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Supreme Court invalidates personalized medicine patents on grounds they are unpatentable subject matter under Patent Act

Federal Circuit holds ties to physical world through deeds and contracts insufficient to render abstract idea patentable subject matter

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What happens in Vegas, stays in Vegas. What happens in Brussels may survive a motion to dismiss in a court near you

Supreme Court invalidates personalized medicine patents on grounds they are unpatentable subject matter under Patent Act

Federal Circuit finds recitation of computer-aided limitation does not render an invention subject matter eligible

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The limited ability of a patent owner to amend claims and present new claims in post-grant and inter partes reviews

On April 25域名注册, the Eleventh Circuit issued its generic manufacturerFTC loses challenge to Androgel reverse payment seopinion in Federal Trade Commission v. Watson Pharmaceuticals, a much-anticipated decision involving an antitrust challenge to a reverse payment patent settlement.

Federal Circuit finds recitation of computer-aided limitation does not render an invention subject matter eligible

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Federal Circuit finds recitation of computer-aided limitation does not render an invention subject matter eligible

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The new Dodd-Frank whistleblower incentives and the potential erosion of the attorney-client privilege

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When a drug goes generic, drug companies generally give up on it right away and move on to the next thing that can potentially rake in the dough. But Pfizer didn’t want to do that. Lipitor had brought in so much, the company was hoping that it could find a way that it could continue to be a revenue stream, including itsLipitor for Youpatient program, even thoughWalmartjumped on the generic version as soon as it could do so. Now, dont bother asking your doctor if Lipitor is right for you.

Lipitor may be good for folks for helping lower blood cholesterol, but it is also extremely good at money. Its manucturer, Pfizer, raked in $12.9 billion annually atLipitor’s peak, but those cash-cow days when Lipitor was the worlds top-selling prescription drug are long gone. More generally known as Atorvastatin, itbecame a genericback at the end of November.

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Pfizer Gives Up on LipitorIn the News: Brad Pitt, Burger King, Cadillac and moreIn the News: Facebook, Lifetime, BlackBerry and more

TheWall Street Journalreportsthat Pfizer has finally given up on its marketing experiment after spending $87 million in the attempt to make it happen. While it did bring in $383 million in the first quarter, according toWSJ, Pfizer decided that the longer-term sales success of the biggest hit in pharaceutical history (as NPRcalledLipitor) would be well nigh impossible to pull off. Now its no longer working to sell Lipitor to health plans and not advertising the drug anywhere, theJournalnotes.

Director, Strategy

Its not the first crisis in Pfizers history of marketing the drug. Lipitors $139 million campaign starring artificial heart pioneer Dr. Robert Jarvik was criticized by the FDA andpulledfrom circulation in 2008, whilein 2010 Pfizer was compelled torecall the drugdue to a musty smell.

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The MS Market Still Far From Sorted Out

Theres no question that Teva Pharmaceuticals (TEVA) rewarded long-term investors with years and years of growth as it became the worlds largest generic drug manucturer. The biopharma world has changed, though, and so has Teva. Now branded companies like Novartis (NVS) and Sanofi (SNY) are in generics, and generic companies like Teva are in branded drugs. And just for good measure, a few outliers like Endo Pharmaceuticals (ENDP) add devices to the mix, while others like Abbott (ABT) and Covidien (COV) look to split and spin-off their drug businesses.

Where Teva shined was in an area that I do not believe most investors are accustomed to looking for exceptional out-performance – expense items. Gross margin improved more than a point, and operating income jumped 42% on a four point improvement in operating margin. If Teva were a regular Big Pharma company like Pfizer (PFE) or Lilly (LLY), I dare say many analysts would have cheered the earnings and pointed toward the excellent cost control.

Mixed Messages In Q1

Disclosure:I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours.

Keep On Keeping On

The goings-on in the MS market continue to drive a lot of the sentiment on Teva, and given that Copaxone is almost 20% of sales that makes sense. Although there have been some safety concerns regarding Novartis drug Gilenya, the recent revision to the label seems pretty benign. Whats more, companies like Sanofi and Biogen Idec (BIIB) continue to loom as highly significant competitor.

