alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019172EN.01001901.xml

| 20.5.2019 | EN | Official Journal of the European Union | C 172/19 |
| --- | --- | --- | --- |

20.5.2019

EN

Official Journal of the European Union

C 172/19

---

Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz (Austria) lodged on 4 March 2019 — NK v Ms and AS

(Case C-208/19)

(2019/C 172/22)

Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen Graz

Parties to the main proceedings

Applicant: NK

Defendants: Ms and AS

Questions referred

| 1. | Is a contract between an architect and a consumer, according to which the architect is required (only) to carry out the planning for the construction of a new single-family house, including the preparation of plans, a contract ‘for the construction of new buildings’ within the meaning of Article 3(3)(f) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council? (1) |
| --- | --- |

1.

Is a contract between an architect and a consumer, according to which the architect is required (only) to carry out the planning for the construction of a new single-family house, including the preparation of plans, a contract ‘for the construction of new buildings’ within the meaning of Article 3(3)(f) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council? (1)

| 2. | If Question 1 is answered in the negative:
  Is a contract between an architect and a consumer, according to which the architect is required to carry out the planning for the construction of a new single-family house in accordance with the specifications and wishes of his clients and, in this context, is required to draw up plans, a contract for the supply of ‘goods made to the consumer’s specifications or clearly personalised’ within the meaning of Article 16(c) and Article 2(3) and (4) of Directive 2011/83? |
| --- | --- |

2.

If Question 1 is answered in the negative:

Is a contract between an architect and a consumer, according to which the architect is required to carry out the planning for the construction of a new single-family house in accordance with the specifications and wishes of his clients and, in this context, is required to draw up plans, a contract for the supply of ‘goods made to the consumer’s specifications or clearly personalised’ within the meaning of Article 16(c) and Article 2(3) and (4) of Directive 2011/83?

---

(1)  OJ 2011 L 304, p. 64.

---
UNITED STATES


AMENDMENT
No. 3


Agreement No. 10081902


between


Natcore Solar Technology, Inc.


and


William Marsh Rice University


RECITALS


	
  

 	
  

 	
  

 
	
  

 	
 A.

 	
 The Parties entered into sponsored research
 agreement no. 10081902 on September 1, 2009;

 
	
  

 
	
  

 	
 B.

 	
 The Parties wish to amend their sponsored research
 agreement to extend the period of performance at no additional cost,

 



Now, therefore, the Parties agree as follows:


The Period of Performance is extended through November
30, 2012.


All
other terms and conditions remain unchanged and in full force and effect.


	
  
 	
  
 	
  
 	
  
 	
  
 	
  
 
	
 AGREED:
 	
  
 	
  
 	
  
 
	
  
 	
  
 	
  
 	
  
 
	
 NATCORE SOLAR TECHNOLOGY, INC.
 	
  
 	
 WILLIAM MARSH RICE UNIVERSITY
 	
  
 
	
 By:
 	
 
 	
  
 	
 By:
 	
 
 	
  
 
	
  
 	  	
  
 	
  
 	  	
  
 
	 	Charles Provini
 	 	 	Nila Bhakuni, Interim Director 
	 
	 	President
 	 	 	Office of Sponsored Research
 	 
	 	 	 	 	 	 
	
 Date:
 	
 5-10-2012
 	
  
 	
 Date:
 	
 5-11-12
# C_2019383EN.01003601.xml

| 11.11.2019 | EN | Official Journal of the European Union | C 383/36 |
| --- | --- | --- | --- |

11.11.2019

EN

Official Journal of the European Union

C 383/36

---

Appeal brought on 30 January 2019 by João Miguel Barata against the judgment of the General Court (Second Chamber) delivered on 20 November 2018 in Case T-854/16: Barata v Parliament

(Case C-71/19 P)

(2019/C 383/40)

Language of the case: English

Parties

Appellant: João Miguel Barata (represented by G. Pandey and D. Rovetta, avocats, and by J. Grayston, Solicitor)

Other party to the proceedings: European Parliament

By order of 26 September 2019 the Court of Justice (Ninth Chamber) held that the appeal is dismissed as being in part manifestly inadmissible and in part manifestly unfounded and that Mr João Miguel Barata shall bear his own costs.

---
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-40717

TIMOTHY SCOTT HARRIMAN,

Plaintiff - Appellant,

v.

RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL 

JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION; FRANK HOKE; 

JOHN BECRAFT,

Defendants - Appellees.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:13-CV-357

Before KING, DAVIS, and ELROD, Circuit Judges.

PER CURIAM:*

Timothy Scott Harriman, Texas prisoner # 677187, seeks leave to appeal 

in forma pauperis (IFP). He filed a 42 U.S.C. § 1983 action alleging that he 

was denied access to the courts due to deficiencies in a prison law library. The 

district court dismissed his action as frivolous, denied leave to appeal IFP, and 

certified that the appeal was not taken in good faith. 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 26, 2013

Lyle W. Cayce

Clerk

 

 Case: 13-40717 Document: 00512454063 Page: 1 Date Filed: 11/26/2013
No. 13-40717

By moving to proceed IFP, Harriman challenges the district court’s 

certification that his appeal is not in good faith. See Baugh v. Taylor, 117 F.3d 

197, 202 (5th Cir. 1997). Our inquiry “is limited to whether the appeal involves 

legal points arguable on their merits (and therefore not frivolous).” Howard v. 

