NHL talks hit snag on 4th straight day of meetings

NHL Commissioner Gary Bettman speaks to reporters following labor talks, Friday, Nov. 9, 2012, in New York. The league and the players' association met Friday for the fourth straight day trying to reach an agreement to end the lockout. (AP Photo/ Louis Lanzano)

NHL Commissioner Gary Bettman speaks to reporters following labor talks, Friday, Nov. 9, 2012, in New York. The league and the players' association met Friday for the fourth straight day trying to reach an agreement to end the lockout. (AP Photo/ Louis Lanzano)

Donald Fehr, executive director of the NHL Players' Association, speaks to the media following talks after meeting with the NHL, Friday, Nov. 9, 2012, in New York. The league and the players' association met Friday for the fourth straight day and fifth time in seven days, trying to reach an agreement to end the lockout. (AP Photo/Louis Lanzano)

National Hockey League Players? Association Executive Director Donald Fehr arrives for talks, in New York, Friday, Nov. 9, 2012. The NHL and NHL Players' Association are back in the boardroom. The sides have gathered for a fourth straight day of collective bargaining talks ? the longest run of meetings they've had during these negotiations to end the lockout.(AP Photo/Richard Drew)National Hockey League Players? Association executive director Donald Fehr arrives for talks with the NHL, Friday, Nov. 9, 2012, in New York. The league and the players' association met Friday for the fourth straight day and fifth time in seven days, trying to reach an agreement to end the lockout. (AP Photo/Richard Drew)

Donald Fehr, executive director of the NHL Players' Association, leaves after meeting with the NHL, Friday, Nov. 9, 2012, in New York. The league and the players' association met Friday for the fourth straight day and fifth time in seven days, trying to reach an agreement to end the lockout. (AP Photo/Louis Lanzano)

NHL Commissioner Gary Bettman speaks to reporters following labor talks, Friday, Nov. 9, 2012, in New York. The league and the players' association met Friday for the fourth straight day, trying to reach an agreement to end the lockout. (AP Photo/ Louis Lanzano)

NEW YORK (AP) ? A fourth straight day of NHL labor talks failed to bring the league and its locked-out players any closer to a deal that would put hockey back on the ice and save the season.

In fact, the gap between the fighting factions might have gotten even wider on a failed Friday.

After three consecutive seemingly positive days of talks this week, discussions turned a bit sour when negotiations ended for the night. The union was under the impression the numbers suggested they were nearer to an agreement with the league. NHL Commissioner Gary Bettman disagreed.

"Gary made a comment (Thursday) that there is still a lot of work to do. I think, given today's session, there is still a lot of work to do," Fehr said. "We looked at some of the numbers on the various proposals and we thought we were much closer together on the structure of a deal than the suggestions were. They came back to us and said, 'No, we are very very far apart on the structure of the deal.'"

There were vocal disagreements at the end of the session, and the union team went back to its office to hold a conference call with the executive board and other players. The union is beginning to feel that the NHL isn't ready to make a deal now, even if the players were suddenly willing to accept the league's offer in full ? which they are not.

"We talked back and forth a little bit, and at one point the question was asked: 'If the players would agree to everything that's in your financial proposal, what you're saying is you still won't make an agreement unless the players give up everything in all of the player-contracting rights in your proposal? The answer was, 'Yes, because that's what we want,'" Fehr said. "One wonders if that's really the case. How do you get there from here?

"Given where we are, we're going to reconvene internally (Saturday) morning and we'll come to grips with where we are and try to figure out what we'll do next. I don't know what will happen next."

Bettman declined to reveal what was discussed or where the disagreements lie. He also wouldn't characterize the mood of the talks.

"I am not going into the details of what takes place in the room," he said. "I really apologize but I do not think it would be constructive to the process. I don't want to either raise or lower expectations. I won't be happy until we get to the end result and that means we're playing again."

Fehr said he expects the sides will get back together Saturday, but there is no way to gauge what the feeling in the room will be when they get there.

The union also fought to put out internal fires on Friday after a memo to players summarizing Thursday's negotiations was leaked to the media. That led to suggestions that the players' association didn't fully convey the owners' most recent proposal to its membership accurately or completely.

Fehr sternly shot down the report as false, if for no other reason that there were players present at the negotiations when the offer was put forward.

"Their proposal is made in front of players in the room who hear it," Fehr said. "It's made in front of staff who hear it, it's made in front of former players who hear it. They're on the phone talking to everybody on an ongoing basis afterward.

"Owners can't come to meetings when they want to hear stuff directly, but every single player can at the union's expense. Come hear it for himself, make the judgments, and all the rest of it."

Ron Hainsey, the player representative for the Winnipeg Jets, backed up Fehr's assertion in full.

"Every player is welcome in every meeting," the defenseman said. "Every player has the ability to get in touch with Don via phone, via email, or get in touch with me or any member of the negotiating committee via phone, via email. This notion that something was hidden over the past 24 or 48 hours is totally inaccurate. We feel that this should put this issue to rest.

