alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014292EN.01004901.xml

| 1.9.2014 | EN | Official Journal of the European Union | C 292/49 |
| --- | --- | --- | --- |

1.9.2014

EN

Official Journal of the European Union

C 292/49

---

Action brought on 17 June 2014 — Warimex v OHIM (STONE)

(Case T-454/14)

2014/C 292/60

Language of the case: German

Parties

Parties

Applicant: Warimex Waren-Import-Export Handels GmbH (Neuried, Germany) (represented by E. Keller and J. Voogd, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2014 in Case R 1599/2013-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2014 in Case R 1599/2013-1;

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the figurative mark including the word element ‘STONE’ for goods and services in Classes 1, 3, 7, 8, 9, 11, 12, 16, 21, 24 and 25 — Community trade mark application No 1 1 4 64  005

Community trade mark concerned:

Decision of the Examiner: the application was rejected

Decision of the Examiner:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Articles 75 and 76 of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Articles 75 and 76 of Regulation No 207/2009;

| — | Infringement of Article 7(1)(c) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation No 207/2009;

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 207/2009

---
Exhibit 10.10


                    AMENDMENT TO LEASE TERMINATION AGREEMENT
                    ----------------------------------------

         This Amendment to Lease Termination Agreement is dated as of October
20, 2002 by and between RSI (NG) QRS 12-13, INC. as Landlord ("Landlord") and
RHEOMETRIC SCIENTIFIC, INC. as Tenant ("Tenant").

                               W I T N E S S E T H

         WHEREAS, Landlord and Tenant entered into a Lease Termination Letter
Agreement dated October 11, 2002 concerning premises located at One Possumtown
Road, Piscataway, New Jersey. The final paragraph of the Letter Agreement
provided that all obligations and agreements of Landlord and Tenant were
contingent upon, among other things, "approval by Landlord's Lender within ten
(10) days of the date hereof."

         NOW, THEREFORE, for the foregoing premises and other good and valuable
consideration, the parties hereby agree as follows:

         1.    The final paragraph of the Letter Agreement is hereby deleted and
replaced in its entirety to read as follows:

               "All of the obligations and agreements of Landlord and
               Tenant hereunder are contingent upon (i) the
               consummation of the Closing under the Asset Purchase
               Agreement, (ii) approval by Landlord's lender, and
               (iii) execution of a satisfactory agreement, in the
               form attached as Exhibit A, describing the terms of a
               proposed lease between Landlord and Waters Technologies
               Corporation or its designee ("Waters")."

         2.    All other terms and conditions of the Lease Termination Agreement
remain in full force and effect.

         This Agreement is effective as of the date first above written.

                                       RHEOMETRIC SCIENTIFIC, INC.

                                       By: /s/ JOSEPH MUSANTI
                                           -------------------------------------
                                           Name: Joseph Musanti
                                           Title: V.P. Finance


                                       RSI (NJ) QRS 12-13, INC.

                                       By: /s/ THOMAS E. ZACHARIAS
                                           -------------------------------------
                                           Name: Thomas E. Zacharias
                                           Title: Managing Director


         For the purposes of agreeing that the provisions of Paragraph 2 of the
Lease Termination Agreement remain in full force and effect:


ANDLINGER CAPITAL XXVI LLC

By:  /s/ MERRICK G. ANDLINGER
     -------------------------------
     Merrick G. Andlinger
     Managing Member


                                      E-5
Editorial Note on Part 890
Editorial Note: Nomenclature changes to part 890 appear at 73 FR 35341, June 23, 2008.

§ 890.3760 Powered table. ( a ) *Identification.* A powered table is a device intended for medical purposes that is an electrically operated flat surface table that can be adjusted to various positions. It is used by patients with circulatory, neurological, or musculoskeletal conditions to increase tolerance to an upright or standing position.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 890.9.
[48 FR 53047, Nov. 23, 1983, as amended at 61 FR 1125, Jan. 16, 1996; 66 FR 38817, July 25, 2001]
Order entered April 14, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00294-CV

IN RE BANCORPSOUTH BANK, Relator

Original Proceeding from the 255th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-11-15742