King, 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation 

omitted).

The closest Harriman comes to addressing the district court’s reason for 

dismissing his action—a lack of actual harm—is a bare assertion that he was 

unable to learn of the limitation period for filing a 28 U.S.C. § 2254 petition 

because the defendants “concealed” some law books behind the counter to 

prevent prisoners from tearing out pages. He does not even suggest that the 

materials were not available for the asking. In addition, Harriman has never 

identified a non-frivolous claim that he might have raised at any time but for 

the alleged deprivation of legal materials. See Christopher v. Harbury, 536 

U.S. 403, 415 (2002) (requiring a prisoner to set forth some non-frivolous 

underlying claim that was lost because of the defendants’ wrongful actions).

Accordingly, the motion for IFP status is DENIED, and the appeal is 

DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n. 24; 5TH CIR. R. 

42.2.

This frivolous appeal earns Harriman a “strike” under 28 U.S.C. 

§ 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 385–87 (5th Cir. 1996). 

The district court’s dismissal as frivolous was also a strike. See id. Harriman 

is warned that if he accumulates one more strike by bringing another frivolous 

action or appeal, he will not be allowed to proceed IFP in any civil action while 

incarcerated or detained unless he is in imminent danger of serious physical 

injury. See § 1915(g).

2

 Case: 13-40717 Document: 00512454063 Page: 2 Date Filed: 11/26/2013
#### ROSE F. PACHELLA, PLAINTIFF-PETITIONER, v. ROGERS TRAILER PARK, *ET AL.,*DEFENDANTS-RESPONDENTS.

*Mr. Arthur A. Donigian*for the petitioner.

*Mr. Charles L.*Bertini, *Mr. Alfred*W. *Kiefer*and *Messrs. Huclcin Huclcin*for the respondents.

May 4, 1960.

Denied.
# L_2009295DE.01002001.xml

| 12.11.2009 | DE | Amtsblatt der Europäischen Union | L 295/20 |
| --- | --- | --- | --- |

12.11.2009

DE

Amtsblatt der Europäischen Union

L 295/20

---

Berichtigung der Verordnung (EG) Nr. 1254/2008 der Kommission vom 15. Dezember 2008 zur Änderung der Verordnung (EG) Nr. 889/2008 mit Durchführungsvorschriften zur Verordnung (EG) Nr. 834/2007des Rates über die ökologische/biologische Produktion und die Kennzeichnung von ökologischen/biologischen Erzeugnissen hinsichtlich der ökologischen/biologischen Produktion, Kennzeichnung und Kontrolle

(
  Amtsblatt der Europäischen Union L 337 vom 16. Dezember 2008
  )

Amtsblatt der Europäischen Union L 337 vom 16. Dezember 2008

Seite 81, Artikel 1 Nummer 5 in Bezug auf Artikel 46a Absatz 1 der Verordnung (EG) Nr. 889/2008:

anstatt:

„die Beteiligten“

muss es heißen:

„die Unternehmer“.

Seite 82, Anhang, Nummer 1, in Bezug auf den Titel von Anhang VIII der Verordnung (EG) Nr. 889/2008:

anstatt:

muss es heißen:

Seite 82, Anhang, Nummer 2, in Bezug auf den Titel von Anhang VIII Abschnitt C der Verordnung (EG) Nr. 889/2008:

anstatt:

„VERARBEITUNGSHILFEN“

muss es heißen:

„VERARBEITUNGSHILFSSTOFFE“.

Seite 82, Anhang, Nummer 2, in Bezug auf Anhang VIII Abschnitt C der Verordnung (EG) Nr. 889/2008, in Spalte 4 der Überschriftzeile der Tabelle:

anstatt:

„Besondere Bedingungen“

muss es heißen:

„Anwendungsbedingungen“.

Seite 82, Anhang, Nummer 2, in Bezug auf Anhang VIII Abschnitt C der Verordnung (EG) Nr. 889/2008, in Zeile 1, Spalte 1 der Tabelle:

anstatt:

„Kalziumchlorid“

muss es heißen:

„Calciumchlorid“.

Seite 82, Anhang, Nummer 2, in Bezug auf Anhang VIII Abschnitt C der Verordnung (EG) Nr. 889/2008, in Zeile 8, Spalte 1 der Tabelle:

anstatt:

„Natriumkarbonat“

muss es heißen:

„Natriumcarbonat“.

