01.30.22

[Meme] The Next Stage of Unified Patent Court (UPC) and Unitary Patent

Posted in Courtroom, Deception, Europe, Law, Patents at 7:11 pm by Dr. Roy Schestowitz

Recent: Unified Patent Court is a Fake Common Court and Violates CJEU’s Jurisprudence of the Last 10 Years, Will Explode at launch, Says Professor Jaeger

PAP and UPCA
Provisional Application Period (PAP) commences illegally, led by Alexander Ramsay and his lies

Summary: Contrary to what Team UPC firms keep saying (aided by the EPO, run by their cronies, Benoît Battistelli and António Campinos), the UPCA isn’t legally tenable and UPC can therefore not commence; they’re totally faking it, hoping they won’t be obstructed if they start it illegally and convince companies to invest in an unconstitutional framework

Links 30/1/2022: Linux 5.17 RC2 and Lots on Patents

Posted in News Roundup at 6:47 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Linux Weekly Roundup #167

      We had a peaceful week in the world of Linux releases with the releases of Manjaro 21.2.2 and Bluestar Linux 5.16.2.

    • Desktop/Laptop

      • 486-linux

        A year or two ago, I came into posession of a 1993 Compaq Presario 425. It’s a Mac-ish all-in-one with a 14″ color (S?)VGA screen capable of 800×600 in full 256-color glory. On the inside it features a 25MHz i486SX (the sort without a floating-point unit), paired with 20MB of RAM – a significant upgrade over the stock 4MB. When I received it it had a nearly-dead 1.6GB hard drive[1] in it, which I replaced with a far overkill 150GB drive[2]. It also has a single 3.5″ floppy drive. On the back it has two PS/2 ports for keyboard and mouse input, serial and parallel ports, and two ports for the built-in modem. There is also what appears to be a sound card, along with a single 36-pin connector I don’t recognize.

      • 7 Best Linux Distros Based on KDE Plasma GUI to use in 2022

        The “KDE Community” is an international team that develops free and open-source software for both desktop PCs and mobile devices. The core product of KDE is currently the Plasma desktop environment for Linux and UNIX platforms. Also, offers Plasma for mobile devices.

        Apart from the beautiful desktop full of widgets, KDE offers hundreds of programs in many categories such as the Internet, multimedia, entertainment, education, graphics, and software development. KDE software is translated into more than 60 languages ​​and runs natively on Linux, BSD, Solaris, Windows, and Mac OS X. Nevertheless, many of the applications that can also be used under GNOME without any problems are released as “KDE Applications” every four months.

        The key reason to choose KDE Linux distros out of the box is better optimization and integration of the GUI.

      • This ‘Minimum Viable Computer’ Could Cost Just $15

        Computers used to be luxury devices that only the wealthy could afford, but now you can carry a phone in your pocket that’s many times more powerful than the computers that sent men to the moon. However, even the cheapest phones are still $50-100 thanks to the cost of licensing and cellular components. Developer Brian Benchoff wanted to see just how cheap a functional computer could be. He came up with the Minimum Viable Computer, a pocket-sized Linux box that could cost as little as $15.

        Depending on what you expect a computer to have in order to be “viable,” you might be pleasantly surprised or completely uninterested in the MVP. It uses a simple two-layer PCB, integrated with an Allwinner F1C100s system-on-a-chip. Its single CPU core is clocked at a mere 533MHz, but it does have support for running modern versions of Linux. Don’t expect a GUI, though. This is a purely command line affair, as envisioned by Benchoff. It can run scripts, ping remote servers, and power a variety of USB devices. Also, there’s a physical keyboard.

    • Audiocasts/Shows

    • Kernel Space

      • Linux 5.17-rc2
        nother week, another -rc.
        
        Nothing hugely surprising here - it's a bit on the bigger side for
        being an rc2, but maybe part of that is that there's a NFS client
        merge-window pull request that got merged late due to it having been
        marked as spam.
        
        But more likely it's just the usual random fluctuation, with no deeper reason.
        
        The stats are a bit unusual, with drivers being just a third of the
        patch. But that's hardly due to the nfs changes - they show up, but
        not nearly as much as all the arch updates. There's just a fair amount
        of random spread-out architecture fixes - kvm updates for both arm64
        and x86, but also misc perf event updates, powerpc and mips updates
        etc.
        
        The rest is random other noise - documentation, networking, tooling.
        The appended shortlog gives an overview of the details.
        
        Go forth and test, please,
        
                       Linus
        
      • Linux 5.17-rc2 Released – “A Bit On The Bigger Side”
      • AMD Publishes Latest Linux Patches For Enabling SEV-SNP Guest Support – Phoronix

        One of the additions with EPYC 7003 “Milan” processors introduced last year was SEV-SNP as the “Secure Nested Paging” addition to AMD’s Secure Encrypted Virtualization found with EPYC processors. While they have maintained an out-of-tree Linux source repository with the SEV-SNP patches, the mainline kernel is still lacking support for these latest security features but the code continues to undergo revisions and review for its eventual upstreaming.

        Over SEV and SEV-ES “Encrypted State” introduced with prior EPYC processors, SEV-SNP is able to offer greater integrity with replay protection, data corruption safeguards, and fend off a variety of other possible attacks to VMs.

      • AMD Cooking Up A “PAN” Feature That Can Help Boost Linux Performance

        The proposed PAN is Process Adaptive autoNUMA and is an adaptive algorithm calculating the AutoNUMA scan period. AMD’s Bharata B Rao further explained in the request for comments (RFC) Linux kernel patch series, “In this new approach (Process Adaptive autoNUMA or PAN), we gather NUMA fault stats at per-process level which allows for capturing the application behaviour better. In addition, the algorithm learns and adjusts the scan rate based on remote fault rate. By not sticking to a static threshold, the algorithm can respond better to different workload behaviours. Since the threads of a processes are already considered as a group, we add a bunch of metrics to the task’s [memory management] to track the various types of faults and derive the scan rate from them. The new per-process fault stats contribute only to the per-process scan period calculation, while the existing per-thread stats continue to contribute towards the numa_group stats which eventually determine the thresholds for migrating memory and threads across nodes.”

      • Enterprise Linux Security Episode 17 – Polkit & LUKS CVE’s

        The New Year is just beginning, and we already have a few important CVE’s to discuss, this time around Polkit and LUKS. The CVE numbers for these vulnerabilities are CVE-2021-4034 and CVE-2021-4122 respectively. In this episode, Jay and Joao discuss these vulnerabilities.

      • Intel

        • Intel’s Many Improvements In Linux 5.17 From Starting Raptor Lake Enablement To PFRUT – Phoronix

          While it shouldn’t be too surprising given Intel’s open-source track record, but with the in-development Linux 5.17 kernel are once again many prominent additions from new/future hardware support to enabling exciting features.

          Intel remains one of the top contributors to the Linux kernel not only when it comes to managing the code that enables their hardware support directly but continuing to oversee many other kernel features and their engineers maintaining various kernel subsystems for upstream. With Linux 5.17 their contributions vary from starting next-gen Raptor Lake (Alder Lake successor) enablement to the ongoing DG2/Alchemist discrete graphics bring-up to AMX for KVM guests to introducing PFRUT for run-time firmware updating of capable components.

        • Intel Arc Alchemist GPUs To Get Resizable BAR Support on Linux Platforms

          Back in 2020, Resizable BAR was all the buzz with both AMD & NVIDIA enabling support for the feature on their graphics cards but now, Intel has also confirmed to be adding support for the technology on their upcoming Arc Alchemist GPUs.

    • Instructionals/Technical

      • LHS: How to Install and Configure HAProxy on Ubuntu 20.04

        HAProxy or High Availability Proxy, is a well-known open-source TCP/HTTP load balancer and proxy solution which is able to handle a lot of traffic. HAProxy consumes a very low amount of memory, and it is commonly used to improve the performance of servers by distributing the workload across multiple servers to handle a large number of concurrent connections. If you have busy websites, you can install and configure HAProxy as the reverse proxy to your webservers.

        In this tutorial, we will show you how to install and configure HAProxy on Ubuntu 20.04, one of the most popular operating systems in the world.

      • How to Install Ghost on Ubuntu 20.04 | LinuxCloudVPS

        Ghost is a lightweight open-source blogging platform. The Ghost user interface is very simple and straightforward making it great for beginners as well as advanced users.

        In the following tutorial, we will show you all the requirements and instructions needed to install Ghost on Ubuntu 20.04 OS.

      • How to install MongoDB 5 on Rocky Linux – NextGenTips

        In this tutorial guide, we are going to learn how to install MongoDB 5.0 on Rocky Linux.

        MongoDB is an open-source NoSQL database that provides high throughput for data-driven applications. Unlike relational databases such as MySQL, Oracle, and SQL servers which store data in tables according to a rigid schema, MongoDB stores data in documents with flexible schema.

      • How to Disable Printing of Documents & Files in Ubuntu 20.04 /22.04 | UbuntuHandbook

        For security reason, user may disable printing of documents & files in Linux to prevent them from being photocopied and then shared. Here’s how to do the trick in Ubuntu or other Linux with GNOME desktop.

        NOTE: after running steps below ALL applications’ “Print” dialog will no longer accessible either via keyboard shortcut or menu button. Though, this ONLY affect the current user in system!

      • How to Root Your Android Device with Magisk

        Rooting your Android device is easier than ever before. There is a wealth of tools available to make the process as simple as possible, no matter what device you’re looking to root. Magisk is one such tool, and it really is easy to use.

        There are some other modifications that you’ll need to make first, though, in order to use Magisk on your device, mainly installing the TWRP custom recovery. That’s simple enough using Google’s ADB and Fastboot tools, and it provides you with a lot of additional functionality, like the ability to flash custom ROMs easily.

      • Slackware Cloud Server Series, Episode 3: Video Conferencing

        This is already the third episode in a series of articles I am writing about using Slackware as your private/personal ‘cloud server’. Time flies when you’re having fun.
        We’re still waiting for Slackware 15.0 and in the meantime, I thought I’d speed up the release of my article on Video Conferencing. My initial plan was to release one article per week after Slackware 15 had been made available. The latter still did not happen (unstuck in time again?) but then I realized, an article about Docker and another about Keykloak still won’t give you something tangible and productive to run and use. So here is Episode 3, a couple of days earlier than planned, to spend your lazy sunday on: create your own video conferencing platform.
        Episodes 4 and 5 won’t be far off, since I have already written those as well.

        Check out the list below which shows past, present and future episodes in the series, if the article has already been written you’ll be able to click on the subject.
        The first episode also contains an introduction with some more detail about what you can expect.

      • 2 ways to Install Unrar on Rocky Linux | AlmaLinux 8 – Linux Shout

        Learn the commands to install Unrar tool on AlmaLinux 8 and Rocky Linux 8 to uncompress or compress RAR archive format files using the terminal.

        Packing files into archives and reducing their size using compression algorithms is a common operation in the data processing. A basic distinction is made between archives and compressed files. An archive is an uncompressed container for files. This archive can be compressed using compression methods. However, there are a few formats that also include compression, such as RAR, gzip, bzip2, 7z, Brotli, and more…

        Well, Unrar is not available to use by default for AlmaLinux or Rocky Linux because it is not available to install using the base or APPstream repository. Then how will you extract RAR compressed files? For that, you can follow this tutorial.

      • How to unpack initrd/initramfs to view content in Linux – TREND OCEANS

        There may be a couple of reasons why you need to extract initramfs or initrd images. As of now, I want to fix my computer, which was not allowing me to use my laptop with the following error: “Failed to start VirtualBox Linux kernel module”.

        After diagnosing, it’s a clear error that it’s missing the Linux header. Although you know, we can install Linux headers using uname-r. However, the installer failed to install and threw the error message “Unable to locate.”

      • How to configure Logical Volume Manager or LVM with Ubuntu 21.04

        Welcome back! Here today we are going to learn how to configure LVM or Logical Volume Manager with Ubuntu 21.04. While working in the live production environment it’s very obvious to get out do space sometimes. For critical file systems like / or /etc, it will be complicated to expend if no Logical Volumes provisions are taken care of initially.

        What all Local Volumes do is that it create chunks of hard drives which are known to be logical volumes. Such volumes can be considered as slices of the hard drive. These slices can be added to the desired file system when required. For the production environment, it is recommended to keep Logical Volumes provisioning all the time.

    • Games

      • STAR WARS: Squadrons looks to be preparing anti-cheat for the Steam Deck | GamingOnLinux

        Red 5 standing by! How about a little more Star Wars on the go? It appears that MOTIVE and EA and getting ready for the Steam Deck release with tweaks to their anti-cheat.

        We don’t yet have confirmation of what’s happening, and we don’t know if it will be a success but they’re definitely trying to get it ready. Over on SteamDB you can see there’s an “eac_fix” branch, with a description of “EAC fix for steam deck test branch” – so work is clearly happening (EAC being Easy Anti-Cheat). Being able to play Squadrons on the Steam Deck and online against others sounds like it could be pretty awesome.

      • Valve has tested ‘thousands’ for the Steam Deck, 60 currently Verified | GamingOnLinux

        In a recent update on the Steamworks Group on Steam, Valve gave an update on Steam Deck Verification and testing appears to be ramping up lately.

        Valve confirmed in the post that they have already tested “thousands of titles” for Deck Verified. Their previous focus has been to prioritize titles based on playtime and interest from people who have reserved a Steam Deck, which appears to be an automatic process. They’ve also now given access to a small set of developers and publishers the ability to directly submit titles for review.

    • Desktop Environments/WMs

      • GNOME Desktop/GTK

        • GNOME 42 Improves XWayland Auto Termination Handling – Phoronix

          The latest GNOME 42 feature work to mention is a ten month old merge request landing that cleans up and improves the XWayland termination for when there are no more X11 clients running within the GNOME Wayland session.

          GNOME already has handled XWayland on-demand for only running the XWayland code when needed and to be able to terminate it when no more X11 clients are active. With GNOME 42 releasing in March, there is improved code for XWayland to terminate cleanly and more reliably.

    • Distributions

      • What Can Be The Top 5 Linux Distro For Laptops?

