PORTLAND, Ore. (AP) — Oregon’s senior U.S. senator, Democrat Ron Wyden, is seeking to retain the seat he's held for more than 25 years in Tuesday's election.
Wyden, who was first elected to the Senate in 1996, won the Democratic primary with 90% of the vote and faces two candidates in the general election, Republican Jo Rae Perkins and Oregon Progressive Party candidate Chris Henry.
Wyden, 73, chairs the powerful Senate Finance Committee and also sits on the Energy and Natural Resources, Budget and Intelligence Committees.
As legislative accomplishments, he points to his work on clean energy tax credits — including a key role in the passage of the Inflation Reduction Act — prescription drug price reduction measures, tax reform and boosting the semiconductor manufacturing industry.
Wyden is known for holding town halls in each of Oregon's 36 counties, with thousands of those gatherings taking place over the years.
He previously served in the U.S. House of Representatives, representing Oregon’s 3rd Congressional District from 1981 to 1996.
Wyden raised $13.8 million this election cycle, according to Federal Elections Commission campaign finance reports.
His Republican opponent, Perkins, has never held political office. Perkins, 66, from Albany, Oregon, previously made unsuccessful runs for the Senate in 2014 and for the 4th Congressional District in 2016 and 2018. She received 33% of the vote in the Republican primary.
Perkins, who has a background in the financial services industry, calls herself a “Main Street American” and has voiced support for QAnon conspiracy theorists. She questions the validity of President Joe Biden's 2020 victory, opposes COVID-19 mask and vaccine mandates and does not support abortion for any reason.
She raised more than $92,000, according to FEC records.
Third-party candidate Henry, a truck driver and airplane mechanic, also ran for Oregon Commissioner of Labor and Industries this year but was defeated in the May primary.


The climate change activist group Extinction Rebellion says it plans to end its London protests on Thursday, April 25, 2019 after 11 days of disruption to traffic by thousands of protesters.
The protesters blocked several major roads in the British capital.
“We will leave the physical locations, but a space for truth-telling has been opened up in the world,” the group said in a statement.
“The truth is out, the real work is about to begin,” Extinction Rebellion said, warning people to “expect more actions very soon.”
London’s Metropolitan Police said on Tuesday that officers had detained more than 1,000 people since the protests began on April 15.
Most were released without charge, but more than 70 protesters were charged with breaching the public order and other offences, the force said.
The group urged Britain and other nations to enact legally binding policy measures to reduce carbon emissions to net zero by 2025 and set up a national citizen’s assembly to oversee changes in environmental policy.
One of the group’s campaign slogans echoes renowned broadcaster and wildlife presenter David Attenborough’s warning to a UN climate change summit in December.
“If we don’t take action, the collapse of our civilisations and the extinction of much of the natural world is on the horizon,” Attenborough said.
Extinction Rebellion also known as XR was launched in 2018 by several environmental groups.