---
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**Exhibit 99.1**

 

**CERTIFICATION PURSUANT TO****18 U.S.C. SECTION 1350,****AS ADOPTED PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connectionwith the Annual Report of Nucotec, Inc. (the “Company”) on Form 10-KSB for theperiod ending December 31, 2002 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Earl T. Shannon, President ofthe Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| /s/ Earl T.  Shannon        |   |
|-----------------------------|--------|
| Earl T.  Shannon, President |
| March 31,  2003             |

 

----
Exhibit 13a
  
 CERTIFICATION PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 In connection with the annual report on Form 20-F of LiveReel Media Corporation for the year ended June 30, 2013, as filed with the Securities and Exchange Commission, I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 1.  The annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
 
 2.  The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the registrant.
 
 
 Date:  October 25, 2013
 
 
 /s/ Michael Wekerle
 Michael Wekerle
 Chief Executive Officer
 
 
 
 A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
 
 
 
 Exhibit 13a
  
 CERTIFICATION PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the annual report on Form 20-F of LiveReel Media Corporation. for the year ended June 30, 2013, as filed with the Securities and Exchange Commission, I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
 
 1.  The annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
 
 2.  The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the registrant.
 
 
 Date:  October 25, 2013
 
 /s/ Henry Kneis
 Henry Kneis
 Chief Financial Officer
 
 
 
 A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-16-00022-CV

Kenneth H. TARR,

Appellant

v.

TIMBERWOOD PARK OWNERS ASSOCIATION INC.,

Appellee

From the County Court at Law No. 3, Bexar County, Texas

Trial Court No. 2014CV02779

Honorable David J. Rodriguez, Judge Presiding

BEFORE JUSTICE ANGELINI, JUSTICE BARNARD, AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the trial court’s judgment is modified 

to delete those parts of the judgment that grant injunctive relief. The trial court’s judgment is 

AFFIRMED AS MODIFIED. Costs of appeal are taxed against Kenneth H. Tarr.

Kenneth H. Tarr’s Motion to Strike Portions of Appellee’s Brief is DENIED.

SIGNED November 16, 2016.

_____________________________

Karen Angelini, Justice
Exhibit 23.1

INDEPENDENT AUDITORS' CONSENT

The
Board of Directors
Regal Entertainment Group:

We
consent to the incorporation by reference in the registration statement (No. 333-87958) on Form S-8 of Regal Entertainment Group of our report dated January 24, 2003 with
respect to the consolidated balance sheet of Regal Entertainment Group and subsidiaries as of December 26, 2002 and the combined balance sheets of Regal Entertainment Group (a combination of
certain theatre interests of Anschutz) as of January 3, 2002, and the related statements of operations, stockholders' equity and parent's investment, and cash flows for the year ended
December 26, 2002 and the period under common control (March 1, 2001 to January 3, 2002), which report appears in the December 26, 2002 annual report on Form 10-K of
Regal Entertainment Group.

As
described in Note 2 to the consolidated financial statements, in 2002 the Company changed its method of accounting for goodwill and other intangible assets.

/s/
KPMG LLP

Nashville,
Tennessee
January 24, 2003

---

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###### Department of Commerce

###### Patent and Trademark Office

          - [Docket No.: PTO-P-2021-0032]

# AGENCY:

United States Patent and Trademark Office, Department of Commerce.

# ACTION:

Request for information; correction.

# SUMMARY:

                        The United States Patent and Trademark Office (USPTO) published a document in the                         **Federal Register**                         of July 9, 2021 requesting public comments on the current state of patent eligibility jurisprudence in the United States. This notice corrects the section of the document that identifies the individual who may be contacted for information regarding the request.                    

# FOR FURTHER INFORMATION CONTACT:

                        Courtney Stopp, USPTO, Office of Policy and International Affairs, at                         *Courtney.Stopp@uspto.gov*                         or 571-272-9300.                    

# SUPPLEMENTARY INFORMATION:

## Correction

                    In the                     **Federal Register**                     of July 9, 2021, in FR Doc. 2021-14628, on page 36258, in the first column, correct the information provided under the caption                     **FOR FURTHER INFORMATION CONTACT**                     to read:                

# FOR FURTHER INFORMATION CONTACT:

                        Courtney Stopp, USPTO, Office of Policy and International Affairs, at                         *Courtney.Stopp@uspto.gov*                         or 571-272-9300. Please direct media inquiries to the USPTO's Office of the Chief Communications Officer at 571-272-8400.                    

Andrew Hirshfeld,

Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

[FR Doc. 2021-15010 Filed 7-14-21; 8:45 am]

BILLING CODE 3510-16-P
Exhibit 32.2
                                  ------------

                      Statement of Chief Financial Officer
         Pursuant to Section 1350 of Title 18 of the United States Code


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Henry P. Herms,  the Vice  President - Finance  and Chief  Financial  Officer of
CopyTele, Inc., hereby certifies that:

          1.   The  Company's  Form 10-Q  Quarterly  Report for the period ended
               July 31, 2009 (the "Report") fully complies with the requirements
               of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
               and

          2.   The information  contained in the Report fairly presents,  in all
               material  respects,   the  financial  condition  and  results  of
               operations of the Company.


                                        /s/ Henry P. Herms
                                          ---------------------------------
                                        Henry P. Herms
                                        Vice President - Finance and
September 9, 2009                       Chief Financial Officer