology to recycle nuclear fuel exists, and in use in six countries today – but not in the country that essentially started the nuclear field. France gets 78 percent of their power from nuclear energy. They recycle their fuel, are not in the news for nuclear incidents or security issues.

In the United Kingdom, it is a similar story. They get 19 percent of their power from nuclear energy and they recycle.

2.  The Opposition

Unfortunately, the nuclear industry suffers from a stigma in this country. Part of this stigma goes back to the fact that nuclear power was introduced to this country as a weapon – something to be feared. In many ways that fear persists today, and has hampered our implementation of newer technologies. Technology born in this country, and improved upon and implemented in other countries, should come home.

At one point, not recycling was a political decision. In 1976, the Federal government banned nuclear recycling. At that time, there was a national security concern involving nuclear energy. Considering the time – the cold war – it is understandable. The laws have since changed, but not the mindset. The country – the world – is going green, and it is time for our nuclear energy program to get with the times.

There are two major points of opposition to recycling spent fuel. The first is cost, and the second is security – specifically proliferation of plutonium. While both are legitimate concerns, their magnitude is not as significant as they claim to be.

There are some that argue that the cost of recycling nuclear fuel is too high. Then again, there are people that say the cost of alternative energy is too high. Yet, as a society, we have decided that the benefits of alternative energy outweigh the upfront costs of design and implementation, as well as the increased cost of the power.

But the government needs to help. Recently, the United States government spent $1.5 billion to support renewable energy, but spent over twice as much to support fossil fuels. If the government continues to favor fossil fuels, going green will be even harder.

The cost of designing, licensing, constructing/modifying, and operating a facility to recycle nuclear fuel rods is high. However, just like alternative energy, it is done for the greater good – to help the environment. Just like recycling of other products, there is less mining, transportation, and waste.

By lowering the amount of mining and waste, there is a benefit to society and the environment. That benefit is hard to put into dollars, yet we seen past that issue for solar and wind energy.

III.  The Technology

As with most things, there is more than one approach to nuclear recycling. One approach is to recycle the current stockpile of spent fuel. This is referred to as reprocessing, and is currently being done outside the U.S. using the PUREX process.

The second approach is a closed cycle reactor system. A closed cycle design incorporates recycling into the process so that the fuel is regenerated. This is a called a “breeder” reactor for its ability to create its own fuel.

A.  Reprocessing

The technology to reprocess spent nuclear fuel has been around for over 65 years. In 1960, the Atomic Energy Commission (predecessor of the U.S. Department of Energy) was granted U.S. Patent No. 2,924,506 (‘506 Patent) from an application filed in 1947.

The ‘506 Patent is for an extraction process using a solvent–based solution to separate plutonium from an aqueous solution. In essence, the process separates usable materials from transuranic waste and other elements generated during nuclear fission so the usable materials can be reprocessed into new fuel rods.

Despite the fact that commercial reprocessing is not done in the United States, the DOE is funding work on technology related to reprocessing nuclear fuel. This work is typically done at the national laboratories, specifically Idaho National Laboratory, Oak Ridge National Lab, and Argonne National Laboratory.

The ‘506 Patent is just one of the 151 patents DOE has been granted since 1956 involving nuclear fuel reprocessing, for technologies range from the processes and chemical solutions, to the containers for the fuel rods.

The ‘506 patent is cited as prior art for three patents, two of which are important technological offshoots. In 1976, the United Kingdom Atomic Energy Authority was granted U.S. Patent No. 3,959,435 (‘435 Patent). This patent uses a nitric acid solution to reduce the mount of tributyl phosphate used in the PUREX process.

In 1984, Kernforschungszentrum Karlsruhe GmbH in Germany was granted U.S. Patent No. 4,442,071 (‘071 Patent). This innovation changes the PUREX process to utilize sulfuric acid. While these two variants of the PUREX process are not compatible, both have provided a basis for a significant number of future patents.

Battelle LLC, with DOE provided funding, recently filed U.S. Patent Application Publication No. 2011/0250108. This patent application claims the invention improves the reprocessing of fuel used in light water reactors by reducing the number of steps, making the process safer, and reducing cost.

There are modifications to the PUREX process designed for specific purposes. TRUEX is a modified PUREX process that removes transuranics (TRU) during reprocessing. This process was created in the U.S., and two of the patents came out of Argonne National Laboratory (U.S. Patent Nos. 4,548,790 and 4,574,072).

DIAMEX (DIAMideEXtraction) process uses different chemicals to avoid the creation of gases that could lead to acid rain. The DIAMEX process is a French innovation, and patented in the U.S. under U.S. Patent Nos. 4,572,802 and 4,938,871.

There is also SANEX (Selective ActiNide Extraction) (see, e.g., U.S. Patent Nos. 4,461,747, 4,867,951, and 5,256,383), which allows the separation of actinides and lanthanides in the PUREX process. There are no less than five other modified methods currently in use or under development.

Additional work is focused on the non–proliferation issue. To that end, modifications to the PUREX process are being tested that would prevent pure plutonium from being separated during reprocessing. One of these is called UREX (URranium EXtraction). UREX is designed to prevent plutonium from being extracted during reprocessing, and reduce the amount of waste requiring long–term storage.

Because some of these modifications only target one aspect of the PUREX process, they can be used together. For example, the UREX+ and UREX–1a processes each use four of the modifications, but the combinations are different.

U.S. Patent No. 7,854,907 is focused on targeting the separation of technetium during fuel reprocessing was granted in 2010. This process claims to be applicable to UREX and UREX+ reprocessing methods. Operators are able to adjust the PUREX process by combining the different modifications in order to achieve change the elements or combination of elements at the end of the process.

One of the most recent technological developments to the PUREX process comes from France. The process, named COEX™, was granted U.S. Patent No. 7,887,767 in the U.S. in 2011. This modification of the PUREX process keeps the plutonium with uranium together during the reprocessing, but allows uranium to be separated out. This addresses the non–proliferation concern. It also reduces the number of steps involved in reprocessing.

B.  Fast Reactors and Breeder Reactors

Fast reactors are a different type of nuclear reactor. Unlike most commercial reactors, a fast reactor does not slow fission neutrons. As a result, these neutrons cause more fission as they collide with fissile nuclei. The concept for fact reactors was patented in 1965 by U.S. Patent No. 3,212,982.

Breeder reactors are a type of fast reactor that can produce more fission material than they consume. Beloyarsk 3 in Russia is a BN–600 reactor, and is currently the only commercial fast reactor (but has not been used to breed fuel). These reactors used a liquid metal, liquid sodium, something that was covered by U.S. Patent No. 3,498,880 by the French Atomic Energy Commission in 1966.

When the reactor is set to match burning and production, it becomes a self-contained power generator. That means that over the operational life of the reactor, no new fuel need be brought in, and no waste would be removed from the site.