"Obviously there aren't 30 owners in the room, there aren't 700 players, but we make sure everyone who wants to know exactly what's going on ... we're taking calls every night. It was a memo to summarize as quick as possible for players. At the end of that memo I believe it says if you want exact details of the offer, call us or email us."

Players made a pair of proposals Wednesday, and the NHL responded with one Thursday. No new official offers were exchanged Friday, but there was give and take during discussions throughout the day. The last of three sessions centered on the core economic issues keeping the sides apart, and it broke up after about two hours.

Bettman said the league is ready to continue talking as soon as the union wants.

"Whatever it takes. We're available," Bettman said. "It's always better to be together and talk when there is something to talk about. I am not getting into the specifics. When you're in a process like this, you're really not watching the calendar. I'm not sure I can tell you what day it is."

That could change soon if a deal isn't struck.

The 55-day-old lockout has already caused the league to call off 327 regular-season games, including the New Year's Day Winter Classic in Michigan, and the NHL has said a full season won't be played. The league is in danger of having a lockout wipe out a full season for the second time in seven years.

Bettman is scheduled to attend Hockey Hall of Fame inductions Monday night in Toronto, but developments in negotiations could prevent that.

"That's my plan (to attend), but if there is a reason to be doing something else, as much as I enjoy the Hall of Fame inductions, if there is something else that is pending, that would take precedence," he said.

The lockout began Sept. 16 after the collective bargaining agreement expired, and both sides rejected proposals Oct. 18. The players' association has agreed to a 50-50 split of hockey-related revenues, but that division wouldn't kick in until the third year of the deal.

During a second consecutive day of marathon negotiations Wednesday, the players' association made an offer on revenue sharing in which richer teams would help out poorer organizations, and another proposal regarding the "make-whole" provision that would guarantee full payment of all existing multiyear player contracts.

Revenue sharing and the make-whole provision are major hurdles. Both sides have made proposals that included a 50-50 split of hockey-related revenues. The NHL has moved toward the players' side on the "make-whole" provision and whose share of the economic pie that money will come from.

The NHLPA estimates that about $590 million is needed to guarantee the amount left to be paid to players on the "make-whole" provision, but so far the league is only offering $211 million.

Along with the split of hockey-related revenue and other core economic issues, the sides must also agree on contract lengths, arbitration and free agency.

The union accepted a salary cap in the previous labor pact, which wasn't reached until after the entire 2004-05 season was canceled because of a lockout. The union doesn't want to absorb the majority of concessions this time after the NHL had record revenue that exceeded $3 billion last season.

Players believe that dropping their share of hockey-related revenue from 57 percent to 50 percent is already a major concession on their part.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-11-10-NHL%20Labor/id-dd5d68ea5e444ea98c82439cb32b2d8e

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Link found between child prodigies and autism

ScienceDaily (Nov. 9, 2012) ? A new study of eight child prodigies suggests a possible link between these children's special skills and autism. Of the eight prodigies studied, three had a diagnosis of autism spectrum disorders. As a group, the prodigies also tended to have slightly elevated scores on a test of autistic traits, when compared to a control group.

In addition, half of the prodigies had a family member or a first- or second-degree relative with an autism diagnosis.

The fact that half of the families and three of the prodigies themselves were affected by autism is surprising because autism occurs in only one of 120 individuals, said Joanne Ruthsatz, lead author of the study and assistant professor of psychology at Ohio State University's Mansfield campus.

"The link between child prodigies and autism is strong in our study," Ruthsatz said. "Our findings suggest child prodigies have traits in common with autistic children, but something is preventing them from displaying the deficits we associate with the disorder."

The study also found that while child prodigies had elevated general intelligence scores, where they really excelled was in working memory -- all of them scored above the 99th percentile on this trait.

Ruthsatz conducted the study with Jourdan Urbach of Yale University. Their results were published in a recent issue of the journal Intelligence.

For the study, the researchers identified eight child prodigies through the internet and television specials and by referral. The group included one art prodigy, one math prodigy, four musical prodigies and two who switched domains (one from music to gourmet cooking, and one from music to art). The study included six males and two females.

The researchers met with each prodigy individually over the course of two or three days. During that time, the prodigies completed the Stanford-Binet intelligence test, which included sub-tests on fluid reasoning, knowledge, quantitative reasoning, visual spatial abilities and working memory.

In addition, the researchers administered the Autism-Spectrum Quotient assessment, which scores the level of autistic traits. The prodigies' scores on the test were compared to a control group of 174 adults who were contacted randomly by mail.

Ruthsatz said the most striking data was that which identified autistic traits among the prodigies.

The prodigies showed a general elevation in autistic traits compared to the control group, but this elevation was on average even smaller than that seen in high-functioning autistic people diagnosed with Asperger's syndrome.

Autism is a developmental disability characterized by problems with communicating and socializing and a strong resistance to change. People with Asperger's are more likely than those with autism to have normal intelligence, but tend to have difficulties with social interaction.

