Daily Archives: August 12, 2023

Shamoon v. Resideo: Obviousness affirmed – Patently-O

Posted: August 12, 2023 at 7:25 am

by Dennis Crouch

Shamoon v. Resideo Technologies, Inc., No. 2021-1813 (Fed. Cir. Aug. 8, 2023) (opinion by Judge Newman; joined by Judges Reyna, and Cunningham) (non-precedential)

Charles Shamoon is the inventor and owner of U.S. Patent No. 8,064,935. The patentrelates to a remote access system that allows users to monitor and control environmental devices like alarm and HVAC systems in their home using a base control unit and a remote unit. Resideo challenged the patent in a pair of IPR petitions, and the PTAB eventually found the challenged claims unpatentable as obvious over a combination of two/three prior art references.

On appeal, the Federal Circuit affirmed and rejected Shamoons three challenges.

The claims require a microcontroller, and Shamoon argued that the term should be construed as requiring a particular type of microcontroller that included certain memory elements. That narrowed definition might have helped Shamoon avoid the prior art. But, the Federal Circuit upheld the PTABs broad claim construction of microcontroller finding that it was broadly used both in the claims and the specification.

Some of the claims required a confirmation message be sent once an instruction had been executed, and Shamoon argued that the prior art failed to teach a confirmation message related to an environmental device command. On appeal though, the court found that it was proper to combine the teaching of a confirmation message from a reference not related to environmental devices. Because Oinonen and Whitley disclose the environmental devices and commands, it does not avail Mr. Shamoon to complain that Menard does not. Slip Opinion. Shamoons argument here

Finally, Shamoon argued that applying AIA proceedings to his pre-AIA patent wasimpermissible taking by the United States without just compensation, in violation of the Fifth Amendment. The court quickly rejected this argument based upon its prior precedent in Celgene Corp. v. Peter, 931 F.3d 1342 (Fed. Cir. 2019) (retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.).

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Billings County sued over eminent domain as bridge dispute rekindles – Bismarck Tribune

Posted: at 7:25 am

A family whose ranch would be impacted by a bridge proposed over the Little Missouri River near Medora is suing Billings County, opening a new chapter in the yearslong battle in the western North Dakota Badlands.

Members of the family that owns the Short Ranch filed the lawsuitagainst Billings County and its commissioners in federal court.The lawsuit alleges a breach of contract and an improper deployment of what it said is an inevitable use of eminent domain in the countys actions pertaining to the project. Eminent domain is the taking of private land for public use with just compensation.

The Billings County Commission is composed of Lester Iverson, Steven Klym and Dean Rodne. The three commissioners did not immediately respond to the Tribunes requests for comment Aug. 3. County States Attorney Patrick Weir declined comment.

The proposed bridge that would run through the Short ranch has been in the works since 2006, according to attorneys for the family.

The county has said the bridge would provide reliability for emergency services, commerce, recreation and public travel.Public safety officials have supported the proposal in the past. Current Billings County Sheriff Dean Wykoffhas saidhe supports a bridge but opposes the use of eminent domain to build it.

The Short family believes the bridge would primarily benefit oil companies, according to their legal documents. They argue that the needs listed by the county can be fulfilled elsewhere.

If the county needs a bridge for public use, it needs to be built on public land and there is an incredible abundance of suitable public land for a bridge in Billings County, plaintiff David Short told the Tribune.

Current bridges over the Little Missouriare at Medora on Interstate 94 and south of Watford City on U.S. Highway 85. There are 18 unimproved private fords and one unimproved public ford that are used by some vehicles to cross the river, according to an environmental impact statement done in accordance with the National Environmental Protection Actas a requirement for building on anything under federal jurisdiction.

After the completion of the EIS in 2018 the Short family publicly opposed the project. They filed a lawsuit against the Federal Highway Administration, the agency that conducted the study, and also sued the County Commission when it intervened in the FHWA suit and voted to condemn parts of the Short ranch in 2020.

Plans for the bridge were seeminglyendedin 2021 whenthe commissionvoted 2-1 to scrap the project and not use eminent domain to secure the land. The Shorts dropped their case after they reached an agreement with the county that it would not pursue eminent domain or any legal action to take the Shorts' land, according to legal filings.

Plaintiff Sandy Short arguesthat most Billings County residents are opposed to the use of eminent domain.

Our family has cared for and protected this land for over a century, even while Congressman Don Short represented the State of North Dakota in Washington D.C., she told the Tribune. Taking it away from us now by the abusive power of eminent domain is wrong, it's un-American.

The deciding vote was flipped after then-County Commissioner MikeKasian lost his seat on the board to Klym in 2022.

Billings County opened up easement agreements again earlier this year, formally extending them on June 23 and offering $20,000 per acre for easements on the 30-acre ranch along with other temporary easements for construction. The countys previous offer had been $2,500 per acre with other construction-related easements.

Lawyers for the Short family argue this move is a breach of the agreement the family signed with the county in which the family would drop its previous lawsuits in exchange for the county stopping the pursuit of easements or eminent domain on the Shorts' land.

Derrick Braaten, one of the attorneys who filed the case, argued that this would mean agreements that the county signs with third parties would be subject to the whims of an election.

The Shorts' attorneys also argue that the use of eminent domain byBillings County is inevitable given the actions of the commissioners and the position of the family. They said this would be an improper use of the procedure, violating the Shorts' Fifth Amendment rights as well as North Dakota law.The Fifth Amendment states that private property can't be taken for public use without just compensation.

The lawyers question the extent to which the bridge serves public use and argue that due process has not been followed -- requirements for eminent domain.