ORDER

In accordance with the Court’s opinion issued this date, the petition for writ of 

mandamus is CONDITIONALLY GRANTED. The Court ORDERS the trial judge, the 

Honorable Lori C. Hockett, Judge of the 255th District Court, to VACATE her January 24, 2014 

Order to Withhold Distributions and, to the degree it is applicable to BancorpSouth Bank as 

trustee of the Anne Cook Slicker and Joseph A. Slicker 1993 Trust for the Benefit of William 

Cook Slicker, vacate that portion of her January 24, 2014 Order on Motion for Temporary 

Orders Pending Appeal that orders “that an order of withholding is issued to any trust ordering 

that any mandatory distributions from a trust in which William C. Slicker is the beneficiary, shall 

withhold distributions and pay it to Phyllis Slicker.” Should the trial judge fail to comply with 

this order, the writ will issue. 
The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the 

date of this order, a certified copy of her order issued in compliance with this order. We 

ORDER that relator recover its costs of this original proceeding from real party in interest, 

Phyllis Slicker.

/s/ DAVID LEWIS 

JUSTICE
#### Barlow v. Waples et al.

*Alan Kahn*and *Richter, Lord & Farage,*for plaintiff.

*Charles K. Peters*and *Swartz, Campbell & Henry,*for defendants.

November 13, 1952.

Flood, J.,

In this negligence cáse, brought by husband and wife as.plaintiffs, both *2sides have filed petitions for discovery by oral depositions under Pa. R. C. P. 4007.

Original defendant’s petition seeks discovery as to the owner of the. automobile in which plaintiffs were riding, and whether the husband, when driving, was his wife’s servant or agent. Plaintiffs do not oppose defendant’s petition, and an appropriate order will be entered.

Plaintiffs’ petition requests the right to take the oral depositions of defendant “in order to prove a prima facie claim and in order to ascertain the nature of the defense that the defendant intends to set up and the basis of the defendant’s third party complaint.” At the argument counsel made it clear that plaintiffs wished to ask defendant about the happening of the collision so that we treat the petition as though it had been so framed. It must be denied. Plaintiffs ask in substance for an advance statement of defendant’s version of the occurrence at which all the parties were present. This is beyond our power to order in view of the limitation in Pa. R. C. P. 4011, since plaintiffs, being present, must be taken to know the facts at least in the absence of an averment to the contrary.

There is a very considerable body of professional opinion that such a preview of a party’s testimony, as provided for by the Federal Rules of Civil Procedure, is a very desirable thing. We agree with this view. See 28 U. S. C. 174, rule 26, commentary 3. But the view was rejected by those who drafted and promulgated our Pennsylvania Rules of Civil Procedure relating to discovery. See “Discovery under the Proposed New Rules” by Judge Kenworthey, chairman of the Procedural Rules Committee, 20 Pa. Bar Assn. Quar. 17 (1948). Discovery in Pennsylvania under the current rules does not mean that the parties may procure a script for the trial.

Defendant’s petition is granted. Plaintiffs’ petition is denied.
Editorial Note on Part 892
Editorial Note: Nomenclature changes to part 892 appear at 73 FR 35341, June 23, 2008.

§ 892.1715 Full-field digital mammography system. ( a ) *Identification.* A full-field digital mammography system is a device intended to produce planar digital x-ray images of the entire breast. This generic type of device may include digital mammography acquisition software, full-field digital image receptor, acquisition workstation, automatic exposure control, image processing and reconstruction programs, patient and equipment supports, component parts, and accessories.
( b ) *Classification.* Class II (special controls). The special control for the device is FDA's guidance document entitled “Class II Special Controls Guidance Document: Full-Field Digital Mammography System.” *See* § 892.1(e) for the availability of this guidance document.
[75 FR 68203, Nov. 5, 2010]
Editorial Note on Part 864
Editorial Note: Nomenclature changes to part 864 appear at 73 FR 35341, June 23, 2008.