In the early 1980’s, Argonne West reconfigured the Experimental Breeder Reactor–II (EBR–II), and tested what is known as an Integral Fast Reactor (IFR). The IFR program combined different technologies, such as electrorefining, metallic fuel, a passive cooling system, and a sodium cooled reactor, to achieve the goal of eliminating the two biggest concerns regarding nuclear energy, proliferation of weapons grade materials and nuclear meltdown.

One of the technologies came from General Electric, which worked on the reactor design and obtained U.S. Patent No. 4,508,677 describing a small, modular reactor design.[1]

Safety is always a concern when it comes to nuclear power. As seen in Japan, loss of cooling to reactors is a major problem. The designers of IFR knew this, and set out to remedy the issue – and they did. The IFR passively shuts down when cooling is compromised.

The IFR was designed to solve the two major concerns of nuclear power, but the design is also important to recycling efforts. The IFR can use spent nuclear waste for fuel. Just as the IFR consumes transuranics in its own fuel, it can start the reaction process using transuranic elements in spent fuel from our current reactors. This provides an additional method of recycling the spent nuclear fuel we have now.

This also means that weapons grade material, such as plutonium from dismantled weapons, can be processed with other fuels in the reactor making them unusable for military applications. Because the IFR can be consumed, breed, or match burning and production, the reactor can be used for different purposes.

As a consumer, IFR can use the current spent fuel and military waste for fuel. There would be waste generated, but not like the spent fuel we have now. In order to prevent the proliferation of nuclear material, the IFR was designed to commingle elements, not separate or purify. The waste generated from an IFR reactor can be separated so that the actual “waste” volume is reduce, as well as the time need for safe storage.

The technology used to separate the plutonium with uranium from the waste is electrorefining. The process described in U.S. Patent No. 5,336,450 (‘450 Patent) was designed to work with the IFR reactor.

One of the significant advancements over previous electrorefining methods, such as the “Process to Separate Transuranic Elements from Nuclear Waste” described in U.S. Patent No. 4,814,046, is that the ‘450 Patent process is a semi–continuous process as opposed to a batch process.

C.  The Future of IFR and Fast Reactors

General Electric is in the process of developing a reactor named PRISM (Power Reactor Innovative Small Module). The design underwent a pre–application review in the early 1990’s, and benefited the IFR program. PRISM is a sodium cooled, metal fuel design reactor very similar to IFR. This is because General Electric worked on the reactor design of the IFR project.

Also, the fuel for PRISM was tested as part of the IFR program. One of differences is that IFR uses a metal alloy fuel, and PRISM can use ceramic or metal fuel. In an effort to commercialize PRISM, GE’s small modular approach is designed to be scaled up by adding additional units, as described in U.S. Patent No. 6,185,269, and on GE’s website.

Fast breeder reactors, specifically the IFR, are not being commercially utilized in the United States, though interest, as well as research and advancements related to the technology continue.

Earlier this year, Sandia National Laboratory released a report considering licensing of sodium fast reactors, such as IFR. The report concluded there were two challenges regarding resurrecting the IFR project. The first is recovering the historical data from the project. The second is integrating the technological advancements to the components of the system.

One of the improved pieces is the electrorefiner used to separate uranium and other transuranic elements, specifically plutonium, from spent fuel. Argonne National Laboratory has continued to work on this technology since, and was granted U.S. Patent No. 8,097,142 in January 2012 for their most recent innovation. This technology continues to be important because non–proliferation is still a concern with reprocessing of spent fuel.

IV.  Conclusion

These technologies are moving forward, but our domestic implementation is lacking. Nuclear energy can be greener, and the technology exists to make it happen. Implementing these types of technologies will significantly reduce the amount of nuclear waste generated and stored.

Additionally, these technologies will minimize the environmental impact of the energy we consume by reducing mining, and the amount of carbon dioxide generated by fossil fuels. The merits of the technologies created and tested in the United States have been proven, and PUREX is in commercial use. The United States should tackle the challenge today instead of passing the burden to future generations.

It is time to reduce our environmental impact, update our nuclear technology, and recycle our nuclear fuel.

*Michael Morphew is in his second year at Thomas Jefferson School of Law in San Diego.  He received his undergraduate degree in Business Administration from the University of Washington in Seattle.

The Incredible Mr. Wilkins: GE Wins Wind Patent Ownership As Court Finds Testimony Too Impeachy*

December 17th, 2012

In previous posts (here, here, and here), I discussed a major offshoot of the GE-Mitsubishi wind patent war in which GE and a former employee, Thomas Wilkins, tussled over ownership of two of the patents involved in the larger litigation.

The remaining patent-at-issue in this ownership dispute was U.S. Patent No. 6,921,985 (‘985 Patent).  The ‘985 Patent is directed to a wind turbine that includes a blade pitch control system and a turbine controller coupled with the blade pitch control system.  To increase the reliability of the turbine’s power supply, the turbine controller causes the blade pitch control system to vary pitch in response to transitions between different power sources.

After Wilkins brought a lawsuit to correct inventorship, Mitsubishi intervened in the suit.  The case aroused Mitsubishi’s interest because the ‘985 Patent is one of several asserted by GE against Mitsubishi in at least two lawsuits.

The court recently conducted a six-day bench trial to decide whether Wilkins should be named a co-inventor of the ‘985 Patent and issued a decision answering the question in the negative.

To overcome the presumption that the named inventors on a patent are correct, an alleged co-inventor must prove his inventive contribution by clear and convincing evidence.  The putative inventor can’t rely on his testimony alone.  Rather, there must be evidence to corroborate his testimony.

Apparently, Wilkins was his own worst enemy in the trial.  The court found his testimony not credible, and the proffered corroborating witness testimony fell short because the witnesses either relied on Wilkins or failed to provide ample basis for their opinions.

The court found Wilkins undermined his own credibility by providing “purposefully evasive” responses to even basic questions.  He was “repeatedly impeached during cross-examination, to the point where the veracity of even simple answers were called into question.”

In its decision, the court had more harsh words for Mr. Wilkins, whom it also described as appearing to be a pawn of Mitsubishi:

Mr. Wilkins leaves this case with no credibility.  He was a purchased witness/party, and whether or not that was the intent of Mitsubishi, clearly that was the result.  His bias is only paralleled by his attitude that this is all a game.  His definition of truth seems to be that which personally will benefit him the most….Impeachment during cross examination became so constant that it became routine, even to the point of the Court’s finding it difficult to believe the obvious without corroboration…

having observed Mr. Wilkins’ demeanor during examination, the Court is left with the firm impression that Mr. Wilkins is a game player who was more concerned about gaining personal advantage than testifying truthfully.

Taking all these factors together, the Court does not find Mr. Wilkins’ trial testimony to be credible evidence.

Accordingly, GE retains full ownership of the ‘985 Patent as the court held Wilkins was not a co-inventor:

the Court concludes that the heavy burden of proof by clear and convincing evidence has not been met, and therefore Mr. Wilkins should not be named a co-inventor of the ‘985 patent.

*Mr. Wilkins disputes the accuracy of this post.

December 15th, 2012

Intellectual Property and Clean Technologies

A Green Intellectual Property Exchange?

