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- 2025-01-27 Author: Hua Erjun Source: http://admin.turflak.no/cpresources/twentytwentyfive/
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Investors can contact the law firm at no cost to learn more about recovering their losses LOS ANGELES, Nov. 25, 2024 (GLOBE NEWSWIRE) -- The Portnoy Law Firm advises Marqeta, Inc. (“Marqeta” or “the Company”) (NASDAQ: MQ) investors that the firm has initiated an investigation into possible securities fraud and may file a class action on behalf of investors. Marqeta investors that lost money on their investment are encouraged to contact Lesley Portnoy, Esq. Investors are encouraged to contact attorney Lesley F. Portnoy , by phone 310-692-8883 or email : info@portnoylaw.com, to discuss their legal rights, or click here to join the case. The Portnoy Law Firm can provide a complimentary case evaluation and discuss investors’ options for pursuing claims to recover their losses. On November 4, 2024, Marqeta announced third-quarter 2024 financial results that were below expectations, along with weaker guidance for the fourth quarter. The company attributed the revised guidance to several recent developments, including increased scrutiny of the banking sector and changes in specific customer programs. As a result of this news, Marqeta's stock price dropped by $2.53, or 42.5%, closing at $3.42 per share on November 5, 2024, leading to significant losses for investors. Please visit our website to review more information and submit your transaction information. The Portnoy Law Firm represents investors in pursuing claims against caused by corporate wrongdoing. The Firm’s founding partner has recovered over $5.5 billion for aggrieved investors. Attorney advertising. Prior results do not guarantee similar outcomes. Lesley F. Portnoy, Esq. Admitted CA, NY and TX Bars lesley@portnoylaw.com 310-692-8883 www.portnoylaw.com Attorney AdvertisingMinor league pitchers Luis Moreno, Alejandro Crisostomo suspended after positive drug tests
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Highlights The Federal Circuit revisited the conditions under which prior commercial offers for sale can invalidate a patent Application of the on-sale bar requires a fact-intensive inquiry into an alleged commercial offer for sale within a proposed transaction The geographic limitation of the pre-AIA on-sale bar focuses on where the offer is directed, not where the product is intended to be used On Dec. 10, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Crown Packaging Technology, Inc. v. Belvac Production Machinery, Inc. reversing a district court’s ruling by finding that a pre-critical date agreement triggered pre-America Invents Act (AIA) U.S.C. Section 102(b)’s on-sale bar. Specifically, the court held that a “quotation” letter with all the hallmarks of a commercial offer to sell could trigger the on-sale bar and clarified that the pre-AIA Section 102(b)’s “in this country” limitation pertains to the location of the offer, not the product’s eventual destination. The on-sale bar, codified in both pre-AIA and current patent statutes, prevents an invention from being patented if it was for sale before the patent filing and ensures that inventors do not exploit an invention’s commercial potential without starting the patent clock. To that end, a sale or offer for sale of the patented invention more than one year prior to the critical date (i.e., the earliest date to which priority can be claimed) will invalidate the patent. With respect to an offer for sale, the offer must relate to an invention that is ready for patenting. Generally, what constitutes an invalidating offer is determined using commercial contract law principles. Patents in Dispute The dispute was premised on patents directed to the manufacture of metal beverage cans. Crown, the owner of the asserted patents, and CarnaudMetalbox Engineering, an English corporation related to Crown, sued Belvac for infringement. Crown makes and sells necking machines that practiced the asserted patents. Before the critical date of the asserted patents, Crown sent a directed letter to a third party that provided a “quotation” regarding Crown’s necking machine. The letter included a description of the product, specific delivery options, and definite payment terms. The letter also stated that quotations are “subject to [Crown’s] written acceptance of your order.” The district court concluded that the letter was merely “an invitation to make an offer” and not a commercial offer for sale. As a result, the district court declined to find that the on-sale bar applied. On-Sale Bar at the Federal Circuit On appeal, the parties disputed whether the letter invoked pre-AIA Section 102(b)’s on-sale bar. The Federal Circuit disagreed with the district court, finding that the letter constituted a commercial offer for sale and thus rendered the patents invalid. Applying general commercial contract principles, the Federal Circuit found that the agreement included terms consistent with a commercial offer for sale, such as a defined price, a detailed description of the product, delivery terms, and conditions for sale. The court further noted that the letter was specifically directed to the third party and not just a general advertisement soliciting offers. Although the letter used the term “quotation,” the Federal Circuit noted that it had “all the hallmarks of an offer for sale.” In addition, the Federal Circuit confirmed that the presence of a written acceptance provision does not alone prevent a letter from being a commercial offer for sale. While such express provisions can provide helpful evidence, the ultimate analysis focuses on the “communication when taken as a whole.” In this case, the letter obligated the recipient to commence performance by paying 50 percent of the purchase price immediately with receipt of the order. The letter also suggested that Crown would immediately begin performance upon order request, further undermining the practical application of