        Welcome Back! What can be the top 5 Linux distro for Laptops? We are going to discuss it here today. Whether you have bought a new laptop or have some pretty old laptop. For both cases having a decent Linux OS installed would be a good idea. There are multiple lightweight options ad Linux Distro that can give life to old laptops. Such hardware which otherwise of np use can be used for educational purposes or even for some basic day-to-day utilities such as making some media server, or DHCP server, etc. For high-end brand new laptops having the latest configuration can be used for penetration testings, graphics, animations, DevOps or even for programming, etc. But, this is an important aspect to opt for what will be the most favorable Distro for your specific need.

        Here, based on my experience I tried to choose and suggest the top five distros which could be used for laptops. Have a look.

      • Clear Linux Container Performance Continues Showing Sizable Gains – Phoronix

        For those interested in using Distrobox to augment your operating system’s package selection, not all containers are created equally. Distrobox developer Luca Di Maio recently did some tests for looking at the Linux container performance.

        Luca carried out some tests as he became curious about the performance benefits to Intel’s Clear Linux if running confined to a container on a conventional Linux distribution. From a Fedora 35 host he compared the performance of using a Clear Linux container in that environment to then running a Fedora 35 container, the same as the host.

      • New Releases

        • Debian-based Nitrux 2.0.0 Linux distribution now available with KDE Plasma 5.23.5

          If you live in the Northeastern United States like me, there’s a very good chance you are snowed-in right now. For instance, my town on Long Island got nearly two feet of snow dumped on it, so I am stuck indoors. While I have been passing the time by watching movies and playing old-school video game ROMs, I am starting to get a bit bored.

          Thankfully, there is a new Linux-based operating system version to play with! You see, version 2.0.0 of the Debian-based Nitrux distribution is finally available. The distro comes with KDE Plasma 5.23.5 as the desktop environment, MESA 21.3.5, and the XanMod-modified Linux kernel 5.16.3 by default.

        • Nitrux 2.0.0 Brings Default XanMod Kernel 5.16, Visual Uplifts + More

          The team announced the release of Nitrux 2.0 that brings the latest Linux Kernel 5.16, several visual refreshes in this KDE Plasma based desktop. We wrap the release in this post.

        • Nitrux 2.0 Arrives with a Bunch of UI Changes

          The latest Nitrux 2.0 release brings a fresh Plasma desktop, the latest kernel, and applications. We round up the release with a quick review.

          Nitrux is a KDE Plasma + Debian-based Linux distribution which features NX Desktop with Plasma desktop with its own flavor. For anyone not familiar with NX Desktop, it is a customization layer for the Plasma 5 desktop environment.

          NX Desktop offers a different style, its own implementation of the system tray, notification center, and various plasmoids. It uses the Latte-dock at the bottom of the screen with a panel at the top of the screen and features a global menu.

        • Nitrux 2.0. Is Available For Download | Itsubuntu.com

          Nitrux 2.0 is now available to download. Powered by Linux 5.16 kernel series, you can see plenty of improvements and the addition in the new version of Debian-based, systemd-free GNU/Linux distribution Nitrux OS. Nitrux uses the Calamares installer and includes KDE Plasma 5 desktop environment and KDE Applications.

        • Release Announcement: Nitrux 2.0.0 — Nitrux — #YourNextOS

          We are pleased to announce the launch of Nitrux 2.0.0. This new version brings together the latest software updates, bug fixes, performance improvements, and ready-to-use hardware support.

      • BSD

        • airyxOS Aims To Build Upon FreeBSD With The “Finesse of macOS”

          One of the promising new BSD projects started over the past year was helloSystem as “the macOS of BSDs” and built atop FreeBSD but with a macOS-inspired design. A Phoronix reader has pointed out another entrant in this field with airyxOS as a FreeBSD-based operating system designed to be similar to Apple’s macOS experience.

          The airyxOS operating system advertises itself as the “finesse of macOS” and the “freedom of FreeBSD.” The developers describe this BSD OS in development since 2021 as “We love macOS, but we’re not a fan of the ever-closing hardware and ecosystem. So we created airyxOS — an OS aimed to provide the finesse of macOS with the freedom of FreeBSD.”

    • Devices/Embedded

      • Open Hardware/Modding

        • ESP32 And Raspberry Pi Take Over Game Boy LCD | Hackaday

          The Nintendo Game Boy and its many permutations represent one of the most well-known and successful gaming platforms ever produced. There was a decades-long stretch of time where the most popular kid in the lunch room was the one who brought in their Game Boy so the rest of the class could huddle around and check out the latest Pokemon title.

          [...]

          With the ESP32 wired between the handheld’s LCD and main PCB, the microcontroller can also act as a capture device using I2S camera mode. Compared to what ends up showing on the handheld’s LCD, the recorded gameplay [kgsws] shows off looks fantastic. Visuals are crisp and fluid, and naturally devoid of the Game Boy’s iconic (if slightly nauseating) greenish tint.

    • Free, Libre, and Open Source Software

      • 5 Best Free and Open Source Network Intrusion Detection Systems

        An intrusion detection system is a device or software application that monitors a network or systems for malicious activity or policy violations.

        IDS types range in scope from single computers to large networks. The most common classifications are network intrusion detection systems (NIDS) and host-based intrusion detection systems (HIDS). A system that monitors important operating system files is an example of an HIDS, while a system that detects malicious traffic on a network is an example of an NIDS. NIDS let you monitor network traffic, looking for specific activity, and generating alerts.

      • Programming/Development

        • 1,000 commit authors | daniel.haxx.se

          In the curl project we switched to using git for source code control in March 2010. Since then we have exact tracking of every commit author to the project. In the times before git, we used CVS which doesn’t properly separate committers from authors.

          The number of commit authors in curl has gradually been increasing over time.

        • Pondering Agile Principles

          I’ve worked in and with teams who would identify as agile for many years. I’ve written about how I think the most interesting part of the agile manifesto is the “uncovering better ways” mindset.

        • Supporting Sustainability

          Many software teams struggle with ever growing cost of change, and technical debt that risks overwhelming them.

          It’s always interesting to talk with folks and understand, how the system and incentives created this state.

          Often I hear from software engineers that management doesn’t give them permission for (or doesn’t prioritise) work such as tidying, refactoring, testing, observability.

          Blaming management in this way may be accurate in many situations (they are indeed probably accountable for the system that created this outcome). However, the problem with blame is that it tends to short-circuit further thinking. How could the system be improved with the influence and control you do have, perhaps with minimal authority.

          But what about from the management side? I often hear from engineering and product managers that they’re unaware, or learn too late, that folks were accumulating debt. It becomes visible when teams are no longer able to achieve goals.

        • Perl/Raku

  • Leftovers

    • Hardware

      • Relay-Driven Nixie Clock Gets You To Stop Scrolling | Hackaday

        We don’t often get a Tips line submission where the “Subject” line auto-translates as “Yoshi Yoshi Yoshi”, linking to a short video by [Yasunari Industries] (embedded below). For many, it might be hard to tell what this is at a first glance – however, if the myriad of relays clacking won’t draw your attention, the four Nixie digits on the top definitely will! The gorgeous black PCB has two buttons on the bottom, incrementing hour and minute hours respectively, and observant readers will notice how the LEDs near the relays respond to binary-coded-decimal representation of the digits being shown. This appears to be a relay-based clock with Nixie tubes for digit outputs, and on a scale from “practical” to “eye candy”, it firmly points towards the latter!

      • Laundry Bot Tackles The Tedium Of T-Shirt Folding | Hackaday

        Roomba aside, domestic robots are still in search of the killer app they need to really take off. For the other kind of home automation to succeed, designers are going to have to find the most odious domestic task and make it go away at the push of the button. A T-shirt folding robot is probably a good first step.

        First and foremost, hats off to [Stefano Pontoglio] for his copious documentation on this project. Not only are complete instructions for building the laundry bot listed, but there’s also a full use-case analysis and even a complete exploration of prior art in the space. [Stefano]’s exhaustive analysis led to a set of stepper-actuated panels, laser-cut from thin plywood, and arranged to make the series of folds needed to take a T-shirt from flat to folded in just a few seconds.

    • Environment

      • Energy

        • Power For Nothing And Your Kicks For Free | Hackaday

          We all know that you can convert heat into electricity. Usually, you do that with some form of steam, but there are other methods, too, including thermocouples. If you’ve ever seen something producing waste heat, you’ll appreciate Penn State’s work to harvest power from hot pipes. The idea is simple in theory: create a flexible thermoelectric generator that can wrap around hot pipes or other surfaces to gather otherwise lost heat. The full (paywalled) paper is also available.

    • Misinformation/Disinformation

      • Why we’re cancelling Spotify…

        After a family discussion yesterday, we all decided to cancel the family plan for Spotify. The Neil Young / Joe Rogan thing wasn’t the reason, but it was the event that kicked off the discussion and made it easier to say goodbye to a service we’ve used together and enjoyed for years.

    • Monopolies

      • FOSS Patents: Biden Administration backs Epic Games against Apple in Ninth Circuit #FreeFortnite antitrust appeal (though brief is formally filed ‘in support of neither party’)

        The Antitrust Division of the United States Department of Justice, speaking on behalf of the United States of America, has filed the following brief, formally in support of neither party but practically supporting some of the most important elements of Epic’s appeal (this post continues below the document):

      • When Should You Protect An Invention? [Ed: Perpetuates a myth by conflating patents (monopoly) with inventions]

        To answer this, we must first consider the two conditions of patentability; in other words, the legal requirements that will be examined by patent offices when deciding whether or not to grant a patent on an invention. These two conditions are: novelty and sufficiency of disclosure.

      • FOSS Patents: The ‘Dean of American Antitrust Law’ signs amicus brief backing Epic Games against Apple, as do 37 other profs: Ninth Circuit appeal

        Earlier this week I expressed my view that even superstar appellate lawyer Tom Goldstein may not be able to turn Epic’s case against Apple around unless there’s a lot of support for Epic Games in the form of amicus curiae briefs to be filed with the United States Court of Appeals for the Ninth Circuit. The spectacular turnarounds Mr. Goldstein achieved for Qualcomm (against the FTC) and Google (against Oracle) depended in no small part–the latter to a hugely greater extent than the former–on such dynamics.

      • Patents

        • Provisional Application Phase means Unified Patent Court is set to go live. [Ed: No, it is illegal and unconstitutional]

          On 18 January 2022, the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA) by the Austrian Parliament was notified to the Council of the European Union. This means that the UPC enters the Provisional Application Phase (PAP) and that the entry into operation of the Unitary Patent system is one big step closer.

        • Could Siri Be An Inventor? [Ed: Possibly the stupidest patent premise you can find; the patent litigation profiteers have turned the system into a laughing stock]

          You’ve probably asked Siri lots of questions, like “what’s the weather outside?” or “how long do you cook a soft-boiled egg?” But what if Siri was a little more sophisticated? What if you could ask Siri to design something or to improve a process?

          Imagine you were working on something, say an engine, and while building it you asked Siri, “how could I make this better?” Further, imagine Siri answered your question with an innovative solution.

        • Total References Cited [Ed: Some so-called 'data science' which does not actually say much as many patents gets spun off existing patents or templates, basically clogging up the patent systems with bad junk in large quantities]

          The chart below shows a histogram of the total number of references per patent. (Utility patents issued in 2021) with the mode, median, and average noted.

        • IPO & Harrity Analytics Release List of Top 300 Patent Holders for 2021 [Ed: This is a rather dumb list that mostly measures the size of corporate legal teams, exploitation through litigation etc. It does not say anything about value or merit.]

          Earlier this month, the Intellectual Property Owners Association (IPO) and Harrity Analytics announced the release of the 39th annual list of the top 300 organizations receiving U.S. utility patents (see “Top 300 Organizations Granted U.S. Patents in 2021″). Patent Docs readers may recall that the U.S. Patent and Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to “discourag[e] any perception that we believe more is better.”

        • Mishcon de Reya strengthens patent partnership with Dentons hire[Ed: Juve has just published spam for a legal Mafia, Mishcon de Reya, which helped criminals from the EPO spy on me and threaten me for exposing EPO crime. This is spam because some firm hiring one person isn't news; it's spammy marketing. Amy Sandys is at it again. She did it for the same firm several months ago.]

          Campbell Forsyth is the latest addition to Mishcon de Reya‘s London IP and patent practice. Forsyth, who is set to move to the firm from the London office of Dentons, is the second patent-specialist partner to join Mishcon in the last year.

          At Dentons, he was global co-head of the European litigation practice and the firm’s UK head of IP. Clients at Dentons include fibre-optic cable manufacturer Emtelle and generic drug manufacturer Zentiva.

        • Fintiv critics look to Intel and Leahy after SCOTUS denies cert [Ed: SCOTUS blasts away yet another patent-related appeal; SCOTUS served many blows to patent trolls in recent years]

          In-house counsel hope Intel’s challenge to discretionary denials will succeed where Apple and Mylan’s failed, but suspect it may be a longshot

        • Simmons & Simmons expands patent attorney practice with Isenbruck team [Ed: The latest reminder that JUVE has turned away from journalism and became a spam site for aggressive, deceiving, abusive litigation firms that promote illegal agenda; the hiring isn’t actually newsworthy, but this is marketing spam disguised as “reporting” (for a sponsor)]

          The Munich patent attorney team has a strong focus on pharmaceutical and biotech patents. Lahrtz and Nottrott are also known for their work in EPO proceedings and nullity actions. In addition, they have worked alongside external lawyers in German infringement proceedings.

        • “Patent firms must strategically set the course for future litigation in Europe” [Ed: This is another puff piece for Simmons & Simmons (liars who promote a crime), peddling fake news for personal gain. JUVE is a villainous publisher which besieges Europe for oligarchs and trolls.]

          Simmons & Simmons has understood that the future of European patent litigation lies in cross-border cases, if not in the Unified Patent Court.

