As we all know, thanks to shift changes, cabs are scarce between 4 and 5 p.m. But have you ever wondered where the few taxis that are still on the road are going? Wonder no more. As part of the Hacks/Hackers NYC meetup Zoe Fraade-Blanar and others mapped TLC data for that hour from a single Tuesday in March 2009 into the awesome above graphic. [ more › ] 
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In September 2009, we reported on an Australian Patent Office (APO) decision relating to an application for an extension of patent term for a trans-dermal patch. The application for an extension of patent term was denied by the APO on the basis that the claim was not directed to a “pharmaceutical substance” as is required by Section 70(2)(a). Our report on the APO decision denying the application for an extension of patent term can be found at the below link. As you can see, we found the APO’s decision uncontroversial, given that the claim was limited by reference to a “backing layer”. LTS Lohmann Therapie Systeme AG and Schwartz Pharma Ltd and Commissioner of Patents [2010] AAT 809.
The patentee appealed the APO decision to the Administrative Appeals Tribunal (AAT). The AAT has now handed down a decision confirming the APO’s denial of the application for an extension of patent term. The AAT appeal decision can be found here: LTS Lohmann Therapie Systeme AG and Schwarz Pharma Ltd and Commissioner of Patents [2010] AATA 809 (22 October 2010).
Whilst we find the AAT’s confirmation of the original APO denial uncontroversial, we are concerned by the AAT’s reasoning and particularly by the AAT’s comments at paragraph 32 where the AAT is critical of an unrelated APO decision (the Organon decision) in which the APO granted an extension of term for a patent directed to a steroid-impregnated, polymeric implant. In the Organon decision, the APO formed the view that the proper approach to deciding whether a claim is directed to a “pharmaceutical substance” (and hence eligible for an extension of term) is to look at the level of integration between the formulation and the associated delivery device.
At paragraph 32 of the appeal decision, the AAT suggests that the proper approach is to narrowly construe the phrase “pharmaceutical substance” to mean “the active ingredient(s)”. If the AAT’s approach is correct, then an extension of term will only be available for patents which have claims directed to novel & inventive active(s). The presence in the claim of any non-active will disqualify the patent from an extension of term.
It is our view that the AAT has seriously erred in construing “pharmaceutical substance” in this extremely narrow way. Our view for a broader construction is supported by the fact that “pharmaceutical substance” is defined in Schedule 1 of the statute as meaning “a substance (including a mixture or compound of substances) for therapeutic use…”.
We now wait to see how the APO will deal with the next application for an extension of term where the claim is limited by reference to some non-active constituent.
Today’s post is by Guest Barista Bill Bennett of Pizzeys.
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Insightful piece by Matt Creamer in Adage today which correctly challenges the Klout-kerfuffle about Influence in social media.
Matt's on the money when he suggests...
Influence is not the same as popularity
Influence is not the same as fame
Influence is not the same as the nature or form of our connectedness to each other (and by the way most human social networks are not of the hub-and-spoke variety that the Influentials Hypothesis proposes).
....though each of this can help us understand aspects of influence.
So what is it?
Influence is what makes the difference between an idea or behaviour being adopted (or not) amongst those around us and those around them (and so on).
Influence is often much easier to see after the fact and harder to predict ahead of time than we imagine - as Duncan and others have repeatedly pointed out - so we shouldn't imagine that because something does or doesn't seem to be a driver of others' behaviour that it would do so if we re-played the tapes).
But it's probably best understood as something the Influenced do in response to those around them (as opposed to something the Influential do to them).We call it Social Learning or plain old Copying
Influence is not fixed for most modern human life but fluid - not least because most human life now consists not of repeated interactions with the same few poorly connected individuals (beyond our little closed tribe) but rather of this plus fleeting indirect connections to millions of others and their groups and their connections. Not to mention the fact that most choices over which we permit other folk to have an influence are between equally good, fundamentally indistinguishable options (certainly compared to the few life-or-death decisions subsistence tribes face).
So next time the clowns at Klout start wittering on about influence, stop before you let them shape your opinions...
Nintendo of America's President Reggie Fils-Aime joins us, we'll recap Motorola's best CES Press Conference ever and Microsoft let's us down with theirs. Plus, Angry Bird the Board Game! It's coming.