text:
US 5518958 A
Conductors are fabricated by forming a layer of doped polysilicon on a semiconductor substrate, forming a nitrogen-enriched conductive layer on the layer of doped polysilicon, wherein nitrogen contained in the nitrogen-enriched conductive layer provides for improved thermal stability thereof, and patterning the nitrogen-enriched conductive layer and layer of doped polysilicon so as to form the conductors.
1. A method of fabricating a conductor, comprising the steps of:
(a) providing a semiconductor substrate;
(b) forming a layer of doped polysilicon on said semiconductor substrate;
(c) forming a nitrogen-enriched conductive layer on said layer of doped polysilicon, said nitrogen-enriched conductive layer including between approximately 1% and 3 atomic % of nitrogen, said nitrogen contained in said nitrogen-enriched conductive layer providing improved thermal stability thereof including inhibition of agglomeration and inversion; and
(d) patterning said nitrogen-enriched conductive layer and layer of doped polysilicon to form a conductor.
2. A method according to claim 1, wherein said nitrogen-enriched conductive layer comprises a nitrogen-enriched metal silicide.
3. A method according to claim 1, wherein said nitrogen-enriched conductive layer comprises a nitrogen-enriched refractory metal.
4. A method according to claim 1, wherein step (c) comprises sputter depositing using a sputter process plasma.
5. A method according to claim 4, further comprising the step of incorporating nitrogen into said sputter process plasma to form a nitrogen-enriched sputter process plasma.
6. A method according to claim 4, wherein said sputter process plasma includes argon.
7. A method of fabricating a gate electrode structure of a semiconductor device, comprising the steps of:
(a) providing a semiconductor substrate;
(b) forming a gate oxide film on said semiconductor substrate;
(c) forming a layer of doped polysilicon on said gate oxide film;
(d) forming a nitrogen-enriched conductive layer on said layer of doped polysilicon, said nitrogen-enriched conductive layer including between approximately 1% and 3 atomic % of nitrogen, said nitrogen contained in said nitrogen-enriched conductive layer providing improved thermal stability thereof including inhibition of agglomeration and inversion; and
(d) patterning said nitrogen-enriched conductive layer, layer of doped polysilicon and gate oxide film to form a gate electrode structure.
8. A method according to claim 7, wherein said nitrogen-enriched conductive layer comprises a nitrogen-enriched metal silicide.
9. A method according to claim 7, wherein said nitrogen-enriched conductive layer comprises a nitrogen-enriched refractory metal.
10. A method according to claim 7, wherein step (d) comprises sputter depositing using a sputter process plasma.
11. A method according to claim 10, further comprising the step of incorporating nitrogen into said sputter process plasma to form a nitrogen-enriched sputter process plasma.
12. A method according to claim 10, wherein said sputter process plasma includes argon.
This application is related to commonly assigned, simultaneously filed, U.S. patent application Ser No. 08/282,680, now U.S. Pat. No. 5,449,631.
The present invention relates generally to semiconductor processes and, more particularly, to semiconductor polycide processes and, even more particularly, to prevention of agglomeration and inversion in a semiconductor polycide process.
The use of advanced semiconductor lithography and etching processes has enabled reduction in the dimensions of semiconductor devices and a concomitant increase in device operating speed. However, this reduction in dimensions causes a corresponding decrease in the cross-sectional area of interconnect regions, thus leading to an increase in interconnection time delay resulting from both material and circuit parameters. A solution to the increase in interconnection time delay is to place a metal silicide layer on top of a doped polycrystalline silicon in order to lower the sheet resistance of the polycrystalline silicon interconnections and gain increased circuit speed. See, for example, U.S. Pat. No. 4,180,596, issued Dec. 25, 1979 to Crowder et al.
In a polycide process, a silicide conductor in the CMOS gate is deposited at the stoichiometric composition on unpatterned doped polysilicon. In this process, an amorphous silicide followed by deposition of an insulating layer is deposited on the blanket polysilicon. The wafer is then patterned and heated to convert the amorphous silicide gate conductor into a crystalline silicide with low resistivity. After deposition of insulating sidewall spacers, the source and drain regions are then silicided.
Addition of the metal silicide layer lowers the sheet resistance and thereby increases the circuit speed. However, for the reasons outlined hereinbelow, it is necessary for the metal silicide to demonstrate thermal stability during subsequent annealing.
A key technological problem is the agglomeration of metal silicide upon high temperature annealing, i.e., annealing at temperatures greater than approximately 800 degrees C. Agglomeration is a condition in which the metal silicide film has discontinuities caused by silicon diffusion and grain growth. At elevated temperatures, silicon within and under the metal silicide diffuse and eventually coalesce to form large silicon grains which break the continuity of the original metal silicide film. Accordingly, a narrow conductor constructed with an agglomerated silicide tends to show a significant increase in average sheet resistance. In this regard, localized breaks in the film can have very high resistance if the silicide is completely severed across the width of the line. As such, in high speed circuit applications requiring low resistance silicide conductors, agglomeration can result in performance degradation or total functional failure.
An objective in device manufacturing processing is therefore to identify a thermal process window in which the low resistance silicide will form and not agglomerate. This process window must be large enough to accommodate temperature and time variations without resulting in incomplete silicide conversion or agglomeration. The problem is highlighted, for example, when forming titanium silicide (TiSi2) on P+ doped polysilicon. The activation energy for forming low resistivity C54 TiSi2 on P+ doped polysilicon is higher than for forming low resistivity C54 TiSi2 on undoped polysilicon, and this increased activation energy causes the manufacturing process window to shrink even further.
A related thermal stability problem of silicide conductors occurs specifically on poly/polycide conductors which are used for gates on N-type or P-type MOS transistors. Upon high temperature anneals, the condition of agglomeration can extend to a condition referred to as "inversion" in which the silicide and underlying polysilicon exchange position. At high temperatures, silicon and silicide diffuse in opposite directions which eventually results in the silicide coming into contact with the thin gate silicon oxide of the MOS device. The metals in the silicide tend to poison, i.e., cause deterioration of, the gate oxide which results in a lowering of the dielectric breakdown and eventual current leakage upon applied voltage. This quickly leads to device and circuit failure at high speed or DC applications. In this regard, physical analysis of TiSi2 polycide conductors revealed the presence of the C49 TiSi2 phase at the failing sites. This suggests that incomplete conversion to the low resistance C54 phase can aid the inversion process at high temperature. Agglomeration and inversion are conditions which usually occur together, with the latter occurring at higher and/or longer anneal temperatures.
Current ULSI manufacturing processes utilize Rapid Thermal Annealing (RTA) to widen the process window for low resistivity silicide films by allowing the use of high temperature and shorter annealing times. The higher annealing temperatures attainable with RTA change the rate of transformation and improve the formation of low resistance silicide. Shorter annealing times decrease the tendencies for agglomeration. A limitation to RTA, however, is that as linewidths and diffusions are decreased below 0.5 um, the process window for low resistivity silicide formation without agglomeration disappears.
Other manufacturing processes have increased the thickness of silicide film to suppress the tendency of the film to agglomerate. However, for geometries below 0.5 um, a greater thickness of silicide film presents an aggressive aspect ratio that challenges the abilities of the subsequent insulator fill deposition.
Still other manufacturing processes rely on limiting the annealing temperature to below 850 degrees C. and limiting the overall thermal budget.
Accordingly, it is desirable to promote the formation of low resistance silicides and prevent agglomeration of the film during high temperature annealing. Furthermore, a method of manufacturing a silicide structure is necessary such that the metal atoms of a refractory metal or metal silicide are prevented from diffusing through the polysilicon and into the gate oxide during subsequent heat treatments.
Thus, it is an object of the present invention to provide an improved semiconductor polycide process.
Another object of the present invention is to provide an improved semiconductor polycide process for forming a gate electrode.
A further object of the present invention is to provide a semiconductor polycide process which results in a metal silicide film having increased thermal stability.
Still another object of the present invention is to inhibit the disruption of metal silicide and thereby inhibit the increase of sheet resistance of the thin film due to agglomeration.
Yet another object of the present invention is to provide a semiconductor polycide process which prevents the occurrence of inversion.
In order to accomplish the above and other objects of the present invention, a method of fabricating a conductor includes the steps forming a layer of doped polysilicon on a semiconductor substrate, forming a nitrogen-enriched conductive layer on the layer of doped polysilicon, wherein nitrogen contained in the nitrogen-enriched conductive layer provides for improved thermal stability thereof, and patterning the nitrogen-enriched conductive layer and layer of doped polysilicon so as to form a conductor.
These and other objects, features, aspects and advantages will be more readily apparent and better understood from the following detailed description of the invention, in which:
FIGS. 1A-1E show process steps for fabrication of a gate electrode structure using a semiconductor polycide process in accordance with the present invention;
FIG. 2 is a plot of total annealing time vs. resistance to demonstrate thermal stability of a metal silicide film fabricated in accordance with the present invention as compared to a Control film; and
FIGS. 3A-3B are plots which indicate the frequency of sheet resistance fails for gate conductors fabricated with metal silicide films having no nitrogen incorporated therein, and for gate conductors fabricated with metal silicide films having 1% nitrogen incorporated therein, respectively.
Referring to FIGS. 1A-E, conventional ion implantation is conducted on a substrate 5 to control threshold voltages, and a gate oxide film 10 is then formed on the substrate 5. The gate oxide film 10 has a thickness, for example, of approximately 80'100 A. As required, an isolation 12 can also be conventionally formed in the substrate 5 for the purpose of separating devices. In the next step, a polysilicon layer 15 is deposited to a thickness of approximately 100-200 nm, followed by conventional ion implantation (arsenic or phosphorus for N+, or boron for P+) to concentrations so as to stabilize the work-function. The implanted polysilicon layer 15 is then annealed at a temperature on the order of, for example, 900 degrees C. to distribute and activate the dopants therein.
Next, in accordance with the present invention, a nitrogen-enriched conductive layer, such as a nitrogen-enriched metal silicide layer 20, is formed on the polysilicon layer 15. Preferably, in order to provide for a thermally stable nitrogen-enriched metal silicide layer 20 for realizing the benefits of inhibited agglomeration and inversion during later annealing, it has been found that the nitrogen-enriched metal silicide layer 20 should have between approximately 1% and 3% of nitrogen contained therein. Note that although the metal silicide layer 20 is used as a specific example for the conductive layer, certain applications may require that, in lieu of the metal silicide layer 20, a refractory metal layer be formed on the polysilicon layer 15. Thus, for such applications, the metal silicide layer 20 can be replaced by a refractory metal layer comprising, for example, W, Ti, or Ta, and such refractory metal layer can also be nitrogen-enriched in accordance with the present invention.
In a preferred embodiment, the nitrogen-enriched metal silicide layer 20 is formed by sputter depositing. In accordance with the invention, nitrogen is incorporated with sputter process plasma to form a nitrogen-enriched sputter process plasma. The sputter deposition process then proceeds with bombardment of a metal silicide target (or other conductive target, as may be appropriate) with ions from the nitrogen-enriched sputter process plasma to displace molecules from the metal silicide target. This causes nitrogen from the nitrogen-enriched sputter process plasma to be incorporated with the molecules displaced from the metal silicide target to form the nitrogen-enriched metal silicide layer 20.
From a perspective of manufacturability, the addition or incorporation of nitrogen to a sputter process plasma can be accomplished as described hereinbelow. A conventional DC magnetron sputter deposition tool can be used, and argon plasma is typically used as the sputter process plasma. The nitrogen can be provided through a calibrated mass flow controller. Typical sputtering conditions may include 2220 Watts (DC) power at a sputtering plasma pressure of approximately 6 milliTorr, and a wafer chuck temperature set in the range of 100 to 300 degrees C. To incorporate between approximately 1% and 3% of nitrogen in the resulting metal silicide film, between approximately 0.5% and 3% of nitrogen is mixed with the sputter process argon plasma during the sputtering process to form an argon-nitrogen plasma. The argon-nitrogen plasma can be ignited under the same conditions as the argon plasma. The resultant formation of a non-deposited nitrogen-enriched metal silicide shows uniformities of 1% across 200 mm wafers. Proper conditions show uniform nitridation to a level of 1-3 atomic % nitrogen in silicide lead to a stable silicide film during high temperature (1050 degrees C.) annealing.
The resulting laminate structure can then be conventionally capped with a dielectric film 22 and patterned with photoresist. The gate electrode structures 25 (one or more, as required) are then formed by conventional anisotropic etching.
Subsequently, conventional process steps can be used to complete the device. Such process steps may include passivating the sidewalls of the gate electrode structures 25 with spacers, implantation of the source and drain regions, and heat treatment to drive in the dopants.
For test structures that simulate the high density of gate conductor lines used in VLSI semiconductor memory chips, sheet resistance was measured on various lines of 1 um to 0.4 um in linewidth and 1.3 um to 0.4 um in spacing. Table 1 shows the resultant yield as a function of the amount of nitrogen in the gas. A failed line is one with a sheet resistance (100 nm TiSi2) of greater than 3 ohms/square. The average sheet resistance for a nitrogen-sputtered TiSi2 line was 1.8 ohms/square.
TABLE 1______________________________________% Nitrogen Lines Tested Lines Failed % Failed______________________________________0.0 1750 61 3.50.1 1800 35 1.90.5 1800 3 0.161.0 1800 0 0.0______________________________________
The nitrogen that is incorporated in the silicide film during sputter deposition functions to stabilize the silicide during extended high temperature annealing. FIG. 2 demonstrates that the resistance of a 100 nm TiSi2 film without nitrogen ("Control") begins to quickly increase due to the thermal agglomeration of the silicide film. The same thickness of TiSi2 with 1.0% nitrogen incorporated throughout the film shows less agglomeration and displays a more robust process window at high temperature (1050 degrees C.). Silicide inversion is completely suppressed for silicide films formed in accordance with the present invention. The addition of nitrogen to the silicide is thus shown to improve the thermal stability of the silicide film.
FIGS. 3A-B demonstrate that with a dose of 1% nitrogen, as compared to 0% nitrogen, the TiSi2 agglomeration is controlled without decomposition of the silicide film into high resistance TiN and Si. It is readily apparent that the overall distribution of the sheet resistance, Rs, is lowered by the addition of the 1% of nitrogen, as the signature of the sheet resistance, Rs, of the nitrogen-enriched silicide lacks the high resistance tail in distribution, the Rs fails, that is demonstrated in the silicide lacking the nitrogen.
Those skilled in the art will appreciate that, in addition to usefulness in fabricating CMOS gate electrode structures as described hereinabove, the present invention is broadly applicable to fabrication of any integrated conductor which requires a polysilicon/metal silicide stack having increased thermal stability. Such applications may include bipolar, BiCMOS or SOI (silicon-on-insulator) applications, and may also include conductors fabricated for the interconnection of various discrete devices.
While the invention has been described in terms of specific embodiments, it is evident in view of the foregoing description that numerous alternatives, modifications and variations will be apparent to those skilled in the art. Thus, the invention is intended to encompass all such alternatives, modifications and variations which fall within the scope and spirit of the invention and the appended claims.

domain: chemistry


text:
Snow in large supply; salt, not so much
"Pretty lean." That's how Engineer Ted Hubbard describes Hamilton County's road salt supplies.
"The problem isn't that we don't have material on order," says Hubbard. "The problem is the suppliers are having difficulty getting it to us in the quantities that we ordered... We're getting it in but it's coming in very slowly."
Hubbard says the county has already gone through more than 22,000 tons of salt and that doesn't include the most recent storm. As of Monday afternoon the county had just below 3000 tons on hand.
Hamilton County usually spends about $2 million on salt and labor in typical year. Hubbard says he's already at $3.4 million and counting.
Elsewhere in the TriState
Our partners at WCPO put together this neat interactive look at salt reserves and overtime spent clearing roads.

domain: news


text: DSI’s Vincent van Noord wrote a guest blog on the website of Yes Institute, Thinking India, where he promotes the DSI Colourfield and the Dutch sports infrastructure sector. In this blog, Vincent talks about the similarities in development of sport infrastructure in the urban environment between India and the Netherlands, and highlights the cooperation between the countries. Then, he goes on to highlighting and explaining DSI to the Indian public, and he elaborates on the colourfield concept. All in all, Vincent does an excellent job in bringing the Indian and Dutch sports infrastructure sectors closer together! Read the full blog here.