There are exceptions to eminent domain, said Tim Purdon, who filed the suit with Braaten. The government doesnt always win in eminent domain cases.

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‘Tyler’ and a Call for Reform of the New Jersey Tax Foreclosure … – Law.com

Posted: at 7:25 am

On May 25, 2023, the U.S. Supreme Court issued what most would consider an unremarkable decision, Tyler v. Hennepin County, ___ U.S.____, 143 S.Ct. 1369 (2023), which concluded that the Minnesota tax sale law resulted in an unconstitutional taking in violation of the Fifth Amendment. The taking occurred as a result of the state tax sale law which allowed the county (the Minnesota taxing authority) to retain the owners equity in the real property beyond the amount to satisfy the outstanding taxes. By reason of the Tyler decision, Minnesota will be required to rewrite its tax sale law to permit owners to recover equity in real estate beyond the amount to pay the taxes.

While Tyler would at first blush seem to have a localized effect, the ripples are already being felt in New Jersey, which utilizes a similar tax sale system as the one used in Minnesota. The ripple was first evidenced in an unpublished Appellate Division decision, PC7 REOv. Johnson, No. A-1274-21, issued on June 9, 2023. In Johnson, the court considered whether there existed a basis to overturn a trial court decision in which the trial court refused to vacate a final judgment in tax foreclosure pursuant to New Jersey Court Rule 4:50-1. The Appellate Division agreed with the trial court that the owner had failed to establish a basis to vacate the judgment pursuant to Rule 4:50-1(a) for mistake, inadvertence, surprise or excusable neglect. The Appellate Division noted, however, that the trial court had failed to consider the owners argument for vacation of the judgment pursuant to Rule 4:50-1(f) for any other reason justifying relief from the operation of the judgment or order. The court noted that the U.S. Supreme Court had decided Tyler days after the trial court ruled in Johnson. In light of Tyler, the Appellate Division concluded that the owners argument that the judgment should be vacated pursuantto Rule 4:50-1(f) must be reassessed to consider whether the tax sale certificate holder, PC7, stands to gain an unconscionable windfall by obtaining equity in the property beyond that necessary to redeem the certificate.Id. *5. After detailing the expansive equitable purpose of Rule 4:50-1(f), to avoid a grave injustice, (Id. citing US Bank Natl Assn v. Guillaume, 209 N.J. 449, 484 (2012)), the court concluded:

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"Like fatter Tony Soprano Attending the Arraignment and "Effect[ing … – Emptywheel

Posted: at 7:25 am

Two amusing phrases from yesterdays news provide a wonderful opportunity to talk about how Trump will continue to manipulate his prosecution.

First, Peter Navarro continues to seek ways to stall his long-delayed trial on contempt charges, which is scheduled to start next month. In advance of his trial, Judge Amit Mehta has granted him an evidentiary hearing so Navarro can attempt to prove that the former President told him to invoke both testimonial immunity and executive privilege, as Trump did with Mark Meadows and Dan Scavino (which is almost certainly a big part of why they werent charged with contempt).

When granting Navarro the hearing, though, Mehta noted that Navarro has thus far not presented any evidence that Trump told him not to testify, and hell need to find formal evidence.

[T]he court does not at this time prejudge what type or manner of instruction from President Trump might suffice to constitute a formal assertion of privilege or immunity. See United States v. Navarro, No. 22-cr-200 (APM), 2023 WL 371968, at *23 (D.D.C. Jan. 19, 2023). The court previously left that question unanswered because Defendant had not come forward with any evidence of a presidential invocation. Id.; Jan. Hrg Tr. at 12. Defendants burden will include showing that the claimed instruction to invoke was a formal one.

Now, Navarro is attempting to delay both hearings because LizHarrington, Trumps spox, is due to give birth.

The first two filings in this dispute (Navarro, DOJ) included redacted bits and exhibits explaining how Trumps spokesperson could prove that Trump invoked testimonial immunity and executive privilege, though DOJ did make clear that they believe Harringtons testimony is inadmissible. Navarros response provides more detail: He wants Harrington to describe how he wrote a press statement she could release claiming Trump had invoked executive privilege (but not testimonial immunity).

Along the way, he reveals that Harrington testified to the grand jury and DOJ believes his proffer of her testimony materially conflicts with what DOJ locked her into saying.

Its clear from the Governments Opposition that it would prefer that Ms. Harrington not testify at the evidentiary hearing.1 Although it claims that her testimony is generally speaking not in dispute, it challenges its relevance of the calls she had with Dr. Navarro and the email she received from him on February 9, 2022, the day the J6 Committee served its subpoena. Opp. n.1. Standing alone, Ms. Harringtons testimony does not prove that former President Trump instructed Dr. Navarro to assert executive privilege in response to the Committees subpoena. But the testimony is corroborative of other evidence including Dr. Navarros anticipated testimony that he was following President Trumps instructions when he notified the Committee that it should negotiate the privilege issue with its holder.2

Ms. Harrington will explain that after being served with the subpoena, Dr. Navarro called her and then followed up by sending the media statement he planned to publicly issue that day. The statement explained that President Trump had asserted executive privilege and noted that the J6 Committee should negotiate any waiver of the privilege with his attorneys and him. Ms. Harrington conveyed the statement to two of President Trumps administrative assistants and, later that day, Dr. Navarro publicly released the statement. See Defense Exhibit 7

1 In its zeal to prosecute Dr. Navarro and keep Ms. Harrington from testifying, the Government has implicitly threatened her with perjury if she intends to testify inconsistent with her grand jury testimony and that she must first waive her Fifth Amendment right not to incriminate herself. Opp. at 3. This assertion is at odds with long-standing precedent that: Our legal system provides methods for challenging the Governments right to ask questions lying is not one of them, United States v. Wong, 431 U.S. 174, 178 (1977), and so, [e]ven constitutionally explicit Fifth Amendment privileges do not exonerate affirmative false statements. United States v. North, 708 F. Supp. 380, 383 (D.D.C. 1988) (citing Wong, 431 U.S. at 178). Regardless of whether Ms. Harrington could assert the Fifth Amendment to avoid what the government submits would be perjured testimony, the reality is that Mr. Harringtons anticipated testimony is wholly consistent with her grand jury testimony the government just failed to ask probative follow up questions of her at the time.