        • The challenge of patenting combination claims at the EPO [Ed: Well, “synergistic effect is currently the subject of a pending referral to the Enlarged Board of Appeal (EBA)”, but EBA is rigged, it is a kangaroo court, and the author knows it]

          A patent relating to combination claims is the subject of the latest referral to the CJEU on the interpretation of the SPC regulation (IPKat). Even before you get to the question of whether SPCs are available for combination therapies, demonstrating the patentably per se of combination therapies is a challenge in and of itself. As recent Boards of Appeal case law confirms, a claimed therapeutic combination must not have been the subject of accidental anticipation (T 2056/17), must show more than a mere additive technical effect, and must not have been “obvious-to-try” out of a number of possible alternatives (T 2168/17).

          Legal Background – Combination claims

          The ongoing questions of whether combination SPCs are precluded by one or more sub-provisions of the SPC Regulation reflects the high development cost and value of combination therapies. Combination claims also face a high bar patentability bar in Europe. In particular, in order to embody inventive character, a combination invention must not merely result in an aggregation of the features of the underlying components (Case Law of the Boards of Appeal, I-D-9.2.1). In practice, this requires the patent applicant to demonstrate that the combined features produce a synergistic as opposed to mere additive effect. Whether or not the applicant can rely on post-published evidence to support a synergistic effect is currently the subject of a pending referral to the Enlarged Board of Appeal (EBA) (G2/12, IPKat). In the absence of an unexpected synergistic effect, combinations of known drugs for use in therapy are often considered obvious-to-try by the EP patent Examiners.

        • FTC Highlights SEP Antitrust Abuses

          The recent remarks of FTC Commissioner Rebecca Kelly Slaughter on standards essential patents (“SEPs”) are commendable, as is her emphasis on the role antitrust law plays in curtailing anticompetitive abuses of them. The abuses Slaughter highlights mostly impact small- and medium-sized businesses, “the ‘little engines that could’ of our economy,” who lack the resources to navigate complex legal issues and are “more likely to cave to supra-FRAND rates out of fear of exclusion.” Patents do not grant companies a free pass to abuse their dominant market positions through anticompetitive means.

          Commissioner Slaughter emphasized that patents are not—and cannot become—an absolute shield for anti-competitive conduct by SEP holders: “When patent holders obtain market power by virtue of being included in standards, the way they exercise that market power is not immunized from the antitrust laws merely because patents are involved.” Specifically, owners of SEPs are obligated to license their patents to willing licensees on fair, reasonable, and non-discriminatory (“FRAND”) terms, and U.S. antitrust policy plays an important role in policing those matters.

          Clear antitrust policies are imperative to ensure sincere FRAND licensing practices. Without definite antitrust policies, SEPs can skirt FRAND requirements, leading to “holdup,” or the practice of prohibiting businesses from implementing technologies that implement standards unless they agree to higher royalties and more unfavorable licensing terms than the SEP owner could have obtained before the standard was set, when alternative technologies were available.

        • $28,000 for IP Investments Group sub, DataCloud, prior art [Ed: Money offered to help invalidate fake patents including software patents]

          On January 24, 2022, Unified added 14 new PATROLL contests, with a $2,000 cash prize for each, seeking prior art on the list below. The patents are owned by DataCloud, LLC, an NPE and subsidiary of IP Investments Group. The contests will all end on April 30, 2022. Please visit PATROLL for more information or click on each link below.

        • NL – Cross-border Jurisdiction in FRAND and Anti-Anti-Suit Injunction Proceedings [Ed: FRAND is a misnomer, a deliberate lie]

          In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim related to SEPs. Both cases confirm the Dutch Court’s willingness to consider cross-border relief in international (FRAND) disputes.

          The first case concerns proceedings started by Vestel against HEVC Advance patent pool administrator Access Advance (US) and pool members Philips (NL), GE Video Compression (US) and IP Bridge (JP). Vestel requests, inter alia, a declaratory judgment that neither Access Advance’s pool license offer nor the bilateral offers of its members Philips, GE Video Compression and IP Bridge are FRAND, that Vestel’s license offer(s) are FRAND or, in the alternative, that the Dutch court set a global FRAND rate.

          Access Advance and the non-Dutch pool members challenged the Court’s jurisdiction to hear Vestel’s claims. By the recently published interlocutory judgment of 15 December 2021 the Court rejected this challenge. The Court held it has jurisdiction to hear the claims against pool administrator Access Advance and the non-Dutch pool members based on connectivity of claims against Dutch pool member Philips (jurisdiction undisputed).

          [...]

          The second case concerns an AASI filed by Ericsson against Apple Inc. (US), two Dutch Apple entities and two Irish Apple entities. Ericsson feared that the Apple defendants would start proceedings somewhere in the world to obtain an anti-suit injunction (‘ASI’) against Ericsson, which might involve an action to prevent Ericsson from enforcing its (standard essential) patents, as well as an ASI to enforce a ‘covenant not to sue’ against Ericsson.

          One day after the Vestel decision, the PI judge of the District Court of The Hague assumed jurisdiction vis-à-vis Apple Inc. on the basis of Article 7 (1) DCCP (using similar reasoning as in the Vestel case) and vis-à-vis the Irish Apple entities on the basis of Article 8 (1) Brussels I (Recast) Regulation. The jurisdiction as to these foreign defendants was limited to claims with respect to the Netherlands and Belgium. In short, because the Dutch Apple entities are only active in those countries and therefore there might only be a threat of the foreign Apple entities (co)filing ASI claims there.

          Ericsson’s AASI claims were however rejected in these PI proceedings due to a lack of urgent interest. In short, the Court concluded – on the basis of the facts put forward – that it had not become plausible that there was a (real) threat that the Apple defendants would file for a preventive ASI against Ericsson, so that the urgent interest of the claims insofar as based on this assertion was lacking. This finding was not changed by Apple being unwilling to undertake that it would not request a preventive ASI in the future, as Ericsson was not entitled to such a general undertaking. The Court’s decision can be found here (in Dutch).

        • Implementation of UPC: So What [Ed: Matthieu Dhenne (Ipsilon) is still promoting illegal agenda and fake news. Team UPC has become like a cabal of political criminals, undermining constitutions while gaslighting the public by infiltrating the media and shoehorning corrupt officials, then using corrupted media to lie to them, signing illegal documents; see the comments]

          A French government press release dated January 20, 2022, announces the creation of a harmonized intellectual property framework with the entry into force of the Unified Patent Court following the ratification of the international agreement concerning it. But what does it means exactly for us?

        • Huawei the Top Recipient of Australian Patents in 2021, as Total Annual Grants Remain Steady [Ed: China learned how to play the game and also game the patent game]

          Each January, there is great interest in the leading recipients of US patents issued during the previous year and, in particular, whether IBM will once again retain the leading position it has held for over two decades. The answer to that question for 2021 is ‘yes’, although the size of IBM’s lead depends upon which data provider you choose to believe. IFI CLAIMS Patent Services – which has provided an annual summary for many years – has IBM receiving 8,682 US patents in 2021, comfortably ahead of Samsung Electronics on 6,366, followed by Canon with 3,021. In comparison, Harrity Patent Analytics – which began publishing its own independent reports in recent years – has IBM on 8,540, with Samsung nipping at its heels on 8,517, and both comfortably clear of LG in third spot with 4,368. (Harrity has Canon in fourth, with 3,400 US patents issued in 2021, while IFI CLAIMS has LG at eighth, on 2,487 US patents.)

          So, who to believe? My guess is that they are both right-ish – subject to the challenges of correctly identifying and matching applicant and assignee information in the raw USPTO data – but that IFI CLAIMS and Harrity are probably accounting differently for patents granted to related companies, such as subsidiaries and corporate group members. It is notable that the two largest discrepancies among the top patent recipients are between Samsung and LG, both of which are South Korean chaebol – family conglomerates – which can be notoriously labyrinthine in their structures, and diverse in their product offerings.

          [...]

          In 2021, Australian residents accounted for just 6.4% of granted patents, although this was a significant improvement on the previous four years during which – in 2019 – the proportion fell below 5%. Between 2011 and 2021, Australians filed, on average, 9% of all standard patent applications each year, so it is apparent that Australian applicants are more likely that non-residents to abandon their applications prior to grant. If actual granted patents are used as a metric, Australians make less use of their own national patent system than the annual filing figures indicate.

          While this is disappointing, it should probably not come as a great surprise. A foreign applicant has, by definition, already made a decision prior to filing in Australia that the invention disclosed in their patent application is sufficiently valuable to warrant protection internationally. A domestic applicant, on the other hand, may have filed only in Australia, and may have done so speculatively, before being in a position to assess the value of the invention. Additionally, around 10-15% of resident filings are made by self-represented applicants, and a substantial majority of these have very poor prospects of proceeding to grant. I expect that a similar pattern of higher levels of abandonment by domestic applicants would be also observed in other jurisdictions.

        • Changing of the guard at Munich patent court [Ed: Towards the end of his article, Mathieu Klos promotes the illegal UPC; so-called "journalists" are now lobbyists of the litigation fanatics, pushing fake news for them]

          Pichlmaier took over as head of the 21st Civil Chamber in 2016. Since 2000, he has helped shape case law in both the 7th and 21st Civil Chambers as an associate judge. Both chambers are responsible for patent law.

          In January 2021, Pichlmaier’s chamber appealed to the European Court of Justice in the dispute between Phoenix Contact and Harting. The CJEU will clarify the question of whether a court can refuse a preliminary injunction if the patent-in-suit is not yet proven in opposition or nullity proceedings. The German patent courts have not yet issued uniform rulings on this.

          Most recently, Pichlmaier has become internationally known for his work in proceedings concerning connected cars patents involving the plaintiffs Nokia, Sharp and Conversant against defendant Daimler. He also played a role in the Munich patent court’s decisions on anti-suit injunctions (ASIs). Antitrust issues play a major role in such SEP and FRAND actions.

          [...]

          As a court spokeswoman told JUVE Patent, Pichlmaier’s move means that the revolving door at the patent chambers continues to turn.

          [...]

          Matthias Zigann, who now has the highest seniority among the presiding patent judges, is also said to have great ambitions for the Unified Patent Court. Users of the system had recently voted Zigann as one of the most popular judge candidates for the new court in a JUVE Patent survey. Many think it likely that Zigann will partially work for the UPC from the end of the year, when the court opens its doors.

        • Chimeric Therapeutics (ASX:CHM) receives US patent for CLTX CAR technology [Ed: Does Chimeric know EPO grants loads of fake patents, based on insiders?]

          “The granting of this key US patent continues the momentum for the intellectual property portfolio underpinning our CLTX CAR pipeline assets, following the recent patent grant in Europe in September,” Ms Chow said.

        • Munich I Regional Court confirms reassignments: Judge Pichlmaier to lead antitrust senate, Judge Dr. Fricke promoted to preside over 44th Civil Chamber [Ed: Juve Patent is an intentionally-misleading spam site; no good reason for even Florian to cite that anymore…]

          Juve Patent was first to report that Judge Tobias Pichlmaier, who is still presiding for a couple more days over the Munich I Regional Court’s 21st Civil Chamber (a patent-specialized division), will become the antitrust-specialized 37th Civil Chamber’s new Presiding Judge next week, triggering one promotion and one reassignment among his current colleagues. He told Juve Patent that he personally requested this reassignment.

          [...]

          Nothing is changing for now about the 7th Civil Chamber under Presiding Judge Dr. Matthias Zigann. I photographed the 44th Civil Chamber on the occasion of its first-ever hearing in November. Now you can see two of the judges presiding over the three patent-specialized divisions of the Munich court in that picture. Judge Dr. Zigann’s face is probably familiar to many of you, either because you’ve been to his courtroom or have listened to one or more of his eloquent and always very well-structured webinar presentations. Seriously, you can’t be professionally interested in German or cross-jurisdictional patent litigation and not know Judge Dr. Zigann…

          Unlike Juve Patent, I don’t have the slightest concern over the timing of this chain of reassignments. Without a doubt, the court’s patent divisions will operate just as smoothly and efficiently as we know them. They have the talent pool there–and the expertise–to keep going at the same pace, and render high-quality decisions.

        • Opinion: Why lawyers quit the profession – and how to stop it [Ed: Why some people decide to become productive members of society instead of just attacking society like aggressive parasites; there's no "legal industry" as it's not an industry]

          A 30% increase in lawyers quitting in Singapore highlights several problems that persist within the legal industry – and I should know, I used to be in it

        • Battery innovation enhances EV technology, generates worldwide patent boom
          [Ed: Giving feet to greenwashing EPO propaganda, which is intended to distract from EPO crimes]

          Consider information from the joint study, “Innovation in batteries and electricity storage – a global analysis based on patent data,” published in 2020 by the European Patent Office (EPO) and the International Energy Agency.

        • Podcast: Is the Albright-inspired judicial study a good idea? [Ed: The patent troll Dominion Harbor is boosted by patent extremists’ mouthpiece Managing IP]

          Sources from the High Tech Inventors Alliance, the Senate IP Subcommittee and NPE Dominion Harbor weigh in on the rise of the Western District of Texas

        • An Update On Oral Proceedings At The European Patent Office [Ed: “Oral proceedings are explicitly provided for by the European Patent Convention (EPC),” it says, but EPO clearly and deliberately violates the EPC with these hearings; it’s a corrupt institution operating outside the rule of law]

          Last July, the Enlarged Board of Appeal of the EPO issued decision G1/21, which authorises oral proceedings before the Boards of Appeal via videoconferencing during a period of general urgency, even if all parties have not given their consent. Cyrille Poindron outlines what this means in practice.

          Oral proceedings are explicitly provided for by the European Patent Convention (EPC) if the European Patent Office (EPO) deems it useful, or upon request of one of the parties. In fact, it is often the last possibility for those parties to discuss a case under examination, opposition or appeal before the decision that closes the procedure. Accordingly, the oral procedure is almost always requested as a precaution; in particular, if an unfavourable decision is expected.

        • IP trends for 2022: startup and scaleup businesses [Ed: Mixing completely unrelated things by tossing them under the same umbrella and topping that up with buzzwords like "Hey Hi"; that's what it takes to work in "law" firms...]

          Our team of patent, trade mark and design attorneys have considered the legal landscape, recent technical developments and inventions, as well as the marketplace, to predict the likely intellectual property (IP) trends that businesses should look out for in the next 12 months.