India’s Hydroelectric Power Plants & Infrastructure There are 197 hydroelectric power stations in India. At the close of the 19th century, India began its rise to prominence as a world force. In 1897, the Sidrapong Hydropower facility in Darjeeling became operational, becoming the region’s first hydroelectric power plant.
After coal, gas, hydroelectricity, and wind power, nuclear power is India’s fifth-largest source of energy. The top three sources are hydroelectricity and wind power. In the month of November 2020, India had a total of 22 nuclear reactors operating across 7 nuclear power stations, with a combined installed capacity of 7,380 megawatts (MW).
How many nuclear power plants are there in India?
The use of nuclear power. As of the year 2016, India has a total of 21 nuclear reactors that are operational across seven different locations. These reactors have a combined installed capacity of 6680 MW and generate a sum of 30,292.91 GWh of power. There are now 11 more reactors being built, which will result in an increase of 8,100 MW.
What is the total capacity of thermal power plants in India?
- As of the 31st of January, 2021, the total capacity of all thermal power plants in the entirety of India was 231870.72 MW.
- There is a total of 71 percent of the country’s total power output that is accounted for by the energy provided by these facilities.
- The following is a list of thermal power plants located in India: The following table provides a list of significant thermal plants located in India, organized by state:
What is the installed capacity of major grid connected diesel-based power plants in India?
The combined installed capacity of India’s main diesel-based power plants that are linked to the grid is a total of 509.71 MW. It is predicted that captive power DG units have a total installed capacity of close to 90,000 megawatts (MW). The following is a list of the components of grid-connected plants: $ – The decommissioned or abandoned power plants.
What are the utility power stations in India?
- The following lists provide names for several of the power plants that are operated by India’s utility companies.
- The Kudankulam Nuclear Power Plant has a capacity of 2,000 megawatts when it is fully operational.
- It is possible to increase the capacity of this plant to 6,800 MW.
- After thermal, hydroelectric, and renewable sources of energy, nuclear power is India’s fifth-largest source of electricity generation.
How many total power plants are there in India?
As of the month of March 2017, India had a total of 22 nuclear reactors operating across seven different locations, with an installed capacity of 6,780 megawatts (MW). The use of nuclear power.
|Reactor Units (MW) (including under construction)||8||32|
|Installed Capacity (MW)||1,840||6,460|
|Under construction (MW)||1,400||8,100|
Which is the highest power plant in India?
The Vindhyachal Thermal Power Station is presently the largest thermal power plant in India. It is located in the Singrauli region of Madhya Pradesh and has a total installed capacity of 4,760 megawatts (MW).
How many power plants are there?
In the United States, there were around 11,070 utility-scale electric power plants with a total of 23,417 electric generators as of the 31st of December, 2020. Power plants that are considered utility-scale each have a total nameplate capacity of electricity output that is at least 1 megawatt (MW).
What are the 7 nuclear power plants in India?
At the moment, India possesses 22 nuclear power reactors that are operational throughout 7 states, with a total installed capacity of 6780 MegaWatt for electric production (MWe). India is home to several nuclear power plants.
|Nuclear Power Plants in India – Planned (Future projects)|
|Name Of Nuclear Power Station||Location||Capacity|
Which state is called powerhouse of India?
On Monday, Chief Minister Devendra Fadnavis referred to Maharashtra as the ″powerhouse of India,″ maintaining that the state is working toward achieving its goal of having an economy of one trillion dollars by the year 2025.
How many reactors are there in India?
One reactor, KAPP-3, with a capacity of 700 MW was successfully linked to the grid on January 10, 2021, bringing the total number of operational reactors to 22, with a total capacity of 6,780 MW. In addition, there are 8 reactors with a combined capacity of 6000 MW that are in various phases of development. One of these reactors is a 500 MW PFBR that is being implemented by BHAVINI.
Which is the first power plant in India?
The first significant power plant in India was a hydroelectric facility of 4.5 megawatts located in Karnataka, close to the Sivasamudram falls of the Cauvery river. It is run by General Electric of the United States but is owned by a few of British firms.
Which is the largest power plant in world?
When measured by its total installed capacity, the Three Gorges Dam in China is the biggest power station in the world (22,500 MW).
Which power plant is best?
This simply indicates that nuclear power plants are producing their full amount of power for more than 93 percent of the year. It is around 1.5 to 2 times as much as natural gas and coal units, and it is approximately 2.5 to 3.5 times more dependable than wind and solar plants.
What are the 4 types of electricity?
There are many various sources from which electricity may be generated, including coal, water, solar, wind, nuclear, hydro, and solar.
What state has the most power plants?
The generation of electricity inside the state that came from nuclear power was highest in New Hampshire, at 61 percent, followed by South Carolina, with 56 percent. In 2019, nuclear power accounted for 54 percent of Illinois’ total in-state generation. Illinois leads the nation in both the number of nuclear reactors (11) and the amount of nuclear generating capacity (11.6 gigawatts).
How many coal plants are there in India?
There are 173 power stations in India that run on coal.
Where is the largest nuclear power plant?
The Palo Verde Generating Station, sometimes known as PVGS, is widely regarded as the most significant nuclear power plant in the United States. It is situated around 55 miles to the west of the central business district of Phoenix, close to the Arizona city of Wintersburg.
Where is First nuclear power plant India?
On Monday, the Tarapur Atomic Power Station, also known as TAPS and taking place in New Delhi, will be celebrating its half-century jubilee. TAPS was India’s first atomic power project when it commenced operations on October 28, 1969. It was situated in the industrial region of Boisar, which is located in the district of Thane in the state of Maharashtra.
Is Pakistan a nuclear power?
As of the year 2017, Pakistan has five operational commercial nuclear power stations to supply the country with nuclear power. In the history of the globe, the nation with the largest Muslim population, Pakistan, is the first to build and run civil nuclear power facilities.


In this video former US marine Ken O’Keefe discusses the recent Paris attacks.
He discusses “who is ISIS” and the absurdity of what the mainstream media is telling us in this latest false flag manipulation brought to you by the powers that be.
Outlining who ISIS really are, who created them, who funds them and who profits from them.
Youtube video by Simon’s Reality
Latest posts by Carol Adl (see all)
- US-Led Coalition Bomb Syrian Army, ISIS Attack Follows - August 21, 2017
- Dick Gregory Comedian And Activist Dies Aged 84 - August 21, 2017
- Barcelona’s Chief Rabbi Tells Jews To Move To Israel Following Terror Attack - August 19, 2017


text:
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We are dealmakers orchestrating the traditional IPO process or the SPAC process
Swiss Financiers Inc. (SFI) specialises in bringing private companies to the public markets through Traditional Initial Public Offering (IPO) or through the IPO of a Special Purpose Acquisition Company (SPAC).
Through our collective experience we have been in the business of listing companies since 1986. Our partners have accumulated many decades of the best-in-class practices at the very top of their respective fields which has therefore provided us with the knowledge, experience, network and perspective to formulate and offer a better service model than presently available. Our Control Tower approach of monitoring all aspects of the processes through our exclusive platform truly benefits Issuers in very demonstrable ways by fully aligning economic interests. In other words, we sit on the same side of the table as issuers and we quicken the listing process through time-cost-effective patented business methods and home grown proprietary software called Fast track and Tail, so as to provide issuers with unique, expeditive and transparent routes to the Capital Markets. Furthermore we provide distinctive Pre-IPO services and implement our in-house methods to format companies to be readily accepted by investors and by the markets alike. We ensure traction by promoting companies to our extensive network of accredited investors and business partners in order to build momentum that is key to any successful listing and ensure post IPO life to maintain the relevance of our new issues.
What are the drivers to going public:
- To provide an exit for early investors – whether the company is PE or VC-owned, or owned by a small group of individuals
- To raise capital for growth and to pay down historic debt
- To boost the value of a business – most private companies’ are not highly valued as the matrix used are conservative, once listed however the market will define value, often forward looking rather than balance sheet based, making it much easier to acquire other companies using their own stock and obtain more access to debt to do deals
- To incentives staff – an IPO on the horizon makes employees more loyal and work significantly harder
- To market the business – especially for lesser-known companies, an IPO is a great way to increase prestige and visibility to attract new investors, partners, and customers
- To raise liquidity creating a big cash event for the business Many early investors will exit before IPO via the secondary exchanges as their pre-IPO shares gain value
- To raise money without necessarily loosing control of the majority
- To comply with the 500-shareholder rule in the US that demands that any business with many shareholders goes public
Swiss Financiers Inc. Partners have:
- Listed 181 successful IPOs on major International Securities Exchanges
- Orchestrated Debt and Mezzanine Capital Financing for multiple billions
- An active deal flow of companies ready to go public
- Developed Patent Pending Business Methods to accelerate and improve the process of Initial Public Offering
WHERE TO MEET US AND OUR LATEST PUBLICATIONS :
The SPAC Conference 2021
The largest forum for networking and discussion of special purpose acquisition companies and alternative IPO techniques.
Westchester Country Club | Rye, New York
June 23-24, 2021

