>> no your honor think what this court has done as to fair use is de novo review. there was a de novo case this court set explicitly that it was not sending it back to the district court to resolve anything, that this court could decide quote an appellate court may conclude as a matter of law that the challenged use does not qualify as fair use. once it has the factual record and resolves all factual subsidiary factual questions of the factfinder there were numerous disputes and harper including how you weigh various factors in questions like the value of news reporting and original derivative work rights. i grant you that a lot of mix questions are more factual that the stability of the judicial review provides an essential fair use because it has constitutional implications. >> counsel? >> counsel your beginning elstatement you had the sky falling if you are in favor of google. the problem with that argument for me is that it seems since 1992 is just as kagan mentioned the case of the second circuit case and that circuit case the 11th circuit case in the first ci

according to novo artist one and a half years after treatment 40 percent of patients like me. still have cancer. that's a start but could it be better. those made of course with the drug i'm currently on had a 20 percent chance of success. in the south was good there were days when i thought that's it as he gets older and he knew i could only hope my final hours would go quickly told us it's done i didn't want my family to have to watch forever does that mean for me to be a never ending with a work out committee and i didn't want to lie around like a vegetable and drugs all strogatz with the. shook musique of the dog. about a dozen cancer patients cannot be treated due to the price dispute critics might claim the health insurers are at fault with terminally ill patients running out of time and dying while negotiations my gone with no heart to see your there's this level of need i thought of but that's not the case we all share the responsibility because we have yet to find a solution to this all around less than ideal situation policy so. mikhail monch times family has scraped

price current all for $200000.00 or infusion in 2019 using the assumptions using the assumption that novo artists were generated total of $1700.00 patients infusions out of 14. out of 14000 potentially. goes on we can actually drop that price it can be reduced to about half of 370000 francs the fair price is calculated in such a way that no bar to sit chiefs an average operating profit of 20.7 percent the research cost averaging at 17.3 percent are also included in this calculation the health insurer associates. there's also demanding a price of 200000 francs for him right. i've looked at the document you sammy the document is full of incorrect information they came with the correct information i cannot give you that and i am up i cannot comment on it because it is not ardent da our data is not our document the criticism on the farm are not just novartis but on the pharmacy in transparency is growing worldwide we hear it we age o.b. hear it with the health insurers with the public because the public is the payer. are you afraid that this will damage the image of nobodies. are not afraid o

when they saved the ultimate expression of fair use will be decided the novo. the federal circuit made the point they deemed the jury verdict advisory and said we will take it from here. that is not appropriate. it is impossible to unpack the findings they are relying on. i want to point out how many times mr. rosenkrantz is contradicting the jury's evidence. saying theyrmer ceo were never licensed or sold separately from the language. in contrast to his assertion that ibm was paying for. mr. rosenkrantz says they see.anted java the expert says android has not superseded java as the. they say the declarations were so important to the developers using oracle's product but at j the the former ceo says strategy is that we agree on the apis. we share them and we compete on implementations. the evidence at the trial is certainly sufficient to reasonably conclude there was fair use. justice roberts: thank you. mr. rosenkrantz, mr. stewart, thank you. the case is submitted. we will now take a five minute break. >> >> vice president mike pence and senator kamala harris

this is de novo hearing.n you feel it should not be granted that is within the board's hands this evening. >> question from president lazarus. >> along those same lines. i believe you said that without the variances they would have the opportunity to build an even larger building on the buildable envelope. am i correct? >> we haven't analyzed any such proposal but it does appear based on the location of the rear building and relationship to where the setback would be for the rear yard they could push off closer to the front. i don't know the size exactly. that would have more impact on the property than the proposal here which is new building to the front. there is a court to match that open space on their lot. we haven't analyzed that. i am basing this on my review from the plans. the alternative that could result in a large building, not larger but a large building. >> it would not require variances? >> right the front edge of the rear building is within the buildable area. they can push the wall forward no

traffic and now expects to operate at around 35% of its capacity in q4 and shares are down about 3% novo nordisk posted third quarter sales growth of 2% driven by higher demand for its drugs. the ceo says the firm is seeing a gradual recovery in patients initiating diabetes treatment and reiterated its full year outlook, but there is a bit of a pull back as well, down about 1.5% >> julianna, that nk you very much in the u.s., crossing a pair of grim milestones. leslie picker has more on that and the morning's other top stories. >> good morning. that's right, the u.s. has now reported 9 million coronavirus cases, this is after this country saw a new single day record of infections, 80,622, that marks the first time the u.s. had crossed an 80,000 case threshold since the start of the pandemic and the third time in a week that daily case record was broken minnesota, ohio, kansas, south dakota, all also set records for new cases. and stimulus talks between nancy pelosi and steven mnuchin have stalled once again mnuchin is accusing pelosi of pulling a political stunt after she said that she h

according to novo arches one and a half years after treatment 40 percent of patients like me. still have cancer. that's a start up but could it be better. those made of course but the drug i'm currently on had a 20 percent chance of success. in the south was good there were days when i thought least that's it as he gets older. i could only hope my final hours would go quickly told us this done i didn't want my family to have to watch forever this out and for me to be a never ending with a work out committee and i didn't want to lie around like a vegetable and drugs to work through and still cook amusing. about a dozen cancer patients cannot be treated due to the price dispute critics might claim the health insurers are at fault with terminally ill patients running out of time and dying while negotiations my gone with no bar to see the full or there's a villain either thought of but that's not the case we all share the responsibility because we have yet to find a solution to this all around less than ideal situation fall is it not so. mikhail monch times family has scraped toge

we'll bring you more on that story as it comes in for novo let's move to france where vigils are being held in honor of 3 people killed on thursday in an attack on a church in nice the suspects is in custody investigators say he's from. and arrived in europe last month on these highland island of lampedusa a 2nd person has now been detains we'll have more on that in just a moment but 1st this reports from david chaytor in this. a place of worship now a crime scene inside not to don basilica the congregation had been praying when a man armed with a knife attacked them 3 people were killed one of the victims a woman was to capitated according to the police another victim was a churchwarden she be mostly but i still imagine him i still see him lighting the candles and now i'm thinking he's not there anymore. it's been a fluke that we are always with him he's always there he spends the day that he shares his life here he's not someone who comes and goes witnesses say the attacker shouted. during his attack he was shot by police near the church and is now being treated in hospital for his i

melania trump was born in 1970 in novo mesto, slovenia. >> seth: you're reading that off your phone >m like really melania trump. >> seth: you want me to believe you're the melania trump >> i am a melania trump, yes there are many of us, like the many santa clauses at different malls! do you not like christmas, seth? >> seth: i like christmas. do you >> [ bleep ] christmas see, i am melania trump. >> seth: well, i'm still skeptical, but that did sound like melania so why are you here? what is it that you wanted to say? >> i wanted to say this. hello. i'm definitely melania trump and with the election just days away, i'm here to ask suburban wives to vote for my husband, donald trump, who i married in 2005, and with whom i have one son, barron. >> seth: you had to flip the page to remember your son's name >> how many pages do you think donald would have to flip? >> seth: oh, fair. >> he calls him his tall son >> seth: very fair go on. >> despite what online research may suggest, i love my husband, and i trust that he is the man to "make america great again," which is still his slogan.

it is called novo coronavirus. we thought the worst we would have is like sars 17 years ago. human-to-human transmission? no, according to the official information at that time, it said there was no evidence of significant human—to—human transmission. the other fingers human—to—human transmission. the otherfingers on the human—to—human transmission. the other fingers on the ground, i have been a scientist working in this field for many years and you just don't fear it is as serious as it would be later. so i was there. i mean, the hosts invited me to a restau ra nt mean, the hosts invited me to a restaurant every night, crowded. and i used to go on the subway and i was in the hotel. 0nly i used to go on the subway and i was in the hotel. only on the early morning of the 18th when i left wuhan, the airport was fully guarded. you cannot go to your check—in, you have to line up one by one and you have to go through a thermometer temperature scanner three times. so that is where you start to realise the city and the authority is making sure that nobody leaves the city if they hav

suspend the rules and pass the bill h.r. 5572 be vacated to the end that the chair put the question de novo. the speaker pro tempore: is there objection? without objection, so ordered. the question is on the motion offered by the gentlewoman. will the house suspend the rules and pass the bill h.r. 5572 as amended. those in favor say aye. those opposed, no. 2/3 being in the affirmative, the rules are suspended this ebill is passed and without objection the motion to reconsider is laid upon the table. for what purpose does the gentlewoman, mrs. lowey, seek recognition? mrs. lowey: mr. speaker, pursuant to house resolution with i call up h.r. 925 the senate amendments thereto, and i have a motion at the desk. the speaker pro tempore: the clerk will report the title of the bill, designate the senate amendments and designate the motion. the clerk: h.r. 925, aen act to extend the authorization of appropriations for allocation teoscarry out approved wetlands conservation projects urn the north america wetlands conservation act through fiscal year 2024, senate amendment. mrs. lowey moves that the h