          Next in our ‘IP trends for 2022’ series, we look at areas of particular interest for startups and SMEs who are critical to advances in technology and contribute significantly to the economy. Mathys & Squire is delighted to support such researchers, engineers and entrepreneurs in identifying and protecting the IP in their technological inventions.

        • Case: Patents/Obviousness (P.T.A.B.) [Ed: PTAB depositing fake patents in the wastebasket]

          Challenged claims of Engle Grange LLC’s patent directed to a keyless ignition start system in which authentication of a coded key fob is carried out twice, first to activate the ignition switch to allow starting the engine and second at the time when the brake pedal is depressed to put the car in a drive gear are unpatentable as obvious over prior art, the Patent Trial and Appeal Board held, in an inter partes review by Unified Patents LLC. The board said that the challenged claims are obvious over patent applications directed to vehicle systems and methods of operating vehicle …

        • EPO Board of Appeal declines to anthropomorphize the robots, confirms that AI can’t be an inventor [Ed: EPO is deeply corrupt, but not corrupt enough to grant patents to bots]
        • Crunchfish Patents XR Shifting-Keyboard Password Technology [Ed: Is Crunchfish aware that EPO grants lots of fake patents?]

          Crunchfish Gesture Interaction has received an Intention to Grant from the European Patent Office (EPO) regarding gesture interaction with a virtual or physical display to type passwords or PIN codes in a distinct way each time.

          The patent protects scrambling the display or keypad in order to ensure a different and touchless interaction whenever passwords or PIN codes are entered to lock or unlock the wearable. The patent number is EP18197711.7 and it is valid until September 2032.

        • UK: Patents Court is running swifter than ever [Ed: This puff piece involves paymentas to the publisher from thugs and liars, Bird and Bird; this is how they buy agenda and misinformation on UPC etc.]

          It is often said that there is a rivalry between the different patent courts of Europe. When it comes to enforcement, they each have different processes and personalities. As well as Germany’s quick, split system popular with patentees, the centralised Dutch system is well respected and popular. On the other hand, perhaps unfairly, the Italian courts gained a reputation in the 2000s as a ‘torpedo’ jurisdiction.

          In this strange competition, the UK has always placed highly. They have specialist courts with specialist judges, an emphasis on technical investigation, and a disclosure system that leaves nowhere to hide. All this effort can be expensive – but that is a manageable risk and a calculated one – offset by the fact that the winner recovers their costs (or most of them).

        • FOSS Patents: Daimler-style strategic breakthrough for Nokia (and by extension Avanci, Ericsson, Qualcomm): Nordic Semiconductor arranges end-product-level SEP licensing for its customers

          Nokia and Nordic Semiconductor–a company that makes wireless communications chips for the IoT industry and one of whose executives spoke at my 2019 Brussels conference–just announced a “pioneering new approach to licensing the use of cellular IoT Standard Essential Patents”: IoT device makers (specifically, those building smart meters, payment terminals, and vehicle telematics) who incorporate Nordic’s chips into their products can now opt in and take a pre-negotiated standard-essential patent (SEP) license from Nokia covering their devices.

          Nordic Semiconductor celebrates the “added transparency and predictability early in the design process, giving the increased clarity and certainty Nordic cellular IoT customers have been seeking over the past three to four years.” Nokia calls it “a win-win for Nordic’s customers and Nokia, simplifying the SEP licensing process in the IoT space and making it easier for licensing agreements to be concluded amicably and efficiently.”

          Like in that Hot Chocolate song, “Everyone’s a winner, baby, that’s the truth.” Is it? I mean, is it equally great news for both sides? And more broadly speaking, looking beyond this particular deal, is it equally positive for SEP holders as it is for SEP implementers?

        • Opinion: £150k for a junior lawyer! It’s good, but may not be enough [Ed: Patent lawyers' greed helps explain sociopathy; they also use this money to bribe the media and buy puff pieces, misinformation, push illegal agenda; break this racket]

          The salaries for newly qualified lawyers keep rising, but throwing money at young talent may not be the solution

        • Latest news and updates on the Unified Patent Court [Ed: A lying propagandist of Team UPC, Amy Sandys, who spent years printing lies for Team UPC (to mislead politicians), is parroting lies in an effort to advance clearly illegal and unconstitutional agenda]
        • [Complimentary Conference] Pharma & Biotech Patent Litigation [Ed: “Status Report on the Unitary Patent and the Unified Patent Court” by two notorious firms that spent a decade lying about it to the public and lied to politicians to get them to illegally sign papers (based on lies)]

          Status Report on the Unitary Patent and the Unified Patent Court: Ratification, Implementation, and Protocols

        • Serious Steps towards the Unitary Patent – new options for Applicants Ed: Team UPC promotes illegal agenda that a court would likely stop upon challenge (maybe months from now)]
        • Wikipedia as Prior Art

          Here is a fun chart showing the percentage of U.S. patents that cite to Wikipedia as prior art. I created this from data downloaded from the USPTO.

        • The EU’s UPC launch is imminent – here’s what IP strategists need to know [Ed: EPO-bribed propaganda mill IAM promotes fake news and promotes illegal things, yet again. So to get paid you must lie and promote criminals?]

          Companies must now make tough decisions about which rights to opt out of the new unified European patent system

        • Guest Post: Community Ties in Patent Litigation

          Following tradition, on the last day of 2021, Chief Justice Roberts provided his annual year-end report on the federal judiciary. In the report, he addressed three issues that have “been flagged by Congress and the press” over the last year. Among them was “the arcane but important matter” of judicial assignment and venue for patent cases.

          Let the arcana commence! Let’s talk about judicial assignment of patent cases.

          For those unfamiliar with how cases are assigned in district courts, let’s use the Western District of Texas as an example. The Western District of Texas is a vast district, stretching more than 600 miles across from El Paso (on the western limits of the state) to Waco (which is much nearer to Louisiana than New Mexico). When a plaintiff files a suit in the Western District, the suit is assigned to the judges within one of seven divisions that make up the district: Austin, Del Rio (Alpine), El Paso, Midland/Odessa, Pecos, San Antonio, and Waco. But the case is not assigned randomly to one of the divisions; rather, the plaintiff selects (from a drop-down menu) to which of the divisions the case will be assigned. Only after a division is selected by the plaintiff does random assignment occur, with each judge within the division receiving a certain percentage of the cases filed, per a standing order filed (and updated in 2021) by the Chief Judge of the Western District of Texas.

          But for certain divisions within the district, individual judges receive 100% of the cases filed, meaning plaintiffs can pick their judge. In the Western District of Texas, this 100% assignment occurs in the Midland-Odessa division (assigned to Judge David Counts), the Pecos Division (also Judge Counts), the Del Rio Division (Judge Alia Moses), and—most importantly for patent law—the Waco Division (Judge Alan Albright). That means that Western District of Texas plaintiffs can “judge shop” for the judge they prefer, at least in those four divisions. Judge shopping is, shockingly, possible in a large portion of district courts across the land, not just in Texas.

          Thus, it is great to hear that Chief Justice Roberts is investigating the problem of judge shopping.

        • Consultation on Standard Essential Patent (SEP) framework launched by UK IPO [Ed: UK IPO certainly knows this is about advancing patent trolls’ agenda at the expense of the general public, but the IPO does not work for us]

          The UK Intellectual Property Office (IPO) has published an open consultation Standard Essential Patents and Innovation: Call for views in order to better understand the current legislative and policy framework’s function to support innovation in the context of SEPs. Views are sought on whether the framework is functioning efficiently and strikes the right balance for all entities involved. Its stated aim is “to produce the optimal IP framework for the UK that will promote innovation and creativity both now and, in the future” whilst ensuring the Government’s ambitions set out in the ‘UK Innovation Strategy: leading the future by creating it‘ are supported.

          [...]

          It is interesting to note that another proposal mooted is the greater use of alternative dispute resolution, including arbitration and mediation. The consultation asks about industry led solutions, as well as the possibility of the government providing alternative means for resolving FRAND disputes.

          The UKIPO conducted a similar “call for views” in relation to IP rights and AI, prior to launching a full scale consultation which is still in progress (see here). These “call for views” are seen by the UKIPO as essential to establish the issues for business and other interested parties that need to be more formally consulted on. Thus any businesses involved with SEPs should consider responding to the call for views in order to highlight key areas for any future full scale consultation.

        • It’s a big 48 hours for BlackBerry and the patent market in general [Ed: Liar for hire (he lies for criminals from EPO and for patent trolls) Joff Wild is doing a whole bunch of puff pieces for a highly aggressive patent parasite in recent weeks; this is marketing]
        • Neurim Can’t Stop Mylan From Restarting Melatonin Fight

          Generic-drug maker Mylan is free to challenge the validity of Israeli pharmaceutical company Neurim’s melatonin patent at an upcoming trial after a London judge ruled Monday that it did not run afoul of procedural rules about the timing of an appeal.

          High Court Judge Richard Meade rejected Neurim Pharmaceuticals (1991) Ltd.’s arguments that rival Mylan U.K. Healthcare Ltd. cannot contest the validity of Neurim’s patent for the drug Circadin, an insomnia medication, due to expire in August.

          Mylan, which is trying to become the first generic supplier for the drug, was not required to appeal a High Court judge’s findings in December 2020 that…

        • Veteran Founder of Gide’s IP Practice Joins Boutique | Law.com International [Ed: Classic spam/marketing disguised as journalism; some person changing employers isn't really newsworthy, not at this level anyway]
        • The UK And The Comprehensive And Progressive Agreement For Trans-Pacific Partnership (CPTPP) [Ed: The UK stands to gain nothing from this, unlike the litigation ‘sector’ like Keltie (which wrote this) ]

          The CPTPP grew out of the Trans-Pacific Partnership (TPP) which did not enter into force after the US withdrew. The CPTPP was signed in March 2018 and came into force at the end of December 2018 after it was ratified by six countries. From 19 September 2021, the agreement will be in force in 8 countries (Australia, Canada, Japan, Mexico, New Zealand, Singapore, Vietnam and Peru).

        • Mazda three-rotor hybrid engine plans appear in patent filings [Ed: Getting one's 'news' from patent filings is bad because they don't actually refer to actual products a lot of the time; is this more like promotional fluff/marketing?]
        • ITC Monthly Wrap-Up: November 2021 [Ed: When patents have come to mean embargo, not innovation]

          November brought another busy month for the ITC. Final Determinations were issued by the Commission in two Section 337 Investigations: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof, Inv. No. 337-TA-1200 (Nov. 10, 2021) and Certain Cloud-Connected Wood-Pellet Grills and Components Thereof, Inv. No. 337-TA-1237 (Nov. 18, 2021). The Commission instituted one Section 337 Investigation: Certain Oil-Vaping Cartridges, Components Thereof, And Products Containing the Same, Inv. No. 337-TA-1286 (Nov. 4, 2021). Five Section 337 Investigations were either stayed or dismissed pending settlements: Certain Skin Rejuvenation Devices, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-1262 (Nov. 3, 2021); Certain Flocked Swabs, Products Containing Flocked Swabs, And Methods of Using Same, Inv. No. 337-TA-1279 (Nov. 15, 2021); Certain Portable Battery Jump Starters & Components Thereof, Inv. No. 337-TA-1256 (Nov. 15, 2021); Certain Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof, Inv. No. 337-TA-1235 (Nov. 18, 2021); Certain Electronic Devices Having Wireless Communication Capabilities and Components Thereof, Inv. No. 337-TA-1284 (Nov. 30, 2021). And the Commission received two complaints: Certain Integrated Circuits, Chipsets, and Electronic Devices, and Products Containing the Same, Inv. No. 337-TA-1287 (Nov. 1, 2021); Certain Playards and Strollers, Inv. No. 337-TA-3577 (Nov. 23, 2021); Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same II, Inv. No. 337-TA-3578 (Nov. 24, 2021).

        • InterDigital case will put Unwired Planet to test in UK: counsel [Ed: Managing IP is lobbying for patent trolls’ agenda even in the UK because law firms of trolls are bankrolling this propaganda mill]

          The major FRAND trial will test how UK courts grapple with jurisdictional issues in the global SEP market, in-house and law firm sources tell Managing IP

        • BlackBerry patent sale almost there but still not over the line [Ed: When it comes to patents, Blackberry is just a parasite for years already]
        • Ericsson’s Q4 report provides indication of impact of Apple patent dispute and potentially other non-renewals of licenses: $100-150 million per quarter

          Ericsson just released its report for the fourth quarter and the full year of 2021 (PDF). It’s the first written communication to investors on Ericsson’s financials since the outbreak of renewed patent litigation with Apple (BTW, a German Apple v. Ericsson countersuit was discovered yesterday), so I wanted to take a look at the numbers.

        • [Older] Put patent policy to work to achieve climate goals [Ed: Patents are very clearly a barrier to battling climate change, but this is mindless greenwashing of monopolies in IAM, a corrupt site that’s being paid to say the opposite of what’s true]
        • [Older] Federal Circuit Reverses Judge Stark Decision, Finds Computer Network Patent Eligible [Ed: A nonprecedential CAFC decision, which makes one wonder if Sharon Prost is needed back in CAFC]

          The US Court of Appeals for the Federal Circuit concluded that a representative claim was directed to a patent-eligible improvement to computer functionality, and therefore reversed a decision authored by Judge Leonard P. Stark as a sitting judge in the US District Court for the District of Delaware. Mentone Solutions LLC v. Digi International Inc., Case Nos. 21-1202, -1203 (Fed. Cir. Nov. 15, 2021) (Moore, C.J.) (nonprecedential).

          Mentone Solutions sued Digi International for infringement of Mentone’s patent directed to an improvement in dynamic resource allocation in a GPRS cellular network utilizing shifted uplink status flags (USF). Digi moved to dismiss under Fed. R. Civ. P. 12(b)(6), arguing that the patent claims were not patent eligible under 35 U.S.C. § 101. The district court granted the motion to dismiss, holding that the representative claim was patent ineligible for being “directed to the abstract idea of receiving a USF and transmitting data during the appropriate timeslots.” Mentone appealed.

        • The Canadian Intellectual Property Office intends to grant RhoVac’s patent application for RV001 cancer vaccine
        • RhoVac : The Canadian Intellectual Property Office intends to grant RhoVac’s patent application for RV001 (onilcamotide) cancer vaccine [Ed: Who benefits when patents are granted on cancer treatments, limiting access to treatments/medicines?]