domain: finance


text:
Laurence J. Heifetz, MD
It was not news to Joseph Unger, PhD, MS, that patients in rural areas had worse oncology outcomes than their urban counterparts. But what did astonish him in his research, presented at the 2018 American Society of Clinical Oncology (ASCO) Annual Meeting, was that patients in clinical trials had similar outcomes, regardless of ZIP code. “To our surprise—and it was a surprise— we found very little evidence that outcomes were different between rural and urban patients receiving protocol- directed therapy,” said Unger, an assistant member of the Cancer Prevention Program in the Public Health Sciences Division at Fred Hutchinson Cancer Research Center in Seattle, Washington.
Simply by being in a study protocol, they’re getting care, and it’s guided by high standards, whereas “patients who aren’t in a clinical trial can be receiving the best care in the world to no care at all. It spans the entire spectrum,” Unger said.
However, beyond clinical trials, some rural clinics are finding ways to successfully raise the level of cancer care for their patients, and methods vary according to the amount of time and other resources available. For example, clinics are finding that systematically calling higher-risk patients to check on them makes a difference. Others are forming alliances with larger urban care centers, which provide expert opinions and consultations via virtual tumor boards and telehealth visits. Although rural clinics may have financial challenges, some of these improvements can be instituted without a large cash outlay.
Rural Care Quality
There are many reasons why rural patients with cancer tend to have worse outcomes. Resources, both financial and human, are stretched. Clinicians and staff do the best they can within time constraints and other limiting circumstances. Rural clinics don’t usually have a variety of cancer specialists on hand, nor are there unlimited support personnel to transport patients for appointments or ways to provide the medications they need at affordable prices.
Since it is a multidisciplinary disease, cancer involves surgeons, medical oncologists, radiation oncologists, and other specialists. Often, the local community may not have the expertise needed. In some rural areas, cancer care is spearheaded by primary care physicians, said Laurence J. Heifetz, MD, medical director of the Gene Upshaw Memorial Tahoe Forest Cancer Center in Truckee, California. When he started working in Lake Tahoe, he was the area’s only medical oncologist, and there was no radiation oncologist. The rural clinics that now send patients to his cancer center lack oncologists of their own and are staffed by primary care physicians and physician extenders.
It’s difficult, also, to stay current on treatment standards. In some rural communities, “you end up with physicians who may not be up-to-date on what is now standard of care. We see that a lot,” said Gladys Rodriguez, MD, a medical oncologist/ hematologist at the START Center for Cancer Care, serving patients in San Antonio and rural South Texas. She has seen many doctors in rural areas using the same treatment regimens they did 10 to 15 years ago. Even oncologists who are more current may not be familiar with newer treatments that can improve patient survival, she said. “I see that with new drugs that are 2 or 3 years old. They are not familiar with them and don’t know which patients benefit from them,” she said.
At ASCO this year, Rodriguez was surprised to learn that treatment has changed for one cancer in which she specializes. To keep up with advances, she’s now considering reducing the number of tumor types she treats. She anticipates that for many oncologists, staying current will be an increasing challenge.
Patients need to take some responsibility for their care as well, and in rural areas, patients don’t always know to go regular screening exams. “The patient base itself is somewhat responsible for its poor statistics,” Heifetz said. He said most of the patients with colon cancer coming to his clinic from deep rural areas present at stage III or IV, while patients in Tahoe typically begin treatment at stage I or II.
Finances can be an issue for patients in rural areas. Not everyone can travel to cancer clinics out of the area to seek more specialized care. Others can’t take a day off work to drive several hours each way or don’t have a friend or a family member who can take time off to accompany them. Some cannot afford the gas to make the trip to San Antonio, Rodriguez said.

domain: medical


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Hi guys, I was just asked to provide material for a small coffered ceiling for a local developer. I'm currently building the cabinetry for this room and so he wants the ceiling woodwork to match the stained rift white oak we're using. I occasionally will mill some custom trim, but I don't do too much installing and I've never done a coffered ceiling so am looking for some guidance.
The basics are stain grade rift white oak in a room roughly 11' x 12'. There will be 4 "beams" with 2 running across the ceiling in either direction. Then a custom crown running the insides with the middle field left painted. Finish carpenters will install all the work. This is an expensive home so I want it to look like it's done right. So I'm wondering how these are typically done…for example, should I run all the stock and have everything stained and finished? Should I try to pre-assemble whole sections that can be pre-finished and installed as a unit, or just run flat material?
thanks for any tips or help you can offer,
No way the beams are installed parallel or even square to each other for pre cutting molding. I'm confused at all the other questions. Didn't they tell you what they wanted? If finish carpenters are on site, provide straight stock, and ask them how much overage they want.
Do your trim carpenters a favor -- run a couple of extra sticks and set them aside. If the desperate phone call comes through and they've chumped stuff (or, less likely, found defects that you've missed), you'll be a hero.
I have always tried to bring more work into my shop by proposing we do assembly or sub assembly where prudent. This brings us more work, we increase our reputation as the shop that can build (emphasis on "build") anything, we separate our work from the lumber supplier that just ships mill run stock, we help the carpenters look good (they often need all the help they can get...), and the final product also looks better since we inject better design details. Providing a few extra parts is also a good idea, as Riggles suggests.
We often vary the width of primary and secondary beams, add a soffitt or perimeter beam, and lately have people wanting our stopped chamfers. We stop them with a bit of a carved lamb's tongue, and the parts are distinctive and authentic.
With assembled faux beams we will assemble the 3 sided parts and also send a 3'-4' long assembled part solely for the carpenters to use to cut/scribe to soffitts or wall boards as a trial fit, then cut the real part.
Our job is to satisfy 3 people - owners, builders, and carpenters. And sometimes designers.
We pre-assemble as much as possible with the last end a job site fit. Make the sub assembly that the trim fits over so there are no mistakes about how it was intended. Our sub-assemblies are CNC cut from sheets of MDF or P Bd. Screwed to the ceiling. Setting jigs are provided to make sure they get the best fit possible. Not all finished carpenters are experts.
The crown moldings we send with our store fixtures are done in a similar fashion. Fully assembled, finished and ready to set in place on the top of the fixtures. The crown assemblies/fixtures do not go to the ceiling.
Thanks for the responses guys!
I've been thinking about it over the last week and I think I have a fairly decent idea about how to go about prefabbing them. I'm going to put the ideas on paper and maybe do a small mockup of a section. Then I'll give them 2 options either supply pre-finished stock only, or a full pre-fab ceiling.
My thought is to make the "beam" parts as a U with the bottom of the U having a veneered face. The tops of the U would have cleats to make for easy shimming and attaching to the ceiling. The beams would all be pre-cut and labeled to go in with minimal fuss. Any and all scribe would be done on a "half" beam around the perimeter of the room.
I would then make "boxes" out of 1x stock and have the crown all pre-cut for each box. The outside of the box would have a 3/16" or so rabbet right up to about 1/2" or so of the top. Once the beams are in place each box would slide over the beam until flush with the top of the rabbet. The box would not have to touch the ceiling, again making for easy installation. Then a few screws through the box into the beams and install the precut crown into the boxes covering the screw holes. Leaving the only visible fasteners as the nails for the crown.
Anyway that's my best thought yet on how to do it and make it fairly simple and straightforward for both fabrication and installation…..thoughts???
Not knowing the details of your ceiling, i can only tell you what I've done in the past.
I used to be a finish carpenter full time, and have done a lot of these ceiling treatments onsite.
You probably already know most of this, but here are a few things to keep in mind.
The ceiling will never be flat. The wall/ceiling intersection is also almost always out of square by 1/16-3/16," sometimes worse. It is a real pain to scribe a prebuilt, prefinished beam to the walls and ceiling.
One thing we have done is to leave the beams and crown down a few inches from the ceiling and back light them with rope lighting. It looks good and you do not have to worry about scribing anything to the ceiling. We also fit plenty of them to the ceiling, and it is doable, just takes more time.
Trim carpenters do not like building things with pre-finished material. It is too easy to nick and ding when cutting, scribing and installing, plus gluing finished edges together does not work well, nothing can be sanded after assembly, etc.
Trim guys want to cut their own crown. They do do this kind of thing all day everyday, fitting it in out of square rooms with ceilings that are not flat. Precut crown generally has to be re-cut on site anyway.
I would try to talk with the trim guys and see if they have done this kind of work before, or if they have any ideas of how to make the project go as smoothly as possible.
I as well was a full time finish carpenter and have Installed quite a few of these ceilings.
This is how they would show up to me, Plywood beam sides and bottoms, Sides would be dadoed on bottom to accept thickness on bottom panel
1/4 panels for the ceiling, Crown came in full pieces, and a "L" shaped molding to cover the bottom seam
Plywood was mitered and assembled in boxes on the ground then nailed to framing material attached to drywall, crown covered the nails..
Once all boxes were up I would fill the bottoms in, same material went around the perimiter to the walls
"L" shaped molding covered all the bottom seams of the dadoes, then a crown from the wall to the bottom panel around the perimeter.
Everything was pre finished.. Nothing cut to length or pre assembled, every room is out of square to some degree. You can hide that in the perimeter bottom panels

domain: design


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Athletes Serving Athletes (ASA) began with a group of motivated, volunteer athletes who wanted to use their abilities to support youth living with disabilities in Baltimore City. In 2007, they partnered with the William S. Baer School, to share the thrill of athletic competition with Baer student athletes living with disabilities.
ASA's success can be defined by how many people have been encouraged to cross the finish line since 2007. Over the past 5 years, with strong leadership and dedicated athletes, donors and volunteers, sponsors and partners ASA has helped hundreds of athletes train and compete in over 20, running and triathlon events per year. ASA's reach has extended from Baltimore City to the midatlantic region offering mentoring, training, and competitive opportunities. All programs are offered at no cost to the athletes, families or organizations that support them.
Athletes Serving Athletes Inc. is an IRC Section 501(c)(3) organizationand contributions to it qualify as charitable donations under IRC Sec.170 of the Internal Revenue Code. (TIN: 26-1654652) No goods or services were exchanged in this transaction.