Then, Navarros lawyers the lawyer he shares with Kash Patel and Walt Nauta, Stan Woodward, the lawyer he shares with Carlos De Oliveira, John Irving, and the lawyer he used to share with Trump himself, John Rowley attempt to disclaim simply using Harringtons pregnancy as an excuse for delay.

The Government alleges without any basis that Dr. Navarros request for continuance of the hearing is strategic and done for improper reasons. Opp. at 1-2. Leaving aside the personal attack on defense counsel, there is no plausible strategic reason for the request and the Government provides none Ms. Harringtons pregnancy is not effected by the timing of the filing of Dr. Navarros motion. No prejudice to the Government would result from a short continuance and it would be fundamentally unfair to Dr. Navarro to deny calling Ms. Harrington as a witness on his behalf. [my emphasis]

But along the way, because they used effected instead of affected, they literally deny that the act of filing Navarros motion did not cause Harringtons pregnancy.

Im sure it didnt.

But it also appears to be the case that DOJ locked Harrington who may be the only one in Trumps camp that Navarro spoke to during the period when he was subpoenaed into testimony about the substance of their communication. And now Navarro is trying to admit his own hearsay to prove that Trump, absent any written filing, told Navarro to invoke both testimonial immunity (of which theres no known evidence) and to raise executive privilege in the same informal way he did with Steve Bannon, which did not work for Bannon at trial but which is the substance of his appeal.

Mehta has called a pre-hearing hearing late this afternoon to sort all this out.

That phrase Ms. Harringtons pregnancy is not effected by the timing of the filing of Dr. Navarros motion would have been my favorite Trump-related phrase yesterday, if not for the description of Boris Epshteyn in this story of how he allegedly molested two women after getting drunk and belligerent at a bar in Scottsdale in 2021.

We have a high tolerance of people like being weird, but that went above and beyond, she said, adding that the man grabbed the women about 10 times. I was like, stop touching my sister. Stop touching me. Stop touching my friends.

Police asked the older sister to describe Epshteyn.

Fat, ugly, like drooping face. White Ralph Lauren Polo, she said. Like fatter Tony Soprano.

An officer asked: Would you be willing to press charges?

She responded: Yes. (Expletive) that guy.

The NYT including Maggie Haberman had reported directly from the arrest report in a beat sweetener burying this and even more damning criminal exposure earlier this year, but had left out the fat part.

Im using the phrase Like fatter Tony Soprano as my excuse to pick up an observation that William Ockham made yesterday about DOJs proposed schedule for a Trump trial on the January 6 charges.

Furthermore, the defendant and his counsel have long been aware of details of the Governments investigation leading to his indictment, having had first contact with Government counsel in June 2022. Indeed, at his initial appearance, the defendant was accompanied by an attorney familiar with certain relevant pre-indictment information. In sum, the defendant has a greater and more detailed understanding of the evidence supporting the charges against him at the outset of this criminal case than most defendants, and is ably advised by multiple attorneys, including some who have represented him in this matter for the last year.

In addition to noting that Trumps attorneys have been aware of the course of this investigation because of repeated contacts with prosecutors going back to June 2022 including Executive Privilege challenges to the testimony of Marc Short, Greg Jacob, Pat Cipollone, Pat Philbin, Mark Meadows, John Ratcliffe, Robert OBrien, Ken Cuccinelli, and Mike Pence it also noted that an attorney familiar with certain relevant pre-indictment information accompanied him to his arraignment.

I agree with Ockhams supposition that thats a reference to Boris like fatter Tony Soprano Epshteyn. Boris attended the arraignment as he has some or all of Trumps but was not an attorney of record.

Back in April, before Rudy or Mike Roman or Bernie Kerik did so, Boris spent two days in interviews with Jack Smith and his prosecutors in what the press got told was a proffer.

The interview was largely focused on the efforts by former President Donald Trump and his allies to overturn Trumps 2020 election loss. The second day of questioning was planned in advance, the sources said.

Epshteyn did not immediately respond to a request for comment from ABC News.

Prosecutors questions focused around Epshteyns interactions with former Trump attorneys Rudy Giuliani, Kenneth Chesebro and John Eastman, in addition to Trump himself, according to sources.

If the allusion in the proposed schedule is a reference to Epshteyns interviews, it confirms my general suspicion that Smith is using proffers as a way to get key subjects of the investigation on the record, rather than necessarily flipping them. It suggests that Smith is willing to show a few of the cards he has at least on the prosecution focused largely on facts that were already public last year in order to lock key subjects in on their testimony, just as DOJ would have been doing with Liz Harringtons grand jury appearance.

But because Todd Blanche is an attorney of record for both Trump and Boris, this proffer would have been an especially obvious way for Trump to obtain information about the prosecution against him. In both the January 6 case and the stolen documents one, Boris is playing both a suspected co-conspirator and advisor on how to blow up the prosecution for political gain.