The Creative Commonscelebrating its 10th birthday – has established the GreenXChange.

However, developed countries rebuffed such compromises.

Intellectual Property, Piracy, and Climate Change

The Climate Technology Centre

Falsely Over 40?: Hyundai and Kia Collide with Consumer Class Actions Alleging Greenwash

December 13th, 2012

At the heart of these “garden variety” greenwashing cases (see, e.g., here and here for examples of the other kinds) are allegations that the automakers built advertising campaigns around representations that a number of their vehicles achieved gas mileage in the 40 mile per gallon range when the companies knew or should have known the actual mileage was signficantly lower.  The mpg was also alleged to be misrepresented on many of the vehicles’ window stickers.

Some of the advertising statements cited in the cases include:

“With its 29 mpg city and 40 mpg highway standard fuel economy rating, Elantra is a perfect vehicle for consumers looking for an affordable solution to rising gas prices….”

“In the first quarter of 2012, 39 percent of all Hyundai vehicles sold achieved 40 mpg on the highway thanks in large part to Elantra’s continued success.”

The Hyundai Accent manages “a best-in-class standard 40 mpg fuel economy rating on the highway” and “achieves a category-leading 30 mpg city/40 mpg highway rating, making it one of four Hyundai nameplates to eclipse teh 40 mpg mark.”

Kia’s web site states that the Optima Hybrid, Rio, Soul, and Sportage have all received the EPA SmartWay Certification Mark – a designation given by the EPA “to the cleanest most fuel efficient vehicles.”

According to the complaints, an EPA investigation prompted by consumer inquiries found the gas mileage was overstated in seven Hyundai models and six Kia models, with as much as a 6 mpg discrepancy in some models.  The complaints further state that Kia and Hyundai admitted they had misrepresented mile per gallon and fuel efficiency data.

One complaint notes the historic significance of the EPA audit:

The EPA’s Hyundai/Kia investigation is the first instance where the EPA has found a large number of vehicles from the same manufacturers deviated significantly from the manufacturer represented mileage figures.

The problem, according to another complaint, was flawed fuel economy testing.  More particularly, Hyundai and Kia allegedly made procedural errors in their “coastdown” testing, implementing methods that were not compliant with EPA requirements and “insufficient in design, procedure, content, execution, and/or completeness.”  As a result, the fuel economy ratings were “affected, inaccurate, and overstated.”

One of the complaints notes that Kia and Hyundai said they would implement a “refund” program, but calls the program “fraught with problems.”  Instead, most of the actions seek injunctive relief relating to the companies’ advertising, restitution, and monetary damages.

“Defendants apparently placed profit before integrity in the marketing and sale” of their vehicles, one of the complaints summarizes.   That plaintiff also quoted an Edmonds analyst’s seemingly apt prediction:

“In an industry where reputation is so important, this will undoubtedly give both carmakers ugly black eyes.”

Guest Post: Gaston Kroub on Two International Clean Tech Conferences

December 10th, 2012

Part II:  Eilat, Israel

In my previous post, I discussed my observations regarding a current and future Cleantech giant – China. As I noted in that post, I also spoke recently at an Israeli Global Cleantech conference, held in Eilat in late November.

Israel has long been an innovation leader in the Cleantech space, a phenomenon driven by the country’s security needs and dearth of natural resources, coupled with a highly educated workforce and established culture of technology innovation.

Interestingly, one of the leading drivers of Cleantech innovation is the Israeli military, which is investing heavily in developing renewable energy sources for its purposes. Of course, many of the military-developed technologies can be easily adapted for civilian use. One example is a portable water purification kit, originally developed for military applications, but also useful for civilian hikers and campers.

A major takeaway from the conference is that the Israeli focus on Cleantech innovation is not wavering in the least. Conference attendees spanned the entire spectrum of Cleantech technology areas, from solar to biofuels to wind.

Because of the start-up nature of many of the Israeli companies in attendance, there was an unsurprising focus on the financing of Cleantech innovation, whether via venture capital or through strategic partnerships with larger corporations.

The importance of a robust patent portfolio as an attractant for that investment was well-understood by the companies exhibiting at the conference, irrespective of whether they were competing in a mature market like solar, or looking to advance a disruptive technology in a less-crowded Cleantech field.  Target markets for Israeli Cleantech products and services include the USA, EU, China, Korea, and India amongst others.

In addition to the awareness of intellectual property as a competitive mechanism, there was also a serious focus at the conference on the importance of quality standards for implementation of Cleantech products in the marketplace. One example discussed was a new Israeli electrical standard applicable to electrical switchboards.

In many ways the conference reflected a mature Cleantech focus within the Israeli business, government, and academic communities. While there was a definite expressed interest in uncovering the next big thing in Cleantech, there was also a decided interest in allocating money and brainpower towards tackling present and solvable issues with existing technology.

Interestingly, there was a sizable Chinese presence at the conference, and a spirit of potential future cooperation was in the air, with China supplying the manufacturing capability and Israel the innovation.

And while Israel rightly has earned its place as a net contributor of many promising new Cleantech innovations, it was interesting to see how focused the domestic participants were with also making sure that Israel keeps pace with the world in deploying existing renewable energy technologies – to serve its own energy needs.

Whether that juggling act is successful remains to be seen, but it was heartening to see and experience the vast potential that a country classified as part of the developing world has to help ensure a sustainable future for us all.

Guest Post: Gaston Kroub on Two International Clean Tech Conferences

December 9th, 2012

Part I:  Guangzhou, China

Cleantech innovation continues apace, despite the general economic malaise gripping much of the world. Two countries that are heavily invested in renewable energy development are China and Israel.

Despite their extreme differences in population, size, and access to natural resources, these two countries have forced their way onto the global Cleantech innovation stage. Not surprisingly, and as previously noted by this blog, both countries have instituted expedited green patent programs, amongst other policy initiatives aimed at fostering Cleantech innovation.

Both countries recently hosted Cleantech conferences, where I was privileged to speak on “Green” intellectual property issues, and advocate for increased awareness of those issues on the part of the Cleantech business community.

The first conference I attended was BIT’s 2nd New Energy Forum in Guangzhou, China, in mid-October.  One is immediately struck by the tremendous economic vitality exhibited in Guangzhou, with numerous ongoing construction projects neighboring a like number of recently completed facilities.

With such rapid development on display, there clearly is a market for sustainable products to use in construction in China. And at the conference itself, numerous personalities from the academic and business worlds discussed the importance of an engaged China in advancing the development and utilization of sustainable products and services.

Considering the number of attendees that I spoke to who were there on behalf of various departments of the Chinese national and provincial government industries, it is fair to assume that developing a viable Cleantech sector is an important initiative for China.

And I noticed an increasing awareness among conference attendees of the importance of intellectual property rights in fostering innovation, and for allowing China to continue to compete globally. Even Chinese manufacturers are become increasingly aware of the need to provide a safe home for foreign know-how, so that innovative Cleantech companies will look to China as a manufacturing partner for their products.

Of course, many in China are sensitive to the reputation of their country in the global business community.