domain: sociology


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Ovulation Pain: What Does Mittelschmerz Feel Like?
Nearly every woman recognizes the dull cramps that accompany menstruation. As it turns out, about 20% of women also experience pain during ovulation known as mittelschmerz (a German word meaning "middle pain"). Here’s everything you need to know about ovulation pain, including the causes and whether you need to worry.
What Causes Pain During Ovulation?
Ovulation takes place halfway through a woman’s menstrual cycle – usually 14 days before her period, says Dr. Staci Pollack, an Ob-Gyn for the Division of Reproductive Endocrinology & Infertility at Montefiore Health System. Her ovaries grow about 20 eggs in fluid-filled sacs (called follicles) during the first half of the cycle. One dominant egg matures fully and releases from the ovary during ovulation, then it travels down the fallopian tube for 12-24 hours. If sperm fertilizes the egg during this time, a woman can become pregnant. Otherwise the egg absorbs into the uterine lining, and it’s shed during her monthly period.
Doctors don’t know exactly what causes ovulation pain (mittelschmerz), but these factors could trigger it:
- The egg stretching the ovary as it grows, then rupturing the follicle during release
- The fallopian tubes contracting when the egg travels to the uterus
- Fluid from the follicle irritating the abdominal cavity
What Does Ovulation Pain Feel Like?
“Some women experience no ovulation pain at all,” says Rashmi Kudesia, M.D., an Ob-Gyn and reproductive endocrinology and infertility specialist at Houston Methodist and Houston IVF. But those who do detect a sensation that’s either dull, crampy, or sharp.
Since a single egg is released during ovulation, only one ovary is affected by the stretching and rupturing. This means that pain usually centers on one side of the abdomen or pelvis. Don’t be alarmed if ovulation pain switches sides between cycles.
Ovulation pain can range from mild to severe. Some woman also notice a bit of bleeding or discharge during mittelschmerz.
How Long Does Ovulation Pain Last?
Ovulation pain can last anywhere from minutes to a couple of days, says Dr. Kudesia. Some women feel mittelschmerz during every cycle, while others only have it occasionally.
What Are Other Symptoms of Ovulation?
Pain in your abdomen could have many different causes, including gas and sexually transmitted diseases. That’s why it’s important for those trying to conceive to recognize other symptoms of ovulation. According to Dr. Kudesia, these include breast tenderness and an increase in libido, as well as clear stretchy cervical mucus that resembles egg whites.
Keep in mind that pregnancy is most likely to occur on the day of ovulation and five days beforehand (since sperm can survive in the reproductive tract for five days). If you want to pinpoint your ovulation, consider using tools like ovulation predictor kits, fertility monitors, and basal body temperature thermometers. Learn more about finding your six-day fertile window (the time when pregnancy is most likely to occur) here.
How Do I Treat Ovulation Pain?
Mittelschmerz doesn’t last long, but if you need fast relief, try using over-the-counter painkillers. For a long-term solution, consider estrogen-progesterone hormonal birth control pills, which suppress ovulation.
Should I Worry About Ovulation Pain?
Ovulation pain is normal for many women, but mid-cycle abdominal cramping could also signal ovarian cysts, ectopic pregnancy, endometriosis, pelvic inflammatory disease, appendicitis, or infection. If the pain occurs shortly before your period (instead of two weeks before), it may be implantation bleeding. See a doctor if you also experience severe pain that lasts for days, fever, heavy bleeding that isn’t your period, trouble breathing, painful urination, vomiting, or diarrhea.


Karrueche Tran is not here for the rumors that she rekindled with her ex-boyfriend, Chris Brown.
Karrueche stepped into The Shade Room after the blog posted videos of the former flames at LeBron James’ Space Jam screening event.
“There was an event at Six Flags for Space Jam,” she wrote in a comment on TSR’s Instagram page. “There were a ton of other people there. Next.”
From the looks of the post, CB left moments before Tran was heading out. And as Tran noted, it was a star-studded event.
Don Cheadle, Chloe Bailey, Diplo, Zedd, and Tiffany Haddish were among those in attendance to celebrate the upcoming release of the highly-anticipated Space Jam sequel.
Karrueche Tran and Chris Brown finally split in 2014 when he welcomed his daughter, Royalty, with Nia Guzman.
The actress and model got a restraining order against the singer which she discussed in a 2017 interview with Ebro in the Morning.
“I’m always positive and I’m just focused, more than ever right now, on work,” she said at the time. “That’s just the goal for me. There’s no drama or anything like that. I do have the [restraining order] in place. We live our own lives and that’s how we move.” She explained that she filed the restraining order for her safety. “It just got to a point where it’s just like, I can’t. Just to make sure. And I live in L.A. I’m from L.A. So I move around how I wanna move, you know what I’m saying? So that’s what I felt that I needed,” she said.


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Customer Raves & Reviews
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Caught for a loop
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Pristine Print Save the Date Magnets we chose a purple and grey color scheme, and how it looked on the screen is just how it looks in real-life. Absolutely wonderful! They're good magnets (I was worried bc they are so cheap) but they look amazing and we haven'

domain: artistic


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There arent lots of destinations in which you'll find legal Wii game downloads, and the game picks dont even constantly perform. A couple of thirty day period back I began seeking sites on the web where I could obtain the many Wii sport downloads that I preferred. I wasted plenty of time http://edition.cnn.com/search/?text=롤대리 and expense but I then I stumbled on the Wii media downloads web page.
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domain: entertainment


A Wrinkle in Time
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discussed in biography
- In Mindy Kaling
Who in the 2018 film adaptation of Madeleine L’Engle’s acclaimed 1962 sci-fi novel, A Wrinkle in Time. Kaling also joined the mostly female cast of Ocean’s 8 (2018), a reboot of the Ocean’s Eleven franchise from the early 2000s. In 2019 Kaling wrote her first feature-length screenplay, Late Night,…Read More
- In Reese Witherspoon
…L’Engle’s acclaimed 1962 sci-fi novel, A Wrinkle in Time. In 2019 Witherspoon reprised her role in Big Little Lies for a second season. Later that year The Morning Show, a series on Apple TV+, made its debut. It featured Witherspoon as a news reporter and also starred Aniston and Steve…Read More


Smart cities are on the rise. According to a recent study, the number of smart cities across the world is set to quadruple between 2013 and 2025. Many of these should be new city developments. India, for example, is planning to spend US$1.13 billion on 100 of them.
But what of the rest?
While new cities may help deal with the blistering urban population growth rates predicted for Africa and Asia over the next decade, for most policymakers the issue is not how to create a smart city from scratch but how to add intelligence to the dumb infrastructure already in place. It is not easy, explains Steve Hilton, co-founder and managing director of the Internet of Things (IoT) consultancy MachNation.
"First of all, those pesky people living in cities makes it difficult to retrofit smart city solutions because you can't just ask people to leave town while you implement solutions that might impact their lives," he says.
"Second, cities generally have infrastructure under the management of different departments, so it requires a lot of project planning and integration. Third, cities have security, privacy, and legal concerns about IoT solutions that might impact people, businesses, and safety."
Nevertheless, there are simple measures city planners can take to improve the intelligence of services. "Some simple solutions would include connected parking meters, lighting management systems, and connected public transit," recommends Hilton.
And there are clear benefits to making the effort. Ask Vicente Guallart Furio, chief architect for the city council in Barcelona, the capital of Catalonia in Spain. "In Barcelona we see it as having a double bottom line, which is economic and social," he says.
"On one hand, information technologies can be used to create a home healthcare network, to create micro-networks to support disadvantaged persons, or to make the governance of the City more transparent."
On the other hand, he adds: "They can also improve the efficiency of mobility across the city, street lighting, and environmental control. We work with an integrated vision for the improvement of the quality of life for people and of the efficiency of urban services."
Guallart, who sees IT as being as critical to modern cities as electricity, sanitation, and public transport, acknowledges that it can be difficult to implement a smart city strategy in an existing urban environment. But it is important to go beyond just upgrading services, he says.
Barcelona's bus system is a case in point. The city used to have 108 bus lines that followed seemingly arbitrary routes. This is now being replaced with a network of 28 lines arranged in a grid.
"More than improving the old system with technology, we are re-designing it and then using technology to make it more usable and transparent," says Guallart.
His main message to other city planners is to think big. "You have to have a global strategy for the city," he advises. "Smart cities should not just involve partial measures or vertical sensor systems. In Barcelona we have defined a strategy based on taking information to each point of the city, just like any other urban infrastructure. So there may be Wi-Fi across the city's public spaces and that can be used to connect current and future technologies."
Another tip is that different government departments should each contribute to the budgets for technology integration, so that no opportunity is missed to add intelligence to the city infrastructure.
Such initiatives mark Barcelona out as being at the vanguard of smart city development, says Hilton. "Cities like Barcelona, San Francisco, and Chicago are taking an integrated approach to IoT," he believes.
"They are integrating applications for public transit, parking, lighting, security surveillance, public space management, port management, tourism services, and other aspects of smart cities."
For Hilton, that puts these retrofitted urban environments at the front of the queue for the next big thing in technology: the Internet of Everything. "This integration of applications is one of the signs of development of the Internet of Everything as defined by MachNation," he says.
The contents or opinions in this feature are independent and may not necessarily represent the views of Cisco. They are offered in an effort to encourage continuing conversations on a broad range of innovative technology subjects. We welcome your comments and engagement.
We welcome the re-use, republication, and distribution of "The Network" content. Please credit us with the following information: Used with the permission of http://thenetwork.cisco.com/.


BUSHES were set on fire at the back of Tesco in North Street, Hailsham.
The open fire was deliberately started on the Cuckoo Trail at 2.07pm on Saturday, September 3.
One fire engine from Hailsham raced to the scene to put out the fire. It returned to the scene at 3.45pm as the fire
was still smoking.
No one was believed to have been injured according to East Sussex Fire & Rescue Service.