The prodigies did score higher than the control group and the Asperger's group on one subsection of the autism assessment: attention to detail.

"These prodigies had an absolutely amazing memory for detail," she said. "They don't miss anything, which certainly helps them achieve the successes they have."

Ruthsatz said it was not the three prodigies who were diagnosed with autism who were driving this particular finding. In fact, the three autistic prodigies scored an average of 8 on attention to detail, compared to 8.5 for the entire group of prodigies.

On the intelligence test, the prodigies scored in the gifted range, but were not uniformly exceptional. While five of the eight prodigies scored in the 90th percentile or above on the IQ test, one scored at the 70th percentile and another at the 79th percentile.

But just as they did in the autism assessment, the prodigies stood out in one of the sub-tests of the intelligence test. In this case, the prodigies showed an exceptional working memory, with all of them scoring above the 99th percentile.

Working memory is the system in the brain that allows people to hold multiple pieces of information in mind for a short time in order to complete a task.

The findings paint a picture of what it takes to create a prodigy, Ruthsatz said.

"Overall, what we found is that prodigies have an elevated general intelligence and exceptional working memory, along with an elevated autism score, with exceptional attention to detail," Ruthsatz said.

These results suggest that prodigies share some striking similarities with autistic savants -- people who have the developmental disabilities associated with autism combined with an extraordinary talent or knowledge that is well beyond average.

"But while autistic savants display many of the deficits commonly associated with autism, the child prodigies do not," Ruthsatz said. "The question is why."

The answer may be some genetic mutation that allows prodigies to have the extreme talent found in savants, but without the deficits seen in autism. But the answer will require more study, Ruthsatz said.

"Our findings suggest that prodigies may have some moderated form of autism that actually enables their extraordinary talent."

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Story Source:

The above story is reprinted from materials provided by Ohio State University. The original article was written by Jeff Grabmeier.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. Joanne Ruthsatz, Jourdan B. Urbach. Child prodigy: A novel cognitive profile places elevated general intelligence, exceptional working memory and attention to detail at the root of prodigiousness. Intelligence, 2012; 40 (5): 419 DOI: 10.1016/j.intell.2012.06.002

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/Ggblml-xka8/121109111246.htm

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Five Things to Eat and Drink This Weekend - Phoenix - Restaurants ...

Looking for something to put in your mouth this weekend? We've got you covered. Check out what's on our plate.

See also:
- Join Amy Binkley, Tracey Dempsey, and More Top Female Chefs at Getting Our Just Desserts
- Food, Beer & Wine Samples at the 8th Annual Certified Local Fall Festival

Chiles & Chocolate Festival (Four Days Long!)

Forget about boring food duos like peanut butter and jelly, peas and carrots, and bread and butter. Chiles and chocolate are much more flavorful, and this weekend the pairing is getting its very own festival. Today through Monday, the Chile & Chocolate Festival is at the Desert Botanical Garden from 10 a.m. to 5 p.m. daily. There will be a wide variety of samples available, from gourmet chocolates and brownies to freshly roasted chiles and chicken mole. Festival entry is included with paid admission to the garden ($8 to $18); members get in for free. In addition to plenty of chile and chocolate foods, there will be a bar featuring chocolate martinis, a Latin DJ spinning beats, and live dance performances.

Beer for Brains RAREaffair

Feel noble about drinking beer this Saturday at the Beer for Brains RAREaffair, a charity event that uses craft beer to raise awareness about brain cancer. There will be no shortage of incredible beers, provided by Papago Brewing Company, Bell's Brewery, New Belgium, and more. Scottsdale's Sonoran Brewing Company will also be serving a special concoction, the RAREaffair ale. Just in case beer isn't your thing, there will also be wine, whiskey, tequila, vodka, and other spirits. Unlimited food samples will be provided by local restaurants such as Praying Monk, Lon's at the Hermosa Inn, SanTan Brewing Company, and O.H.S.O. Eatery + Nanobrewery. The event, held at the Arizona Science Center, also includes live music, an airbrush artist painting the Beer for Brains logo on event-goers' heads, silent auctions, and prize raffles. General admission ($90) begins at 7:30 that evening; VIPs ($175) get early entry at 6:30 p.m.

Source: http://blogs.phoenixnewtimes.com/bella/2012/11/phoenix_eat_weekend_festival_cupcake.php

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95% Argo

All Critics (233) | Top Critics (43) | Fresh (222) | Rotten (11)

'Argo' is one of the best movies of the year.

Argo has that solid, kick-the-tires feel of those studio films from the 70s that were about something but also entertained. Only it's as laugh outright amusing as it is sobering.

The movieland satire is laid on thick, but it's also deadly accurate. Schlock has never seemed so patriotic, and Arkin and Goodman have rarely been so good.

Argo is a rollicking yarn, easily the most cohesive and technically accomplished of Affleck's three films so far, but a part of me wishes the director hadn't cast himself in the lead role.

If nothing else, it proves that every so often, the CIA can pull something off - and that yes, Canadians are just about the nicest people on the planet.