Some officials I talked to were very invested in the ongoing trade dispute regarding solar panels manufactured in China, and the allegations of price dumping that are being pursued in some of China’s target export markets, including the USA. While that dispute looks like it will be an ongoing one, the conference made clear that China is interested in developing its Cleantech sector, and increasing its presence in the Cleantech community worldwide.

It remains to be seen how tightly China will adhere to enforcing intellectual property rights domestically, and whether Chinese companies will act responsibly regarding intellectual property rights in foreign markets as well.

Storage in the Mist: LightSail’s Patented CAES Tech

December 7th, 2012

LightSail Energy (LightSail) is a Berkeley, California, company that has developed compressed air energy storage technology which may be used for grid-scale storage.

The company’s central innovation is the injection of a mist of water spray into a compressed air system so the spray rapidly absorbs the heat energy of compression and provides the energy during expansion.

According to Cleantech PatentEdge™, LightSail owns at least 52 US, international, and European patents and published applications.  U.S. Patent No. 8,240,142 (‘142 Patent) is one of a family of patents relating to the company’s compressed air energy storage system.

The ‘142 Patent is entitled “Compressed air energy storage system utilizing two-phase flow to facilitate heat exchange” and directed to a compressed air energy storage system (20) including a cylinder device (21) defining a chamber (22), a piston device (23) in the chamber, and a pressure cell (25).  The cylinder (21) and pressure cell (25) together form a one stage reversible pressure compression/expansion mechanism (24).

Air enters the system (20) via pipe (10), passes through a filter (26) and enters the cylinder chamber (22) via pipe (30) where it is compressed by the action of the piston (23).  Before compression begins, a liquid mist is introduced into the chamber (22) using an atomizing nozzle (44).  The volume of mist injected into the chamber (22) is predetermined to be the volume required to absorb all the heat generated during that piston stroke.

As the mist condenses, it collects as a body of liquid (49e) in the cylinder chamber (22).  The compressed air/liquid mixture is then transferred into the pressure cell (25) through outlet nozzle (11) via pipe (51).

According to the ‘142 Patent, that is when the critical heat exchange occurs, followed by storage of the air:

In the pressure cell 25, the transferred mixture exchanges the captured heat generated by compression to a body of liquid (49f) contained in the cell.  The air bubbles up through the liquid and on to the top of the pressure cell, and then proceeds to the air storage tank 32, via pipe 33.

According to this Greentech Media piece, LightSail’s system is more efficient because it captures and stores both the mechanical energy and the thermal energy used in compressing air.  The article reports the company has received a recent funding round by some big name investors, including Bill Gates and Khosla Ventures.


Social Psychology and the Beliefs Essay

  • Length: 5 pages
  • Subject: Sociology
  • Type: Essay
  • Paper: #94639444

Excerpt from Essay :

Freud also questioned the value of the so-called "Golden Rule" that was very important to much of Mill's political and philosophical positions. Specifically, Freud argued that "the commandment, 'Love thy neighbour as thyself', is the strongest defence against human aggressiveness…" but also suggested that this commandment is impossible to fulfill because it requires "… such an enormous inflation of love [that it] can only lower its value, not get rid of the difficulty. By that, Freud seems to suggest that the main value upon which Judeo-Christian societies depend is little more than a false standard that only redirects the instincts it was intended to control.

More importantly, Freud goes on to argue that "…anyone who follows such a precept in present-day civilization only puts himself at a disadvantage vis-a-vis the person who disregards it." This means that human beings are naturally selfish and self-centered and that they only do what they believe is in their own interests and that these selfish impulses are much stronger than any external values from society to act differently from those instincts. Therefore, the person who chooses to give up his selfish desires just to follow those artificial values from society for the benefit of other people will always suffer from that choice simply because others cannot be counted upon to do the same.

To Freud, modern civilization provides many benefits to the individual but only at a tremendous cost. Living in society and with all of the benefits of government protection from the selfishness of others is a benefit. However, the fact that our natural goals and values are change and that we must accept, on a psychological level, the persona dictated by society causes a lot of the psychological pain and trauma that people suffer from in society.

Personal Response and Conclusion

There is great value as well as some weaknesses in the positions of both Mill and Freud. Mill's view that the most important function of modern society and of government is to protect individuals from harms caused to them by others is valuable. That is a belief that is consistent with personal freedom and rights because recognizes the right to be free from threats from others. Mill's analysis might have failed to fully define the rights to which we are all entitled but it fully supports the idea that people are much better off living in civilized societies than they would ne fending for themselves in the wild.

Freud's position also has tremendous value, such as in the idea that some of the psychological problems of people are caused by society. However, Freud's view of the relative uselessness of the Golden Rule may be less helpful, because it assumes that the rule cannot be enforced effectively by modern social institutions. In that respect, Freud's analysis might fail because it assumes that the only way a person can benefit from living in society is by following the Golden Rule blindly. Mill would argue, successfully, that it is unnecessary for every individual to love every other individual, as long as government can guarantee the equal protection from the selfishness of people toward one another if they do not genuinely "love" one another in…

Cite This Essay:

"Social Psychology And The Beliefs" (2012, December 11) Retrieved April 29, 2017, from

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Sorry about that tunnel of doom: 'Something went wrong'

The apologies for the famous "purple tunnel of doom" and various other rigors to which thousands of inauguration-goers appear to have been suggested finally drew some apologies from the powers that be:

Says Feinstein:

I have just spoken with Mark Sullivan, Director of the Secret Service, and I have asked him to convene along with the U.S. Capitol Police, all law enforcement and other parties involved in planning for this Inaugural to conduct a prompt investigation into two serious incidents that have been reported. These reports have prompted great concern by members of the Inaugural Committee, including Senator Bob Bennett, and by Congress in general.

The specific incidents include the report that a decision was made to cut off access to Purple and Blue standing areas, which meant that a large number of ticketholders could not reach their designated areas.

There may have also been other irregularities, but I have heard enough to know that something went wrong and we need to find out what happened. Mr. Sullivan has indicated that he will provide a full report.

Says the JCCIC:

The Joint Congressional Committee on Inaugural Ceremonies deeply regrets that some ticket holders to the ceremonies were not able to get to their ticketed sections, primarily in the purple and blue zones. The number of tickets issued for these sections was based on historic precedent, and calculations of the number of guests that could safely be accommodated in each area.

The JCCIC, U.S. Capitol Police and our federal and local partners will thoroughly examine every aspect of our planning including ticketing, screening, pedestrian flows, gate numbers and placement, to provide a foundation of lessons learned to future inaugural planners, so that they have the information they need to prevent similar problems.

Bob Bennett also has an apology out.

UPDATE: A reader who got stuck in the tunnel isn't impressed with the Senate Sergeant-at-Arms's offer "to arrange a Capitol tour" as makeup.


Find the right swimsuit

Find the perfect
swimsuit for
your figure

Look great. Love swimming.

An athletic body shape means that your hips and bust are in sync with each other, while your waist is not very defined. You may have a bottom that is more flat or toned than round. Printed and bright, colourful suits are best, to accentuate your feminine flair and show off your physique.