Crown’s written acceptance provision. The Federal Circuit said the substance of the letter demonstrated an intent to be bound; thus, it was a commercial offer for sale. While not discussed by the district court, the Federal Circuit also clarified the geographic limitation under pre-AIA Section 102(b)’s “in this country” requirement. Crown argued that an offer made from outside the U.S. would only qualify if the resulting product was intended for use in the U.S. The Federal Circuit rejected that argument, holding that the geographic limitation applies to where the offer is directed, not the eventual use of the product. In this case, the offer was addressed to the third party’s Colorado address. In fact, Crown’s own internal customer database listed the offer recipient followed by “USA.” Accordingly, this commercial offer for sale was covered by pre-AIA Section 102(b)’s geographic scope. Note that this geographic issue is moot for patents effectively filed on or after March 16, 2013, because under the AIA, all sales and offers for sale – regardless of whether domestic or abroad – trigger the on-sale bar. Takeaways This decision provides a good reminder for both litigants and patent holders to scrutinize pre-patent-filing commercial activities. Pre-filing communications and agreements may contain terms that inadvertently trigger the on-sale bar. Even documents bearing the label “quotation” may constitute a commercial offer for sale upon further examination. It is not sufficient to look only at those business records showing when products that practice the invention were first invoiced, shipped, or recorded for accounting purposes.James Conner officially active, Rob Havenstein inactive for Cardinals-Rams
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As J&K chief minister Omar Abdullah sought six months to sort out the reservation issue after Monday’s protest, the power crisis, unemployment and reservation policy are turning out to be big issues faced by J&K government within three months of assuming power. Monday’s protest was organised by NC senior leader and MP Srinagar Aga Ruhullah outside the CM’s house. However, Abdullah had a detailed meeting with five students and assured them the matter will be resolved within six months. “We can’t say it’s a crisis but it is a big challenge for chief minister Omar Abdullah as he has to balance between open merit candidates and those having reservations. Even this was the first time when an NC leader headed a protest against its own government. Earlier, NC would have taken action against any such leader taking protest against the party. Now the circumstances are different. It’s a crisis which needs political maturity to handle it,” said Afaq Ahmad, a political analyst. Just a day after the protest, voices started rising against Ruhullah by his own colleagues. “This wasn’t the protest of the NC but it was the protest of the Srinagar MP. The NC takes its command from party president or vice president,” said legislator Hazratbal Salman Sagar. “It was a protest of NC adversaries. The presence of our MP has unfortunately strengthened our rivals. Unfortunately our men gave them this opportunity. It could have been handled another way. Our rivals are always looking for opportunities to belittle us. They won’t appreciate even if our party is doing good,” he added. Prominent trader and member of Kashmir Chamber of Commerce Umar Nazir Tibet Baqal said this protest should have been held outside Raj Bhawan. “The Reservation issue taken by the Srinagar MP is much appreciated. Protesting outside CM residence is unwarranted and uncalled for as this reservation policy was not introduced by him or his party. It would have been more appropriate if this protest was done outside Raj Bhawan,” he said. Former city mayor Junaid Azim Mattu blamed the NC for its arrogance. “With this level of arrogance, it seems NC’s downfall will be down a steeper precipice than the PDP. The PDP went down from 28 to 3. The NC will go down from 42 to 5, If they continue to behave arrogantly with the people who elected them and gave them an opportunity to deliver,” Mattu wrote on X. Apart from reservation, the electricity crisis and unemployment are the biggest problems faced by the current government. “It’s ironic that the rates of electricity have been increased and still people are facing power crises. This government sought votes on giving free 200 units. Leave free power, give us the electricity which the government has promised,” said Yasmeen, a housewife. After five years of a lull in major recruitments coupled with scams in recruitment process, the youth seem to be more agitated and want the new government to act. “The government needs to work fast first to resolve the reservation issue and then call for major recruitment processes. A lot of educated youth are on the verge of getting overaged,” said Mohammad Anees, a science graduate from Srinagar.High-Performance and Ultra-Stable Electric Motorcycle Motor Controller: A Selection Plan for Liquid Aluminum Electrolytic Capacitors
by Rajan Philips A word first used in 17th century England is gaining new currency in 21st century America. Kakistocracy, a Greek derivative per usual, means government administered by the worst group of citizens – in qualification, competence, experience and scruples. Kakistocracy is in full display in the US with the election of Donald Trump as president for a second term. America is returning to chaos not heeding Kamala Harris’s warning against going back. In Sri Lanka, Rajapaksas epitomized Kakistocracy for nearly two decades before it imploded under Gotabaya Rajapaksa. After them came Ranil Wickremesinghe to clean up the economic mess left behind by the Rajapaksas. To his credit, Mr. Wickremesinghe did clean up the economic mess. But he also created a political mess, characteristically and superciliously The mess that Ranil made, heaped atop the mess that has been piling up for all the years of this century finally became insurmountable for the entire political establishment