          RhoVac AB (“RhoVac”) announces today, 24th January 2022, that the Canadian Intellectual Property Office (“CIPO”) has issued a “Notice of Allowance”, which means that it intends to grant RhoVac’s patent application for RV001 (onilcamotide) cancer vaccine. The company has previously been granted patents relating to onilcamotide in USA, Europe and Japan. The Canadian patent will provide RhoVac’s onilcamotide vaccine with broad protection in a key market and significantly strengthens the company’s patent portfolio.

        • Düsseldorf Regional Court grants second-medical use injunctions for Novartis Afinitor cancer treatment [Ed: Patents that kill cancer patients so that Novartis gets richer and their legal reps, like the person who wrote this article about a European Patent, “win” while we all die]

          A recent series of German injunctions (on the merits) granted by the Düsseldorf Regional Court in respect of generic versions of Novartis’ Afinitor (everolimus) has been flagged to the AmeriKat’s attention by a dear Scottish Kat friend. Why are they of interest? Because the injunctions were granted in respect of second medical use patents, which – readers will recall from the Lyrica experience – have not had a resounding history of success. They also continue to reinforce the importance of parallel EPO proceedings in supporting the grant of injunctions in Germany. So what happened in Novartis Pharma AG and others ./. Ethypharm GmbH (4a O 53/20) and betapharm Arzneimittel GmbH (4a O 13/21)?

          Following an oral hearing on 16 November, the Düsseldorf Regional Court on 7 December 2021 ordered injunctions in respect of the infringement of Novartis patent EP 3 351 246 B1 by Ethypharm’ GmbH’s “Everolimus Ethypharm” product (docket no. 4a O 53/20) and betapharm Arzneimittel GmbH’s “Everolimus beta” product (docket no. 4a O 13/21). The December injunction judgments were issued in the first instance and are not yet final, but are provisionally enforceable despite Ethypharm and betapharm having filed appeals against these judgments. The latest judgments follow another series of successes Novartis enjoyed in November 2020 in parallel first-instance judgments against Zentiva Pharma GmbH and Aliud Pharma GmbH (docket nos. 4a O 60/19 and 4a O 63/19 – also subject to appeals).

        • TUT Fitness Group Wins Four New Patents Throughout Europe
        • TUT Fitness Group Wins Four New Patents Throughout Europe [Ed: They clearly seem to be unaware of the EPO crisis and its effect on patent legitimacy]

          “We’re very pleased that the Patent Offices in Europe have recognized our technology innovation and awarded us patent protection as we expand sales and distribution of TUT Fitness products throughout Europe.” said Aaron Fader, Chief Product Officer for TUT Fitness Group.

        • The inner workings of ARIPO [Ed: ARIPO has tactlessly associated itself with the corrupt EPO]

          The examiners of ARIPO also have cited documents mentioned in a correspondent Supplementary European Search Report (ESR), which is drafted by the European Patent Office (EPO), when this regional office is not the International Search Authority during the Chapter I of the PCT.

        • Review of VLSI Patents in Intel Fight Seen Enticing ‘Opportunists’ [Ed: Author is a longtime 'media operative' of patent maximalists]

          An administrative tribunal’s decision to accept validity challenges to VLSI Technology LLC patents supporting a $2.18 billion verdict against Intel Corp. invites profiteers to abuse the system, some attorneys warn.

          The Patent Trial and Appeal Board in recent weeks has agreed to review VLSI’s patents based on challenges brought by two entities—OpenSky Industries LLC and Patent Quality Assurance—that were formed weeks after the March verdict.

          Some attorneys fear the board’s willingness to institute inter partes review creates an incentive for opportunistic entities to emerge after a large verdict in hopes of getting paid off.

        • IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

          S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew of the smaller business for years before suing.

          On Feb. 3, lawyers for S&P Global Inc. are scheduled to request that U.S. District Judge Richard Andrews turn down a dismissal bid from S&P Data LLC and its affiliates that takes aim at the Delaware state law claims raised in S&P Global’s trademark suit, which was filed against the call service business in…

        • The curious case of xenobots part 1 – Patenting of living machines [Ed: Insanely dangerous agenda, promoted by a firm of liars who promote illegal and unconstitutional agenda including UPC. Nobody will hold them accountable for the lying etc. Nobody will even disbar them as they're part of "the system"...]
        • Canada: The Curious Case Of Xenobots Part 1 – Patenting Of Living Machines [Ed: When they're done misleading politicians (or bribing them) into allowing patents on every thought and idea they'll also try to make the claim life and nature are "inventions" and they too should become monopolies (seeds, plants, pigs, now "Living Machines")]

          Since the 1970s when genetically-engineered bacterium capable of breaking down crude oil was held to be patentable subject-matter,1 much attention has been paid to the patenting of living inventions. This topic continues to elicit passionate responses. The curious case of xenobots, which are living machines assembled from frog cells, highlights some of the challenging questions living inventions pose to the patent system. The potential of xenobots is enormous, including use as a novel vehicle for intelligent drug delivery. At the same time, xenobots raise important questions regarding the patenting of living inventions.

        • The Curious Case Of Xenobots Part II – AI-Assisted Inventions [Ed: Patent fanatics leveraging buzzwords like "Hey Hi" in an effort to endlessly expand patent scope, for no purpose other than self-service (at everyone's expense)]

          Laboratory experimentation often invokes images of scientists in white lab coats and bubbling flasks. However, the rapid advancement of computational techniques and computing power have significantly changed how research and development occurs in the 21st century. Artificial intelligence (“AI”) now allows researchers to conduct experiments by computer modeling or simulation (i.e. in silico), with those computer-implemented experiments being integral to the conception or reduction to practice of a related “AI-assisted invention”. Xenobots are one such AI-assisted invention. Xenobots are living machines made from frog cells (Xenopus laevis) and developed with the assistance of an evolutionary algorithm. When individual frog skin and heart muscle cells are removed from their native embryonic microenvironments and reassembled in a specific fashion, they form xenobots with a functional morphology that exhibits distinct behaviours from the genomically specified default. Xenobots have shown to exhibit coordinated locomotion via cilia present on their surface. They can navigate aqueous environments in diverse ways (including swimming and walking), heal after being damaged, show emergent group behaviors, and reproduce (by kinematical replication). See our earlier publication: The Curious Case of Xenobots Part I – Patenting of Living Machines.

        • MBHB – Patently-O Exclusive Sponsor[Ed: Dennis Crouch once again admits that he’s owned and controlled by patent extremists (for anyone who still think it’s just some ‘scholar’)]
        • USPTO News Briefs [Ed: USPTO still helps COVID-19 spread further anf mutate by granting patent monopolies on vaccines as a matter of priority ]

          In a Patent Alert email distributed earlier today, the U.S. Patent and Trademark Office announced that an updated First Office Action Estimator online tool is now available to Applicants for use in obtaining time estimates for the issuance of first Office actions in applications. The updated First Office Action Estimator online tool can be accessed here.

          In announcing the availability of the updated tool, the Office noted that the methodology for assigning patent applications to Examiners had changed in FY 2021, and as a result, the First Office Action Estimator tool was updated to account for the new methodology. The Office also noted that the estimates provided by the First Office Action Estimator are not guaranteed, and that a first Office action estimate will not be available for an application if the application has not yet been classified under the Cooperative Patent Classification (CPC).

          [...]

          In a notice published last month in the Federal Register (86 Fed. Reg. 74406), the U.S. Patent and Trademark Office announced that it was extending the modified COVID–19 Prioritized Examination Pilot Program, and that requests to participate in the pilot program would be accepted until March 31, 2022. The pilot program, which was implemented in May of 2020, allows applicants that qualify for small or micro entity status to request prioritized examination without paying the fees typically associated with such prioritized examination (see “USPTO Announces COVID-19 Prioritized Examination Pilot Program”).

          In addition to the requirement that applicants qualify for small or micro entity status, the claims of a participating application must cover a product or process related to COVID–19, and such product or process must be subject to an applicable FDA approval for COVID–19 use. Such approvals may include, for example, an Investigational New Drug (IND) application, an Investigational Device Exemption (IDE), a New Drug Application (NDA), a Biologics License Application (BLA), a Premarket Approval (PMA), or an Emergency Use Authorization (EUA). Other requirements for participating in the pilot program include making the request at the time of filing of a non-continuing original utility or plant nonprovisional application; at the time of filing of an original utility or plant nonprovisional application claiming the benefit of an earlier filing date under 35 U.S.C. §§ 120, 121, or 365(c) of one prior nonprovisional application or one prior international application designating the United States; or at the time of filing or after the filing of a Request for Continued Examination of a plant or utility application or a national stage of an international application. However, any application that claims the benefit of the filing date of two or more prior filed nonprovisional U.S. applications or international applications designating the United States under 35 U.S.C. §§ 120, 121, or 365(c) is not eligible for participation in the pilot program. In addition, requests to participate in the pilot program must include an Application Data Sheet, be made via the Office’s patent electronic filing systems (EFS-Web or Patent Center), and qualifying applications cannot present more than four independent claims, more than 30 total claims, or any multiple dependent claims.

        • Harrity Analytics Releases List of Top 100 Colleges, Universities & Institutes Receiving Patents in 2021 [Ed: Measure of monopoly or university size, not much else; the goal here is to glorify the patent cult]

          Following the release earlier this month of its annual list of the top 300 organizations receiving U.S. utility patents (which Harrity Analytics compiles with the Intellectual Property Owners Association (IPO)), Harrity Analytics announced the release of its 2022 College, University & Institute Patent 100 earlier today. Harrity Analytics notes that the 2022 list is a compilation of the top 100 colleges, universities, and other educational institutes based on the number of issued U.S. patents those entities received in 2021.

          Patent Docs readers may recall that we have reported on a similar list of the top 100 worldwide universities receiving U.S. utility patents that has been published annually by the National Academy of Inventors (NAI) and the Intellectual Property Owners Association (IPO). Over the past few years, the NAI/IPO list has been released in the summer. Our report on the 2020 NAI/IPO list can be found here.

        • Daniel Voß most popular patent judge in Germany [Ed: Very unscientific way to judge the judges; patent litigation giants favour judges who benefit them financially]

          JUVE Patent asked international patent experts from companies and patent law firms for their favourite judges for patent infringement cases in Germany. Daniel Voß, presiding judge of the Düsseldorf Patent Chamber 4b, came top with 12.7% of the votes. Thomas Kühnen, presiding judge of the 2nd Civil Senate at the Higher Regional Court Düsseldorf, follows closely.

        • JPO must stay neutral in its SEP policy review, urge sources [Ed: See this]

          Stakeholders have high hopes for the JPO during a review of Japan’s licensing guidelines, even as the economy ministry leans towards implementers

        • Software Patents

          • Checking Essentiality within Access Advance – An HEVC Case Study [Ed: Jennifer Gallagher on going after fake patents such as software patents]

            Many patent holders and pools designate their patents as relevant or essential to a standard without proper scrutiny or analysis. As part of an ongoing series examining this dubious practice, we highlight U.S. Patent 10,575,014. The ‘014 patent is owned by the Electronics and Telecommunications Research Institute (ETRI) and Korea’s Kyung Hee University. The ‘014 patent is purportedly essential to the H.265 (HEVC) standard as part of the Access Advance Patent Pool and it is part of a family of at least 30 applications globally. It should not be considered essential.

            The ‘014 patent is directed to the encoding/decoding and partitioning/reconstruction phases of video coding. Generally, instead of transmitting every frame (i.e., image) of every video, including its corresponding data, the encoder and decoder will each generate a prediction of the image and only transmit the difference between the prediction and the original image (i.e., the residual). The decoder will then use its prediction (and the residual, if one was sent) to reconstruct the image.

          • MPEG LA announcement of VVC patent pool: major patent holders still undecided, fragmentation of licensing landscape potential impediment to adoption [Ed: MPEG LA has a new patent extortion ploy or cartel based around bogus software patents in large quantities]

            I’ve recently written about Access Advance’s High Efficiency Video Coding (HEVC, H.265) pool (one post discussing the logic of the recent Dusseldorf ruling against Access Advance, and another on how the problem appears to persist).

            Today there’s an announcement (PDF) by a more reputable pool administrator, MPEG LA, of a Versatile Video Coding (VVC, H.266) pool. So let’s look at VVC, but start with Access Advance, which was first to announce its initial group of licensors.

            On its homepage, Access Advance says about its VVC Advance Licensing Program that its terms are FRAND, “providing rates that balance both Licensor and Licensee interests and complying with worldwide laws applicable to patent pools.” (emphasis added) The highlighted part of that quote is “rich.” I mean, either they haven’t read their own website in a while or they still haven’t read the writing on the Dusseldorf court’s wall.

            The only patent pool administrator (to the best of my knowledge) to license patents (HEVC in that case) on terms that a court even thought entitled unlicensed implementers to damages is not in a great position to assist the rest of the world with FRAND compliance. It happened to them in a court in which MPEG LA had dozens of successes, and still has a clean white shirt when it comes to FRAND.

            [...]

            While VVC Advance–by virtue of being early and not having to poach MPEG LA licensors–may be able to avoid some of Access Advance’s HEVC-related FRAND problems, my concerns are still structural. The unfair refund terms are not the root cause of their problems. The fundamental issue is that Access Advance optimizes all of its terms for the purposes of its four owners, only one of which (Dolby) appears on IPlytics’s list of 21 major VVC patent holders. If they operated their pools more independently and transparently, they could also have acted more constructively with respect to refunds. But the cut taken by Access Advance and those special deals with companies who are both licensors and major implementers (like Samsung) complicated everything. In some other way, shape or form, that root cause may lead to problems–if not for Access Advance, then at least for the standard in question.

            It’s a rhetorical question which of these two patent pool administrators has always understood (and which one still doesn’t seem to realize) that if licensing terms are reasonable, a standard is more likely to be adopted by many implementers, which in turn makes the licensing revenue cake bigger for patentees than a scenario of high fees and low adoption.