The film is a whopper of a tale, one designed for Oscar nominations, Best Picture and Best Director among them.

If you're a nailbiter, bring gloves, because the suspense will see you reach your knuckles.

Surprisingly enjoyable, given that you may have little prior commitment to this story and only mildly fancy Affleck.

Affleck skilfully turns the screw of suspense, gaining added traction from an extremely convincing recreation of the setting and period.

Ben Affleck's movie tells an amazing but true story set against the context of the Iranian hostage crisis.

Talent borrows and genius steals, but Affleck does something in between: he mimics.

It's impossible to be bored by a story this good, especially with that cast.

Part of what makes this headspinning story believable is the fact that it pans out in an oddly uncomplicated way.

The shaggy and bearded Ben Affleck, barely recognisable from his former self, gives a great lead performance. Understated, intense and steely-eyed, Affleck has the screen presence of legendary actor/director Clint Eastwood.

Affleck the director is utterly sure-footed with an instinctive feel for characterization, tension and pacing as he builds the action towards a nail-biting climax.

A dum-tight thriller demonstrating that Affleck is one of the most accomplished directors working in Hollywood today.

[A] gripping, beautifully performed and often very funny but dramatic thriller.

[Affleck] once again proves, as he did in The Town, that he's a pretty good actor but a great director.

Nailing the tension, the terror and the gallows humour of its story without resorting to jingoism or losing sight of its political context, Argo is a close-to-flawless thriller with a devilishly smart mouth.

Better to watch it as a meta cinema commentary than a historical thriller. Either way, Argo is both smart and fun but ultimately lightweight. Star Wars fans may well cry before the credits roll.

It's to Affleck's credit that he manages to knit Hollywood levity into the genuinely gripping question of whether the embassy Americans can pull this off.

Ben Affleck proves that his transition from blockbuster poster boy to serious dramatic director is now complete...The film's portrayal of America as a superpower under siege serves as a timely comment on the nation's place in the world today.

While I'm not buying into the early Oscar hype for 'Argo,' it is a gripping and exciting story that is mostly true and mostly authentic.

Hold on tight and revel in the brilliance of a riveting film that's enthralling in execution and subtext.

Affleck has crafted a truly old school suspense movie that is as involving as any film I've seen this year.

Given today's headline news from the Middle East, it seems not only frighteningly, jarringly real, but like it could easily have happened last week.

Source: http://www.rottentomatoes.com/m/argo_2012/

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What I Learned From My Interracial Relationships: Raise Your ...

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I dated mostly white men in my younger years.? I attended predominately white schools during those years and I had a lot of white friends, so relationships with white men developed as a result.? I grew up in a single-parent household where husband and wife roles were non-existent. Thankfully it?didn?t?matter because white men showed me what I needed to know about love, commitment, and romance.

When I was finally old enough to date I went out with the first of many white boys.? He held all the doors open, treated me like a lady, and paid for dinner.? We discussed a variety of topics and he seemed genuinely interested in what I had to say (a rare find in the dating pool of the late ?90s). We?didn?t?date long, considering we were young and in school, but he set the precedent for all of my interracial relationships.

After dating more of these men I noticed a trend: All of my relationships with white men involved partners who took me out on actual dates, openly confessed their commitments to me, and tossed around the idea of marriage.? My positive experiences with white men were stark contrasts to some of my female counterparts? troubles with black men.? They constantly complained of the black men they encountered, but even still, I wanted to find out for myself if there was any validity in their concerns.

I always found black men very attractive yet I?hadn?t really dated any (and not because I didn?t want to).? I considered myself an open-minded individual so I knew that my dating options needed to widen.? Despite the negative comments I heard from a few friends, I started dating both black and white men in the quest to find the right partner for me.? Unfortunately, that journey left me with a combination of confusion and criticisms of my own.

Immediately, I noticed differences in my dealings with black men compared to the white men I previously dated.? For instance, the black men I met immediately requested visits to my place.? Whenever I suggested going on an actual date some either wanted to go dutch or they politely declined.? Sadly, their idea of a good time was watching television at my house while eating all of my food.? If I?hadn?t?started out dating white men then I may have assumed those home visits and free-for-alls were the norm.

I also noticed that the black men I kept running into had communication issues.? I am well aware that there are intellectuals of every race; however, the black men I met wanted to discuss nothing more than sports and intimacy. Safe to say, I was meeting and messing with the wrong types of men and must have been looking in the wrong places. Perhaps the black men I would have preferred dating were not interested, already taken, or in their own interracial relationships, but the ones I was dealing with were making the dating game more tough than it should have been.

On the rare occasion that I met a black man that treated me the way I was accustomed to and exhibited some of the characteristics I was looking for, I noticed his hesitation in discussing marriage although it was a topic that came up in every interracial relationship I had. All of their parents were still married and they were expected to marry someone?someday.? Some of the black men I dated came from broken homes (just like me) so they?didn?t?understand my desire to get married and they didn?t find it necessary.? Even though I grew up without the imagery of ?love and marriage? in my home, I knew that I was not interested in being anyone?s long-term girlfriend. While I might have enjoyed their company, I knew better than to stick around with a stagnant man for too long, and I continued my search knowing that lowering my standards just because a guy looked good or because he was fun was not going to be an option for me. What else do you have to offer?

