alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023286EN.01002701.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/27 |
| --- | --- | --- | --- |

14.8.2023

EN

Official Journal of the European Union

C 286/27

---

Judgment of the General Court of 28 June 2023 — UGA Nutraceuticals v EUIPO — BASF (OMEGOR VITALITY)

(Case T-496/22) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark OMEGOR VITALITY - Earlier EU figurative mark OMACOR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2023/C 286/36)

Language of the case: English

Parties

Applicant: UGA Nutraceuticals Srl (Gubbio, Italy) (represented by: M. Riva, J. Graffer and A. Ottolini, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Chylińska and T. Frydendahl, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: BASF AS (Oslo, Norway)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 June 2022 (Case R 1200/2021-4).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders UGA Nutraceuticals Srl and the European Union Intellectual Property Office (EUIPO) to bear their own costs. |
| --- | --- |

2.

Orders UGA Nutraceuticals Srl and the European Union Intellectual Property Office (EUIPO) to bear their own costs.

---

(1)  OJ C 380, 3.10.2022.

---
# C_2023252EN.01004702.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/47 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/47

---

Judgment of the General Court of 7 June 2023 — Medex v EUIPO — Stein (medex)

(Case T-419/22) (1)

(EU trade mark - Revocation proceedings - EU figurative mark medex - Genuine use of the mark - Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001 - Classification of the goods for which genuine use has been shown)

(2023/C 252/56)

Language of the case: English

Parties

Applicant: Medex, živilska industrija, d.o.o. (Ljubljana, Slovenia) (represented by: N. Čuden, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Gerrit Cornelis Johan Stein (Elp, Netherlands)

Re:

By its action on the basis of Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 May 2022 (Case R 1361/2021-5).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders each party to bear its own costs. |
| --- | --- |

2.

Orders each party to bear its own costs.

---

(1)  OJ C 326, 29.8.2022.

---
# C_2021471EN.01005302.xml

| 22.11.2021 | EN | Official Journal of the European Union | C 471/53 |
| --- | --- | --- | --- |

22.11.2021

EN

Official Journal of the European Union

C 471/53

---

Action brought on 27 September 2021 — Automobiles Citroën v EUIPO Polestar (Device of two inverted chevrons)

(Case T-608/21)

(2021/C 471/76)

Language of the case: English

Parties

Applicant: Automobiles Citroën (Poissy, France) (represented by: C. Weyl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Polestar Holding AB (Götenborg, Sweden)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark (Device of two inverted chevrons) — European Union trade mark No 16 898 173

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 July 2021 in Case R 502/2020-4

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

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

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# C_2022294EN.01001301.xml

| 1.8.2022 | EN | Official Journal of the European Union | C 294/13 |
| --- | --- | --- | --- |

1.8.2022

EN

Official Journal of the European Union

C 294/13

---

Appeal brought on 18 February 2022 by Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi against the judgment of the General Court (Second Chamber) delivered on 8 December 2021 in Case T-595/19, Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Fontana Food (GRILLOUMI BURGER)

(Case C-121/22 P)

(2022/C 294/17)

Language of the case: English

Parties

Appellant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (represented by: V. Marsland, Solicitor, and C. Milbradt, Rechtsanwältin)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), Fontana Food AB

By order of 15 June 2022, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi should bear its own costs.

---
# C_2023134EN.01001201.xml

| 17.4.2023 | EN | Official Journal of the European Union | C 134/12 |
| --- | --- | --- | --- |

17.4.2023

EN

Official Journal of the European Union

C 134/12

---

Judgment of the General Court of 1 March 2023 — Romedor Pharma v EUIPO — Perfect Care Distribution (PERFECT FARMA CERVIRON)

(Case T-36/22) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark PERFECT FARMA CERVIRON - Non-registered earlier national trade mark CERVIRON - Relative grounds for invalidity - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001))

(2023/C 134/15)

Language of the case: Romanian

Parties

Applicant: Romedor Pharma SRL (Focşani, Romania) (represented by: E.-M. Dicu, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Manea ad E. Markakis, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Perfect Care Distribution SRL (Bucharest, Romania) (represented by: R. Pop, lawyer)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 November 2021 (Case R 522/2021-2).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Romedor Pharma SRL to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO); |
| --- | --- |

2.

Orders Romedor Pharma SRL to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

| 3. | Orders Perfect Care Distribution SRL to bear its own costs. |
| --- | --- |

3.

Orders Perfect Care Distribution SRL to bear its own costs.

---

(1)  OJ C 138, 28.3.2022.