          • $2,000 for Guzik Technical Enterprises prior art

            On January 28, 2022, Unified Patents added a new PATROLL contest, with a $2,000 cash prize, seeking prior art on at least claim 1 of U.S. Patent 7,221,220. The patent is owned by Guzik Technical Enterprises, an NPE. The ’220 patent generally relates to a method for low-frequency bypassing in broadband RF circuitry.

          • Germany: Whitelist October To December 2021 [Ed: These boards are rigged]

            In the 4th quarter (October to December) of 2021, only 2 positively decided cases were added to our knowledge base in which relevant aspects of the claimed-subject-matter were considered technical. For those who do not have the time to read all of our selected decision, in the following, we will briefly summarize these cases.

            T 2010/17: Selection of an available memory size

            The application underlying this decision relates to the configuration of circuits. More specifically, a configuration can be locked and protected by a signature.

            The feature of “generating a signature representative of the selected memory size by the integrated circuit” was considered technical by the Board in charge. However, the Board also ruled that this feature is rendered obvious to the skilled person.

          • FOSS Patents: Access Advance pool doesn’t really intend to solve duplicate-royalty problem: video codec implementers remain victims of unfair licensing scheme

            This is a follow-up to ‘Access Advance’ patent pool can rename itself ‘Suffer Setback’ after Dusseldorf court ruling: flagrant FRAND abuse concerning video codec patents. In the previous post I discussed the logic of the Dusseldorf Regional Court’s holding that certain Access Advance licensors owe Vestel damages for FRAND abuse, and cannot obtain injunctive relief against the Turkish TV manufacturer.

            Weeks before I commented on this, Access Advance already sent an email to its existing and prospective partners, claiming that the outcome of the Dusseldorf cases was largely a win (as all of the asserted patents were deemed essential to the HEVC standard), and the denial of injunctive relief was disappointing but based on a narrow holding, which according to Access Advance wouldn’t even have come down if a recent change to its Duplicate Royalty Policy had been made before–not after–trial.

      • Trademarks

        • Chanel is reminded: trademark territoriality still matters

          Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court.

          On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. 5 perfume bottle. The international registration of the given trademark is valid as of 1980; the Lithuanian designation was made in early 2014.

          The application had been rejected by the Patent Bureau, and by three instances of the Lithuanian courts. From this, Chanel filed the appeal to the Supreme Court, which considered registrability both in terms of (1) ab initio distinctiveness, and (2) acquired distinctiveness. (Interestingly, unlike in Lithuania, protection for this trademark was granted successfully in other jurisdictions, such as Latvia and Poland, in which the request on designation was also submitted in 2014.)

        • TTAB Posts February 2022 (Video) Final Hearing Schedule

          The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten (10) oral hearings for the month of February 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.

          [...]

          February 3, 2022 – 2 PM: In re Artsana S.p.A., Serial No. 79233670 [Section 2(d) refusal of the mark COONTROL for, inter alia, massage gels other than for medical purposes and sexual stimulant gels, and for "condoms; adult sexual stimulation devices and sex toys comprised of vibrators; artificial vaginas; love dolls, namely, sex dolls; sex toys; benwa balls; artificial penises, being adult sexual aids" on the ground of likelihood of confusion with the registered mark MAX CONTROL for "medicated, desensitizing preparation for sexual performance."]

        • How FIFA influenced Qatar IP law for the World Cup [Ed: There is no such thing as "IP" or "IP law"; the self-described "managing IP" is just putting a misleading, false slant on trademark law]

          Staging the World Cup has spurred a major commitment to IP enforcement, sources at FIFA and Qatar’s organising committee tell Managing IP

        • TTAB Finds LUKUMADES (Stylized) Merely Descriptive of Donuts and Food Services, But Not Jams and Jellies

          Loukoumades are Greek pastries consisting of fried dough balls soaked in honey syrup and topped with cinnamon or walnuts. Close enough for the Board to uphold a mere descriptiveness refusal of the mark LUKUMADES in the stylized form shown below, for “doughnuts; pastry; crepes; confectionery flavored ices; chocolates; chocolate syrup; topping syrup; pancake syrup; honey; candy; coffee; tea; cocoa; cocoa products, namely, cocoa powder, cocoa spreads, cocoa drops, cocoa biscuits; cocoa mixes; fruit sauces; dough mix; dairy ice cream, ice milk and frozen yogurt” in International Class 30, and for “services for the preparation of food and drink; services for providing food and drink” in International Class 43. However, the Board reversed the same refusal as to the applicant’s Class 29 goods: “yogurt drinks; beverages made from or containing milk; butter; milk; prepared fruits; fruit jellies; jams; milk products excluding ice cream, ice milk and frozen yogurt; dairy puddings, namely, white pudding.” In re Lukumades AGD Limited, Serial No. 88844592 (January 25, 2022) [not precedential] (Opinion by Judge Christopher Larkin).

        • Volkswagen is a happy camper as BoA upholds its EU trade mark opposition

          3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. The recent decision of the EUIPO’s Board of Appeal may provide some comfort.

          In its decision, the BoA considered whether two 3D trade marks could block an application for a figurative mark containing a similar representation of one of the perspectives. Ultimately, it decided that they could, disagreeing with the EUIPO’s Opposition Division [Opposition Division decision here, BoA decision here].

        • Hip Hop & IP- Two Of My Favourite Subjects [Ed: He actually means trademarks, not "IP" (no such thing), and he works for a convicted law firm that pushes an illegal agenda all around Europe]

          As a fan of early 90s hip hop, I have noticed over the years that the pioneers of this art form are acutely aware of the power of their brands and their ability to generate revenue streams via a myriad of uses.

          It’s no surprise to see that Snoop Dogg has recently filed a US trade mark application to register the term SNOOP DOGGS for hot dogs. Snoop Dogg also owns registrations for the terms SNOOP DOGGIE DOGGS, for a range of pet products; SNOOP YOUTH FOOTBALL LEAGUE, for an American Football youth program; and SNOOP JUICE, for a range of non-alcoholic beverages.

        • EU General Court upholds finding of partial invalidity of the Moon Boot shape trade mark

          Can something be simultaneously iconic and lack distinctiveness under trade mark law?

          Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group, concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots.

          Inspired by the boots worn by Neil Amstrong to walk on the surface of the Moon in 1969, the Moon Boots were the first, dedicated after ski footwear. Since then, over 20 million pairs have been sold. The Moon Boots have been also displayed in world-class museums like the MoMa and the Louvre.

          [...]

          Readers might recall that, last summer, The IPKat reported on the then fresh GC decision relating the Guerlain’s Rouge G lipstick shape mark and regarded it as offering some hope for those seeking to register less conventional signs. In that case, in fact, the Court found that the shape at issue satisfied the significant departure test and could be therefore registered. Last week’s Moon Boot decision brought us back to (a non-distinctive) reality, adding to the (long) list of (in)success stories.

          Another interesting aspect of the Moon Boot saga is that, while the trade mark registration has been regarded as partly invalid, Italian courts have, on different occasions (including in the context of the aforementioned Venice decisions), found that the iconic after ski footwear is deserving of copyright protection. Most recently, this is what the Milan Court of First Instance held (Trib. Milano, Tecnica Group S.p.A. v Diana S.r.l., decision No 493/2021, 25 January 2021) in a copyright infringement case – decided nearly a year ago – that Tecnica successfully brought against the maker of Chiara Ferragni-branded after ski boots. In any case, the requirements for trade mark registration and copyright are and remain obviously distinct. Last week’s GC decision also provides an indirect reminder in this sense.

        • CAFC Denies Rehearing, Slightly Modifies Brooklyn Brewery Opinion; Professor McCarthy Not Impressed

          On January 18, 2022, the CAFC denied Appellant Brooklyn Brewery’s petition for panel rehearing and rehearing en banc in the recent Brooklyn Brewery case. [CAFC opinion here; denial of rehearing here], in which the court held that the Brewery lacked Article III standing to challenge the Board’s ruling on likelihood of confusion involving non-competing goods. On that same day, the court issued an “Errata” page [pdf here] making two changes in one sentence in the opinion, as set out below. Professor McCarthy criticized the court’s stance regarding Article III standing [TTABlogged here]. Do the two changes made by the CAFC make any real difference? Professor McCarthy remains unimpressed.

        • TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness

          In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for “handbags,” finding the design to be generic and, alternatively, lacking in acquired distinctiveness: “Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and … Applicant’s proposed mark is at best a minor variation thereof.” The applicant’s alternative Section 2(f) claim failed due in part to the same lack of exclusivity of use. In re Jasmin Larian, LLC, Serial No. 87522459 (January 19, 2022) [not precedential] (Opinion by Judge Martha B. Allard).

          [...]

          Genericness: Generic product designs cannot be registered. See, e.g., Stuart Spector Designs, Ltd. v. Fender Musical Instruments, 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). “[C]ourts exercise particular caution when extending protection to product designs because such claims present an acute risk of stifling competition.” A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused “on the ground that the proposed mark fails to function as a mark.” [Genericness may be thought of as a form of "failure-to-function" - ed.]. There was no dispute that the genus at issue is “handbags” and the relevant consumers are the general public – i.e, ordinary consumers who purchase handbags. The issue, then, was the primary significance of the proposed mark.

          Applicant has sold its “Ark” bag since January 2013, with sales increasing sharply in 2017. The evidence included third-party bags sold prior to 2013, commentary regarding handbag designs, articles about fashion, the applicant’s own acknowledgement that its design is a copy of a common design, Internet postings, and third-party handbags sold after the applicant’s Ark bag was introduced but before it became popular. “The record shows that third-parties offered identical or nearly identical handbags for sale in the United States prior to Applicant’s first use date.”

        • Trademarks in Turkey [Ed: Well, there’s a long way to go before it’s treated as a system with integrity]

          The Industrial Property Law No. 6769 (the Industrial Property Law) became the primary legislation on trademarks after it was published in Official Gazette No. 29944 and came into force on 10 January 2017. Previously, Decree-Law No. 556 on Protection of the Trademarks (the abolished Decree-Law) was in force from 1995 until 10 January 2017 when it was abolished. After the Industrial Property Law came into force, trademarks began to be regulated under it, including patents, designs and geographical signs. Although there are crucial changes in the new Law, there are still particular provisions of the abolished Decree-Law that remain in effect.

        • How judges and lawyers are coping with court backlogs this year [Ed: When patent extremists buy the law, change the law, and then stack the courts; the courts cannot keep up with "demand"... for litigation. We know who pays the price and for whose gain/s.]

          Remote hearings and forum selection can help parties tackle backlogs, but they aren’t perfect solutions

        • Carestream Continues Drive to Improve Image Quality and Workflow With 45 Patents in 2021 [Ed: They wrongly insinuate that it is the patents which improve the image quality; these are likely just bogus software patents, spun as "Hey Hi"]

          Carestream Health was awarded 45 new patents in 2021 for global advances in artificial intelligence (AI), digital radiography (DR) workflow and detectors as well as other healthcare imaging technology areas. Twenty-three of the patents were awarded by the U.S. Patent and Trademark Office, while an additional 22 patents were received in European and Asian countries.

        • Australian Patent Filings Up in 2021, Aided by Innovation Patent’s Demise [Ed: How is this a good thing? What is the actual purpose of patent law? Granting as many monopolies as feasible? Who gains from it? Don't ask patent attorneys to be honest about it...]

          The number of standard patent applications filed in Australia exceeded 30,000 for the first time in 2021, increasing by nearly 3.6% over the previous year, and following on from two successive years of decline. Growth was driven primarily by direct national filings, with PCT national phase entry (NPE) filings up by less than 1% on 2020. Standard application filings by Australian residents experienced particularly strong growth, increasing by 21% over 2020 numbers, while applications by foreign residents grew by just 2%.

          At first blush this looks like good news for Australian applicants, and thus for innovation in Australia. But the headline figures conceal a distorting influence on filing behaviour in 2021, namely the phasing out of the innovation patent system. It was entirely predictable that thousands of new innovation patent applications would be filed in the weeks leading up to the final deadline of 25 August 2021. What might have been less obvious is that the beginning-of-the-end of the innovation patent system would also lead to a spike in filings of new standard patent applications. Australian residents, in particular, filed more than six times as many direct standard applications in August 2021 as compared with a ‘normal’ month, accounting for a majority of the overall growth in resident filings for the year. All of these applications with a filing date on or before 25 August 2021 are able to provide a basis for future divisional innovation patent filings, for as long as they remain pending, and up to the final expiry date of the innovation patent system on 25 August 2029.

        • General Court to decide whether consumables are component parts of complex products (T-617/21) [Ed: The EUIPO’s Board of Appeal is run by cronies and cheaters, who would certainly rig cases for personal gain]

          The EUIPO’s Board of Appeal recently addressed whether consumables shall be regarded as component parts of complex products (R2843/2019-3). The BoA decision has been appealed, so the General Court (and potentially, the Court of Justice) will provide guidance as to whether consumables fall under the scope of Art. 4(2) Design Regulation. In the meantime, this Kat explains, why consumables matter.

          The decision in R2843/2019-3 concerned an invalidity application brought against Community design No 1 292 122-0001. The design (to the right) depicts an electrode for a plasma- cutting torch and is registered for “Welding torches (part of -)”. The invalidity applicant argued that the electrode is a component part of a complex product (the plasma- cutting torch). Because it is invisible during normal use of the torch, the invalidity applicant claimed that the visibility requirement set out in Art. 4(2) is not met.

          In turn, the design holder argued that Art. 4(2) was not applicable to consumables. This is because they are to be treated separately from component parts and the electrode is a consumable.

          Design Regulation 6/2002 includes a special category of products protected by design rights, namely, a complex product (e.g., a car or a lawnmower). Under Art. 4(2), a component part of a complex product shall only be protected by design rights, if, once incorporated into the complex product, it remains visible during normal use of the latter. Examples of component parts of complex products include vacuum cleaner nozzles or a mop head. If such component parts are not visible during normal use (for instance, when mowing a lawn), design protection is not available.

          [...]

          The EUIPO BoA sided with the design holder, affirming that consumables are not component parts of complex products (similar reasoning was later relied on in a case concerning vacuum cleaner bags). According to the BoA, the main criterion for distinguishing a consumable from a component part is whether a product would be considered “complete” without it. According to the example given in the decision, if the trigger of the torch is missing then the torch would be considered “broken” and would require repair.