In the end, I?ve been blessed to find a man who is all the things I wanted and would have hoped for, and we share the same goals for the future. And if you were wondering, yes, he?s a black man. But I can say that my relationships with white men taught me to never settle for less than I deserved and enabled me to find my Mr. Right by not being comfortable with mediocre ?dates,? and just being a girlfriend forever.? They gave me the ability to differentiate between boys and men.? They showed me the ropes of dating and the significance of marriage. And that?s not to say you have to date outside of your race to figure these things out, but in my experience, it helped me find the perfect man for me, one actually within my own race.

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Source: http://madamenoire.com/231521/what-i-learned-from-my-interracial-relationships-raise-your-standards/

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McDonald's posts first sales drop in nine years

23 hrs.

Reuters

McDonald's Corp on Thursday reported a 1.8 percent drop in October sales at established restaurants around the world, its first monthly sales fall since March 2003, hurt by stiff competition in a weak economy.

Analysts, on average, expected a 1.07 percent decline in sales at restaurants open at least 13 months, according to Consensus Metrix.

The results came just weeks after the world's biggest hamburger chain posted its worst quarterly restaurant sales growth performance in nine years.

October sales at restaurants open at least 13 months fell 2.2 percent in both the United States and Europe and fell 2.4 percent in the Asia/Pacific, Middle East and Africa (APMEA) region.

Analysts, on average, had expected a 1.05 percent decline in the United States, a 0.69 percent fall in Europe and a 3.01 percent drop for the APMEA region, according to Consensus Metrix. The United States just edges out Europe as McDonald's largest market for sales.?

Source: http://www.nbcnews.com/business/mcdonalds-posts-first-sales-drop-nine-years-1C6891692

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NFL Betting Week 10 Preview - Work On the Internet

Week nine ended in the NFL and it was not quite as exciting as maybe it should be. There were only a couple games that provided entertainment, while most of them were one sided and obvious. Here are a couple games to watch next week in the NFL if you like NFL betting.

Dallas Cowboys s. Philadelphia Eagles

It is a must win for both teams in the NFL East as the number two Eagles face off against the third place Cowboys. It is a very close matchup as The Cowboys have been playing well, while the Eagles under Michael Vick have been struggling.

Many of the best sports betting sites say that the Cowboys have a slight advantage over the eagles as Tony Romo has been playing very well as of late. The Cowboys are averaging 297 yard per game in the air thanks to receivers Miles Austin and Dez Bryant. Solid play calling has been beneficial to the Cowboys, except for their running game. On the ground, Last year???s super star rusher DeMarco Murray has only ran for 330 yards so far this season. In total the Cowboys only average 86 rushing yards per game.

The Eagles have the opposite problem, QB Michael Vick has been benched because of his horrible play while running back LeSean McCoy has had an ok season thus far with 504 yards, the Eagles as throwing game is where they are struggling. Only averaging 245 yards per game, DeSean Jackson has not been the same receiver we have seen in past years only tallying 524 yards for one touchdown.

This should be the Cowboys time to shine. The Eagles have not been clicking as a team, and the confident Cowboys are coming off two tough losses in a row against the Giants and the Falcons. They will be out for blood, so expect many betting sites to give the Cowboys the better odds at a win.

Atlanta Falcons vs. New Orleans Saints

This will be win number 9 if the Falcons want to continue their drive for a perfect season. Matt Ryan and company have proven that they are the team to beat not only in the NFC South, but in the whole NFL. The only team still without a loss will have a big challenge come this Sunday against the New Orleans Saints.

New Orleans currently sits in third place in the NFC South with a less than stellar 2-5 record. The Saints have proven that they are nothing without Sean Peyton as the play caller. Drew Brees, while still a great quarterback, has not been able to fill that role on the Saints??? bench. Dispite the lame record, the Saints and Falcons actually have very similar stats. Brees has managed to pass for an average 316 yards per game with Marques Colston and Lance Moore leading the way. Where the Saints have been struggling is on the ground. Pierre Thomas has emerged as the main runner for the Saints and he has not been doing a great job, only accumulating 257 yards for one touchdown this season. As a team, the Saints only average 72 rushing yards a game, and that may make the difference come Sunday.

The Saints have been unstoppable this season. Although they have had a couple close calls, they have remained supreme thanks to quarterback Matt Ryan. The Falcons average 376 yards per game, with 278 of those yards coming in the air. Like the Saints, the Falcons also struggle on the ground only averaging 98 rushing yards per game. However, keep in mind that the majority of those yards are split between Roddy White and Julio Jones, both of which have had amazing seasons with White tallying 709 yards for four touchdowns, while Jones has 628 yards for five touchdowns.

This game will be a close one, but many online sportsbooks are giving favor to the Falcons. It was another great week in the NFL and now it is time to start thinking about next week. With only a couple close games, this week was a pretty safe betting week. Andrew Luck proved that the Colts are playoff contenders, while Arizona lost again after starting the season 4-0. Here are a couple of games to look for next week when NFL betting.
Miami Dolphins vs. Tennessee Titans

Both teams need to win this game in order to keep their playoff hopes alive. Tennessee were ripped apart last week courtesy of the Chicago Bears, while the Miami Dolphins lost a close one against the Indianapolis Colts.

Miami currently sits in the second place spot behind the New England Patriots in the AFC East, but are far from guaranteed a possible wild card game. Ryan Tannehill has been playing very well, and thanks to Reggie Bush and Brian Hartline, the Dolphins have been able to compete. However, they have not been able to win many games, as they currently sit at 4-4. The will have a tough, but equal opponent in the Titans.

Surprisingly Titan???s quarterback Matt Hasselbeck has been playing ok as of late. Better than what many critics though he would do. Although Chris Johnson???s game has not improved dramatically, Nate Washington has been there to help drive the Titan offense. The Titians currently sit in third place in the AFC South and need to win in order to improve their 3-6 record.

Both the Dolphins and the Titians average about 325 yards per game. Tennessee has a slight advantage in the air, but with Reggie Bush and Daniel Thomas on the ground from Miami, that may be where the game is won. Many sportsbooks have the Dolphins to win this won, but it will definitely be a close game.

New England Patriots vs. Buffalo Bills

If you are looking for an easy safe bet this weekend, look to the Patriots vs. the Bills. Like Bills seasons of yesteryear, they starting off strong and now are just clinging to life halfway through the season. Just the opposite, the Patriots have gotten over their season starting slump to become a force to be reckoned with.

Winning in Gillette Stadium is common for the Patriots. In fact, to beat the Patriots at home is one of the hardest things to do in the NFL. The Patriots are superior on the ground and in the air. Tom Brady already has accumulated 2408 yards for 16 touchdowns. Receiver Wes Welker and tight end Rob Gronkowski are again leading the team in receptions and touchdowns, while back Steven Ridley has become a consistent runner after Ben Jarvis Green-Elis was traded away.

The Bills will probably have a very hard time with the Patriots. C.J. Spiller, Fred Jackson and Stevie Johnson are great offensive players, but New England???s defense should be able to hold them back. Many online sportsbooks have the Patriots to take this game by at least four points.For More Information Visit http://every1bets.com/nfl-preview-week-ten/

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Source: http://www.workoninternet.com/business/reviews/miscellaneous/219730-article.html

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Don't Forget Your Trademarks! | Biotechnology Startup Blog

Intellectual property rights are important to all businesses.? They are particularly important for companies that operate in the pharmaceutical and healthcare fields.

In the healthcare field, companies often focus on patents rights, but neglect to appreciate the importance of their trademarks.? However, trademark rights are equally important for a number of reasons.

At a most basic level, trademarks are important for the bedrock rights they provide.? In the United States, a trademark registration provides prima facie exclusive rights to use the registered trademark throughout the United States.? That is to say that, once registered, there is a presumption that the owner possesses exclusive rights in all 50 states plus U.S. territories and protectorates.? This, in and of itself, is a valuable benefit.

The United States is one of a few countries that recognize so-called common law rights.? This means that use of a mark in commerce, even without a registration, may confer trademark rights dating back to the date on which the mark was first used.? However, common law rights do not grant the same presumption of rights throughout the United States.? If a company wishes to rely on its common law rights, it must nonetheless prove its rights in each proceeding, and may not rely on the presumption of rights granted by a federal registration.? In order to rely on common law rights, a company must ensure it possesses a paper trail that establishes its rights including the date of first use, the nature of use, sample packaging and advertising, advertising expenditures, sales figures, etc.

The situation in Canada is similar.? A Canadian trademark registration provides presumptive trademark rights throughout the 10 provinces and three territories.

In addition to granting presumptive rights, a federal trademark registration also helps establish the date on which a company first obtained rights to its trademark.? If a trademark application is filed before use of the mark begins, U.S. trademark law ? the Lanham Act ? affords an applicant constructive rights in its trademark as of the filing date of the trademark application.? Thus, a company may acquire constructive rights even before it begins using its trademark.? However, the constructive date of first use remains effective only if a certificate of registration ultimately issues.? If a mark is based on actual use in commerce, an applicant secures rights as of the claimed date of first use.

It is important to note, however, except in certain situations pursuant to international treaties, the U.S. Patent & Trademark Office will not issue a certificate of registration until an applicant proves that it is using its mark in commerce.? The rationale behind this requirement is that, in the U.S., the essence of a trademark is that it is being used by its owner to distinguish its products (or services) from those of others.? Accordingly, without use in commerce, there is no trademark because it is not functioning to distinguish any product or service.? Without a product on the market, there can be no trademark.? Additionally, it helps discourage the practice of creating a bank of trademarks that may or may not ever be used.