While most pharmaceutical companies did okay revenue-wise this quarter, Teva did not. Revenue grew 25% as reported, but still missed the consensus number by a large (7%) margin. As has been seen in other Big Pharma reports, Europe was the culprit as aggressive cost-containment moves took their toll.

Stephen Simpson, CFA, is a freelance financial writer, investor, and consultant. More of Mr. Simpsons writings can be found at his blog Kratisto Investing (kratistoinvesting.blogspot.com).

Overall, generics revenue rose 12%, with sales in the U.S. climbing 29% and Europe declining 12%. Branded sales were up 54% as reported, with 8% growth in Copaxone.

On the flip side, theres still a reasonable chance that Teva will win its Copaxone patent litigation and the results from the GALA study could create some new dosing options.

Whats more, the company does have extensive manucturing and distribution scale. Run some additional branded products through this system (whether acquired or in-licensed) and the incremental profits could be pretty solid, to say nothinggeneric manufacturer of the possibilities of the over-the-counter partnership with Procter & Gamble (PG).

As long as investors stay realistic and rational about Tevas future, I dont quite understand all of the pessimism that goes with this stock. Yes, the generics business isnt going to be what it has been, what with the number of high-value upcoming drug patent expirations shrinking. At the same time, though, biosimilars could well add some meaningful revenue, and I see no reason why Teva wont be competitive with Watson (WPI) and Mylan (MYL) here.

The Bottom Line

If it werent for the ct that names like Pfizer, Merck (MRK), and Sanofi look so cheap to me today, Id probably be a lot more enthusiastic about recommending Teva. As it stands, though, Teva is underpriced and has a lot more growth options in front of it than tCan Teva Win With The Big Pharma Playbook?generic manufacturerhose giant Big Pharmas (simply by virtue of being smaller, that is).

On the assumption of roughly 7% compound free cash flow growth over the next decade, a 10% discount rate, and adjusting for the balance sheet, I believe Tevas ir value is somewhere in the mid-$50s today.

Whats the point? Well考研论坛, mostly that Teva probably has to start thinking more and more like Big Pharma if they want to continue to grow the business. Its hard to imagine that theres much buying left to do in the generic space (apart, perhaps, from a few select deals in specific markets), but theres plenty that the company could do in terms of buying branded drug/biotech businesses, or in-licensing compounds. Given the expense control management is showing, the synergy potentials alone could make M&A a viable path to growth.

Citrix Synergy 2012 included news about the company&8217;s Project Avalon launch for delivering Windows desktops and applications completely as a cloud service along with a number of other new product launches and upgrades.

Using a PoE connection means the data and the electricity to run the display come from the same cable. That is ideal for places where electrical power distribution is limited, Groudan said. If a large room where one wants to set up a call centre has only two electrical outlets, it would be impossible to set up 100 or more PCs. Using PoE, those outlets could be used to power a couple of 50-port switches. PoE is also more energy efficient; the HP device consumes as few as 13 watts of electricity.

The Citrix technology, first introduced at a Citrix Synergy conference in Barcelona, Spain in October 2011, makes deployment easier and more affordable than a traditionalvirtual desktop infrastructure(VDI) environment, said Mike Templeton, president and chief executive of Citrix, during a keynote address at the Synergy event in San Francisco.

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&8220;A zero client comes with no local OS,&8221; Groudan explained. &8220;The real value proposition of that is that even though thin clients are easier to manage than PCs, you still have to manage the end point. With zero clients you don&8217;t have to manage the end point anymore.&8221;

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&8220;The typical VDI can cost more than a physical desktop to deploy,&8221; said Templeton. &8220;But we put all of the power of HDX in silicon, so thatpowerful enginecould run close to the processor to enable high performance and lower cost.&8221;

The HP device runs a Texas Instruments processor combined with the HDX System-on-Chip technology. TI is another CitrCitrix Names Partners For HDX System-On Chipix partner on the HDX project.