---
##### 



EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL
OFFICER

PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002


The undersigned, being the Chief Financial
Officer of Archstone-Smith Operating Trust, a Maryland real
estate investment trust (the Issuer), hereby
certifies, that the Annual Report on Form 10-K (the
Annual Report) of the Issuer for the year ended
December 31, 2003, which accompanies this certification,
fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 (15 U.S.C.
§78m(a)) and that the information contained in the Annual
Report fairly presents, in all material respects, the financial
condition and results of operations of the Issuer.

|                    |  |                                                                                                                                
|------------------- |  | -------------------------------------------------------------------------------------------------------------------------------
|                   
|Date: March 5, 2004 |  | /s/ CHARLES E. MUELLER
    -----------------------------------------------
    Charles E. Mueller, Jr., Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                      16,964,898
<SECURITIES>                                         0
<RECEIVABLES>                                  453,883
<ALLOWANCES>                                         0
<INVENTORY>                                    408,000
<CURRENT-ASSETS>                            18,880,080
<PP&E>                                       9,260,582
<DEPRECIATION>                                 696,607
<TOTAL-ASSETS>                              49,932,840
<CURRENT-LIABILITIES>                        1,126,707
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,244,749
<OTHER-SE>                                  46,542,394
<TOTAL-LIABILITY-AND-EQUITY>                49,932,840
<SALES>                                              0
<TOTAL-REVENUES>                               172,818
<CGS>                                                0
<TOTAL-COSTS>                                  931,255
<OTHER-EXPENSES>                             3,169,480
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,587
<INCOME-PRETAX>                            (5,675,064)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,675,064)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,675,064)
<EPS-PRIMARY>                                    (.25)
<EPS-DILUTED>                                        0
        

</TABLE>
# C_2022207EN.01001101.xml

| 23.5.2022 | EN | Official Journal of the European Union | C 207/11 |
| --- | --- | --- | --- |

23.5.2022

EN

Official Journal of the European Union

C 207/11

---

Appeal brought on 10 January 2022 by Sanford LP against the judgment of the General Court (Fifth Chamber) delivered on 10 November 2021 in Case T-443/20, Sanford v EUIPO — Avery Zweckform (Labels)

(Case C-19/22 P)

(2022/C 207/15)

Language of the case: English

Parties

Appellant: Sanford LP (represented by: J. Zecher, Rechtsanwalt)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), Avery Zweckform GmbH

By order of 6 April 2022, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Sanford LP should bear its own costs.

---
#### Jose Jaime IBARRA-MORALES, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 14-71842

United States Court of Appeals, Ninth Circuit.

Submitted December 18, 2017 *

Filed December 20, 2017

James Todd Bennett, El Cerrito, CA, for Petitioner

Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Kristin Moresi, Trial Attorney, OIL, John D. Williams, Esquire, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

Before; WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Jose Jaime Ibarra-Morales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to terminate. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims. *Roman-Suaste v. Holder,*766 F.3d 1035, 1038 (9th Cir. 2014). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Ibarra-Morales’s contention that his judgment of conviction is facially invalid, because this claim functions as an impermissible collateral attack upon his state court conviction. *See Ramirez-Villalpando v. Holder,*645 F.3d 1035, 1041 (9th Cir. 2011) (holding that petitioner could not collaterally attack his state court conviction on a petition for review of a BIA decision).

Contrary to Ibarra-Morales’ contention, the BIA did not mischaracterize his motion to terminate as a collateral attack on his state court conviction or ignore or misapply relevant law. Accordingly, Ibarra-Mor-ales has failed to show the agency violated due process. *See Lata v. INS,*204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and substantial prejudice to prevail on a due process claim).

*864PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS
EXTRACTED FROM ITEM 1 OF FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 1999, FOR
THE YEAR-TO-DATE, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           1,552
<SECURITIES>                                    21,437
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,359
<PP&E>                                          17,110
<DEPRECIATION>                                   7,463
<TOTAL-ASSETS>                                  35,669
<CURRENT-LIABILITIES>                            7,906
<BONDS>                                              0
<PREFERRED-MANDATORY>                            9,487
<PREFERRED>                                          0
<COMMON>                                            61
<OTHER-SE>                                      18,267
<TOTAL-LIABILITY-AND-EQUITY>                    35,669
<SALES>                                              0
<TOTAL-REVENUES>                                13,833
<CGS>                                                0
<TOTAL-COSTS>                                   21,851
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (8,018)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (8,018)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (8,018)
<EPS-BASIC>                                      (.33)
<EPS-DILUTED>                                    (.33)


</TABLE>
EXHIBIT 10.1


[Medtronic Letterhead]


 


March 21, 2014


 


Greg Fluet, Chief Executive Officer


Urologix, Inc.


14405 21st Avenue North


Minneapolis MN 55447


	Re: 	Past due amounts under License Agreement dated September 6, 2011, as amended June 28, 2013 (the “License Agreement”). Capitalized terms used in this letter have the meaning given in the License Agreement.


 


Dear Greg:


As you are aware, payments due to Medtronic from Urologix in respect
of Earned Royalties in the amount of $650,000 and a License Maintenance Fee of $65,000, plus applicable interest, are now several
months overdue. I am writing to acknowledge the fact that you are continuing to make efforts to turn the Urologix business around.
However, notwithstanding the foregoing, I am sending you this letter as a formal reservation of any rights that Medtronic may have
in respect of the above-described past due amounts, under the License Agreement, under the promissory note dated June 28, 2013
and/or under the other agreements between Medtronic and Urologix. In short, nothing Medtronic has done or refrained from doing
in respect of the above-described past due amounts should be construed as a waiver or other relinquishment of those rights.