And that is why, I suspect, DOJ is being so particular about whether volunteer attorneys might include co-conspirators who also happen to be lawyers.

Without a clearly defined relationship of employment or privilege, this language is boundless. For example, several co-conspirators are identified as attorneys, whom the defense might interpret as other attorneys assisting counsel of record. The Court should not accept the edit.

The method to both of these defense ploys is the same. It rests on an inter-locking and wildly conflicted set of attorney relationships to create in first instance an omert leading many key witnesses to give partial testimony which, as both cases, plus Navarros, move toward trial, will evolve into an effort to rework existing sworn testimony to create some flimsy story for Trump or Navarro to use to attempt to stay out of prison. This is what DOJ has spent much of the last 14 months preparing for: Trumps attempt to move the goalposts once he discovered how much of the truth prosecutors had uncovered.

Its not, just, that DOJ has to try the former President in at least two venues, an already unprecedented task. Its that the entire criminal gang is gambling that if they just get beyond the election, any and all lies can be excused in a wave of pardons like Trump used to escape his Russian exposure.

Update: CNNs Katelyn Polantz suggested that the reference to lawyer accompanying Trump may be Evan Corcoran. Corcoran was a part of all the sealed proceedings going back 9 months.

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Call to faith-based leaders to help end violence; Parents need to pay … – Capital Gazette

Posted: at 7:24 am

Since the horrific mass shootings in the neighborhood off of Edgewood Road and the recent homicide in Bywater Mutual Homes community last week, I have received numerous telephone calls as to what will I do to bring the community together to stop the violence.

These senseless killings have touched all of us in different ways. It has caused our families distress, tears, mental health issues and of all things, the loss of life.

As a minister, Im reminded of the scripture from 1 Peter 2:1 But you are a chosen people, a royal priesthood, a holy nation, Gods special possession

Some of you might disagree with me as a United Methodist Minister, but the word Im focusing on is God, as we are all Gods children but with rules, principalities and government, we have some different God. We find ourselves in a world trying to analyze who God is. The purpose of this article is for the listening ears of all clergy, it does not matter your denomination, your belief or unbelief.

I believe there is much unrest within the bounds of clergy, your theology, your understanding of God and your protective territory in which you serve. Im asking you to surrender to the will of God, which is love, the love of self and your neighbor.

I cannot do this thing of ministry alone; Im soliciting your support in a meeting to talk about what we can do as a unified body to reconstruct the brokenness in our communities. Our children should feel safe playing on the playgrounds within their community and what can we offer to the parents of these children. Please, let us stop our different of theology and accept the olive branch, we can accomplish more as a body than a few persons.

Many of you question my relationship with the Annapolis Police Department and yes, I am a chaplain and work closely with Chief Edward Jackson, in whom I am inspired by with his leadership. He has issued a short-term initiative that commenced on July 14 and will continue for eight weeks ending on Sept. 7.

The plan consists of three Initiatives that require overtime expenditures for plan initiation. Included with this plan is a list of the departments long-term goal initiatives and a summary of our overall efforts to combat crime. The mayor and city council have given their approval of this plan and have given Jackson their support.

Yes, I will continue my ministry in and outside the walls of the sanctuary in which I serve. Im soliciting your support in the gathering of a meeting of discussion to improve the lives of the people in whom we serve.

Minister Walter Smith has been my support anchor and is a blessing. We have talked about where is the faith community leaders and dialogue on how we can rebuild the breach which is in need of repair.

I look forward to hearing from you to schedule a meeting to get your input. This communication is for all faith-based leaders and is not determined by denominations. My email address is jwesley2114@yahoo.com and cell phone is 443.822.5537; Minister Smith can be reached at waltsmith561@gmail.com and 443.881.6079.

Rev. S. Jerry Colbert, Annapolis

UM Minister & APD Chaplain

The Anne Arundel County Board of Education had a hearing on June 26 and heard comments from the community about the display of flags in classrooms.

Fox 45 had a news crew on site for that BOE hearing. Its evening show reported on the controversy and after the show sent out a poll to viewers. It showed 92% of those polled agreed that only the American state and county flags should be displayed in public school classrooms.

So, the vast majority of the public wants only U.S., state and county flags displayed, but this school board, with the backing of the activist teachers union, voted down the policy proposal and will continue to fly the pride flags in county classrooms.

At the May BOE hearing, an Anne Arundel County elementary school teacher testified that she felt compelled to discuss gender issues with the young students in her classroom.

At the June Pride March in New York City, the marchers chanted Were here, were queer, were coming for your children.

While he was organizing a Drag Queen Story Hour for children as young as 3 years old, Drag Queen Dylan Pontiff stated, We are trying to groom the next generation.

Characters such as the Genderbread Person and the Gender Unicorn are being presented in schools across the country and in childrens books in public libraries.

This leads to confusion in the childrens minds, distracts them from learning the core subjects to allow them to thrive in the world and global economy.

The 2022 U.S. News and World Report ranking of high schools shows that Anne Arundel Countys school rankings have dropped markedly since the last ranking in 2020.

So, what is the end game? Connect the dots. Children are presented with discussions on gender year after year under the pride flag. They become confused and distracted leading to psychological gender dysphoria. Tragically, many of the children eventually consider hormones or surgical procedures.

A Swedish 30-year longitudinal study has found that after 10 years of gender transition, the suicide rate of transgender re-assignment is 19 times the norm.

The federal Family Educational Rights and Privacy Act requires that schools allow parents to inspect and review their childs education records as long as the child is under 18.

Rather than dismissing this position as extremism, it is a practical statement of the common-sense facts in front of all to see.

Parents, please pay very close attention to what is being presented to your children.

Michael Vernon, Crownsville

The just-announced legal settlement with the family of Henrietta Lacks by Thermo Fisher Scientific for the companys commercialization of her cervical tissue is not only a step toward racial justice, but it may also help secure reproductive rights.

Although the settlement is out-of-court, the outcome of the case confirms existing court rulings that hold our bodily tissues and organs to be our property under American law.

It follows from this that government seizure, control and use of our organs for public purposes is regulated by the Takings Clause of the Fifth Amendment. It prohibits the seizure of property without compensation.

Restrictions on abortions imposed by states after the courts reversal of Roe v Wade, therefore, violate the Fifth Amendment. Abortion bans effectively seize control of womens wombs for the duration of pregnancy without compensation to achieve the public purpose of bringing a fetus to full term.

Any woman incurring costs and suffering injury because of these restrictions has grounds to sue for state compensation for the taking of property. They could be joined in legal action by health insurers that bear some of these costs or sued by survivors of any woman who died as a result.

Suits based on this reasoning are likely to succeed. Conservative justices reject the privacy-right basis of Roe because it is implied and not part of the Constitutions text. They cannot ignore the explicit plain-text meaning of the Fifth Amendment. This is especially true given that these same justices have urged the court to embrace a more expansive interpretation of the Takings Clause.

If pro-choice organizations pursue this legal route, they might not be able to guarantee reproductive freedom, but they can make states that restrict this freedom pay dearly for seizing control of womens organs.

Thomas Woodward, Arnold

Congratulations and thanks to Anne Arundel County, the VA Maryland Health Care System and the Maryland Department of Veterans Affairs that organized and hosted the PACT Act Veterans Claims Clinic & VA Health Care Enrollment Fair at Anne Arundel Community College on July 26.

This was a first for Anne Arundel County. Many thanks to the county executive for his support and to Department of Aging and Disabilities staff who participated. Thanks to the Maryland Department of Veterans Affairs, the County Veterans Affairs Commission, and the many other organizations that participated that day. The venue was the Anne Arundel Community College (Student Union). An estimated 120 veterans registered to attend, though more arrived who had not registered (and were helped).

Initial reactions from both sides of the table recognize the event was well-organized and well-run, and a repeat in the future is recommended. This was not only a great opportunity for veterans to file claims, but also a great opportunity for county organizations to learn how they interact with one another. Attendance exceeded expectations!

John Church, Davidsonville

Colonel, USAF Ret

The news is full of stories of wildfires followed by the typical alarmist pronouncements about climate change. But during the last two decades satellites have recorded fires across the planet and data from NASA shows the area burned each year has been decreasing since 2002. In that year it was over 3%, but it hit a new record low of 2.2% in 2022.

The Hoover Institution at Stanford University reports that last year the acreage burned by fires in the U.S. was just one-fifth that which burned annually in the 1930s.

Fortunately, most people are now becoming aware that the climate problem has been over-hyped. While global warming is a real challenge, most are not willing to support the incredibly expensive policies proposed by green politicians.

The Armageddon claims are intended to scare us into accepting these expensive policies that will have only a negligible, if any, real impact upon the world.

Worse still, anyone who claims otherwise is labeled a flat-earther or otherwise ridiculed and subject to cancelation. Even Nobel Prize winning physicist Dr. John Clauser was censored for daring to say, In my opinion, there is no real climate crisis. He added that the problem of providing energy to the worlds growing population is a crisis that is unnecessarily exacerbated by incorrect climate science.

Sensible discussion and debate are needed. With the media exulting the alarmists and ignoring anyone who contradicts them, I am not hopeful that we will get it.

Charles Muskin, Arnold

Deale Beach residents, be aware of your Property Tax Bill. You will see that you have been charged $471.17 dollars by your Home Owners Association. The $75 you were paying has now SUBSTANTIALLY increased.

You can contact your HOA through email at dealebeach@gmail.com to receive an excuse of why we are being more or less bribed into paying the amount. Because if you dont pay your Property Tax Bill, the county can step in and issue a fine, or threaten to sell your property to pay the tax you owe.

A review of the Budget Request Form of Expenditures showed no mention or warning of this large amount of fees to be charged to our Property Tax Bill.

The HOA says the money is to repair our very small bulkhead, and a few ramp repairs.

If they accrue $471.17 from 181 residents that amount would be $85,280. And the HOA has $11,500 in reserve funds. No one debates not keeping our small community in a proper condition, but to increase HOA fees by quadruple is someones extremely in poor judgment.

Also, when a member of the committee issues derogatory statements to another member, who dissented from the vote to increase the fees, it makes us wonder about the professionalism of the officers.

And one last comment: The HOA might continue to charge this amount or increase it in the future.

I would welcome anyone who could help with having these fees reduced significantly.

Vicki Marsh, Deale

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Are there still pieces of land unclaimed by any country? – The Jerusalem Post

Posted: at 7:24 am

Almost every piece of land on Earth belongs to a sovereign state and is strictly fenced off by borders. Try to challenge these limits and it's a surefire way to get military forces headed your way. However, there are a small number of areas on Earth that no sovereign state claims ownership of.

These pieces of land are known as Terra Nullius - an expression that originates from Roman law and means: "Land that does not belong to anyone." Under this category, you will find Bir Tawil between Egypt and Sudan, some questionable areas on the Croatia-Serbia border, and a vast area in Antarctica.