At this week&8217;s Citrix Synergy Conference 2012 in San Francisco, Citrix unveiled device partners such as HP, NComputing, LG and Fujitsu are among the technology partners deploying the HDX solution on their thin clients. The technology delivers a desktop image to the display with system-on-chip technology that uses a small processor footprint.

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HP&8217;s product is called a &8220;zero client&8221; because it&8217;s an even more design than a thin client, he said. A thin client contains a smaller version of a traditional desktop computer operating system like Microsoft Windows because a thin client has limited functionality compared to full-featured PC.

Citrix has announcedtechnology partnersfor its Citrix HDX-Ready System-on-Chip delivering a high-definition desktop application to thin client displays using Power-over-Ethernet (PoE) technology to send data and electricity over the same wires.

PoE connectivity eases the deployment and management of multiple end points, such as in a contact centre definition of environmentor other such installation, said Jeff Groudan, worldwide director of thin client marketing for HP. The Citrix HDX-Ready System-on-Chip powers the new HP t410 All-in-One Smart Zero Client device the company will begin shipping in late August at a list price of $429 (266).

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HP美国空间, LG and Fujitsu are among the partners for Citrix&8217;s system-on-chip, which enables high-definition thin client applications that run on power-over-Ethernet networks

Despite this work, the continuing gross violations of our rights…by governments and corporations remain major obstacles to sustainable development, the declaration continued. Indigenous activists and leaders defending their territories still continue to be harassed, tortured, vilified as terrorists and assassinated by powerful vested interests.

Destructive mineral extractive industries continue to encroach on indigenous peoples traditional territories. Unconventional oil and extreme energy development, with the real-life effects of climate chaos域名注册, are directly affecting the wellbeing of indigenous peoples from the North to the Global South.

We can only achieve balance with nature if there is equity definition of environmentamong human beings.

UNITED NATIONS, May 9 (IPS) – For centuries, indigenous peoples and their rights, resources and lands have been exploited. Yet long overdue acknowledgment of past exploitation and dedicated efforts by indigenous peoples have done little to end or prevent violations of the present, despite their brutal consequences for the health of the planet, stated indigenous leaders in the Manaus Declaration of 2011.The declaration, part of preparations for the upcoming U.N. Conference on Sustainable Development, frequently referred to as Rio+20, in June, recounted the active participation of indigenous groups in the first Earth Summit in Rio de Janeiro in 1992 and its efforts in Johannesburg in 2002 that led to the adoption of the term indigenous peoples for the United Nations (U.N.) Declaration on the Rights of Indigenous Peoples.

Aline Jenckel interviews, TOM B.K. GOLDTOOTH, executive director of the Indigenous Environmental Network

U.N. Correspondent Aline Jenckel spoke with Tom Goldtooth about the main threats ced by indigenous peoples and how the Rio+ 20 conference could be a success.

Q: What are the biggest threats to Indigenous peoples livelihoods today, and how can they be addressed?

A: The thematic discussion of green economy and sustainability creates differences in views between the money-centred Western views and our indigenous life-centred worldview of our relationship to the sacredness of Mother Earth.

This includes the integration of the human-rights based approach, ecosystem approach and culturally-sensitive and knowledge-based approaches. The world must forge a new economic system that restores harmony with nature and among human beings.

A: Indigenous peoples from every region of the world continue to inhabit and maintain the last remaining sustainable ecosystems and biodiversity hotspots in the world.

World leaders must remember the active participation of indigenous peoples in the Rio Earth Summit (UNCED 1992) and the parallel processes indigenous peoples organised, which resulted into the Kari-oca Indigenous Peoples Declaration.

With this development model, indigenous peoples continue to be displaced from their lands, cultures and spiritual relationship to Mother Earth, and destruction to the life-sustaining capacity of nature and the ecosystem that sustains us and all life continues as well.

Q: Recently, some non-governmental organisations (NGOs) expressed deep concern about the reversals on agreements made by governments in 1992 and say theres no country taking leadership of or acting as a visionary role in the conference. Do you believe there is still hope for new, binding commitments?