comprising the UNP, the SLFP, and their offshoots, the SJB and the SLPP. They have been sent packing by the people, unsung, unwept and unhonoured. There is an SJB rump but without a winning leader. Sri Lankans have turned the page and opened a new chapter. There is a new president, a new parliament and a new cabinet. There is both the return to old normalcy, as well as the beginning of a new normal. The end cannot be taken for granted, but there could not have been a better start for the making of a new nation. Politics is nothing but constant work in progress. No government can deliver on everything that is possible. The best any government can do is to maximize the good that is possible and minimize the bad that is avoidable. And achieve within its term durable benefits for the people. There is enough reason to be optimistic about the new government while being alert to the risks – that are also aplenty – of its straying off course. There is already an indication of straying in the elephantine omission of any reference to the future of the executive presidency or the enactment of a new constitution in an otherwise well crafted and comprehensive inaugural Policy Statement by President Anura Kumara Dissanayake at the opening sitting of the new parliament on Thursday. I read the English version of the speech issued by the President’s Media Division, and even ran the ‘word find’, looking for words like – constitution, executive, president, referendum – and found none of them, let alone abolition! There is one reference to ‘provincial councils’ but that is also in connection with the role they could play in ‘cleaning Sri Lanka’. There is also no mention if and when local government and provincial council elections will be held. I don’t think these omissions are a result of translation from Sinhala to English. And they will be viewed as grave omissions by NPP critics considering the pillorying that was given to Ranil Wickremesinghe over elections and their postponements. Already there have been criticisms over the government’s walking back on the promise to repeal the Prevention of Terrorism Act. At least the government issued a statement indicating its position on the PTA matter. But omitting any reference to a new constitution or the executive presidency in the Policy Statement flies in the face of the government’s insistence on being transparent and accountable. NPP’s many critics will justifiably view this omission as a sign that the new government is not going be any different from its predecessors in making and breaking promises to abolish the executive presidency. Unless the government has other plans, and we are not privy to it. Otherwise, this will be a part of the old normal. The omission is also unfortunate in that it diminishes the government’s impressive achievements in setting up its first cabinet and in outlining its policy framework in the President’s well thought out statement to parliament. The new president, parliament, the new cabinet and the President’s Policy Statement are also indicative of the sociology of the JVP’s metamorphosis into NPP and the roots of their political success. A New Beginning It could easily be said that the NPP cabinet is the most compact and competent cabinet of ministers to be assembled in Sri Lanka in the 21st century. Unlike other presidents this century, President AKD has restricted his portfolios to three: Defence, Finance and Planning & Digital Economy. This is more in line with President JRJ’s portfolios that closely resembled the Prime Minister’s portfolios during the parliamentary system of government. This is moving away from the practice of presidents assigning themselves too many portfolios that began with President Kumaratunga. However, in keeping Finance under his wings, the President is continuing the practice that was also started by President Kumaratunga in 1994. Finance deserves to be a single portfolio of a single cabinet minister without any other occupational distractions. That is why Professor Mick Moore, who called Sri Lanka’s economic crisis under Gotabaya Rajapaksa, “a man-made problem”, subsequently advocated that Sri Lanka should get back to the old-style finance minister carrying only the finance portfolio. The identification of portfolios and the selection of individual ministers would appear to be based on considerations of ability, political and/or professional experience, and electoral results. Nine of the cabinet ministers led the vote tallies in their respective electoral districts, and include mostly old JVPers and new NPPers. Seven of the ministers are those who came second or third in their electoral districts. The elected MPs in the cabinet reflect the JVP/NPP’s geographical sweep and its sociopolitical roots in the electoral districts in seven of the island’s nine provinces. Six of the cabinet ministers are drawn from the NPP’s 18 National List MPs, which is a high proportion that indicates the need for balancing electoral representation with cabinet competence. Two of the National List cabinet ministers, Bimal Ratnayake and Ramalingam Chandrasekar have been credited for their political work in the Jaffna District that led to the NPP’s electoral success in the district. Mr. Ratnayake is a seasoned JVP parliamentarian, while Mr. Chandrasekar is a new MP and also the Minister of Fisheries and Aquatic & Oceanic Resources. Chandrasekar with Saroja Paulraj, who was elected from Matara and is the new Minister of Women’s and Children’s Affairs, are both from the Malayaha Tamil community. The two ministers seem to be part of a new turn in cabinet making that privileges not ethnic representation but political participation. That would be consistent with the vision of an equal, inclusive and ‘non-racial’ Sri Lankan society that President Dissanayake eloquently articulated in his Policy Statement. But until that Eldorado is reached the government has to deal with misgivings about missing Muslim and Sri Lankan Tamil representation in the cabinet.
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