One of the most significant examples of terra nullius is Bir Tawil, a 2,060 square kilometer trapezoidal piece of land near the border between Egypt and Sudan, which neither country claims ownership of. This land is barren, although it is often frequented by transient nomadic Bedouin tribes, such as the Ababda people.

It does not belong to any country mainly thanks to the borders established by the British Empire in the 19th and 20th centuries. According to the US State Department, Britain reached an agreement with Egypt in 1899 that stated that "the territories south of the 22nd parallel" belonged to Sudan, placing Bir Tawil under Sudanese control.

In 1902, the British prepared another plan for the Sudan-Egypt border. As part of this plan, Bir Tawil was transferred to the Egyptian administration because the area was occasionally used by the Ababda tribe, which was based near Aswan in southern Egypt.

While Egypt wants to stay within the original 1899 border, Sudan stands by its demand to recognize the administrative border of 1902. In other words, Egypt believes Bir Tawil is in Sudan, but Sudan believes it is in Egypt. In practice, Egypt controls the place, even though it removed it from its official maps.

Several groups have tried over the years to claim ownership of the land, but none of them have been internationally recognized. In 2014, US resident Jeremiah Heaton of Virginia tried to take ownership of the region, calling it the "Kingdom of North Sudan" and declaring himself king. His motivation was that he could grant his 6-year-old daughter Emily's wish to be a princess. Not surprisingly, his claim was not recognized by the UN and no country recognized the independence of the region.

Another, more realistic, idea is that Bir Tawil could serve as an example of a new type of jurisdiction where the natives own the rights to the land. But for now, Bir Tawil does not belong to anyone.

In the eyes of international law, no part of Antarctica is owned by any one country. However, this has not stopped seven countries from claiming parts of the continent as their own: Argentina, Australia, Chile, France, New Zealand, Norway, and the United Kingdom.

The typical map showing these territorial claims would show Antarctica sliced up like a pizza, with Australia and Norway taking the lion's share. However, it is worth noting that one corner has not been claimed by any country and is known as Marie Byrd Land.

The area is named after the wife of US Navy officer Richard E. Byrd, who explored the area in the early 20th century. Covering 1,605,792 square kilometers, Marie Bird is the largest unclaimed territory in the world. This is simply because it is isolated and impassable, even by Antarctic standards.

In 1939, the president of the United States, Franklin Delano Roosevelt, ordered the members of the United States Antarctic Service Mission to take steps to claim sovereignty over various areas in Antarctica as US territories.

Despite these attempts, these measures were not recognized as official in 1959, when the Antarctic Treaty System was established (which states that there is no sovereignty in Antarctica). Nevertheless, the United States Department of Defense sometimes claims the sovereignty of the United States in Antarctica, following the country's research activities there prior to 1959.

As of 2023, no existing country has sovereignty over Marie Byrd Land.

Between the Balkan border of Croatia and Serbia, on the east bank of the Danube River, there are several parcels of land that have been hotly contested since the breakup of Yugoslavia in the 1990s.

On the west bank of the river, there is the opposite problem: about four pieces of land are not claimed by either country. Gornja Siga is the largest of these areas and comprises only seven square kilometers of forested land that acts as a floodplain for the Danube. It is technically under Croatian control, although they state that the land is Serbian, while Serbia does not claim ownership of the land.

Although neglected by Croatia and Serbia, several other parties were very interested in the idea of making Gornja Siga their own. In April 2015, a small group of libertarians led by Czech politician Vit Jedlika planted a flag on the uninhabited swamp and declared it a new micro-state called Liberland or the Free Republic of Liberland. The idea was to turn it into a libertarian utopia with no mandatory taxes, minimal state regulations, and Bitcoin as currency.

"The motto of Liberland is 'To live and let live' as it prides itself on personal and economic freedom for its people; this includes limited power given to the government to ensure less interference with the freedom of the people and the nation as a whole," says the Liberland website, where you can even apply for citizenship.

The goal of the founders is to allow honest people to prosper without the oppression of governments that impose restrictions and unnecessary taxes. The founders plan to publish a constitution and a set of laws, as well as establish a government that will include 10-20 members who will be elected democratically using electronic voting, as well as implement elements of direct democracy. In addition, there is a plan to launch a decentralized currency such as Bitcoin.

Unfortunately, this utopian dream has encountered several obstacles. Despite having shown little interest in Gornja Siga in the past, the Croatian authorities were not keen on the idea of a wild libertarian micro-state on their doorstep, so their police force has been arresting anyone trying to set foot on the land ever since and effectively preventing settlement there.

Several micro-states have expressed support for the idea of Liberland, including an enclave kingdom that claims ownership of an additional piece of land from the disputed region north of Liberland. Another supporter of Liberland is the Principality of Sealand a unique sea fortress that sits about 12 km east of Suffolk in the North Sea, yet despite its proximity to Britain, it claims to be its own nation even though visiting it is prohibited.

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Are there still pieces of land unclaimed by any country? - The Jerusalem Post

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What to Know About the New Dominant Covid Variant – The New York Times

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Concern is rising about the Covid-19 variant EG.5. This week, it became the dominant variant in the United States, and the World Health Organization classified EG.5 as a variant of interest, meaning it has genetic changes that give it an advantage and its prevalence is growing. So how worried should people be about it?

While severe illness in older adults and people with underlying conditions is always a concern, as is long Covid in anyone who gets infected, experts say EG.5 does not pose a substantial threat or at least no more of one than any of the other major variants currently circulating.

Its a concern that its increasing, but it doesnt look like something thats vastly different from whats already been circulating in the U.S. for the past three to four months, said Andrew Pekosz, a professor of molecular microbiology and immunology at Johns Hopkins University Bloomberg School of Public Health. So I think thats what tempers my concern about this variant, at this point in time.

Even the W.H.O. stated in its announcement that, based on the available evidence, the public health risk posed by EG.5 is evaluated as low at the global level.

The variant was identified in China in February 2023 and was first detected in the United States in April. It is a descendant of the Omicron variant XBB.1.9.2 and has one notable mutation that helps it to evade antibodies developed by the immune system in response to earlier variants and vaccines. That advantage may be why EG.5 has become the dominant strain worldwide, and it could be one reason Covid cases have started to rise again.

That mutation may mean that more people are susceptible because the virus can escape a little bit more of that immunity, Dr. Pekosz said.

But EG.5, which has also been called Eris, does not appear to have any new capacities when it comes to its contagiousness, its symptoms or its likelihood of causing severe illness. Diagnostic tests and treatments such as Paxlovid continue to be effective against it, Dr. Pekosz said.

Dr. Eric Topol, executive vice president of Scripps Research in La Jolla, Calif., said he isnt overly worried about the variant; however, he would feel better if the new vaccine formulation, which is expected to be rolled out in the fall, was already available. The updated booster was developed based on another variant that is genetically similar to EG.5. It is expected to provide better protection against EG.5 than last years shot, which targeted the original coronavirus strain and a much earlier Omicron variant that is only distantly related.

My main concern is for the people at high risk, Dr. Topol said. The vaccines that theyve had are too far removed from where the virus is right now and where its going.

Experts are more apprehensive about other emerging variants that carry the same immune evading mutation as EG.5, plus another mutation that makes the virus more transmissible. Scientists have nicknamed the combination of these mutations FLip, because they both flip the positions of two amino acids, labeled F and L. While these FLip variants make up only a small proportion of Covid cases currently, they could trigger a greater increase in infections in the coming months.

Im generally very concerned about the overall rate of evolution for SARS-CoV-2, said Trevor Bedford, a professor in the vaccine and infectious disease division at Fred Hutchinson Cancer Center. No single variant has been that impactful, but the overall accumulation of these mutations is having significant impact.

Despite the growing number of mutations, it is highly unlikely these new variants will cause a surge akin to the one that occurred in the winter of 2022 with the first Omicron variant, Dr. Topol said. Its nothing like what weve been through with Omicron in terms of how much more transmissible these variants are, he said. But there will be more reinfections.

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What to Know About the New Dominant Covid Variant - The New York Times

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Should You Get Another Covid Booster Now, or Wait Until the Fall? – The New York Times

Posted: at 7:24 am

An uptick in Covid-19 cases and the fast-approaching new school year have many people wondering when they should get their next booster. The short answer, according to experts: not quite yet youll be a lot better off if you wait another month or two.

In June, an advisory panel to the Food and Drug Administration recommended that the next Covid vaccine formulation target the Omicron XBB.1.5 variant.

Pfizer, Moderna and Novavax are now working to update, test and mass-produce their vaccines, which will then need to be officially authorized by the F.D.A. Experts estimate that shots will be available to the public by late September or early October.

For most people right now, it seems to me waiting makes more sense, said Dr. Paul Sax, the clinical director of the division of infectious diseases at Brigham and Womens Hospital.

There are two main reasons to hold out for the updated vaccine. First, it will be a better match for the variants that are currently circulating.

The majority of the coronavirus strains infecting people right now are either descended from, or related to, XBB.1.5, so the decision to target that variant with the vaccine was about as good as you could imagine for the moment, said Trevor Bedford, a professor in the vaccine and infectious disease division at Fred Hutchinson Cancer Research Center.

The vaccine will most likely also provide some protection against EG.5, which recently became the dominant variant in the United States, accounting for about 17 percent of current cases. EG.5 is descended from another XBB variant and has a few additional mutations, so antibodies produced by the updated vaccine may not be quite as effective against it. But the new booster is still a better fit for EG.5 than last years booster, which targeted both the original Covid strain and the BA.5 Omicron variant neither of which appear to be circulating anymore.

Dr. David Boulware, a professor of medicine specializing in infectious diseases at the University of Minnesota Medical School, added that because the new vaccine is a better match for the current variants, he is somewhat optimistic that it will help prevent not only severe disease but also infection.

Once youre boosting with the variant that is closest to whats actually circulating, you will most likely regain some protection against infection, he said.

The second reason to wait a month or two for the new vaccine is that it will increase the odds that your defenses against the virus will be strongest when cases are expected to peak, historically between December and February. Antibodies wane over time, and protection is highest during the first three months following an infection or vaccination.

Case numbers are increasing now, but theyre not at exceptionally high levels, Dr. Sax said. I cant imagine, though, that they wont go up again in November, December or January, as they did every single year in the past three years.

If youve had Covid recently, experts suggest waiting a few additional months before getting the new shot. Your antibodies are already elevated because of the infection, and so the vaccine wont provide you with much additional benefit during this time.

In case you need a little extra motivation to get the new booster, vaccination is the only proven way to shorten a case of Covid, Dr. Boulware said. In a study published last year, he found that people who got Covid within six months of receiving a shot had less severe disease and shorter duration of illness.

If youre worried about catching Covid in the meantime, use the behavioral protections youve employed throughout the pandemic: Avoid big crowds; wear a high-quality, well-fitting N95, KN95 or KF94 mask when youre in indoor public settings; and try to make sure rooms are well-ventilated even opening a window can help.