          However, if a torch lacks an electrode, it would not be considered “broken”, rather the electrode would simply need to be replaced. An electrode being a consumable, the requirement of visibility in normal use is not applicable to it. Thus, the BoA found the contested design valid.

        • MEP rejections could compromise DSA future: counsel [Ed: When they say "brand owners" they mean "our sponsors"; they don't care 1) what the general public things and 2) how this affects the general public]

          After amendments were defeated, one by a single vote, brand owners say the chances of securing much-needed changes are “close to impossible”

      • Copyrights

        • Using that classic piece of art on a book cover: Grr… [Ed: Copyrights do expire, you know...]

          Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the “classical”, the artwork also seeks to evoke a more specific connection with the contents of the book.

          “You can’t judge a book from its cover”. True, except when a book and its cover are involved. Consider the following book cover of the Penguin Classics edition of Jane Austen’s novel, “Mansfield Pak”.

          [...]

          So why this picture? It is meant to suggest Fanny Price, who is the hero of the novel. Both Fanny Price and Eugénie-Pamela Larivière are about the same age from the same time period (early 19th century); Fanny Price is located in England, while Eugénie-Pamela Larivière, the sister of the artist, is in France. Fanny Price in the novel is not considered especially attractive (although this perception does change as the novel progresses). All and all, the countenance of Eugénie-Pamela Larivière on the cover comports with the character of Fanny Pride in the text, sending a coherent message to the reader.

        • Artificial Intelligence and Intellectual Property: what next for the UK? [Ed: There is no such thing as "Intellectual Property" (misnomer) and "Hey Hi" is just hype; they need to be more specific, as if they speak about copyrights, then that's one thing; patents are another]

          There is still time to provide input to the UKIPO on copyright protection of computer-generated works, copyright exceptions for text and data mining and AI inventorship of patents as the government bids to make Britain a global AI superpower within the next ten years.

          The UK Intellectual Property Office is conducting a consultation on artificial intelligence and intellectual property (the Consultation). In light of the Government’s call for views on the interaction between AI and IP (March 2021), the consultation looks to help deliver on the long-term aims set out in the UK Innovation Strategy (July 2021) and the National AI Strategy (September 2021). There is still time to contribute to the consultation as the closing date for submissions is 07 January 2021. The government will then publish a response document in due course.

        • Exclusive: Peppa Pig targets cartoon wolf for ‘deceiving viewers’ [Ed: So they think they 'own' the perception associated with some character and then use copyright and trademark laws?]

          Managing IP can exclusively reveal details of the case, including those related to the claims of damaged goodwill and copyright and trademark infringement

Toothless Tiger Threatens Bloggers, Says It’s Defamatory to Say That It Threatens Bloggers

Posted in Deception at 1:44 pm by Dr. Roy Schestowitz

Video download link | md5sum 8f9188d624d55af7e719947712f71818
Self-Contradicting SLAPP
Creative Commons Attribution-No Derivative Works 4.0

Summary: The egotistic Tiger Computing Ltd has decided to go ‘full Rambo’ on critics; these people clearly do not understand the law, nor do they respect freedom of expression

ONLY a few days after this explosive series had begun and we had received takedown threats (which we discussed many times before) the letter that we never mentioned before got sent to our host, threatening that legal action would taken over truly factual claims (that some aggressive and apparently military- or spy-connected firm is being very aggressive). The messages are laughable and inherently self-contradicting for many different reasons. The video above only scratches the surface; a specialised lawyer would likely be able to come up with dozens of different reasons why those letters are legally invalid. Yes, dozens. I’ve made no efforts to enumerate the reasons, but I can come up with almost a dozen myself.

“Don’t they realise that each time they fire off these sorts of threats they only make things even worse for themselves?”So they tried copyright first (same thing patent trolls had tried before against us) and then some other clumsy angle. Also, they clearly disprove themselves on SLAPP by doing exactly that. They’ve done that to multiple people. They’re like a “repeat offender”.

Notice how they’re getting all aggressive very quickly, like the GCHQ destroying hard drives and computers of journalists who study the GCHQ’s abuses at home and abroad. Why are such managers so tactless if not outright foolish? Don’t they realise that each time they fire off these sorts of threats they only make things even worse for themselves? One of the reasons or the motivations for covering EPO corruption so routinely is
Benoît Battistelli‘s addiction or obsession with hiring British law firms, looking to intimidate his critics.

Classic ‘Team UPC’: This Year Becomes “Next Year” Yet Again

Posted in Deception, Europe, Patents at 11:48 am by Dr. Roy Schestowitz

Recent: Flashback: Team UPC in 2014 Saying UPC Would Start Next Year (2015) | [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation) | [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

McDermott Will and Emery UPC in 2023

UPC in 2023

AA Thornton: UPC in 2023

Summary: We urge readers to see the deja vu, having somewhat of a flashback moment because Team UPC firms (with a conflict of interest) have long made false predictions, which nevertheless help them sell unicorns to prospective clients (as EPO President Benoît Battistelli repeatedly said “unitary” EPs would start “next year”)

Shuffling the EPO Deck to Cover Up Crimes, EPC Violations, Attacks on Judges Etc. While Promoting Illegal and Unconstitutional UPC

Posted in Courtroom, Europe, Law, Patents at 11:14 am by Dr. Roy Schestowitz

Video download link | md5sum 582a648bada7f2fb47bba3d33ddab881
EPO Revisionism and Shuffle
Creative Commons Attribution-No Derivative Works 4.0

Summary: EPO restructuring to look more like a private corporation isn’t unprecedented; but unlike a private corporation it has a total monopoly (granting authority status is a monopoly for Europe) and even diplomatic immunity, so what we deal with here is a fascistic monster that casually breaks the law, commits violations of European constitutions, and even attacks the courts themselves

HAVING published Daily Links at around midday, we’ve already included a sample of this past week’s propaganda about UPC. We’ll do more of the same tonight (the second batch of Daily Links) and maybe tomorrow morning, showing the truly disturbing degree of misinformation and promotion of illegal things by so-called ‘law’ firms. It’s almost always about money, never about justice or about science. The EPO passes money around, sending it down the toilet.

“The short story is, the EPO is once again aiming to confuse and diffuse, in essence writing the history of EPO crimes and changing job titles to potentially impede/curtail any post mortem (forensics) of the EPO’s demise (abandonment of EPC).”In the video above I focus on this new article from Dr. Thorsten Bausch, a patent attorney who has long complained about EPO abuses, both under Benoît Battistelli‘s term and the 3.5 years of António Campinos. Both of them break the law, lie, and tarnish the reputation of Europe (or EU). This, in turn, harms the union and seeds disharmony. Worth reading are the comments on this article (translations are available in German and French), which I go through in the video above.

The short story is, the EPO is once again aiming to confuse and diffuse, in essence writing the history of EPO crimes and changing job titles to potentially impede/curtail any post mortem (forensics) of the EPO’s demise (abandonment of EPC). The guilty parties are perhaps focusing on optics in anticipation of formal investigations if not legal complaints/lawsuits. Yes, the EPO has a lot coming its way.

Let's do the shuffle

Links 30/1/2022: Nitrux 2.0 and IPFire 2.27 – Core Update 163

Posted in News Roundup at 6:47 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Server

    • Audiocasts/Shows

    • Kernel Space

      • Graphics Stack

        • Valve’s tweaking Linux drivers to squeeze more battery life out of the Steam Deck on SteamOS 3.0

          Valve engineers have been beavering away to try and improve the Steam Deck’s battery life ahead of its impending launch on February 25. In order to achieve this, its Linux devs have been making changes to the open-source Radeon Vulkan (RADV) driver, which the Steam Deck uses to control variable rate shading.

          Currently under review, the driver changes could help the Steam Deck battery last longer than first anticipated, and even give the much-anticipated, handheld gaming device a handy performance boost in supported games.

          Variable Rate Shading (VRS) is a wonderful thing when implemented properly. It gives developers intricate control over how intensely the shading is implemented for each portion of the screen, or frame region. That means it doesn’t need to put so many GPU resources into rendering parts of the scene that don’t change, or that the user isn’t really paying attention to.

          It’s easy to break down when you look at something like a racing game. Game devs will have it so the car and the road ahead use a higher shading rate than that of the road behind, or anything off at the edge of the screen. Basically, for anything you’re not going to be staring intently at, the devs will try to save processing power by making it less of a priority for the graphics card’s precious resources.

          The upshot of this is that you could get higher frame rates because the GPU isn’t being so hammered by a particular game, or if the frame rates are locked you could get lower power use, and therefore longer battery life in a handheld like the Steam Deck.

    • Applications

      • Best Free and Open Source Alternatives to IBM Db2 Database – LinuxLinks

        International Business Machines Corporation (IBM) is an American multinational technology corporation headquartered in Armonk, New York. They sell computer hardware, middleware and software employing over 370,000 people.

        IBM acquired Red Hat in 2019. But you can trace IBM’s history of open source far further back. They were one of the earliest champions of open source, backing influential communities like Linux, Apache, and Eclipse, advocating open licenses, open governance, and open standards.

        IBM also collaborates with Linux organisations. For example, IBM works with Ubuntu in areas like containers, virtualization, Infrastructure-as-a-Service, big data analytics and DevOps to provide reference architectures, support solutions and cloud offerings, both for enterprise data centres and cloud service providers.

    • Instructionals/Technical

      • How to install Puppet on RHEL 8/CentOS 8

        Puppet is a software configuration management tool which includes its own declarative language to describe system configuration. It is a model-driven solution that requires limited programming knowledge to use.

        Puppet is available for Linux, Mac, BSD, Solaris, and Windows operating systems. It is written in “Ruby” language and released under Apache License.

      • Install Vivaldi Browser on elementary OS 6.0/6.1 – LinuxCapable

        Vivaldi is a freeware, cross-platform web browser developed by Vivaldi Technologies. It had grown from the downfall of Opera with many disgruntled when it changed from the Presto layout engine to a Chromium-based browser. This platform angered traditional Opera users. Since then, Vivaldi has become one of the most popular alternative Internet Browsers amongst the big three Chrome, Firefox, and Edge.

        Vivaldi promotes itself as a leading browser with faster navigation, clever bookmarking, more intelligent browsing, extensive tab management, and a more visual approach.

      • Install Opera Browser on elementary OS 6.0/6.1 – LinuxCapable

        Opera is a freeware, cross-platform web browser developed by Opera Software and operates as a Chromium-based browser. Opera offers a clean, modern web browser that is an alternative to the other major players in the Browser race.

        Its famous Opera Turbo mode and its renowned battery saving mode are the best amongst all known web browsers by quite a margin, along with a built-in VPN and much more.

      • Install Visual Studio Code (VS Code) on elementary OS 6.0/6.1 [Ed: But this is proprietary software and Microsoft spyware]
      • Install Atom Text Editor on elementary OS 6.0/6.1 [Ed: Also Microsoft. There are better text editors for code out there...]
      • Install Linux Kernel 5.16/5.4 on AlmaLinux 8 – LinuxCapable

        Almalinux, as many know, is a downstream version of RHEL, which often means it is incredibly stable but usually has very outdated packages in terms of features and not security updates. Currently, Almalinux features kernel 4.18, but for some users, they may require a more recent kernel for purposes of better hardware compatibility, amongst many other things.

        ELREPO has both Linux Kernel Mainline LTS versions. The mainline version is the most recent stable release of the Linux Kernel, and the current LTS Kernel they are supporting is 5.4.

      • Increase DNF Download Speed Fedora Linux 35 – LinuxCapable

        Fedora Linux users may notice, compared to some other distributions, that the DNF download speed can be slow, this can be frustrating when you need to download and install a large number of packages which can occur regularly given how Fedora pushes new packages updates given the type of distribution it is.

        Most users do not realize that a few minor tweaks to some configuration files can increase your download speed immensely. In the following tutorial, you will learn how to configure and increase your DNF update/upgrade package manager speed on Fedora Linux 35 Workstation or Server.

      • HAProxy server container Podman fast 100% easy

        HAProxy a load balancer. A load balancer handles more web traffic to avoid downtime. It receives traffic from the Internet or your internal network load balancing an internal service and then forwards traffic to the web.

        The benefits of using a load balancer once deployed on multiple servers. The load balancer can relay traffic to grow your capacity to serve numerous clients without directly connecting to each server. HAProxy receives and forward traffic and then balances the load across your servers. This technique hedges against any of your servers failing since the load balancer can detect if a server becomes unresponsive and automatically stops sending traffic. HAProxy is used to balance the traffic to any number of web applications using a single configuration.

      • How To Change Current Runlevel in RHEL 8 /CentOS 8

        A runlevel is a mode of operation in the computer operating systems that implements Unix System V-style initialization. Conventionally, seven runlevels exist, numbered from zero to six. S is sometimes used as a synonym for one of the levels. Only one runlevel is executed on startup; run levels are not executed one after another (i.e. only runlevel 2, 3, or 4 is executed, not more of them sequentially or in any other order).

        runlevel defines the state of the machine after boot. Different runlevels are typically assigned (not necessarily in any particular order) to the single-user mode, multi-user mode without network services started, multi-user mode with network services started, system shutdown, and system reboot system states.

        The exact setup of these configurations varies between operating systems and Linux distributions. For example, runlevel 4 might be a multi-user GUI no-server configuration on one distribution, and nothing on another. Runlevels commonly follow the general patterns described in this article; however, some distributions employ certain specific configurations.