Listen now:
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NEWS
Verizon CEO’s keynote, 8:30 a.m. PT
http://ces.cnet.com/8301-32254_1-20027358-283.html
Three things to expect from Verizon’s keynote
http://www.pcmag.com/article2/0,2817,2375279,00.asp
Live link for keynote stream
http://client.uvault.com/2491/010611/keynote/live/registration.php
Motorola Xoom
http://ces.cnet.com/8301-32254_1-20027500-283.html
Motorola reveals Atrix, the smart phone that’s also a laptop, etc.
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/06/AR2011010601926.html
Netflix, Hulu Plus navigation comes to Kinect
http://ces.cnet.com/8301-32254_1-20027526-283.html
Avatar Kinect: Now Your Avatar Smiles, Smirks and Talks When You Do
http://gizmodo.com/5726091/
Ballmer talks Kinect, not tablets
http://money.cnn.com/2011/01/06/technology/microsoft_ballmer_ces_kinect/
Sony focuses on 3D, big time
http://ces.cnet.com/8301-32254_1-20027515-283.html
Samsung’s bezel-free LCD TVs
http://www.pcmag.com/article2/0,2817,2375239,00.asp
AT&T Cuts iPhone 3GS Price to $49
http://mashable.com/2011/01/06/att-iphone-3gs-price-49/
AT&T details plans for 4G network
http://edition.cnn.com/2011/TECH/mobile/01/05/att.4g.plan/?hpt=Sbin
BlackBerry 4G PlayBook debuts this summer on Sprint
http://content.usatoday.com/communities/technologylive/post/2011/01/blackberry-4g-tablet-playbook-debuts-this-summer-on-sprint-network/1
NINTENDO Reference stories
2010 sales numbers
http://www.monstersandcritics.com/gaming/wii/news/article_1609438.php/Nintendo-Wii-DS-reach-major-sales-milestones-in-2010
Doctors say the 3DS is safe
http://kotaku.com/5725770/doctors-say-the-3ds-is-safe-potentially-beneficial-to-children?skyline=true&s=i
We get our hands on one of the hottest tablets of CES 2011. Molly shrieks, and I cry. Plus, Verizon announces a boatload of 4G LTE devices, Lady Gaga debuts her Grey Label product line and Jar Jar Binks comes to Blu-Ray.
Listen now:
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NEWS
Verizon announces 10 4G devices, no iPhone yet
http://ces.cnet.com/8301-32254_1-20027669-283.html
Verizon finally flashes the HTC Thunderbolt
http://www.pcmag.com/article2/0,2817,2375384,00.asp
Dell debuts Streak 7 tablet
http://ces.cnet.com/8301-32254_1-20027573-283.html
Dell Venue finally released
http://www.infosyncworld.com/reviews/cell-phones/dell-venue/11668.html
Lady Gaga, Polaroid announce Grey Label line
http://voices.washingtonpost.com/fasterforward/2011/01/lady_gaga_polaroid_annouce_gra.html
… with picture-taking sunglasses
http://ces.cnet.com/8301-32254_1-20027721-283.html
Skype buys Qik in mobile videoconferencing play
http://www.zdnet.com/blog/btl/skype-buys-qik-in-wireless-video-play/43338
Sony’s PlayStation Phone gets in-depth preview in China, PlayStation Pocket app in tow
http://www.engadget.com/2011/01/07/sonys-playstation-phone-gets-in-depth-preview-in-china-playsta/
Mac App Store Downloads Top One Million in First Day
http://www.apple.com/pr/library/2011/01/07macappstore.html
Piracy possibility emerges with Mac App Store
http://news.cnet.com/8301-30685_3-20027731-264.html
Hacked iTunes accounts for sale in China
http://www.pcworld.com/businesscenter/article/216025/hacked_itunes_accounts_continue_to_sell_in_china.html
Android leapfrogs iPhone in market share, per Comscore
http://online.wsj.com/article/BT-CO-20110106-710345.html
http://www.theinquirer.net/inquirer/news/1935471/android-overtakes-iphone
Star Wars Coming To Blu-ray In September
http://entertainment.slashdot.org/story/11/01/07/1457234/Star-Wars-Coming-To-Blu-ray-In-September
No time for a CES hangover (although we really needed it) because Verizon is hitting us hard with the iPhone 4 announcement first thing in the morning ... but thank goodness they announced the iPhone, because if they'd punked us, heads would have rolled. But there it is: no LTE, yes to hotspots, white iPhone ... maybe? Get all the details at CNET News.com. Also, we're punch drunk and we apologize for all the delirious yelling. --Molly
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NEWS
Verizon iPhone — it’s real!