§ 864.6600 Osmotic fragility test. ( a ) *Identification.* An osmotic fragility test is a device used to determine the resistance of red blood cells to hemolysis (destruction) in varying concentrations of hypotonic saline solutions.
( b ) *Classification.* Class I (general controls). This device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 864.9.
[45 FR 60607, Sept. 12, 1980, as amended at 54 FR 25045, June 12, 1989; 66 FR 38790, July 25, 2001]
# C_2014151EN.01003002.xml

| 19.5.2014 | EN | Official Journal of the European Union | C 151/30 |
| --- | --- | --- | --- |

19.5.2014

EN

Official Journal of the European Union

C 151/30

---

Action brought on 20 March 2014 — Grundig Multimedia v OHIM (GentleCare)

(Case T-188/14)

2014/C 151/39

Language of the case: English

Parties

Parties

Applicant: Grundig Multimedia AG (Stansstad, Switzerland) (represented by: M. Neuner and S. Walter, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 January 2014 given in Case R 739/2013-5. |
| --- | --- |

—

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 January 2014 given in Case R 739/2013-5.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘GentleCare’ for goods in Class 7 — Community trade mark application No 11 102 522

Community trade mark concerned:

Decision of the Examiner: Rejected the CTM application in part

Decision of the Examiner:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) CTMR.

Pleas in law:

---
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.4390 Cardiopulmonary bypass pump tubing. ( a ) *Identification.* A cardiopulmonary bypass pump tubing is polymeric tubing which is used in the blood pump head and which is cyclically compressed by the pump to cause the blood to flow through the cardiopulmonary bypass circuit.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 888
Editorial Note: Nomenclature changes to part 888 appear at 73 FR 35341, June 23, 2008.

§ 888.4300 Depth gauge for clinical use. ( a ) *Identification.* A depth gauge for clinical use is a measuring device intended for various medical purposes, such as to determine the proper length of screws for fastening the ends of a fractured bone.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 888.9.
[52 FR 33702, Sept. 4, 1987, as amended at 66 FR 38815, July 25, 2001]
§ 876.4500 Mechanical lithotriptor. ( a ) *Identification.* A mechanical lithotriptor is a device with steel jaws that is inserted into the urinary bladder through the urethra to grasp and crush bladder stones.
( b ) *Classification.* Class II (special controls). The device, when it is a biliary mechanical lithotripter, is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 876.9.
[48 FR 53023, Nov. 23, 1983, as amended at 84 FR 71813, Dec. 30, 2019]
Editorial Note on Part 888
Editorial Note: Nomenclature changes to part 888 appear at 73 FR 35341, June 23, 2008.

§ 888.3490 Knee joint femorotibial metal/composite non-constrained cemented prosthesis. ( a ) *Identification.* A knee joint femorotibial metal/composite non-constrained cemented prosthesis is a device intended to be implanted to replace part of a knee joint. The device limits minimally (less than normal anatomic constraints) translation in one or more planes. It has no linkage across-the-joint. This generic type of device includes prostheses that have a femoral condylar resurfacing component or components made of alloys, such as cobalt-chromium-molybdenum, and a tibial condylar component or components made of ultra-high molecular weight polyethylene with carbon fibers composite and are intended for use with bone cement (§ 888.3027).
( b ) *Classification.* Class II.
# C_2015065EN.01004101.xml

| 23.2.2015 | EN | Official Journal of the European Union | C 65/41 |
| --- | --- | --- | --- |

23.2.2015

EN

Official Journal of the European Union

C 65/41

---

Action brought on 17 December 2014 — Closet Clothing v OHIM — Closed Holding (CLOSET)

(Case T-815/14)

(2015/C 065/57)

Language in which the application was lodged: English

Parties

Parties

Applicant: Closet Clothing Co. Ltd (Barnet, United Kingdom) (represented by: M. Elmslie, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: Closed Holding AG (Hamburg, Germany)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant: Applicant

Applicant:

Trade mark at issue: Community word mark ‘CLOSET’ — Application for registration No 10 802 891

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 6 October 2014 in Case R 423/2014-4