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Should You Get Another Covid Booster Now, or Wait Until the Fall? - The New York Times

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A ‘mini cyclone’ helps detect coronavirus in the air – Science News Explores

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aerosol: (adj. aerosolized) A tiny solid or liquid particle suspended in air or as a gas. Aerosols can be natural, such as fog or gas from volcanic eruptions, or artificial, such as smoke from burning fossil fuels.

antibodies: Any of a large number of proteins that the body produces from B cells and releases into the blood supplyas part of its immune response. Theproduction of antibodies is triggered whenthe body encounters an antigen, some foreign material. Antibodies then lock onto antigens as a first step in disabling the germs or other foreign substances that were the source of those antigens.

commercial: An adjective for something that is ready for sale or already being sold. Commercial goods are those caught or produced for others, and not solely for personal consumption.

coronavirus: A family of viruses named for the crown-like spikes on their surface (corona means crown in Latin). Coronaviruses cause the common cold. The family also includes viruses that cause far more serious infections, including SARS and COVID-19.

COVID-19: A name given to the disease that erupted into a massive global pandemic in 2020. It first emerged in 2019 and is caused by a new coronavirus known as SARS-CoV-2. Symptoms can include pneumonia, trouble breathing, feeling too tired to walk more than a few steps, fever, headaches, low blood-oxygen levels, blood clots and brain fog.

cyclone: A strong, rotating vortex, usually madeof wind. Natural examples includea tornado or hurricane.

electricity: A flow of charge, usually from the movement of negatively charged particles, called electrons.

electrode: A device that conducts electricity and is used to make contact with non-metal part of an electrical circuit, or that contacts something through which an electrical signal moves. (in electronics)Part of a semiconductor device (such as a transistor) that either releases or collects electronsor holes, or that can controltheir movement.

electron: A negatively charged particle, usually found orbiting the outer regions of an atom; also, the carrier of electricity within solids.

filter: (n.) Something that allows some materials to pass through but not others, based on their size or some other feature. (v.) The process of screening some things out on the basis of traits such as size, density, electric charge. (adj. filtration)

flu: Short for influenza. A highly contagious viral infection of the respiratory passages causing fever and severe aching. It often occurs as an epidemic.

HEPA: An acronym for high-efficiency particulate air. It's a term for a type of pleated air filter (usually made of cloth). It can theoretically remove at least 99.97 percent of airborne particles that are at least 0.3 microns in diameter. That includes most bacteria, dust, mold and pollen. Any particles that are larger or smaller may be trapped even more efficiently. Such filters are often used on vacuums, ventilation systems and as covers to protect the nose and mouth.

immune system: The collection of cells and their responses that help the body fight off infections and deal with foreign substances that may provoke allergies.

infection: A disease that can spread from one organism to another. Its usually caused by some type of microbe.

link: A connection between two people or things.

liquid: A material that flows freely but keeps a constant volume, like water or oil.

nasal: Having to do with the nose.

particle: A minute amount of something.

PCR: An acronym for polymerase chain reaction. It's a biochemical process that repeatedly copies a particular sequence of DNA.

protein: A compound made from one or more long chains of amino acids. Proteins are an essential part of all living organisms. They form the basis of living cells, muscle and tissues; they also do the work inside of cells. Antibodies, hemoglobin and enzymes are all examples of proteins. Medicines frequently work by latching onto proteins.

SARS-CoV-2: A coronavirus that emerged in Wuhan, China, in late December 2019. It would go on to cause widespread and sometimes lethal disease throughout China and many other nations. Its name reflects its close similarity to the original coronavirus known as SARS (for severe acute respiratory syndrome). That SARS virus sparked a global outbreak of disease in 2003.

system: A network of parts that together work to achieve some function. For instance, the blood, vessels and heart are primary components of the human body's circulatory system. Similarly, trains, platforms, tracks, roadway signals and overpasses are among the potential components of a nation's railway system. System can even be applied to the processes or ideas that are part of some method or ordered set of procedures for getting a task done.

virus: Tiny infectious particles consisting of genetic material (RNA or DNA) surrounded by protein. Viruses can reproduce only by injecting their genetic material into the cells of living creatures. Although scientists frequently refer to viruses as live or dead, in fact many scientists argue that no virus is truly alive. It doesnt eat like animals do, or make its own food the way plants do. It must hijack the cellular machinery of a living cell in order to survive.

voltage: A force associated with an electric current that is measured in units known as volts. Power companies use high voltage to move electric power over long distances.

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A 'mini cyclone' helps detect coronavirus in the air - Science News Explores

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Infection prevention and control in the context of coronavirus … – World Health Organization

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Overview

TheInfection prevention and control in the context of coronavirus disease 2019 (COVID-19): a living guidelineconsolidates technical guidance developed and published during the COVID-19 pandemic into evidence-informedrecommendations for infection prevention and control (IPC). Thisliving guidelineis available both online and PDF.

This version of the living guideline (version 5.0)includes the following seven revised statements for the prevention, identification and management of SARS-CoV-2infections among health and care workers:

Understanding the updated section

Prevention of infections in the health care setting includes a multi-pronged and multi-factorial approach that includes IPC and occupational health and safety measures and adherence to Public Health and Social Measures in the community by the health workforce. The underlying infection prevention and control strategy of this section is the notion that early identification of symptomatic cases, testing and quarantining/isolating health and care workers decreases the risk of nosocomial infection to patients and to other health and care workers.

Version 5.0 of the living guideline supersedes the previous guidance on thePrevention, identification and management of health worker infection in the context of COVID-19issued in October 2020.

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Infection prevention and control in the context of coronavirus ... - World Health Organization

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