Two other countries also require use of a mark before a certificate of registration will issue. Notably, these countries are Canada and the Philippines.? These are the exception.

Most countries do not require use before a trademark certificate of registration will issue.? Rather, trademark rights are created by registration of the mark.? Use is not required to obtain a registration.? However, if a mark is not used for a period of time ? usually five years ? third parties may ask the relevant trademark office to cancel the registration for non-use.? Therefore, while most countries do have some form of use requirement, most do not require use to obtain a certificate of registration.

Finally, the majority of countries do not recognize common law rights.? Therefore, in most countries, trademark registrations are important.

The advantages of securing trademark registration include:

• Presumptive nationwide rights;
• Visible deterrent and constructive notice to potential infringers by use of the ? symbol;
• Citation by the Trademark Office in applications to register potentially confusingly similar trademarks; and
• Ability to grant a valid license to another party to use the trademark.

Aside from the ?legal? benefits of trademark registration, there are a number of less obvious, but important, reasons to secure trademark registrations.

?Constructive Notice

A trademark registration, in many countries, gives third parties constructive notice of a company?s rights in its trademark.? As a practical example, if a third party is looking to adopt a new trademark for a new product, it will usually conduct a trademark search to ensure the mark is ?available?.? If a company?s trademark is disclosed in such a search ? especially if the registration is based on actual use ? this can be sufficient information to persuade the third party to forego its similar mark in favor of another mark that is less similar.?? Thus, a trademark registration may help discourage third parties from moving forward with a similar mark, and avoid the need to take future enforcement action.

?Regulatory Approval

In a similar way, registration of a trademark may help avoid FDA (or other regulatory agencies such as Health Canada) approval issues.? If your company owns a trademark registration, but has not yet sought FDA approval of the ?trade name,? and another company is looking to file an NDA, the disclosure of your trademark in a trademark search may be sufficient to dissuade the third party from submitting its similar mark to the FDA.? Of course, the converse may also be true:? That same third party may rush to file its name with the FDA (even without a trademark application) before you do because the FDA places essentially no weight on the status of trademarks at the U.S. Patent & Trademark Office.? Once approved by the FDA, it is far more difficult, if not impossible, to convince the FDA that the name should not have been approved.? Practically, this could require you to select another trademark ? even though you own a certificate of registration for your trademark.

It may be prudent to develop a strategy whereby your company creates a trademark protection program that parallels regulatory approval.? In most cases, the regulatory approval process of a new product or technology takes more time than the trademark registration process.? Notwithstanding, in order to minimize the risk of spending money for registration of a trademark that may ultimately be rejected by the regulatory agency, the regulatory and trademark filing processes should track each other in a way that makes sense with your company?s specific timeline.

Depending on the company?s goals, trademark registration serves lesser known benefits.

Licensing

If you are looking to license your product or technology to a third party, the existence of a trademark registration adds value to the product or technology to be licensed.? It completes the process.

Companies that may be interested in licensing your product will find some assurance in the fact that a trademark has been selected and protected by a registration.? Possession of a certificate of registration means that implementation of the licensee can move forward quickly with the marketing and sale of the product with the knowledge that you have selected and protected the product?s trademark, and that the relevant trademark office considers the mark available because it has issued a certificate of registration.? In other words, it may act on the licensing agreement quickly without waiting for you to select, file and register the trademark that is the subject of the license.

?Funding

If a start-up company is seeking funding ? from a bank or a venture capital firm ? the ownership of trademark rights may demonstrate to the potential funding institution that the company has assets that can be used as collateral or simply that the company is proceeding in a knowledgeable and sophisticated way.? A certificate of registration establishes that the company is developing its business in a methodical and industry-appropriate manner.? Likewise, valid trademarks and trademark registrations may be proffered as security interests for loans.

Acquisition or Merger

If a company?s goal is to merge with another company or to be acquired by another company, possession of certificates of registration is valuable.? As discussed above in the context of obtaining funding, ownership of trademark registrations demonstrates to potential acquirers that the IP portfolio is being properly protected.? Additionally, possession of trademark registrations eases the due diligence process because certificates of registration establish to potential acquirers that the company possesses presumptive nationwide (or international) rights in its trademarks.? This knowledge provides some level of assurance that the company?s trademark rights are valid and less likely to be challenged by third parties.

Additionally, trademark registrations have value.? Although IP rights are considered ?intangible? rights, they nonetheless tangibly contribute to your company?s overall value.? Therefore, a strong and well-protected trademark portfolio may increase the valuation of your company.? It helps to think of it as follows:? If you are looking to sell your home, painting rooms, making minor repairs and sprucing up the curb appeal that might cost $10,000 may increase the market value of your home by $50,000.? Trademarks can function in the same way.? The relatively low registration fees can increase your company?s value by many times more the investment.? The benefits are two-fold:? first, a robust portfolio is likely to bring in more people to look at your company.? Second, it increases the market value of your company.