Spacetime as a Quantum Graph
A model of empty spacetime as a quantum hypercubical null lattice is presented. Particles are proposed to be defects in this lattice. The symmetries of these particles are inherited from the symmetries of the lattice which are here related to the groups of the standard model. To establish this relation, the permutation group S _4 is examined, and used to construct classical Lie groups by the method of coherent states. The theory is generalized to general spacetimes (called quantum graphs). An action principle for quantum graphs is sought which will result in a four dimensional universe. The relationship between this theory and particle masses and coupling constants is discussed.
- Pub Date:
- Physics: Elementary Particles and High Energy; Physics: General


Main page GTA 5 Vehicles
JoBuilt Hauler Custom or hauler2 is one of the best vehicles in Grand Theft Auto V or GTA V. This vehicle is a heavy-duty haulage truck that is designed to carry massive loads with ease. It is manufactured by JoBuilt and is one of the most popular vehicles in the game for its durability, strength, and speed.
The hauler2 is known for its unique features that make it stand out from the rest of the trucks available in the game. It has a sleek and stylish design with a massive engine that provides the power necessary to pull a heavy load with ease. The vehicle features custom exhaust pipes, making it sound as tough as it looks.
The hauler2 also comes with a variety of customization options, allowing you to make it unique to your preferences. You can customize the color of the truck, add decals, and modify the engine to make it even more powerful. Additionally, you can add modifications to the wheels and suspension to make this vehicle more capable of handling off-road terrain.
The hauler2 is built for speed and can quickly get up to high speeds thanks to its powerful engine. The vehicle comes with an automatic transmission system that allows the driver to effortlessly switch between gears, making for a smooth and exciting driving experience. It's also super responsive thanks to its brakes and handling, meaning it's easy to maneuver even at high speeds.
In conclusion, the JoBuilt Hauler Custom or hauler2 is the perfect vehicle in GTA V for players who want to transport heavy loads with ease. Its strength, speed, and customization options make it a must-have for anyone looking for an impressive truck. The hauler2 is available for purchase on the in-game website and is one of the most popular options available for GTA V players. So, what are you waiting for? Try the hauler2 out today and see for yourself what all the hype is about!


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James Bond's fabled character has not only entertained and intrigued audiences around the world for fifty years, but has also defined a certain sense of style that can only be described as sexy and indelible so the challenge of dressing Daniel Craig for Skyfall — the 23rd James Bond film weighed heavy on costume designer Jany Temime.
“Every character is so established; we just had to make it slightly different – give it a twist without destroying the 50 years of background,” she says. “That’s what was very difficult for me. I have the same job as a designer who is asked to update a famous brand that has been working well for years!”
The challenge, of course, began with Bond himself. “James Bond is such an iconic figure that you have to respect the style – you have a man, an English gentleman, perfectly dressed, doing a lot of physical stunts. You have to respect that style, but you also have to deliver something new.”
Daniel, who has played Bond three times now, had specific ideas about what he wanted to wear for Skyfall and worked closely with Jany.
“I had a talk with Daniel and he told me what he wanted – he wanted something very physical. He wanted suits cut very close to his body so that they would move with him. Although James Bond is an English gentleman – his suits are tailored and well-made – he has an edge. He wears them with a 2012 touch, like the ankle boots he wears," Jany says.
"We fitted different shapes, and when we found the shape we liked, we went to Tom Ford, who manufactured the suits. They are exceptionally well-made. The fabric is so amazing – the suits are indestructible. He’s going through fire, blood, water – and whatever happens, he stands up, and the suit is perfect.”
The style challenge covered not only Bond, but of course the Bond girls as well, Severine (played by Bérénice Marlohe) and Eve (Naomie Harris).
Severine is Bond’s link to Silva, the villain in Skyfall. Jany says, “When I met Berenice for the first time, I was so amazed by her figure. I thought, ‘Wow, who’s that?’ She has such a traditional, beautiful, feminine shape. She reminds me of a film noir femme fatale – and I dressed her like that. Very vamp – but she can carry it! It was wonderful to give her dresses that glorify that.”
It was a longer search to find the proper style for Eve. “It had to be a style that would be proper for the office, proper for the field, and yet still sexy and flirtatious,” says Jany. “You had to find a limit on how sexy you can go and still wear it in the office – Eve is very flirty, but always stays on the edge. I dressed her in beige, dark orange, lime green, while Bérénice was in black and dark red. It made a good contrast.”
Skyfall hits IMAX theaters November 8 and conventional theaters November 9.
Also check out how you get Bond's look for less here.


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I got this kitten, several weeks old, about two weeks ago, and for the first few days she had diarrhea. While this went away, in the last two days she has now vomited twice. After the first time (in which she threw up what looked like the cat milk we had given her), we assumed it was the type of food and switched to a different type. All seemed fine until just a few minutes ago, when she vomited up the food she had earlier.
Everything else seems fine; she runs around and plays, has a good appetite, and she is no longer having diarrhea, so what could be the problem?

domain: pet


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Adolescents with complex social care needs are at a particularly high risk of poor outcomes, with some families resistant to traditional approaches to social work that lack the flexibility needed to respond to the often disruptive lifestyles of young people, often placing families in unfamiliar environments, making them increasingly likely to disengage from care.
Better by Design comprises a range of innovations to better support groups of adolescents across Richmond and Kingston-upon-Thames. The project aims to migrate young people in out-of-borough residential care back to local foster carers trained in the Better By Design practice model.
Transitions back to local foster care are via a short-stay residential setting supported by specially trained Innovation Family Workers, who also support young people on the edge of care with the aim of preventing escalation to care. A longer planning period has enabled systems to be better integrated, with a ‘drip-feed’ approach working to slowly build and develop the system.
The DfE-funded independent evaluation published in 2016 highlighted some of the challenges to delivering hub services for low incidence and high needs young people. The project has provided learning around the potential of the Better by Design approach and the need to ensure high occupancy rates to manage the unit costs of hub services. It has also highlighted the importance of clear referral pathways, supporting children at the right time and the need for closer supervision of the project by social workers.


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Sites which leave a positive and long-lasting legacy for their local community are making a great contribution to improving the image of the construction industry.
See the examples below for how one site achieved this:
- A Community Fruit Garden has been created on wasteland in a prominent location near the metro station.
- This initiative has contributed to the site’s carbon offsetting efforts while also building links with the local community.
- The design included large raised planters suitable for use by wheelchair users.
- After the construction of the garden, the site worked with a group called the Big Local who are helping with the maintenance of the garden.
- Agreement has also been reached and welcomed by the nearby allotment holders who now voluntarily maintain this facility providing an ongoing leisure and social activity opportunity.
- Selections of low-level fruit bearing bushes as well as semi-mature fruit trees have been planted and the public are encouraged to help themselves to the fruit providing a free and sustainable resource.
- On completion the project was given positive coverage by the local press.
- The local community appear to have adopted this area into their ownership. The area is now attractive, has not suffered from vandalism and is being well maintained
The fruit garden initiative not only demonstrates respect for the community but also reinforces the site’s commitment to protecting the environment.
Monitor report. Robertson Construction England. Tyne & Wear. September 2017.