http://news.cnet.com/8301-30686_3-20028073-266.html
Android likely to lose as Verizon gets iPhone
http://www.businessweek.com/news/2011-01-11/google-s-android-likely-to-lose-as-verizon-gets-iphone.html
IPhone May Cost Verizon $5 Billion in Subsidies in First Year
http://www.businessweek.com/news/2011-01-11/iphone-may-cost-verizon-5-billion-in-subsidies-in-first-year.html
Verizon Wireless Confident It’s Got Muscle for iPhone
http://online.wsj.com/article/SB10001424052748703667904576072110862862244.html
AT&T faces tough year after losing iPhone exclusive
http://sg.finance.yahoo.com/news/AT-T-faces-tough-year-losing-rsg-1441691250.html?x=0&.v=1
Intel/NVIDIA bombshell: two rivals team up
http://arstechnica.com/business/news/2011/01/intelnvidia-bombshell-look-for-nvidia-gpu-on-intel-processor-die.ars
AMD momentum abruptly halted as CEO exits suddenly
http://www.marketwatch.com/story/amd-momentum-jolted-by-ceos-abrupt-exit-2011-01-11?reflink=MW_news_stmp
MySpace lays off 500
http://news.cnet.com/8301-13577_3-20028136-36.html
Steve Jobs to join Murdoch on stage to unveil iPad paper
http://news.yahoo.com/s/yblog_thecutline/20110110/ts_yblog_thecutline/steve-jobs-to-join-murdoch-to-unveil-ipad-paper
QUICK HITS
Google Ice Cream landing in time for the summer
http://www.pocket-lint.com/news/37819/google-ice-cream-android-2-4
Groupon Raises, Like, A Billion Dollars
http://techcrunch.com/2011/01/10/groupon-raises-like-a-billion-dollars/
Kindle Comes To The Mac App Store, Already No. 5 Free App
http://techcrunch.com/2011/01/10/kindle-mac-app-store/
WoW: Cataclysm Sells 4.7 Million in a Month
http://www.techtree.com/India/News/WoW_Cataclysm_Sells_47_Million_in_a_Month/551-114112-585.html
Bump Raises $16 Million Round Led By Andreessen Horowitz
http://techcrunch.com/2011/01/10/bump-raises-16-million-round-led-by-andreessen-horowitz/
GADGETS
The iPhone 4 on Verizon with Mobile Hotspot
SCIENCE NEWS
NASA spots smallest planet yet discovered outside Sun’s solar system
http://www.cnn.com/2011/US/01/10/nasa.planet.discovery/index.html?hpt=C2
HAPPY ENDING
CES Recap
Molly: Samsung 9 series, smart appliances, Motorola’s press conference
Benito: razer switchblade
Brian: Massage Chairs, Producer trying to taser me, Motorola
Best of CES winners
http://ces.cnet.com/best-of-ces/
On today's show, we've got a new meme, new details about the Comcast/NBCU merger, and new comments from Apple dismissing Android tablets as both 'bizarre' and 'vapor.' Ok, guys, whatever you say. Verizon offers $200 off iPhone 4 upgrades, in case that takes the sting out a little, and we discuss the rise of universal app stores, consumer confusion over 4G, and sharks in the streets of Australia. It's a wide-ranging show, folks. --Molly
Listen now:
Download today's podcast
NEWS
Nintendo 3DS hits shelves March 27 for $249
http://arstechnica.com/gaming/news/2011/01/nintendo-3ds-hits-shelves-march-27-for-249.ars
http://news.cnet.com/8301-17938_105-20028802-1.html
Comcast will retain NBC stake in Hulu, but is stripped of control
http://latimesblogs.latimes.com/entertainmentnewsbuzz/2011/01/comcast-will-retain-nbcs-stake-in-hulu-but-is-stripped-of-control.html
Justice Department approves Comcast/NBCU merger, with asterisks
http://www.washingtonpost.com/wp-dyn/content/article/2011/01/18/AR2011011806440.html
Apple’s bright view outshines Jobs’ plight
http://www.reuters.com/article/idUSTRE70G2Y320110119
Tim Cook dismisses Android tablets as “bizarre,” “vapor”