?Sale of Product

The same benefits apply if a company simply wants to sell a discrete product or technology to another company.? It provides some assurance that, in addition to the relevant patent(s), the trademarks enjoy some level protection and, at the very least, the national trademark office considers the marks to be the property of the company.

Also, owning valid trademark registrations of the marks for the product to be sold can increase the value of the product and mark to the potential purchaser.

?International Filing Benefits

Finally, if a company initiates sales locally (or nationally), possession of a trademark registration in one?s home country can simplify the process of protecting the mark internationally.? Ownership of a trademark registration in one?s home country can provide a basis for filing future applications for the same mark in other countries.? In some situations, it can also reduce the costs associates with protecting one?s mark internationally.? These benefits will be discussed in future articles.

?Conclusion

There are a number of benefits to seeking registration of one?s trademarks as early as possible. ?In addition to providing national trademark protection, certificates of registration may aid in obtaining additional investment and funding, selling products to third parties and obtaining future registrations throughout the world.

Don?t wait to register your trademarks.? Trademarks are important to your companies IP portfolio and the value of your business.? Don?t forget your trademarks!

If you have any questions or would like additional information, please email Mathew or visit his firm?s web site here.

Source: http://www.biotechstart.org/2012/11/don%E2%80%99t-forget-trademarks/

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Kraft's profit rises as it embraces startup spirit

NEW YORK (AP) ? Kraft Foods is embracing the spirit of a startup and betting that innovation will help it grow, as the maker of household names such as Oscar Mayer, Miracle Whip and Velveeta looks to redefine itself after splitting from its more glamorous global snack foods business.

The company, which was established in 1903, said Wednesday that its net income rose 13 percent in the third quarter, as a mix of new products, increased advertising and productivity improvements lifted results. But the company cautioned that there were limitations to the conclusions that could be drawn from the comparison with last year, before the companies split. Although it stood by its outlook for 2013, Kraft said revenue in the fourth quarter should be flat or down as it prunes less-profitable products and continues incurring restructuring costs.

The results are the first since Kraft Foods Group Inc., based in Northfield, Ill., split with its snack food business. That company, which is called Mondelez International Inc. and has brands with global appeal including Oreo, Cadbury and Nabisco, is expected to grow at a faster rate than Kraft.

The split was intended to allow each of the companies to focus on a more targeted portfolio of products, thus accelerating growth.

At Kraft, CEO Tony Vernon said the company felt like a startup of sorts after the break, with executives working to clean up the company's lineup of less-profitable product extensions and revitalize languishing brands.

In coming months, for example, Vernon said Jell-O would be a brand "moms and kids are going to rediscover" as the company rolls out new packaging and marketing.

"Jell-O is one of the great brands Kraft has the chance to revitalize," Vernon said in a conference call with analysts. But he noted that it faces formidable competition from the "explosive" growth of yogurt in recent years. Jell-O, along with Planters and Capri Sun, saw volume declines in the quarter.

Vernon also noted that Kraft could do a lot better with its coffee business. With Maxwell House, Vernon said inefficiencies in production left the brand with worse margins than its biggest competitor, Folgers. He also noted that the company's Gevalia premium coffee and Tassimo single-serve coffee have plenty of room for growth.

In addition to bolstering its flagship brands, Kraft is betting that innovation will drive growth. Last spring, for example, the company introduced its MiO liquid drops, which can be squeezed into water for flavored drinks. The drops have spawned copycats including one by the Coca-Cola Co. MiO now has 11 varieties, including two energy drink versions that were introduced this year.

To navigate the challenging economy, Kraft is also moving to provide tiered options of "good, better and best" prices in each of its categories. With cheese, for example, its Cracker Barrel brand is positioned as a more premium offering than its namesake cheese.

For the period ended Sept. 30, Kraft said it earned $470 million, or 79 cents per share. That compares with $417 million, or 70 cents per share, a year ago.

Revenue rose 3 percent to $4.6 billion, as volume from new products offset the discontinuation of less-profitable items, such as certain package sizes of Planters and Oscar Mayer. Retailers also stocked up on inventories before the split, which took place on Oct. 1.

Analysts on average expected a profit of 69 cents per share on revenue of $4.54 billion.

Gross profit rose 16 percent as costs for ingredients eased. A lower effective tax rate offset restructuring costs associated with its split from Mondelez.

For 2013, Kraft still expects to earn $2.60 per share, including 26 cents per share in restructuring costs. But in the current quarter, the company noted that revenue could be flat to down as it continued to prune products and retailers remain stocked up on inventories. Without providing any specific earnings per share guidance, the company also noted that the fourth quarter would be the first that reflected its costs as a stand-alone company and that restructuring costs would continue.

In December, the company plans to recommend quarterly dividend of 50 cents per share.

Its shares were down 8 cents at $44.62 on a day when the broader market fell sharply.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2012-11-07-US-Earns-Kraft-Foods/id-b3930ef12bc9405e8e1b304f78c42090

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