If you match an hourglass figure, your bust and hips would be well balanced, and you’d also have a well-defined waist. Your shoulders align well with the width of your hips, as your waist curves down to meet them. It’s likely that you’ve a rounded or toned behind, resulting in a flattering side and front profile. Your upper body is built in proportion in length to your legs.

If you consider yourself to have an hourglass body type, keeps an eye on our Speedo Sculpture swimsuit styles featuring bold colours, as these will really accentuate your curves.

Pear Shaped

If you identify yourself as having a Pear-Shaped body, your hips will be larger than your bust as your weight will be more focused around your behind and legs, followed by your tummy and upper body. If this is the case, don’t be afraid to show off those curves, and find the swimsuit to highlight your waist and hips. Swimsuits with a colourful or patterned bust are more likely to suit women with a pearshaped figure, as these attract attention to the top.

Inverted Triangle

Should you consider yourself aligning with the Inverted Triangle body type, you are likely to have broader shoulders and a wide back. Your hips are slim and your bottom may have a tendency towards the flat side. Your waist is subtle and you have a tendency to gain weight on your tummy and upper body. Swimsuits with a colourful band or patterned motif around the middle can help to accentuate your waist. Alternatively, patterned or printed swimsuits also work well for this body type, covering areas you might not feel as confident about.

Swimsuits to flatter your body shape


At the heart of Circle Blvd is a shared task list.

This list helps your team remember what the group is doing, who is doing what, and when tasks need to be completed. All the changes made to the list are synced through the internet, so everyone on the team sees the same thing.

We suggest that everyone on your team read this part of the tour, or that its concepts are explained in a coversation.

What do we need to do right now?

Next planning meeting

Everything else

Highest priority tasks at the top

In Circle Blvd, the tasks at the top are what your team is currently working on. Typically, these tasks are expected to be finished within a week.

The next planning meeting

Every project has this special milestone. Use it as a cut line for what your team is doing and not doing before your next planning meeting.

All other tasks below

Keep all other tasks here. Have an idea? Add it to the list, and talk about it later with your team.

Mileposts: Dates & deadlines

Use “mileposts” to keep track of deadlines, dates, and events.

If a task needs to be done before a particular date: Add a milepost to your list, put the date in the milepost's summary, and move the task above it.

Filters: Finding tasks you care about

Clicking on a task's owner name will filter your list, showing only tasks owned by that person. Use the icon to show only your tasks.

By the way, you can assign tasks to anyone, including people without Circle Blvd accounts, and filter on those owners as well.


Both still seeking their first championship

Both still seeking their first championship

More aid is being sent to Africa, more U2 songs are being written and more kids are being whisked away by Pitt-Jolie Ltd., yet the continent still can’t get on stable footing. It’s made me wonder if Africa – the entire Continent – is the Los Angeles Clippers of land masses.

Year after year, Africa comes in last in revenue, tickets sold, attendance and they always get all the perks to turn things around. They get the best minds, they get the most aid, they always get the first draft pick. Yet, none of it seems to work. Clearly this is the fault of mismanagement.

All the resources are there to win. They have numbers, they have natural resources, they have water, food and industry, yet the people in charge keep messing things up. It’s like Baron Davis, Marcus Camby and Zach Randolph. Very talented individually, but when Mike Dunleavy is put in charge, suddenly you have epidemics, food shortages and civil wars in the Staples Center. Mike Dunleavy is the Robert Mugabe of the NBA.

Also, both have a lot of black people. If you like your metaphors more direct.


Gowthami Travels was started in the year 1956 and has a bus fleet of 50 buses including Multi-axle Volvos and Sleepers in both A/c and Non A/c Category. It operates in some of the major routes in Andhra Pradesh. Some of the Important routes of Gowthami Travels include Hyderabad-Kakinada, Hyderabad-Rajahmundry, Kovvuru-Hyderabad, Samarlakota-Hyderabad, etc.

Copyright 2016-2017. Purebus.com


How Collaborative Learning Can Enhance Critical Thinking Education Essay

Published: Last Edited:

Learning with the fashion of quiet and lonely is now updated with the construction of new and valid ideas to the support of collaboration where discourse or interchanging ideas can be means to mediate student learning and critical thinking as they participate. I perceive that collaborative learning not only allow student to respect other's opinion during conversion but it also encourages them to view the emerging idea critically and liberation of presenting own thoughts before the group members. This paper demonstrates the provision of collaborative activities can be effective for developing student's critical thinking.

Collaborative learning is based on the model that knowledge can be created within a population where members actively interact by sharing experiences and take on asymmetry roles. Roschelle and Teasley (1995) stated that: "collaborative learning involves the mutual engagement of participants in a coordinated effort to solve problem together. Put differently, collaborative learning refers to methodologies and environments in which learners engage in a common task where each individual depends on and is accountable to each other. Collaborative learning is heavily rooted in Vygosky's views that there exists an inherent social nature of learning which is shown through his theory of zone of proximal development. Thus, collaborative learning is commonly illustrated when groups of students work together to search for understanding, meaning, or solutions or to create an artifact or product of their learning. Collaborative learning activities can include collaborative writing, group projects, joint problem solving, debates, study teams, and other activities. The advances in technology and changes in the organizational infrastructure put an increased emphasis on teamwork within the workforce. Worker needs to be able to think creatively, solving problems, and make decisions as a team. Therefore, the development and enhancement of critical-thinking skills through collaborative learning is one of the primary goals of technology education.

Role of discourse in collaborative learning

In according to Johnson and Johnson (1986), there is persuasive evidence that cooperative teams achieve at higher levels of thought and retain information longer than students who work quietly as individuals. The shared learning gives students an opportunity to engage in discussion, take responsibility for their own learning, and thus become critical thinkers (Totten, Sills, Digby, & Russ, 1991). Keeping the view of Johnson and Johnson my perspective of group learning environment is that all members are actively engage in academic dialogue and productive argument and build links between pairs of concepts and organized the ideas from general to specific and they are encourage to express their ideas and convince with solid argument, ultimately its lead them to become more critical thinker. Teacher act in that scenario as discourse guider who guides them in discourse process and summarize the dialogue so far. Mercer, (1995) has referred different kind of talk, he explain that exploratory talk is a fruitful kind of talk which contains critical but constructive use of another participant's idea; challenges to another's ideas are justified and alternative explanation are offered. In exploratory talk knowledge may be made more publicly accountable and reasoning is made more visible in the discourse. (Mercer, 1995)

Role of Technology in support of Collaborative Learning

Computer-supported collaborative learning (CSCL) is a relatively new analytical framework s, derived from a number of theoretical perspective (e.g., activity theory), which uses technology in learning environment to mediate and support group interactions in a collaborative learning context. CSCL systems use technology to control and monitor interactions, to regulate tasks, rules, and roles, and mean of acquisition of new knowledge. The technology supported collaborative learning evolved in recent time and how it is connect to the learners thinking especially critical thinking aspect. Firstly, computer-mediated collaborative learning requires a high level of autonomy in learners. Secondly, thinking critically in learning can only occur in learners after they have become aware of the critical elements or "things that matter" in learning situation. The computer-mediated modal of collaborative learning is in which learners have more control over their own learning. Their needs will arise when they engage in reality. Thus on-site and online social interaction is a source of cognitive advancement, and may play an important role in academic achievement and later in their lives. My perspective that collaboration foster learners' critical thinking and computer-mediated environment support in building communication and reflection on one's own and others thoughts.