domain: agronomy


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O'SCANNLAIN, Circuit Judge.
We must decide whether we have subject matter jurisdiction over a corporate qui tam action
This saga began in the early 1990s, when Aventis Pharma S.A., ("Aventis") a French pharmaceutical enterprise,
In June 1991, Aventis applied to the U.S. Patent and Trademark Office ("USPTO") for a patent to cover a supposedly new version of enoxaparin ("618 Product").
The initial versions of the NDA were rejected in part as being "obvious in view of the prior art," including EP144. Aventis acknowledged that EP144 was prior art, but claimed that the 618 Product was a different drug from the drug produced by following EP144 ("EP144 Product"). After several subsequent rejections, Aventis submitted a revised NDA in 1993 supported by the expert declaration of Dr. Andre Uzan, a French scientist. Dr. Uzan claimed that data in Example 6
The USPTO then approved the revised application and issued Patent Number 5,389,618 ("618 Patent")
Amphastar Pharmaceuticals, Inc., ("Amphastar") a U.S.-based generic pharmaceutical firm founded in 1999 by Yong Feng Zhang, decided that enoxaparin would be a good prospect for a generic product, believing it might be possible to develop a generic version by utilizing information from EP144. Development work began in 2000 and included experiments performed from 2000 to 2003 ("Pre-Litigation Experiments"). The exact nature of the Pre-Litigation Experiments is disputed, but they led to Amphastar's being able to manufacture a generic enoxaparin. Amphastar then submitted an Abbreviated New Drug Application ("ANDA") to the FDA on March 4, 2003.
Aventis responded to Amphastar's ANDA by bringing suit five months later, alleging that Amphastar and Teva Pharmaceuticals were infringing on the 618 Patent. Amphastar filed its Amended Answer and Counterclaim and made no mention of the Example 6 error or the Pre-Litigation Experiments.
After discovery was underway, Amphastar filed a motion to amend its Answer and Counterclaim, stating, "based on facts recently developed in this litigation, Amphastar has added new affirmative defenses and several antitrust claims to its answer and counterclaims." Amphastar's additions included an affirmative defense alleging inequitable conduct by Aventis in obtaining the 618 Patent. After Aventis filed a motion to strike the amendments, Amphastar responded by asserting: "As to the unenforceability of the '618 patent based on inequitable conduct, all of the facts and evidence upon which this affirmative defense is based are in the possession and control of Aventis." Amphastar did not mention the Pre-Litigation Experiments when it listed the evidence on which it based its inequitable conduct defense. Amphastar also alleged antitrust violations.
Amphastar eventually prevailed in its patent infringement litigation battle with Aventis.
Amphastar then brought this qui tam action against Aventis.
On November 14, 2012, the district court ruled that Amphastar's complaint was based on public disclosures, and therefore Amphastar had to show it was the "original source. . . of the information on which the allegations are based." § 3730(e)(4). Thereafter, Aventis filed a motion for summary judgment contending Amphastar had failed to meet the original source exception to the jurisdictional bar. To be an original source of information underlying the complaint, Amphastar needed to meet the pre-suit disclosure and "direct and independent knowledge" requirements.
Aventis first argued that Amphastar had failed to disclose enough information in its pre-suit disclosure letter. The district court denied Aventis's summary judgment motion on this issue in a May 2014 ruling, but certified its ruling for interlocutory appeal, which Aventis brought in No. 14-56382.
The district court then proceeded to the "direct and independent knowledge" issue.
Amphastar timely appealed the dismissal of its qui tam suit. Aventis timely cross-appealed the denial of attorneys' fees.
On appeal, Amphastar contends that the district court erred in dismissing its qui tam suit for lack of jurisdiction.
The relevant portions of Section 3730(e)(4) of the False Claims Act state:
If Amphastar's allegations are based on publicly disclosed information, the jurisdictional bar applies unless Amphastar is an "original source." To be an original source, Amphastar must demonstrate that: (1) it had direct and independent knowledge of the information on which it based its allegations, and (2) it satisfied the pre-suit disclosure requirements by providing the necessary information to the government before filing an action. Amphastar "bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence." Alcan, 197 F.3d at 1018.
Was the public disclosure bar triggered?
Transactions or allegations are disclosed if they can be found in pleadings or other public filings. Hagood v. Sonoma Cnty. Water Agency, 81 F.3d 1465, 1474 n.13 (9th Cir. 1996). Our circuit interprets "allegations" to refer to direct claims of fraud, and, we interpret "transaction to refer to facts from which fraud can be inferred." United States ex rel. Mateski v. Raytheon Co., 816 F.3d 565, 571 (9th Cir. 2016). We have adopted the reasoning of United States ex rel. Springfield Terminal Railway Co. v. Quinn, which states that when a critical mass of the underlying facts or of the allegations in the qui tam complaint have been disclosed prior to the qui tam complaint being filed, the public disclosure bar applies. Mateski, 816 F.3d at 571 (citing 14 F.3d 645, 653-54 (D.C. Cir. 1994)).
The Mateski court explained that if "X + Y = Z, Z represents the allegation of fraud and X and Y represent its essential elements." Id. (quoting United States ex rel. Found. Aiding the Elderly v. Horizon W., Inc., 265 F.3d 1011, 1015 (9th Cir. 2001), amended on denial of reh'g, 275 F.3d 1189 (9th Cir. 2001)). If the fraud allegations [Z] are disclosed, the bar applies. Id. If enough of the underlying facts making up the elements of fraud are disclosed, the bar applies. Id. "[I]n a fraud case, X and Y inevitably stand for but two elements:" the misrepresented facts [X] and the true facts [Y]. Id. (quoting Found. Aiding, 265 F.3d at 1015).
Amphastar argues that the allegations of fraud were never publicly disclosed before it filed this qui tam action. It concedes that general allegations of fraud were made in its Aventis I Amended Answer and Counterclaim, but says these past allegations never mentioned any false claims submitted to or paid by the federal government and state governments. Instead, its current allegations concern the fact that false claims were submitted to one or another government, allegations which were never made in any prior publicly disclosed document.
However, "[a]n allegation need not include an express reference to the [False Claims Act]" for the public disclosure bar to apply. Alcan, 197 F.3d at 1019. Nor does a disclosed allegation need to contain every specific detail to constitute a disclosure. Id. (rejecting an argument the relator's new allegations are meaningfully different because the old allegations "did not mention the [False Claims Act] and did not include details of the violations"). Alcan involved a situation where the publicly disclosed allegations "did not mention any overcharging, false-invoicing . . . or any other specific fraud on the government." Id. Like Alcan, this is not a case where the prior allegations concerned "a very different problem" than the qui tam allegations. See Mateski, 816 F.3d at 574 (discussing the "substantially similar" spectrum) (quoting Found. Aiding, 265 F.3d at 1016).
Amphastar's Amended Answer and Counterclaim in the 2003 Patent Infringement case made nearly identical allegations to those made here. It accused Aventis of obtaining an invalid patent due to misrepresentations. It also claimed that, despite knowing about these misrepresentations, "Aventis has attempted to maintain or obtain a monopoly over others" by doing things such as improperly listing the Patent in the Orange Book. Finally, it alleged that "Aventis has wrongfully derived, and will continue to wrongfully derive, income and profits from this conduct." The only new allegation Amphastar makes in the instant case is that the government also bought the drug while Aventis held its illegal monopoly, but this is an obvious inference based on the publicly disclosed allegations. The allegations in this case are so "substantially similar" to the prior allegations that we are satisfied the public disclosure bar applies. See Mateski, 816 F.3d at 573-74.
While the fraud allegations being disclosed are enough to trigger the bar, Amphastar also failed to demonstrate that both the misrepresented facts and the true facts were not disclosed. This is also enough to trigger the bar on its own. The misrepresented facts presented to the government (via the USPTO) are that the 618 Product differed from the EP144 Product because the half-life of the products was different, and thus Aventis held a valid patent—and, the true facts (actual state of the world) are that Example 6 was false and thus Aventis held an invalid patent, and this invalid patent allowed Aventis unlawfully to charge monopoly prices to customers. In this case "the information publicly disclosed. . . contained the material facts underlying [the relator's] allegation of fraud." A-1 Ambulance Serv., Inc. v. California, 202 F.3d 1238, 1245 (9th Cir. 2000); see also Found. Aiding, 265 F.3d at 1015-17 (asking if the true state of the world was disclosed (i.e. the defendant's substandard care) and if the misrepresented facts were disclosed (i.e. the false statements to the government)).
The evidence that the misrepresented facts and the true facts were actually disclosed is overwhelming. The qui tam complaint alleges that: (1) Aventis intentionally made material misrepresentations to the USPTO regarding whether the 618 Product was novel relative to prior art, (2) such misrepresentations allowed it fraudulently to obtain the 618 Patent, (3) Aventis then improperly listed the 618 Patent in the FDA Orange Book, and (4) such listing allowed Aventis to overcharge the government. The 2004 allegations
Amphastar also argues that the district court erred because it recited: "The `public disclosure' standard is not intended to be difficult to meet. Hagood, 81 F.3d at 1476 n.18 (noting that courts often treat the `based upon public disclosure' step as a `quick trigger' to arrive at the more exacting `original source' inquiry)." Amphastar Pharm., Inc. v. Aventis Pharma S.A., No. EDCV-09-0023, 2012 WL 5512466, at *7 (C.D. Cal. Nov. 14, 2012) ("Aventis V"). Mateski specifically rejected a defendant's argument that the "quick trigger" language of Hagood means the courts should avoid substantively analyzing a public disclosure issue. 816 F.3d at 577-78 (stressing the need to analyze the issue "with some specificity").
Even assuming the district court committed legal error by failing to analyze this issue in enough detail, any error would be harmless. We are satisfied that enough of the fraud allegations, or alternatively, enough of the underlying facts, were publicly disclosed such that the public disclosure bar should have been triggered.
Since the public disclosure bar was triggered, did Amphastar qualify as an original source?
The first prong of the original source analysis asks whether Amphastar can show it had "knowledge that is both direct and independent." Devlin, 84 F.3d at 361 n.5. To prove "direct" knowledge, Amphastar "must show that [it] had firsthand knowledge of the alleged fraud, and that [it] obtained this knowledge through [its] own labor unmediated by anything else." Alcan, 197 F.3d at 1020. To prove "independent" knowledge, relators have to show they had relevant "evidence of fraud prior to the public disclosure of the allegations." Devlin, 84 F.3d at 361 n.5.
Amphastar claimed it learned that Example 6 was false through its Pre-Litigation Experiments (direct) and knew this information before the Aventis I disclosures (independent).
So the crucial question is whether the district court's factual findings derived from the July 2014 evidentiary hearing are clearly erroneous. The district court did a thorough job developing the record—eight witnesses (including four experts) testified, 300 exhibits were submitted, and the transcript for the hearing exceeds 1,100 pages. The district court found that Amphastar had no knowledge Example 6 was false before this fact was publicly disclosed in the Aventis I litigation. Aventis VI, 2015 WL 4511573, at *6. The court concluded that Zhang's testimony, that he knew Example 6 of the 618 Patent application was false before the Aventis I litigation began, was not credible. Id. It also concluded that Amphastar had no direct or independent knowledge that Aventis had made false reports to the FDA about its manufacturing process. Id. at *14 ("Indeed, in argument, Amphastar acknowledged that its only witness regarding its supposed `direct and independent knowledge,' Zhang, did not offer such evidence.").