It is also our expectation that, while amounts owed to Medtronic
are past due, Urologix will not draw down any funds under its line of credit with Silicon Valley Bank without prior approval from
Medtronic. Please sign and return a copy of this letter to confirm your agreement with the foregoing sentence by the close of business
of Monday, March 24.


Please keep me posted as to your continuing efforts to turn around
Urologix’s business and to make good on Urologix’s obligations to Medtronic.


Sincerely,


/s/  Chad Martison


Chad Martinson


VP of Finance and Business Development, Medtronic Neuromodulation


 









 


Medtronic, Inc.


March 21, 2014


Page 2


I confirm and agree that Urologix will not, without prior approval
from Medtronic, draw down any funds under its line of credit with Silicon Valley Bank while amounts owed to Medtronic are past
due.


UROLOGIX, INC.


 


 


By: /s/ Gregory J. Fluet                                


Greg Fluet, Chief Executive Officer


Date: March 21, 2014
Exhibit 10.1 


 


SERVICES AGREEMENT EXTENSION AGREEMENT



 


This Services Agreement
Extension Agreement (this “Agreement”) is entered into by and between VirtualScopics, Inc., a Delaware corporation
with its principal office at 500 Linden Oaks, Rochester, NY 14625 (the “Company”), and Converse & Company,
a New Jersey corporation with its principal office at P.O. Box 15, Mechanicsville, PA 18934 (the “Service Provider”).


 


WITNESSETH


 


WHEREAS, the
Company wishes to extend the Term of that certain Services Agreement, dated October 25, 2013 (the “Services
Agreement”), entered into by and between the Company and the Service Provider, which would otherwise expire on April 18,
2014; and


 


WHEREAS, the
Company’s Board of Directors and Compensation Committee have determined that it would be to the advantage and in the best
interest of the Company and its shareholders to extend the Term of the Services Agreement as set forth in this Agreement. Capitalized
terms not otherwise defined herein shall have meanings as set forth in Services Agreement.


 


NOW, THEREFORE,
in consideration of the promises and mutual agreements and undertakings set forth herein, and with the intention to be bound hereby,
the parties hereto agree as follows:


 


		1.	Extension of the Term of the Services Agreement



 


		1.1	Section 3.1 of the Services Agreement is hereby amended so that the Term of the Services Agreement
is extended for an additional three months, and the Term shall therefore expire on July 18, 2014, unless further extended pursuant
to the terms and conditions of the Services Agreement.



 


		1.2	Except as specifically set forth herein to the contrary, all other terms and conditions of the
Services Agreement shall remain in full force and effect. This Agreement shall be attached to and become a part of the Services
Agreement. From and after the date hereof, references to the Services Agreement shall mean the Services Agreement as amended by
this Agreement.



 


		1.3	This Agreement may be executed in two or more counterparts, each of which shall be deemed to be
an original and all of which together shall be deemed to be one and the same instrument, notwithstanding that both parties are
not signatories to the original or same counterpart.



 


[SIGNATURE PAGE FOLLOWS]


 






    	 



    	 



    

 





[SIGNATURE PAGE TO SERVICES AGREEMENT
EXTENSION AGREEMENT]


 


IN WITNESS WHEREOF,
the parties have caused this Agreement to be executed by their duly authorized representatives.


 





	VIRTUALSCOPICS, INC.	CONVERSE & COMPANY
	By:	/s/ Terence A.
    Walts                   	By:	/s/ Eric Timothy
    Converse                  
	 	Terence A. Walts	 	Eric Timothy Converse
	 	Chairman, Compensation Committee of the Board of Directors	 	 
	 	 	 	 
	Dated:  March 21, 2014 	Dated:  March 23, 2014 







 


Acknowledged and Agreed:


 


	/s/
Eric Timothy Converse                              
	Eric Timothy Converse	Dated:  March 23, 2014
**
**EXHIBIT 32.1**

**CERTIFICATION**

**Pursuantto 18 U.S.C Section 1350 as Adopted Pursuant to Section 906**

**Of the Sarbanes-Oxley Act of 2002**

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersignedofficers of Rand Capital Corporation (the “Company”), does hereby certify, to such officer’s knowledge, that: 

The AnnualReport on Form 10-K for the year ended December 31, 2022 (the “Form 10-K”) of the Company fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 
Dated: March 10, 2023     */s/  Daniel P. Penberthy*   Daniel P. Penberthy, Chief Executive Officer and President   (Chief Executive Officer)Dated: March 10, 2023     */s/  Margaret W. Brechtel*   Margaret W. Brechtel, Executive Vice President, Chief Financial Officer and Treasurer   ( Chief Financial Officer)**