Harasim, Hiltz, Teles, and Turoff (1995) define online collaborative learning as "a learning process where two or more people work together to create meaning, explore a topic, or improve skills." CSCL primary aim is to provide an environment that supports collaboration between students to enhance their learning processes. (Resta, 2007), illustrate an example (Alavi, 1994) of higher education in which MBA students who engaged in collaborative group decision support scored higher than other groups. However, researchers found that online groups, compared to face-to-face groups, engaged in broader, more complex, and more cognitively challenging discussions. (Benbunan-Fich, Hiltz, & Turoff, 2003). Keeping in view of Blooms Taxonomy, person involves in critical thinking are at the stage of analysis and synthesis, they formulating workable solution to a complex problem and scientifically arriving at a reasonable level of confidence about a given hypothesis or figure out the reasonable solutions. If we consider collaborative learning environment in the context of learning and developing in thinking process it has many advantages like: learning is active because students take responsibility for their own learning and also accountable for other's learning; they have opportunity to share and reflect on their own thought process and assumption which guide them towards the self-regulated learning. In CSCL, the role of instructor is to support group learning processes and provide them scaffolding at the impasses situation. (Resta, 2007), suggested that Critical element for effective CSCL include the development of instructional goals that targeted higher-order thinking skills and complex problem solving (Dirckinck-Holmfeld, 2002; Hmelo-Silver, 2004).

CSCL has become very popular in the 21st century as computer supported environments have revolutionised the way of learning. Computer networks offer new avenue for social reflection and discussion which gives equal opportunity to the participant to exchange their ideas. This complex learning environment allows learners to engage in discourse, investigate related information, and refine ideas in the domain specific. In the context of CSCL, learners not only encounter with the new knowledge but also assess their emerging concepts and correct their prior beliefs with the dynamic assessment. Here I want to provide you Bio-world example of learning, where students learn through problem-Based learning (PBL) approach (Barrows, 1986) where "real life" cases are presented and students are required to define the problem, create hypotheses, gather and analyze data, and evaluate or justify solution collaboratively. It is also a better mediator for scaffolding in learning situation which guide students to where and when they more need of feedback for their self learning. Another example of community practice is begin to understand networked communities where group united by a shared sense of purpose, mutual concern, and a common interest. The education for all 2015 targets (UNESCO, 2000) is pushing teacher education and professional development to developing policy statements that emphasized 21st century knowledge and skills (UNESCO, 1996). These skills include: technology knowledge and skills, higher-order thinking skills, problem solving, communication (reading, writing and mulitimedia), collaboration skills, and most importantly, working with knowledge (e.g., Senge, 2000). This tenet may help in fostering a culture of learning that encourages knowledge sharing and collaboration among participants, create dynamic and evolving communities of practice that share expertise, ideas, and resources, to solve problems and co-create knowledge which may afford to view individual's ideas and reflect upon own thinking and practices ultimately, helping participant to become critical thinker. For e.g. (A. Breuleux, presentation notes, September 14, 2010) share four instructional motives for the use of technology in support of collaborative learning which prepare students for the knowledge society, add flexibility of time and space for collaborative learning, foster student engagement and keep track of student collaborative work, and improve student academic achievement, development of higher order Thinking skills and students satisfaction.

Many perspectives contribute to the understanding of technology in support of collaborative learning. The advances of learning science combined with the needs of knowledge society, have offer flexible and challenging learning environments which leads them forward as a critical learner. In this paper computer support collaborative learning framework has discuss with the example of Bioworld and community practice (CoP), how these kind of environment supports teachers, students, practitioners, and learner to enhance better understanding by exchanging their thoughts and reflection on their presupposition of ideas from conscious and unconscious prior learning and their consequences which help in pragmatic improvement.


1.25-Pound Gold Necklace Uncovered on 2,500-Year-Old French Corpse

By Logan Sachon

The gold-adorned 2,500-year-old body of a Celtic prince—or princess—has been uncovered in France.

The tomb, which dates from the fifth century B.C., was discovered in Lavau, a village near Troyes by a team from the National Archaeological Research Institute (INRAP).

The discovery was made in March, but INRAP is now revealing the results of research and dating. The body is believed to be that of an aristocrat from the Hallstatts that occupied central Europe during the early Iron Age. The sex of the corpse has not been determined due to the decomposition of the bones.

The body was wearing a gold necklace that weighed 1.27 pounds, in addition to gold bracelets. Amber beads that are thought to have been part of another necklace or hair piece were also recovered.

In addition to the jewels, the tomb also included a massive bronze cauldron, a wine jug with gold inlay, and a chariot.


Friday, February 3, 2017

Compensation for Injurious Affection: Impact on remaining land or impact on financial position of owners?

AltaLink expropriated a right-of-way over a strip of land from an Alberta couple for an electrical transmission line.  In a compensation hearing before the Alberta Surface Rights Board (the "Board"), the owners were denied compensation for injurious affection.  The injurious affection they claimed was a loss in value of the remainder of their property that was not taken by AltaLink.  The owners appealed the Board's decision to the Alberta Court of Queen's Bench and, on appeal, the Court reversed the decision of the Board and awarded the owners $125,780 in lost value plus interest.

The land in question consisted of two adjacent parcels containing approximately 230 acres, of which approximately 121 acres were cultivated.  The owners had purchased the land in February, 2013 for $511,500, and they were aware at that time that AltaLink had received approval from the Alberta Utilities Commission to construct and operate the transmission line across the property.  Prior to the purchase of the property, the new owners had rented the property for approximately 27 years, and it appears from the decision that they were able top purchase the property at below market value.  The Board found that the market value at the time of the expropriation in 2014 (the date of valuation for the purpose of calculating compensation) was somewhere between $902,000 and $930,000.

The owners argued that the taking of the right-of-way resulted in a loss of value to the balance of the property that was not taken as right-of-way related to the presence of the right-of-way and the transmission line.  They argued that their loss was not limited to the loss of value to the land as they were currently using it, but should be calculated based on their loss of ability to subdivide the property for new residential lots.  But for the AltaLink right-of-way, the owners could subdivide and sell the individual lots.  They put the value of their loss at 30% of the market value of the property.

The Court disagreed with the owners that the right-of-way would prevent the development of multiple residential lots, but accepted that the right-of-way would result in a loss in the value of the lots that could be created.  On that basis, the Court would have calculated the compensation to be paid to the owners based on  a market value loss of 15% (half of the 30% proposed by the owners), or approximately $131,000.  The Court then ended by making a finding that the $125,780 that would have been awarded by the minority dissenting member of the Board (in the original hearing) was therefore reasonable and set compensation at that amount.