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.1220 Corneal electrode. ( a ) *Identification.* A corneal electrode is an AC-powered device, usually part of a special contact lens, intended to be applied directly to the cornea to provide data showing the changes in electrical potential in the retina after electroretinography (stimulation by light).
( b ) *Classification.* Class II.
§ 884.5435 Unscented menstrual pad. ( a ) *Identification.* An unscented menstrual pad is a device that is a pad made of cellulosic or synthetic material which is used to absorb menstrual or other vaginal discharge. This generic type of device includes sterile unscented menstrual pads used for medically indicated conditions, but does not include menstrual pads treated with scent (i.e., fragrance materials) or those with added antimicrobial agents or other drugs.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 884.9 only when the device is made of common cellulosic and synthetic material with an established safety profile.
[45 FR 12684, Feb. 26, 1980, as amended at 61 FR 67714, Dec. 24, 1996; 65 FR 2320, Jan. 14, 2000; 73 FR 34860, June 19, 2008; 84 FR 71816, Dec. 30, 2019]
Editorial Note on Part 882
Editorial Note: Nomenclature changes to part 882 appear at 73 FR 35341, June 23, 2008.

§ 882.5860 Implanted neuromuscular stimulator. ( a ) *Identification.* An implanted neuromuscular stimulator is a device that provides electrical stimulation to a patient's peroneal or femoral nerve to cause muscles in the leg to contract, thus improving the gait in a patient with a paralyzed leg. The stimulator consists of an implanted receiver with electrodes that are placed around a patient's nerve and an external transmitter for transmitting the stimulating pulses across the patient's skin to the implanted receiver. The external transmitter is activated by a switch in the heel in the patient's shoe.
( b ) *Classification.* Class III (premarket approval).
( c ) *Date PMA or notice of completion of PDP is required.* A PMA or notice of completion of a PDP for a device described in paragraph (b) of this section is required to be filed with the Food and Drug Administration on or before July 13, 1999 for any implanted neuromuscular stimulator that was in commercial distribution before May 28, 1976, or that has, on or before July 13, 1999, been found to be substantially equivalent to an implanted neuromuscular stimulator that was in commercial distribution before May 28, 1976. Any other implanted neuromuscular stimulator shall have an approved PMA or declared completed PDP in effect before being placed in commercial distribution.
[44 FR 51730, Sept. 4, 1979, as amended at 52 FR 17740, May 11, 1987; 64 FR 18329, Apr. 14, 1999]
I 

118TH CONGRESS 

2D SESSION H. R. 7577 

To amend the Internal Revenue Code of 1986 to treat energy efficient 

kegs as efficient commercial building property for purposes of the energy 

efficient commercial buildings deduction. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2024 

Mr. LAHOOD (for himself and Mr. HORSFORD) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to treat energy 

efficient kegs as efficient commercial building property 

for purposes of the energy efficient commercial buildings 

deduction. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Creating Hospitality 

5 Economic Enhancement for Restaurants and Servers Act’’ 

6 or the ‘‘CHEERS Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7577 IH

1 SEC. 2. ENERGY EFFICIENT KEG PROPERTY. 

2 (a) IN GENERAL.—Section 179D(d) of the Internal 

3 Revenue Code of 1986 is amended by inserting after para4 graph (5) the following new paragraph: 

5 ‘‘(6) QUALIFIED ENERGY-EFFICIENT DRAFT

6 PROPERTY.— 

7 ‘‘(A) IN GENERAL.—Notwithstanding sub8 section (c)(1)(D), for purposes of this section, 

9 qualified energy-efficient draft property shall be 

10 treated as energy efficient commercial building 

11 property. 

12 ‘‘(B) QUALIFIED ENERGY-EFFICIENT

13 DRAFT PROPERTY DEFINED.—For purposes of 

14 this paragraph, the term ‘qualified energy-effi15 cient draft property’ means property— 

16 ‘‘(i) which meets the requirements of 

17 paragraphs (A) and (B)(i) of paragraph 

18 (1) of subsection (c), 

19 ‘‘(ii) which is principally used in the 

20 conduct of a trade or business of operating 

21 a restaurant, bar, or entertainment venue, 

22 and 

23 ‘‘(iii) which is a stainless steel or alu24 minum container or related commercial tap 

25 equipment used for the distribution and 

26 sale of alcohol. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 7577 IH

1 ‘‘(C) REGULATIONS.—The Secretary shall 

2 issue such regulations or other guidance as may 

3 be necessary or appropriate to carry out the 

4 purposes of this paragraph, including regula5 tions providing for the appropriate treatment of 

6 taxpayers that rent or lease qualified energy ef7 ficient draft property to further such pur8 poses.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to property placed in service after 

11 the date of enactment of this Act. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS