The Butterfly Network IQ+ system [Image courtesy of Butterfly Network]Butterfly Network (NYSE: BFLY) announced today that it asked a federal judge in Delaware to dismiss Fujifilm Sonosite’s patent infringement lawsuit against the handheld ultrasound creator.
Fujifilm Sonosite (Bothell, Washington) filed the lawsuit in the U.S. District Court for the District of Delaware in March. The suit claims infringement of seven patents (U.S. Patent Nos. 7,169,108; 7,867,168; 8,128,050; 8,861,822; 9,538,985; 6,901,157; and 8,360,981) involving fundamental technologies for acquiring ultrasound images at the point of care with portable handheld systems.
Guilford, Connecticut–based Butterfly Network said today that the lawsuit lacks merit and that it will mount a vigorous defense that will include consideration of “all means necessary and appropriate to eliminate obstacles to its mission to enable more informed clinical decisions for all patients worldwide.”
“We’re disappointed that Fujifilm Sonosite chose this approach. We believe this litigation is an attempt by Fujifilm Sonosite to distract from its failure to innovate and keep pace with Butterfly’s next-generation clinical assessment platform,” Butterfly SVP and Chief Legal Officer Larry Weiss said. “Our state-of-the-art technology is the result of years of innovation and is evidenced by our more than 800 patents and applications. We will continue to vigorously protect both our innovations and our intellectual property.”
This appears to be a clutch moment for Butterfly Network, with the company announcing last week that it would reduce its workforce by a tenth to help it realize efficiencies and better focus on its commercial organization and R&D. Many medtech companies are reporting macroeconomic headwinds, but Butterfly Network is sticking by its projection of full-year revenues between $83 million and $88 million.
Civil rights activist Al Sharpton is locked in a nasty dispute with his landlord over the Harlem building where his National Action Network headquarters are located, The Post has learned.
The landlord/developer — Lenox By the Bridge LLC — has served a legal notice on Sharpton and NAN over rental payments and the lease at the building occupied by the social justice organization at 145th Street near Lenox Avenue, sources said.
“We are working with NAN and Rev. Sharpton to resolve whatever issues we need to address and will have no further comment,” Christopher Cobb, the lawyer for Lenox By the Bridge, told The Post.
Sharpton insisted that NAN is paid up on its rent and said the spat involves talks over whether the organization will renew the lease — and how much will be charged per square foot — or move elsewhere.
“It’s about the extension of the lease. We don’t owe rent to anybody,” he told The Post.
“I’m not aware of this at all. If there is some kind of disconnect, I’m not aware of it at all.”
The organization’s most recent charitable 990 tax-exempt report filed with the IRS earlier this year for calendar year 2020 showed it had $3.8 million in available cash on hand.
Sharpton insisted that NAN is paid up on its rent for the Harlem headquarters.Kevin C. Downs
NAN’s lawyer, Michael Hardy, later confirmed a “notice has been served” against NAN by the landlord over grievances he declined to specify.
He said lawyers for both sides are meeting to resolve the dispute in a “professional manner.”
Relations between Sharpton and Lenox By the Bridge — whose partnership includes businessman Bruce Teitelbaum who served as a top aide to former Mayor Rudy Giuliani — soured after a planned redevelopment project the landlord proposed for the location stalled amid political and community opposition, sources said.
The project included a civil rights museum Sharpton wanted that would have been built above new offices occupied by NAN — whose existing space was going to be bulldozed — in one of the two new towers erected at the site.
Bruce Teitelbaum, right, shown with Francesca Beale, has a partnership with Lenox By the Bridge.Patrick McMullan via Getty Image
But the deal fell through amid opposition that the project didn’t include enough affordable or subsidized housing for the area. Sharpton, seeing the opposition, also backed away, sources said.
A longtime Sharpton associate said relations between the preacher and the landlord-developer are strained.
“They don’t get along. The landlord has not been kind to the National Action Network,” the Sharpton associate claimed.
A “notice has been served” against NAN by the landlord over grievances he declined to specify.Kevin C. Downs
“There’s disappointment that the project fell apart. Sharpton was looking forward to his museum opening and it didn’t come through.”
Sharpton himself suggested that any gripes with the landlord are tied to its failed re-development project.
Another source familiar with the dispute said picking a fight with Sharpton is not going to help Lenox By the Bridge win the support necessary to revive its development project.
“Bruce and the project needs every and all relevant relationships with stakeholders required to get this over the finish line: The councilmember, the city council speaker [Adrienne Adams], Rev. Al and the community. But a project where you have none of that is DOA,” the source said.
'Different arena': The former Auburn All-American brings 15 seasons of NFL playing experience to his new role
Takeo Spikes debuted on SEC Network during SEC Media Days
AUBURN, Ala. – Takeo Spikes prepared for his SEC Network debut with the same intensity he displayed when getting ready for games during his 15-yearr NFL career.
Three-a-days, starting at 5 a.m. Studying video and reading everything he could find on SEC personnel, nearly 100 hours of preparation during a 10-day crash course in Southeastern Conference football.
"I had to get caught up," said Spikes, who first appeared on the network during 2022 SEC Media Days in Atlanta.
In addition to his All-Pro status and credentials as a 2015 SEC Legend and member of the Alabama Sports Hall of Fame, Spikes brings plenty of broadcasting expertise to his new job, having covered the NFL for Fox Sports Southwest and analyzed ACC games.
"I've always had my eye on the SEC Network," Spikes said. "To me, this is the epitome of excellence when you talk about a collegiate athlete playing football. It gets no better than this."
After his daily SEC Network appearances during media days, Spikes critiqued his broadcasting performance, just as he did during his playing days.
"I do it every night because that's the only way you're going to get better," he said. "Same formula when I played the game. Different arena.
"I'm pleased but I'm not satisfied. I know it's only going to get better, especially when you can take names and actually see them play. I can't wait to continue to grow. This is what I do. I love telling stories, I love sharing my experiences."
Twenty-five years earlier, Spikes represented Auburn at 1997 SEC Media Days prior to earning All-America honors while leading Auburn to its first SEC Championship Game appearance before getting picked in the first round of the 1998 NFL Draft.
"Seeing the magnitude of what media days has grown into compared to back in 1997, it was in Birmingham and was nothing like this," he said. "You've got guys wearing tailored suits. I love it!"
Sharp dressed: Takeo Spikes with Auburn standouts Tank Bigsby, Derick Hall and John Samuel Shenker at SEC Media Days
It's been a quarter century since Takeo Spikes played for the Tigers, but his passion for Auburn remains fervent, as fans who've seen his 2018 hype video can attest.
"I don't know if we're going to win the SEC," said Spikes, switching pronouns to better project the neutrality and objectivity required from broadcasters covering all 14 SEC teams instead of one. "What I do know is not only are they going to give their all, but I do believe we will play some inspired football this year and you will see guys out there on the football field who really want to be there."
Takeo the broadcaster resembles Takeo the linebacker. When fans tune into the SEC Network, they won't have to wonder where Spikes stands.
"What I'm going to bring to the analysis is bold, energetic and a thoughtfulness to where I'm going to call it like I see it," he said. "I'm a high-energy guy. That's the way I do everything in life.
"I would say to all the viewers, when you tune in and you hear me talk, be prepared for bold analysis. Be prepared to be engaged, and it's definitely going to be entertaining."
Takeo Spikes (middle) with Auburn's Bryan Harsin on SEC Network during 2022 SEC Media Days
Sen. Kyrsten Sinema, D-Ariz., and Sen. Joe Manchin, D-W.Va., board an elevator after a private meeting between the two of them on Capitol Hill on Thursday, Sept. 30, 2021 in Washington, DC.
Jabin Botsford | The Washington Post | Getty Images
The political network backed by billionaire Charles Koch launched an ad blitz targeting Sens. Joe Manchin and Kyrsten Sinema to get the moderate Democrats to block a massive spending-and-tax package that's advancing in the Senate.
The bill, known as the Inflation Reduction Act of 2022, promises to raise $739 billion in new revenue — mostly by setting a minimum corporate tax rate and making changes to Medicare drug pricing — to help pay for $433 billion in climate and health initiatives.
The legislation is a pared-down version of President Joe Biden's Build Back Better plan, which failed earlier this year after Manchin and Sinema opposed key elements of the bill. The legislation has a renewed chance of passing after Manchin reached a deal last week on a smaller tax-and-spending package with Senate Majority Leader Chuck Schumer, D-N.Y. It represents one of the most important pieces of legislation for Democrats as they fight to hold on to the Senate with the November midterms just under 100 days away. Manchin and Sinema, who are both up for reelection in 2024, represent key votes in the Senate, with the chamber split 50-50.
Americans for Prosperity, which is part of the larger Koch network, launched two ads on Saturday on its Facebook, Twitter and YouTube pages. The ads specifically call out the two senators, encouraging them to oppose the legislation. "Senator Manchin can stop it. Come on, Joe ... Say NO for West Virginia," the Manchin-focused ad says. The Sinema ad has an almost identical look, stating "Senator Sinema can stop it. Come on, Kyrsten ... Say NO for Arizona."
Each ad calls the bill a "$739 billion tax hike that will raise prices & make American energy more expensive." The Koch-backed group's posts on their media platforms link to an online messaging portal from which supporters can call on lawmakers to oppose the legislation.
Facebook's ad archive shows the spots were playing in Manchin and Sinema's respective states of West Virginia and Arizona, as well as in Washington, D.C.
Bill Riggs, a spokesman for Americans for Prosperity, told CNBC in an email on Monday that the ad campaign targeting the reconciliation bill is a six-figure buy on digital platforms and connected TV. He said the group is planning to expand this week to calling out Democrat Sens. Raphael Warnock, D-Ga., Catherine Cortez Masto, D-Nev., and Maggie Hassan, D-N.H. All three are up for reelection in November in states that are expected to be competitive.
The Stand Together Chamber of Commerce, which was founded by Charles Koch, contributed $40 million to Americans for Prosperity in 2020, according to the group's latest financial disclosure. Koch is also the CEO of the massive conglomerate known as Koch Industries, which owns multiple energy subsidiaries.
Manchin has said this bill isn't a spending package and doesn't raise taxes but instead is more focused on investing money. Sinema has yet to publicly comment on the bill.
Representatives for Manchin and Sinema did not return requests for comment.
The West Virginia lawmaker reached a deal with Schumer last week on the massive reconciliation package that aims to reform the tax code, fight climate change and cut health care costs for consumers. The bill, if passed, would impose a 15% corporate minimum tax and close the carried interest loophole that allows hedge fund managers and private equity partners to pay lower taxes.
Still, for both lawmakers, this is the latest attempt by an outside group with ties to corporate executives to try to sway their vote. The Koch network has targeted both Sinema and Manchin throughout the 2022 election cycle. Americans for Prosperity leaders previously called on their grassroots supporters to push Manchin to oppose some of his party's legislative priorities.
Corporations and their executives have also poured money into Manchin and Sinema's reelection campaigns. Manchin's campaign raised over $1 million over the past three months, which included contributions from several energy companies, including Coterra Energy, NextEra Energy and Xcel Energy.
Federal Election Commission records show Sinema' s campaign also received donations from chemical company Dow Inc., pharmaceutical giant Eli Lilly and telecom behemoth Verizon, among other corporations, over the same time frame.
The nonprofit that runs the organ transplant network in the United States has out-of-date technology and has never been fully audited by the federal government, according to a confidential report obtained by TheWashington Post.
The United Network for Organ Sharing (UNOS) has two responsibilities: running the logistical system powering organ transplants and deciding how to prioritize organ distribution. The draft report, which was compiled by the White House’s US Digital Service in January 2021, recommended separating out those two elements under two different contracts,The Washington Post says.
UNOS gets around $6.5 million each year from the Health Resources and Services Administration (HRSA), which oversees the transplant system. But HRSA does not have technical expertise and has little power to push the network to improve its systems, according to the report.
TheWashington Posthighlighted a few glaring technical deficiencies in the report:
The UNOS computer system has crashed for a total of 17 days since 1999. Once, it was down for three hours — a worrying amount of time because organs can start breaking down and become nonviable for transplant in only four hours.
UNOS runs most of its systems out of a local data center rather than a cloud computing system, which would improve its performance.
It requires manual data entry.
UNOS has never allowed government officials to see the full code behind the system, which the organization says is a trade secret.
Lawmakers are alarmed by security weaknesses in the UNOS systems, according to a letter from senators to the Department of Homeland Security seen by The Washington Post. There are no cybersecurity requirements for UNOS, they said. The Senate Finance Committee will hold a hearing on the US organ system on Wednesday, and UNOS chief executive officer Brian Shepard is scheduled to testify.
Shepard told The Washington Post that the Department of Health and Human Services audits the system each year, that the report was still a draft, and that “the transplant system is secure and effective.”
UNOS is the only group to ever hold the contract to run organ transplants in the United States. The contract is likely to be up for bid in 2023, according to The Washington Post.
HRSA told The Washington Post it was “committed to using all available tools to modernize the Organ Procurement and Transplantation Network, including leveraging the upcoming contracting process to increase accountability.”
The Big Ten Network and Volleyball World, today announced a groundbreaking, multi-year distribution partnership that will enhance the promotion and coverage of the nation's foremost volleyball conference across the globe. As part of the agreement, 70+ Big Ten volleyball matches will appear on VolleyballWorld.tv.
VolleyballWorld.tv will offer its subscribers the following content from Big Ten Network:
Live streaming of nearly 50 televised Big Ten Network volleyball matches outside of North America and certain Caribbean islands
Access to 28 matches from B1G+ inventory - those matches will also air concurrently on B1G+
"At The Net," the Big Ten Network's multiplatform, behind-the-scenes look at the personalities and programs across the conference, will be made available on Volleyballworld.tv
"Volleyball World's emerging platform provides an excellent opportunity to deliver elite-level volleyball content to new and existing fans," said Michael Calderon, Senior Vice President, Programming and Digital Media at BTN. "Since launching last year, Volleyball World has established itself as the premier destination for the international volleyball community and we are excited for the role Big Ten volleyball can play in the growth of the game."
Minnesota Volleyball Coach and New Zealand native Hugh McCutcheon shared his thoughts on the new partnership.
"As a current coach in the Big Ten and the former President of the FIVB Technical and Coaching Commission, I could not be more excited about this incredibly important collaboration," said McCutcheon. "The Big Ten Network and Volleyball World understand the importance of growing our game and, to that end, providing volleyball fans from around the world the opportunity to watch B1G volleyball on this global platform is truly phenomenal."
Launched in February of 2021, Volleyball World is a partnership between the FIVB and the CVC Capital Partners aimed at driving growth, innovation, and investment in volleyball around the globe. Volleyball World's goal is to create an integrated ecosystem connecting all volleyball stakeholders together through both digital and live events.
Finn Taylor, Volleyball World CEO, said: "Our partnership with the Big Ten Network represents a next step in our continued mission of connecting volleyball fans in the US and around the world to the sport they love."
"The Big Ten Conference is the most competitive volleyball competition in North America and we are excited to bring these matches to fans each week. Adding Big Ten matches to our rapidly growing portfolio of the world's best volleyball, shows our continued commitment to growing the visibility of the sport and giving our audience a unique opportunity to watch the stars of the future develop in front millions watching on Volleyball World."
The complete schedule of events on the Big Ten Network, B1G+ and VolleyballWorld.tv will be announced in due course.
About Volleyball World
Volleyball World is a new partnership between the FIVB and the CVC Capital Partners aimed at driving growth, innovation, and investment in volleyball around the globe. Its goal is to create an integrated ecosystem connecting all volleyball stakeholders (fans, athletes, corporate partners) together through both digital and live events. Volleyball World is responsible for the commercial operation of key volleyball and beach volleyball international events, including: the World Championships, Volleyball Nations League, Olympic Qualifiers and Beach Pro Tour.
About The Big Ten Network
A joint venture between the Big Ten Conference and Fox Networks, Big Ten Network is the first internationally distributed network dedicated to covering one of the premier collegiate conferences in the country. With more than 1,700 events across all platforms, the 24/7 network is the ultimate destination for Big Ten fans and alumni across the country, allowing them to see their favorite teams, regardless of where they live. The Fox Sports App is the digital extension of the Big Ten Network, delivering live games and on-demand programming to Big Ten Network customers via the web, smartphones, and tablets. Network events include football, men's and women's basketball games, dozens of Big Ten Olympic sports and championship events, studio shows and classic games. B1G+ is the subscription streaming service for thousands of live non-televised games, next day on-demand archives, 14 school channels programmed 24 hours a day and access to Big Ten Network's library of previous season classics and original programming. Original programming highlights activities and accomplishments of some of the nation's finest universities, including the Emmy-nominated The Journey. The network is carried by all the major video distributors across the United State and Canada, such as DIRECTV, DISH, Verizon FiOS, AT&T U-Verse, Charter Spectrum, Xfinity, Altice USA, Cox Contour TV, Mediacom, RCN, WOW!, and approximately 300 additional video providers across North America. Big Ten Network is also available through the majority of streaming providers, including DIRECTV Stream, fuboTV, Hulu + Live TV, Sling TV, Vidgo and YouTube TV. For additional information, please visit www.btn.com.