Taken on its own, the Court's ruling on loss of value to the remainder of the property based on loss of value of prospective subdivision lots is not remarkable.  However, what is noteworthy is the Court's rejection of AltaLink's argument that no injurious affection compensation was payable at all because the market value of the property never fell below the amount the owners paid for the property.  AltaLink argued, and the majority of the Board had agreed, that an award of injurious affection would result in a windfall for the owners because they had paid substantially less than market value for the property.

But the Board had incorrectly "focused on the financial loss to the landowners and not the loss in value of the remaining land ... they were suspicious that the negative impact of the transmission line had already been factored into the sale price."  The Court ruled that "the fact that the Appellants purchased the land after the Respondent obtained a permit and license to build the line is of no consequence.  The payment for injurious affection is based on the impact on the value of the remaining land, not the impact on the financial position of the owners.  This does not result in a windfall or unjust enrichment to the Appellants because, until the line is removed, it will have a negative impact on the Land's value, which is an economic loss."

Read the decision at: Koch v Altalink Management Ltd.


A story of ink and steel

10 minutes

How collotype printing, an outmoded technology, helps preserve Japan’s heritage

Collotype was a popular commercial photographic process at the turn of the 20th century, but it is nearing extinction as more practical printing technologies become widespread and affordable worldwide. Unlike modern digital printers, collotype copies almost completely preserve the look and colour depth of originals, but, because the process requires a high level of expertise, demand for the technology is nearly zero. The German director Fritz Schumann’s film, A Story of Ink and Steel, profiles Osamu Yamamoto, a printer working at the world’s only, and perhaps last, colour collotype company.

Director: Fritz Schumann

Video/Life Stages

3 minutes

6 minutes

8 minutes

Idea/Computing & Artificial Intelligence

Quantum cryptography is unbreakable. So is human ingenuity

Joshua Holden

Essay/Computing & Artificial Intelligence

Raising good robots

We already have a way to teach morals to alien intelligences: it's called parenting. Can we apply the same methods to robots?

Regina Rini

Video/Energy, Resources, & Sustainability

Meet the man bent on powering the world with vortexes

6 minutes

How to build a full pottery workshop from the earth up

11 minutes

Idea/Computing & Artificial Intelligence

The body is the missing link for truly intelligent machines

Ben Medlock

Essay/History of Technology

Web of war

How the hair-trigger nuclear age and fears of Armageddon inspired visionary cold warriors to invent the internet

Sharon Weinberger


Covalent bond With Examples

                   Covalent bond

Hello friends, welcome to our blog, today we are going to discuss the covalent bond. We know that bond means two or more things tie together.Bond may be of different types.

Electrons in a covalent bond

In the formation of molecule only the electrons present in outermost shell or valence shell of atoms normally participate while the electron belongs to inner energy shell are mostly not involved in the bond formation.

Remember: A bond will form only when combining atoms have minimum energy and maximum stability.This will possible if the atom complete the octet (8 electrons in outermost shell) and achieve the electronic configuration of nearest noble gas atom.

In  covalent bond the combining atoms mutually contribute one, two or three electrons depending upon their requirement the bond formed.This leads the formation of single double and triple bond.

Covalent nond is generally present in the atoms of non metal. This may be either same or different. In case of atoms are same the covalent molecule is known as homoatomic and if the combining atoms are different then it is called as heteroatomic molecules

Homoatomic molecules(non polar covalent): The simplest among them is hydrogen Hmolecule in which both the participating atoms have one electron each initially, share there electron and both achieve the stable electronic configuration.

Another example:Chlorine molecule  Cl2 .In this case both the chlorine atoms that is equals to (atomic no 17) have 7 valance electron and a short of one electron each.They share one electron pair which is an electron is contributed by both the atoms to achieve nearest noble gas configuration.

The electron pair belonging to individual atoms not involving sharing called as lone pair (example:oxygen molecule).

Homoatomic molecules(polar covalent): In this case the atom taking part in bond formation belongs to different elements. A few examples of heteroatomic molecules are:

It should be noted that this the structure of  molecules or ions in which shared electrons are represented by the dots are known as Lewis dot structure. While those in which these are indicated by line or dashed are called as Couper structures.

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Let’s create healthCARING!

Being a patient means having to yield to the whims of a medical condition and to bend to the regulations and rigidities of the health care system. The word “patient” comes from the same Latin derivative as “patience.” Clearly, it takes great patience to be a patient, and the sicker a person is, the more that patience is put to the test.

Medicine has grown significantly in its ability to diagnose and treat biological disease. Doctors can be proud of their ability to eradicate once fatal infections, prevent heart attacks and transplant failing organs.

Three innovations based on information technology—clinical practice guidelines, electronic medical records, and large-scale population science—will bring medicine into a new biological revolution.

There are amazing, caring clinicians throughout the healthcare system, i.e., physicians, nurses, therapists and so many others. And yet as healthcare leaders we do not position them or their patients for optimal healing.

This morning I read ‘Health care, health caring and the culture of medicine.’

If health care is designed to address the needs of patients, health caring is ever mindful that patients are people with feelings that matter. Those feelings almost always include a heightened sense of vulnerability, dependency, and loss of control, which can be internally driven by the underlying condition, but also externally imposed (depending on the quality and tone of the health care encounter), resulting in threatened self-efficacy and personhood.

And also an article from Thomas Dahlborg.

Healthcare leaders must do better. They must create and improve systems to position these amazing clinicians to re-engage with the reasons they became healers in the first place. They need to create healthCaring models that allow for ample time and continuity for clinicians and their patients to develop relationships, for authentic human connection to be achieved, for trust to grow, for whole stories to be told and truly heard, and for co-created individualized care pathways to be made.

Let’s create healthCARING. Let’s go back to the Hippocratic Oath …

Let’s stop talking about it and let’s just do it!!

Sources: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC4189570/,http://www.hospitalimpact.org/index.php/2015/01/14/the_importance_of_ritual_in_transforming

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La Nina map

Acorns of all sizes. Weather predictors?

Next month is when many meteorologists make their predictions about the coming winter. The 2017 Farmers’ Almanac was published last month and very cold weather for the northern U.S. Even a few periods of  unusually cold weather dipping into the deep south (Florida and the Gulf Coast) was predicted while the Western States will have a milder than normal winter.

But if you turn to nature for signs, it’s time to do your observations and make predictions within your local area.

Not all weather lore indicators is useful, depending on where you live. I can’t really take note of the early arrival of the Snowy owl, or the early departure of geese and ducks. (Geese and ducks in my area never leave!) I also can’t personally observe any early migration of the Monarch butterfly. All three of those events supposedly indicate a severe winter.