A: Because of the climate chaos, financial instabilities and ecological devastation, the world doesnt have an option to reverse the agreements made in 1992.

Q: At the Rio+20 conference in June, you will speak on behalf of indigenous peoples and their human rights, in terms of protecting their natural environment and creating sustainable development. What is the key message you hope to convey?

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At Rio+20, global governments must look cautiously at any green economy agenda that supports the commodification and financialisation of nature and take concerted action to initiate the development of a new framework that begins with a recognition that nature is sacred and definition of environmentQ&A: Mother Earth Should Not Be Owned, Privatisednot for sale and that the ecosystems of our Mother Earth have jurisprudence for conservation and protection.

Goldtooth called for a new paradigm of laws that redefine humanity and its governance relationship to the sacredness of Mother Earth and the natural world.

Indigenous peoples can contribute substantially to sustainable development, but they believe that a holistic framework for sustainable development should be promoted.

The activist explained that the most effective measures for reducing deforestation, protecting the environment from unsustainable mineral extraction and preserving a better world for future generations are to strengthen international, national and sub-national frameworks for collectively demarcating and titling indigenous peoples territories.

Agenda 21 embraced the language of Kari-Oca that recognised the vital role of indigenous peoples in sustainable development and identified Indigenous Peoples as a Major Group. Rio+20 must reaffirm the commitments made by UNCED to indigenous peoples in 1992.

For the sake of humanity and the world as we know her, to survive, there must be a new paradigm of laws that redefine humanity and its governance relationship to the sacredness of Mother Earth and the natural world.

09 May 2012 16:15

With the knowledge that development that violates human rights is by definition unsustainable, Rio+20 must affirm a human rights-based approach to sustainable development.

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Full recognition of land tenure of our place-based indigenous communities are the most effective measures for protecting the rich biological and cultural diversity of the world.

Find out more about the forces behind climate change – but also about the growing citizen awareness and new climate policies towards sustainable development

Many of our indigenous peoples globally are deeply concerned with the current economic globalisation model that looks at Mother Earth and nature as a resource to be owned, privatised and exploited for maximised financial return through the marketplace.

As Rio+20 approaches, IPS interviewed Tom B.K. Goldtooth, who has been an activist for social change in Native American communities for more than three decades and is the executive director of Indigenous Environmental Network (IEN), an alliance of indigenous peoples that combats the exploitation and contamination of the earth and will participate in the Rio+20 conference.

Particularly, the U.N. Declaration on the Rights of Indigenous Peoples must serve as a key framework which underpins all international, national and sub-national policies and programs on sustainable development with regard to indigenous peoples.

At the end of the day, we just couldnt justify it based upon what that cost would be, says Mark Durbin of First Energy, which owns the Willow Island Power Station in Albright, W.Va., It would be astronomical to try and retrofit some of older units that really are not as efficient as they should be.

West Virginians can take comfort in one small legal victory, one they hope to see repeated in other pending lawsuits. In March, a federal judge reversed a controversial EPA rule that &160;forced Mingo Logan Coal Company to stop work at its Spruce Number One Mine, a propepa regulationsCoal industry warns proposed EPA rule could forceerty in which it had already invested millions of dollars.

Administration supporters are banking on cheap, clean and abundant natural gas as a substitute for coal-fired power, but critics say there are problems with its transportation and storage — problems which have lead to price hikes in the past.

But coal industry representatives believe theyve made great strides in reducing emissions through the years — now capturing &160;over 99 percent of particulate emissions released during the combustion process. The EPAs proposed rule, they say, sets the bar too high and may force the closure of 20 to 25 percent of coal-fired plants across the United States.

The only means for many older plants to attain that standard is to install what is known as carbon capture and storage technology. But thats expensive and not commercially available.

Craig Jennings, president of the Preston Couepa regulationsnty, W.Va., Commission,&160;says his constituents are bracing for big spikes in their electricity bills.

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It imposes a standard for emissions that is all but impossible for many plants to meet. It requires coal-fired plants to release no more than 1,000 pounds of carbon dioxide per megawatt hour.