http://www.appleinsider.com/articles/11/01/18/apples_tim_cook_dismisses_android_ipad_competitors_as_bizarre_vapor.html
AD BREAK
Recent Verizon phone buyers get $200 toward iPhone 4 upgrade
http://www.bgr.com/2011/01/18/recent-verizon-phone-buyers-get-200-toward-iphone-4-upgrade/
iOS 4 has 90% adoption rate; Gingerbread has 0.4%
http://www.pcworld.com/article/216952/bump_ios_4_has_90_adoption_rate_android_23_only_4.html
Samsung: we are not charging carriers for Android updates
http://www.phonescoop.com/news/item.php?n=7346
Coming rises of all in one app stores
http://www.zdnetasia.com/analyst-get-ready-for-all-in-one-app-stores-62205538.htm
Nielsen probes consumer confusion over 4G
http://blog.nielsen.com/nielsenwire/online_mobile/4g-phones-are-here-but-are-u-s-consumers-ready/
Survey erodes stereotype of the internet loner in their own little virtual world
http://www.pewinternet.org/Reports/2011/The-Social-Side-of-the-Internet/Summary.aspx
Quick Hits
Starbucks launches mobile payment system
http://seattletimes.nwsource.com/html/technologybrierdudleysblog/2013970537_post_18.html
Notion Ink Adam shipping?
http://notionink.wordpress.com/2011/01/18/delayed/
Google launches 4th Doodle for Google scholarship contest
http://www.pcmag.com/article2/0,2817,2375961,00.asp
Gadgets
World’s first full HDR video system unveiled
http://tech.slashdot.org/story/11/01/18/2133229/Worlds-First-Full-HDR-Video-System-Unveiled
Happy Ending
Playboy on iPad
http://www.slashgear.com/entire-playboy-back-catalog-coming-to-ipad-19127171/
VOICEMAIL
Kyle: Facebook phone
Jim: Facebook is at cross-purposes with itself!
EMAILS
Buzz Crew (sans Tong),
After listening to yesterdays episode, I was trying to think of a historical situation similar to the NBC-Comcast merger, as Cooley said it was unprecedented. I just finished reading Tim Wu’s book Master Switch, so an example came readily to mind, the movie industry from the 30s onward. All the major studios controlled all aspects of film, from writing, to production and owned the only theaters that could show the films. This seems to me to be remarkably similar in its implications. What can we look forward to as a result? If nothing else, the ability for groups outside government oversight to exert censorship over media, a la the Motion Picture Production Code. Luckily the FCC is putting in regulation to ensure that other networks will have access to NBC-Universal content at reasonable prices. That’s a relief, although I can think of no examples of giant multi-billion dollar conglomerates using their money to influence policy, this is going to be awesome for consumers!!!!!
Rich in Lovely Cleveland
—–
Barring some miracle on Thursday, the Buzz Out Loud Brian (BOLB) Appearance Streak will end at 50 shows. A Brian has appeared in an official BOL episode since 10/29/10.
Here a list detailing the streak…
I was hoping that this streak would surpass the Ripken IronMan Streak, but sadly this will not be the case unless there is another Brian in CNET that can talk about tech for a couple mins on episode 1390
but congrats to Tong and Cooley for a job well done
Rich
PS… as I was about to finish typing this e-mail there’s probably a BOLM (Molly) streak or BOLT (Tom) streak that is a lot longer that the BOLB of 50… so maybe this streak is not so special and I’m probably the only person who tracked this
—–
http://bol.cnet.com, 800-616-2638 (CNET), buzz@cnet.com