I look to all the indicators – science and popular culture. This is what meteorologists predicted last fall.  My teaser post a few weeks ago about predicting the winter to come was popular and earlier posts about signs in nature that might predict the winter are perennially popular ones found in searches.  (see links below)

As always, observations in your own part of the country should be more accurate than blanket U.S. predictions. Think about the weather you had last month, because August is said to indicate the winter to come. Every fog in August supposedly indicates a snowfall. (I observed no fogs. Does that mean no snow? I doubt it.)  If the first week in August is unusually warm, the coming winter will be snowy and long. And what about this weather rhyme: If a cold August follows a hot July, it foretells a winter hard and dry.

Take note of how animals in your region look. Squirrels with busy tails and raccoons with thick tails and bright bands mean a rough winter. The same prediction of a rough winter is indicated by mice being very aggressive about getting into your house early. There are also claims that spiders spinning larger than usual webs and entering the house in greater numbers is a sign of severe winter weather.

In general, animals making preparations for winter early or in out-of-the-ordinary way, is a bad sign. That could be the early arrival of crickets (on the hearth?) or bees taking to the hive earlier. This is part of the same weather lore philosophy that originated the tradition of predicting spring’s arrival by groundhogs and other animal behavior.

The one I grew up hearing was woolly bear caterpillars (the larvae of Isabella tiger moths). My mother taught me that the width of the middle brown band predicts the severity of the upcoming winter. A narrow band means a bad winter and a wide band means a milder or shorter winter. Those woolly bears have 13 body segments and winter is 13 weeks long. Coincidence?  Maybe. Probably.

Insects are popular winter weather signs. If you see ants marching single file or bees building nests high in the trees, get ready for a bad winter.

Labor Day weekend, we were prepping in Paradelle for the arrival of Hurricane Hermine and the wind picked up and acorns started bombarding my backyard deck from the oak trees. The squirrels and birds were also very, very active. You can attribute that to the coming storm, but acorns and squirrels have long been part of weather lore. A bumper crop of acorns (which has been predicted in my area) and squirrels that are more active than usual, is supposed to mean a severe winter. “Squirrels gathering nuts in a flurry, will cause snow to gather in a hurry.”

Is there a weather lore predictor that you have heard? Leave a comment.

More About Predicting Winter Weather

Thoughts of Winter in Summer

What does summer tell us about winter?

Checking in on winter with the weather gods

The Old Farmer’s Almanac has always included long-range predictions of the weather. They never reveal their methodology, but I imagine it is part meteorology, part historic patterns, solar cycles and part guessing. This year it predicts that it will be especially bad. Even places that don’t usually get much snowfall, like the Pacific Northwest, will get a lot.

How did the Almanac do with its August 2016 predictions for Paradelle here in the Atlantic Corridor? They say the temperature would average 74° but it was much hotter this month. Precipitation was predicted at 5.5 inches – 1.5″ above average and the hot weather has brought lots of storms. We did not have any “tropical storm threat” for the 15th-18, and so far, no “hurricane threat” for the  22-31 period – and let’s keep it that way.

Predictions for the upcoming seasons based on signs from nature are probably just as accurate -or inaccurate – but I find them more enjoyable to “read.”

cicada cast-off skin

Sitting outside this afternoon, I tried guessing at the temperature by listening to some crickets. I do know that crickets chirp faster as temperatures rise, and slower when temperatures fall. I’m sure my parent’s were unaware of Dolbear’s Law when they told me about crickets and temperature (Temperature = 50+[(N-40)/4] where N = the number of chirps per minute), and math is not one of my strengths, but I could tell it was getting hotter.

If you can’t distinguish a cricket “song” from a cicada or a katydid, listen to a field cricket sound.

As an amateur phenologist (one who studies the seasonal changes in plants and animals), I’m interested in these sounds. Not that I could ignore the cicadas who are very noisily chirping around my house this month.

The cicadas are pretty creepy looking and their cast-off skins that they leave attached around the backyard are also creepy. Katydids are much nicer looking in their bright green. It is difficult to find them, but easy to hear their eponymous “Katy did! Katy did!” call from he trees. Can you hear females answering “Katy didn’t, didn’t, didn’t?”    Take a listen to them

They hide with their veined oval-shaped wings that look like leaves in the treetops. They start singing in August, but, if you can identify when they start their summer song, weather lore says that autumn will arrive 90 days later. I’m not sure I caught the first katydid, but today was the first day I noticed them calling. That makes autumn in Paradelle arriving November 16.

The katydids are singing for love, lust and a mate. It is mating season (August through mid-October). Feel the love?

The crocuses bloomed three weeks earlier this year in Paradelle.

Things are blooming in Paradelle, so I have started recording them in my garden notebook. Have you noticed any changes in when things sprout or bloom in your neighborhood? Maybe flowers tend to bloom a little earlier in the year or birds that used to migrate are hanging around your yard through the winter?

In some ways my garden notebook is a nature notebook as I find myself also recording first and last frosts, snow storms, the appearances of birds, insects and wildlife. Some of those things I report here, both seriously and also as a kind of weather lore. My posts about predicting the weather based on signs in nature seem to get a lot of hits, so I am not alone in my interest, scientific or not.

Most people have never heard of phenology. but if you have ever paid attention to the timing of natural events, like blooming flowers and migrating animals, you have been practicing this -ology. Phenology is the study of the timing of recurring plant and animal life cycle events.

If you want to make those observation to be more “official,” you can become a citizen scientist by connecting with groups like Nature’s Notebook. It  is an online project sponsored by the USA National Phenology Network. Americans can practice phenology in their own habitat and share their observations with other members and have their data shared with scientists who will use the data for research and decision-making.

It saddens me how disconnected people are to the natural world of plants, animals, the earth and sky. s a lifelong teacher, it really saddens me to see how disconnected kids become as they get older. The interest is always there in very young children, so it is something that is lost.

We may not all be as observant as Sara Schaffer of Nature’s Notebook who suggests that we notice the “slightest blush on a maple leaf that foreshadows the coming fall” or the “new, more vibrant feathers warblers put on days before mating.”

robin-pixabayDo you see the appearance of the first robin on your lawn as a sign that spring has arrived? I grew up hearing and believing that. But I have observed and recorded robins every winter. Once I saw four of them sitting on my fence in a February snowstorm. Robins as indicators of spring is a good example of weather lore.

Most robins do migrate south, but some are probably still around your neighborhood all winter – no doubt better protected in the woods than on your bare lawn. The robins that do migrate to the South in the fall, return in the spring, so then we see many more of them on that soggy lawn and field in search of food.

Geese flying south in Paradelle is a daily occurrence. They fly from the reservoir south to a pond. They never migrate and leave any more. What does that indicate? Perhaps some of it is climate change, but it is also the prime water and grass we provide them in parks, golf courses, school fields and corporate settings. Why leave?

Though thinking a captive groundhog can predict the end of winter is certainly weather lore, paying attention to events like true bird migrations can help us understand long-term trends and predict future events. That is why many observers may be reporting small changes that can help more accurately predict the long-term impacts of climate change and shorter-term events in the near future.

And observing when the smell of smoke from fireplaces changes to the smell of barbecue smoke is a definite indicator of suburban seasonal change!

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