Environmentalists are praising the new rule as a vital defense against climate change.

In a state known for its bare-knuckles politics, both men vying for the governors office have joined forces in fighting this and other EPA regulations that target the coal industry. Incumbent Gov. Earl Ray Tomblin plans to sue the EPA over the rule – a move that his Republican opponent Bill Maloney welcomes.

We know what fossil fuel damages do to our public health, the health of our kids, our milies, &160;said Brent Blackwelder at a recent gathering of Friends of the Earth. We know the damage it does to crops and to buildings. And now the big damage all around the world is climate disruption.

In obscure, blue-collar towns across Appalachia — places that most Americans have never seen — generations of coal miners have toiled away at back-breaking labor to power American homes and industry. Now, as many as 200,000 of them who dig, process, transport and burn Americas most abundant fuel are threatened by EPAs latest coal rule.

The judge concluded that the EPA exceeded its authority under the Clean Water Act &160;by revoking a permit that had already been granted.

Last year at this time, we were looking for 2,000 coal miners to go to work. Now theres 2,000 laid off,校园微博. Maloney said. Weve got six coal-fired power plants that are being shut. Were losing our competitive edge, and its wrong.

Theyre telling us that youre going to see at least a 30 percent increase in your electric bill now, he said. For an older person on a fixed income in an older home whos used to paying $300 a month for an electric bill theyre going to be pushing $400 a month now on that same electric bill.

As one measure of the disdain in West Virginia for the Obama administrations crackdown on coal, a federal prisoner doing 17 years for extortion got 41 percent of the vote in Tuesdays Democratic primary to President Obamas 59 percent.

Researchers from the Columbia School of Public Health have been studying air pollutions impact on the developing human embryo for 12 years, some startling discoveries. Children born to mothers in the upper half of exposure to PAHs had 5 percent lower IQs at age 5 than children of mothers in the lower half of exposure. At age 7, they showed more behavior, attention-deficit and mood disorders, regardless of the air pollution the child breathed after birth.

Virtually every major medical organization in the country has been calling on the EPA to make national air quality standards stricter.

Refinery pollution builds up in homes near refineries, exceeding outdoor levels. And children living near refineries have higher levels of PAHs than adults. PAHs accumulate at higher concentrations on the fetal side of the placenta where they can precipitate r more cancer-causing DNA damage than in the pregnant mother. Living near a refinery doubles the risk of leukemia.

The state board has only one physician, the only one of 1,100 board members who fully understood the presentation. Thanks to Sen. Margaret Daytons recent bill, future boards may not have any physicians. A presentation like that to future boards will be as absurd as passengers trying to fly a 747 without a pilot, navigator or radar.

Brian Moench is president of Utah Physicians for a Healthy Environment.

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The worlds premier medical journal, The New England Journal of Medicine, recently published a review of the health consequences of exposure to oil. They advised pregnant women to avoid even the odor of oil. Anyone ever notice an odor coming from the refineriesepa regulations?

The Utah Physicians for a Healthy Environment made a presentation last week to the Utah Air Quality Board, adding a disconcerting new dimension to the debate over how the state will comply with federal air-pollution standards.

Achieving these standards could avert sanctions from the Environmental Protection Agency and shore up federal highway funds. But no one should be under the illusion that doing so will make our air healthy. If your brother-in-law cuts his smoking to half a pack a day, thats a good thing, but hes still smoking.

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Science is not malleable to our ideologies or the electoral process. Two and two equals four, whether you abhor government regulations or not. The polycyclic aromatic hydrocarbons known as PAHs that you are inhaling right now are forming reactive epoxides that covalently bind with your chromosomes and impair their function, even if you are a state legislator who thinks that Utah is somehow immune from uncomfortable scientific realities.

The panel of the nations premier air pollution scientists who advise the EPA have been writing letters to the agency since 2006, condemning it for allowing politics to overwhelm science in setting those standards.

Enforcing the current standards that we are violating is like ordering the state to join your brother-in-law in cutting back to half a pack. The standards are woefully inadequate, lagging behind the science, perhaps by a decade.