The district court rejected Zhang's testimony that he believed Example 6 was false before Aventis I for several reasons. For example, there was no written documentation of this seemingly important discovery. The only proof Zhang offered was a single statement in his deposition that he allegedly told two other people in passing, yet neither of these people testified to confirm these alleged conversations. Id. at *6. The court also concluded that the Pre-Litigation Experiments did not actually produce enoxaparin by following EP144, and thus did not demonstrate that Example 6 was false—despite Zhang claiming this is how he first came to believe it. Id. at *8.
Additional evidence supporting the district court's conclusion was the notebooks documenting the Pre-Litigation Experiments; they provided critical evidence that Amphastar ended up relying on the 618 Patent to create a generic enoxaparin. Id. at *9-14.
The district court was also deeply troubled (for good reason) by Amphastar's inconsistent prior statements about when it discovered the Example 6 error. Amphastar did not raise the Example 6 issue as a defense until a year after the Aventis I litigation began. Aventis VI, 2015 WL 4511573, at *7. When it did raise the defense, in its June 7, 2004 motion, it recited, "based on facts recently developed in this litigation, Amphastar has added new affirmative defenses [and several counterclaims]." Id. (emphasis added by district court). Amphastar did not list the supposedly important Pre-Litigation Experiments among the evidence in support of its June 2004 contentions. Id. Also, the pre-suit disclosure letter written by Amphastar in 2008 and sent to the government before Aventis VI stated that "[d]uring Amphastar's litigation against Aventis, Amphastar discovered that Aventis has committed frauds against [the United States], which have resulted in false claims." Id. at *8 (emphasis added by district court).
All of Amphastar's legal arguments regarding direct and independent knowledge fail if the factual findings of the evidentiary hearing stand. Amphastar argues the district court incorrectly required Amphastar to show it had knowledge of Example 6's falsity and of Aventis's intent to deceive. Furthermore, the district court does use the phrases "false statement" and "knowledge of the alleged fraud" interchangeably, which is problematic. See, e.g., id. at *6. Amphastar only needed to prove it had direct and independent knowledge that Example 6 was false to be an original source—the district court should have spoken with more precision. Nevertheless, the factual conclusion that Amphastar had no knowledge of the Example 6 issue before it was disclosed makes this argument moot. Any error is harmless if Amphastar fails to overturn the factual findings.
Amphastar was required to offer compelling proof the district court erred to overcome the deferential clear error standard that governs factual findings. Anderson v. City of Bessemer, 470 U.S. 564, 573 (1985) (describing the "clearly erroneous" standard). Yet, Amphastar does not even directly challenge the district court's factual findings, instead arguing that the district court did not adequately consider its March 17, 2003, experiment in considering whether Amphastar knew about the Example 6 issue through its own labor pre-Aventis I. However, the district court clearly concluded that no Pre-Litigation Experiment provided Amphastar this information. It discussed all of the issues with the Pre-Litigation Experiments in general and then provided specific examples. The district court is not required to list all one hundred plus experiments and explain why each one did not provide this information, but instead it is presumed to have considered all the evidence unless something indicates otherwise. See W. Pac. Fisheries, Inc. v. SS President Grant, 730 F.2d 1280, 1285 (9th Cir. 1984). Here, the district court considered "the evidence" and reached the not clearly erroneous conclusion that none of the Pre-Litigation Experiments produced enoxaparin utilizing just EP144 disclosures. Aventis VI, 2015 WL 4511573, at *1, 8.
Amphastar further argues that the district court abused its discretion by allowing Aventis to present an argument at the evidentiary hearing that it copied 618 Patent processes in its Pre-Litigation Experiments. Amphastar served interrogatories to Aventis before the evidentiary hearing to disclose facts, witnesses, and other items supporting its arguments. Aventis did not disclose that it would make an argument that Amphastar copied the 618 Patent in response to the interrogatories or in its pre-evidentiary hearing brief. Amphastar believes this theory, and any related contentions, should have been excluded under Federal Rule of Civil Procedure 37(c)(1), which states: "If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information . . . unless the failure was substantially justified or is harmless."
However, Amphastar waived this argument by failing to raise it adequately below. Nowhere before the district court did Amphastar make a Rule 37(c)(1) objection or ask that evidence relating to the copying theory be excluded. At the evidentiary hearing's closing arguments Amphastar did mention being caught off-guard by the "copying" theory, but got several facts wrong and never attempted to exclude the theory or raise a Rule 37 objection. Amphastar did make a cursory Rule 37(b)(2)(A)(ii) request for sanctions and an objection in its post-hearing brief, alleging that "Aventis . . . failed to provide a full and complete disclosure of its contentions." But no citation to Rule 37(c)(1) was made.
Assuming arguendo that this issue was not waived and the district court did err, any error was harmless. Even if the "copying" theory were excluded, the record would still contain all of the other factual findings that indicate Amphastar lacked direct and independent knowledge. The inconsistencies, the notebooks, Zhang's lack of credibility—all would remain. Amphastar would still bear the burden of prevailing on the jurisdictional bar issue. Alcan, 197 F.3d at 1018. It has not come close to doing so.
In its cross-appeal, Aventis contends that the district court erred in concluding it had no power to award attorneys' fees to Aventis, and we agree. The relevant fee-shifting provision states:
31 U.S.C. § 3730(d)(4) (emphasis added).
The district court relied on Branson v. Nott, 62 F.3d 287, 293 (9th Cir. 1995), to conclude that as a matter of law attorneys' fees cannot be awarded under a fee-shifting statute if the underlying claim was dismissed for lack of subject matter jurisdiction. Aventis VI, 2015 WL 4511573, at *16.
Branson and its progeny set out a two-part test for analyzing whether a district court can award attorneys' fees when the underlying action is dismissed for lack of subject matter jurisdiction in a case such as this: (1) Does the fee-shifting provision contain an independent grant of subject matter jurisdiction? (2) If so, did the winning party "prevail?" 62 F.3d at 293.
First, we look to see if the fee-shifting provision "provide[s] the district court with jurisdiction to grant an attorney fee award where subject matter jurisdiction to hear the underlying . . . claim is lacking." Id. Sometimes the answer is no. See, e.g., Zambrano v. I.N.S., 282 F.3d 1145, 1150 (9th Cir. 2002) (concluding that the fee-shifting statute "does not provide an independent grant of jurisdiction" and therefore the district court lacks the jurisdiction to award attorneys' fees). Sometimes the answer is yes. See, e.g., Alaska Right to Life Political Action Comm. v. Feldman, 504 F.3d 840, 852 (9th Cir. 2007) (holding that we "may award attorneys' fees and costs even after dismissing for lack of jurisdiction"). And sometimes the answer is yes, but only with regard to the jurisdictional issues. Latch v. United States, 842 F.2d 1031, 1033 n.4 (9th Cir. 1988) (per curiam) (explaining that 26 U.S.C. § 7430 allows fees to be awarded to a defendant that "prevailed on the only issue over which the district court properly had jurisdiction, i.e., the determination that it had no jurisdiction").
Second, "even if the district court had the jurisdiction to impose . . . attorney's fees [under the fee-shifting provision], attorney's fees are only available under that provision to a party who has `prevailed' on the merits." Branson, 62 F.3d at 293. The district court skipped to the second-prong and reasonably concluded that Branson controlled, Aventis did not "prevail," and it could not award attorneys' fees. Aventis VI, 2015 WL 4511573, at *16; see also Branson, 62 F.3d at 293 ("Where, as here, dismissal is mandated by a lack of subject matter jurisdiction, a defendant is not a `prevailing' party within the meaning of § 1988.").
But, Branson's analysis of the second-prong has been called into question. In CRST Van Expedited Inc. v. E.E.O.C. the Supreme Court explained that "a favorable ruling on the merits is not a necessary predicate to find that a defendant has prevailed." 136 S.Ct. 1642, 1646 (2016). It reversed an Eighth Circuit decision that declined to award attorneys' fees because the defendant did not win "on the merits." Id. at 1650, 1654. The court elaborated at length about why defendants who prevail for various non-meritorious reasons should still be deemed "prevailing part[ies]." Id. at 1651-54.
With Branson out of the way, the question of whether Aventis is a prevailing party is an easy one: Yes. Aventis has spent eight years, quite a bit of money, and quite a bit of energy, fighting this lawsuit. This lawsuit has probably lasted longer than the vast majority of lawsuits that are resolved on the "merits." If Amphastar brought a frivolous action, the statutory scheme strongly indicates that this is the kind of case for which fee awards should be available to deter future frivolous plaintiffs. See CRST, 136 S. Ct. at 1652. Common sense says that Aventis has won a significant victory and permanently changed the "legal relationship of the parties." Id. at 1646.
Amphastar challenges whether § 3730(d)(4) contains an independent grant of subject matter jurisdiction to award attorneys' fees. We have located independent grants in some cases but not in others, as discussed above, but whether § 3730(d)(4) contains an independent grant of jurisdiction is a matter of first impression for this circuit. When deciding this question we have looked at the text and structure of the statute. See Latch, 842 F.2d at 1033. We have also been more willing to allow a district court to award attorneys' fees when the underlying issues concerned whether the district court had jurisdiction—since a court always has jurisdiction to determine its own jurisdiction. Id. at 1033 n.4.
Two courts in other circuits have addressed this question. Both conclude that § 3730(d)(4) provides an independent grant of jurisdiction to award attorneys' fees even if the underlying action is dismissed for lack of jurisdiction. See United States ex rel. Grynberg v. Praxair, Inc., 389 F.3d 1038, 1055-58 (10th Cir. 2004); United States ex rel. Atkinson v. Pa. Shipbuilding Co., 528 F.Supp.2d 533, 540 (E.D. Pa. 2007). Both relied on the text and structure of the statute. Id. Atkinson observed that "[e]liminating jurisdiction to award attorney fees and expenses in such cases would have the illogical consequence of disallowing fees in cases specifically identified by Congress as undesirable." 528 F. Supp. 2d at 539-40.
The False Claims Act jurisdictional bar covers a huge number of cases. To rule that a district court cannot award attorneys' fees even when it determines that a Relator brought a frivolous suit just because the jurisdictional bar applies would undermine one of the key purposes of the 1986 amendments to the False Claims Act—"to discourage `parasitic' suits brought by individuals with no information of their own to contribute to the suit."
Given Latch, the text and structure of the statute, and Grynberg and Atkinson, we conclude that § 3730(d)(4) contains an independent grant of subject matter jurisdiction at least to the extent that a court is able to award attorneys' fees even where the issue is whether the court had subject matter jurisdiction at all.
We are persuaded that the district court had subject matter jurisdiction over the attorneys' fees issue and that Aventis is the prevailing party. As such, the district court may award attorneys' fees to Aventis if it determines that Amphastar's claim "was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment." § 3730(d)(4).
Amphastar's allegations in this action were based on publicly disclosed information, and it lacked the direct and independent knowledge needed to be an original source. We uphold the judgment of the district court in favor of Aventis on the merits. However, because the False Claims Act's feeshifting provision contains an independent grant of subject matter jurisdiction and because a party who wins a lawsuit on a non-merits issue is a "prevailing party," the conclusion of the district court that it could not award attorneys' fees is erroneous, and the case is remanded for resolution of the attorneys' fees issue.
Therefore, the judgment of the district court in No. 15-56122 is
On remand, the district court again found that Aventis did intend to deceive the USPTO; this time the decision was affirmed on appeal. Aventis Pharma S.A. v. Amphastar Pharm., Inc., 475 F.Supp.2d 970, 994 (C.D. Cal. 2007) ("Aventis III"), aff'd, 525 F.3d 1334 (Fed. Cir. 2008) ("Aventis IV").

domain: law