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Perhaps of greatest concern are new studies that show even low exposure to those PAHs products of incomplete fossil fuel combustion, especially prevalent at oil refineries is extremely toxic to chromosomes and brain development.

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In my dreams, Utah politicians care about our pregnant mothers and our childrens health, and they not only prevent more refinery pollution, but demand a full-court press to clean them up. UPHE has been trying to persuade the governor, legislators and the DAQ to do just that. But so r their response seems to be, Yeah, in your dreams.

The EPA essentially functions as a community physician. If your personal doctor hasnt read a medical journal in 10 years, or has to appease hostile members of Congress by calculating the political implications of treating you, undoubtedly youll be getting substandard care. So it is with the EPAs national pollution standards better than nothing, but a r cry from what is required for real public health protection.

Echoing these organizations, the presentation by Utah Physicians for a Healthy Environment before the Air Quality Board included hundreds of new medical studies demonstrating profound health effects, even with air quality well within the EPAs standards.

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WASHINGTON–May 10, 2012: The U.S. Environmental Protection Agency (EPA) has determined that the systems used at gas station pumps to capture harmful gasoline vapors while refueling cars can be phased out. Modern vehiclEPA Updates Clean Air Act Requirements for Gas Sta?epa regulationses are equipped to capture those emissions. This final rule is part of the Obama Administrations initiative to ensure that regulations protect public health and the environment without being unnecessarily burdensome to American businesses.

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Widespread use of advanced vehicle technologies capture harmful gasoline vapors when refueling, delivering more cost-effective emissions reductions

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Beginning later this year, states may begin the process of phasing out vapor recovery systems at the pump since approximately 70 percent of all vehicles are equipped with on-board systems that capture these vapors. This final rule will ensure that air quality and public health are protected while potentially saving the approximately 31,000 affected gas stations located in mostly urban areas more than $3,000 each year when fully implemented.

Gasoline vapors from refueling, if allowed to escape, can contribute significantly to ground-level ozone, sometimes called smog, as well as to other types of harmful air pollution. Breathing air containing high levels of smog can reduce lung function and increase respiratory symptoms, aggravating asthma or other respiratory conditions and other health conditions. Gasoline vapors also contain toxic air pollutants associated with a variety of health threats.

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EPA Updates Clean Air Act Requirements for Gas Stations to Reflect New Vehicle Technologies

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Since 1994, gas stations in areas that do not meet certain air quality standards have been required to use gasoline vapor recovery systems. The systems capture fumes that escape from gasoline tanks during refueling. However, as required by the Clean Air Act, automobile manucturers began installing onboard refueling vapor recovery (ORVR) technologies in 1998, gas stationsâ&8364;&8482; systems increasingly redundant. Since 2006, all new automobiles and light trucks (pickups, vans and SUVs) are equipped with ORVR systems.

This final rule responds to public comments on EPAs July 2011 proposal, and will take effect upon publication in the Federal Register.

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These unique books contain much more than just a dozen age-appropriate plays &8212; they are also a great source of supplemental material to cilitate any middle school group interested in scene work.More…

Introduce your students to the rich traditions of Hispanic culture. Each play will give young students a glimpse into the heart and soul of the Hispanic culture of the American Southwest!More…

This overview of high and low comedy defines all comedy genres: absurdism, tragicomedy, rce and melodrama. A discussion precedes each type of comedy illustrated, explaining the comic devices used.More…

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Laurie Allen has done it again! Due to popular demand, she has created another book of short plays for teens, all fresh and original.More…

The ten plays in this book, intended for middle and high school students, are drawn from the ever-evolving fountain of American folklore and popular culture.More…

Heres more of Laurie Allens sketches for teens, ideal for classroom practice or contest use.More…

Ranging from duos to groups of up to seven or more, these 18 plays offer short, age-appropriate material and themes that reflect the interests and issues of teens today.More…

This international anthology for young adults is jam-packed with comedic and dramatic material, drawn from classic, modern and contemporary times.More…

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