      • mdbook-pdf: A mdBook backend for generating PDF files – Hollow Man’s Blog

        mdBook allows you to create book from markdown files. It’s pretty much alike Gitbook but implemented in Rust. However, unlike Gitbook that supports using calibre for generating PDF, for a long time, mdBook doesn’t support generating PDF files natively, and supporting that is also not in their roadmap. Existing plugins (backends) such as mdbook-latex that utilize Tectonic as well as pandoc solutions will generate a PDF page that doesn’t unify with the existing mdBook generated HTML version. Considering these facts, I created a mdBook backend named mdbook-pdf for generating PDF based on headless chrome and Chrome DevTools Protocol Page.printToPDF.

        mdbook-pdf depends on Google Chrome / Microsoft Edge / Chromium. The generated page are pretty much alike the one you manually print to PDF in your browser by opening print.html or executing google-chrome-stable –headless –print-to-pdf=output.pdf file:///path/to/print.html, but with customization of PDF paper orientation, scale of the webpage rendering, paper width and height, page margins, generated PDF page ranges, whether to display header and footer as well as customize their formats, and more, as well as automation. It supports all the platform where Google Chrome / Microsoft Edge / Chromium would work. You can check samples of the generated PDF files in the Artifacts here (The Rust book collections generated in x86_64 Windows, macOS as well as Linux).

    • Games

      • Open source tools to make your Wordle results accessible | Opensource.com

        Wordle seems to be popping up everywhere across social media feeds. Wordle is a quick word game that you can play once daily, and you can easily share results with friends over social media.

        The aim of Wordle is to guess a secret word. To make a guess, enter a word, and Wordle displays the results of your guess in a grid of color-coded emoticons. Green indicates that a letter is in the correct location. Yellow indicates that the secret word contains the letter, but it is in the wrong location. And grey means that the letter isn’t in the word at all.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • New Year, New Job

          My new employer is Develer. Some of you might know it because they organize the annual QtDay. They also sponsor other conferences such as the italian Pycon and they are in general friendly to open source.

      • GNOME Desktop/GTK

        • GSoC 2021: GNOME Shell Screenshot UI

          Hello! I’m Ivan Molodetskikh, a computer science student from Moscow, Russia.

          I’ve been involved in GNOME starting from my GSoC 2018 project to port librsvg filters to Rust. Throughout the last year in GNOME I’ve been doing some work to reduce input latency in Mutter, the GNOME’s compositor (by implementing the presentation-time Wayland protocol and adding dynamic render time computation). I’ve also created two small apps, Video Trimmer and Identity.

          As part of this year’s Google Summer of Code, I’m implementing a new screenshot UI in GNOME Shell.

        • GNOME 42 Lands New Screenshot/Screencast UI – Phoronix

          Developed during Google Summer of Code last year was an updated screenshot and screen recorder user interface. That improved screenshot/screencasting UI was merged this week for GNOME 42.

          GNOME to this point allowed screen recording but via key combinations and not exposed via the GNOME Screenshot user interface. The keyboard-only screen recording initiation isn’t very user friendly and lacked various features found in alternatives. This new implementation for GNOME 42 provides screenshots and screen recording from a single user-interface that is part of GNOME Shell.

    • Distributions

      • New Releases

        • Nitrux 2.0 Launches with Linux Kernel 5.16, Better Hardware Support, and Visual Changes

          While continuing the monthly release cycle, Nitrux 2.0 is here as a major update to the systemd-free distribution that tweaks its KDE Plasma-based NX Desktop graphical environment to make it look more modern and usable.

          Probably the biggest change in this release is the implementation of the latest and greatest Linux 5.16 kernel series as default (XanMod) kernel. This brings top-notch hardware support, along with some goodies added by the Nitrux team, such as additional firmware for AMD GPUs and the latest Mesa 21.3.5 graphics stack.

        • IPFire 2.27 – Core Update 163 is available for testing

          Today, we are releasing the first Core Update of the year for testing. It comes with an improved Quality of Service based on CAKE and various bug fixes and a lot of package updates.

          CAKE is short for Common Applications Kept Enhanced and is the successor of CoDeL. It is an advanced queue management algorithm which aims to keep your internet connection snappy and fast.

          CAKE comes with a couple of benefits over its predecessor of which requiring less CPU resources, more accurate bandwidth shaping due to working with bytes instead of packets the most important ones. In our experiments in the lab we have found no notable differences for fast lines, but there is a notable improvement of VoIP call quality on slower or saturated lines.

    • Devices/Embedded

      • Open Hardware/Modding

        • Planar PCB Coils As An Alternative To Winding Transformers | Hackaday

          The video below the break makes for a handy primer on PCB coil construction, reminding the viewer that the turns need all to lie in the same direction as well as the importance of insulation between windings. There’s a discussion of the properties of a PCB coil in relation to the switching frequency, and once the transformer has been assembled, we see it hooked up to a power supply board for a test. What happens next may be familiar to seasoned transformer-winders; nothing works, and the transformer gets hot. In making the PCB he’s left some copper on each board which amounts to a shorted turn — cutting these allows the transformer to work perfectly.

        • Wappsto:bit GO – An ESP32 board with plenty of sensors, Micro:bit compatibility (Crowdfunding) – CNX Software

          Wappsto:bit GO is an ESP32 board compatible with BBC Micro:bit accessories thanks to a compatible edge connector, but adding WiFi to Bluetooth LE, and offering some extras compared to Elecrow Mbits ESP32-based BBC Micro:bit clone.

          The new board is notably equipped with a wider range of sensors including a light sensor, a magnetometer, and sound sensor beside the temperature sensor and accelerometer present in the original board, and it also exposes GPIO through a more traditional 2.54-pitch header to facilitate the integration of a wider variety of add-on boards.

        • [Arduino] Meowing Box Will Befuddle Your Friends | Hackaday

          If you don’t own a cat, hearing the sound of one meowing from somewhere in the house probably comes as quite a shock. The Cat Prank box built by [Reuben] promises to deliver such hilarity with aplomb.

          The idea is simple: hide the Cat Prank box in a cupboard or other space in a friend’s house, and it will meow from its secret location. When found, either the light sensor or motion sensor will trigger the yowling of an angry feline, with hopefully startling effects.

      • Mobile Systems/Mobile Applications

    • Free, Libre, and Open Source Software

      • Web Browsers

        • Here’s A List Of Best Browsers For Linux [2022 Edition] Check Now! [Ed: Shilling Microsoft's proprietary software today]

          One of the tough choices that you’ll have to make after installing an operating system is which web browser to use. Only a few elegant ones with highly useful features stand out in the never-ending ocean of browsers article. If you choose to go with Linux as your primary operating system, in this article, let’s look at some of the best browsers for Linux.

          Before we begin, the browsers mentioned in this list are not in the best to worst order or vice versa. All of them are excellent browsers, and you may want to try a couple of them before settling with one.

        • Mozilla

          • Is it worth using Firefox ESR on a daily basis? – LinuxStoney

            Although it is true that it is not in its best days, Firefox is one of the most important web browsers in the computing sector. This ranks third in the ranking of the most used browsers, behind Chrome and Edge, and thanks to it we can browse with greater privacy and using open source software. As with any program, it is important to have this software always up to date, in order to navigate safely and with the latest technology. But what about the ESR version of Firefox , which is often quite a bit behind the latest stable version?

            Every several weeks, Firefox releases a new version of its browser, with changes, fixes, and new features. All users who have this browser installed will update automatically in order to always be up to date. Everyone except those using Firefox ESR .

      • Programming/Development

  • Leftovers

    • Fake Investor John Bernard Sinks Norwegian Green Shipping Dreams

      Several articles here have delved into the history of John Bernard, the pseudonym used by a fake billionaire technology investor who tricked dozens of startups into giving him tens of millions of dollars. Bernard’s latest victim — a Norwegian company hoping to build a fleet of environmentally friendly shipping vessels — is now embroiled in a lawsuit over a deal gone bad, in which Bernard falsely claimed to have secured $100 million from six other wealthy investors, including the founder of Uber and the artist Abel Makkonen Tesfaye, better known as The Weeknd.

    • Crows Trade Cigarettes For Food | Hackaday

      Over in the Swedish city of Södertälje, about 30 km southwest of Stockholm, a pilot program is being explored which will enlist crows to clean up discarded cigarette butts. Butts account for over 60% of litter in Sweden, and the per-butt cleanup cost falls between 0.8 and 2 Swedish kronor each. The company behind the project, Corvid Cleaning, estimates the cost will be around 0.2 kronor. If the birds picked up all the butts, that would be a substantial savings, but in reality, the current manual cleaning will still be needed. Total savings to the city will depend on the ratio of bird-collected vs. people-collected butts. Of course, if people would throw their butts in ashcans or carry pocket ashtrays like those popular in Japan, this would be a non-starter.

    • Education

      • Embracing our promise to be responsible and accountable

        This year, CMU invested in a new recruitment and enrollment management system that allows us to more proactively communicate with and respond to the needs of future students. Late last week, while testing this new platform, messages about the Centralis Scholar Award were inadvertently posted in the student portal. Nearly 60 prospective students who were logged into the portal during that time saw a message indicating they had been selected to receive the prestigious scholarship when most had not, in fact, been chosen.

        Understandably, many of these students were extremely excited, and they began sharing the good news with their families and friends. When they later learned that they had seen the message in error, many experienced tremendous disappointment, frustration and sadness.

      • A School Mistakenly Told 58 Students They’d Won Full Rides. It’ll Pay Their Tuition Anyway.

        Earlier Wednesday, the university said that the messages about the Centralis Scholar Award were sent out inadvertently by school staff members when new messaging technology was being tested.

    • Hardware

      • Blast Chips With This BBQ Lighter Fault Injection Tool | Hackaday

        Looking to get into fault injection for your reverse engineering projects, but don’t have the cash to lay out for the necessary hardware? Fear not, for the tools to glitch a chip may be as close as the nearest barbecue grill.

        If you don’t know what chip glitching is, perhaps a primer is in order. Glitching, more formally known as electromagnetic fault injection (EMFI), or simply fault injection, is a technique that uses a pulse of electromagnetic energy to induce a fault in a running microcontroller or microprocessor. If the pulse occurs at just the right time, it may force the processor to skip an instruction, leaving the system in a potentially exploitable state.

        [...]

        To be sure, a tool as simple as this won’t do the trick in every situation, but it’s a cheap way to start exploring the potential of fault injection.

      • Apollo Guidance Computer Gets The Rust Treatment | Hackaday

        Seems like all the cool kids are rewriting legacy C programs in Rust these days, so we suppose it was only a matter of time before somebody decided to combine the memory-safe language with some of the most historically significant software ever written by way of a new Apollo Guidance Computer (AGC) emulator. Written by [Felipe], the Apache/MIT licensed emulator can run either ROM files made from the computer’s original rope core memory, or your own code written in AGC4 assembly language.

      • Commodore Promotional Film From 1984 Enhanced | Hackaday

        Over on Retro Recipe’s YouTube channel, [Perifractic] has been busy restoring an old promotional video of how Commodore computers were made back in 1984 (video below the break). He cleaned up the old VHS-quality version that’s been around for years, translated the German to English, and trimmed some bits here and there. The result is a fascinating look into the MOS factory, Commodore’s German factory, and a few other facilities around the globe. The film shows the chip design engineers in action, wafer manufacturing, chip dicing, and some serious micro-probing of bare die. We also see PCB production, and final assembly, test and burn-in of Commodore PET and C64s in Germany.

        Check out the video description, where [Perifractic] goes over the processes he used to clean up video and audio using machine learning. If restoration interests you, check out the piece we wrote about these techniques to restore old photographs last year. Are there any similar factory tour films, restored or not, lurking around the web? Let us know in the comments below.

    • Health/Nutrition/Agriculture

    • Integrity/Availability

      • Proprietary

        • Security

          • Privacy/Surveillance

    • Defence/Aggression

      • Opinion | Let’s Not Allow the Great Powers to Destroy the World

        The vast destruction wrought by the atomic bombing of Japan in August 1945 should have been enough to convince national governments that the game of war was over.

      • Opinion | Progressives Must Demand Peace in Ukraine

        Is a Russian invasion of Ukraine imminent? At the heart of this avoidable catastrophe is Moscow’s concern over the ever-increasing U.S. military threat on its doorstep. Since the Soviet Union fell, the United States, through its NATO allies, has pushed troops and arms closer to Russia, despite the “not one inch eastward” promise made by U.S. Secretary of State James Baker to Soviet leader Mikhail Gorbachev in 1990. Now, close to 100,000 Russian troops are massed on the Ukrainian border. The Ukrainian military is on high alert. Adding fuel to the fire, President Biden ordered 8,500 U.S. troops on high alert and is pouring weapons into Ukraine.

      • Opinion | Putin’s Long Game of Diplomacy

        With war always a popular gambit to rescue a president’s plunging poll numbers, the proposed war in Ukraine serves multiple purposes for Biden’s dreary administration: as a desperate gamble to save his own political butt, to divert attention from the struggle over its unraveling Covid-19 strategy, and destabilizing its arch-enemy Russia is always a worthy past time. Yet the drama to escalate military action in Ukraine with “heightened preparedness” of a token 8,500 American troops lacks the persuasive spectacle of a first-rate global crisis as once reliable U.S. allies are not on board even before the first shot is fired.  

      • Biden to Send Troops to Eastern Europe Amid Calls to End ‘Warmongering’

        Anti-war advocates accused the Biden administration of continued warmongering late Friday into Saturday after President Joe Biden confirmed he plans to send U.S. troops to Eastern Europe.

        “I’ll be moving troops to Eastern Europe in the NATO countries in the near term,” Biden told reporters at Joint Base Andrews late Friday. “Not too many.”

    • Transparency/Investigative Reporting

      • Two Army Veterans Awarded $110 Million in 3M Earplug Lawsuit

        The litigation was spurred in part by a whistle-blower lawsuit that alleged that 3M sold defective earplugs to the military in violation of the False Claims Act. In 2018, 3M agreed to pay $9.1 million in a settlement with the Department of Justice in response to the lawsuit. The settlement did not determine liability.

    • AstroTurf/Lobbying/Politics

      • Opinion | Can US Democracy Be Saved?

        As an American born into a conservative Christian family, I grew up surrounded by chauvinist messaging that I was living in “the greatest country in the world”. This message was reinforced in the popular media I was allowed to consume, and also at home, at church and in my Christian school, where pupils’ inculcation in Christian nationalism extended to the recitation of not just one, but three pledges every morning: to the American flag, the Christian flag and the Bible.

    • Misinformation/Disinformation

      • Joni Mitchell Joins Spotify Misinformation Protest

        Standing with hundreds of physicians and medical experts who have called on Spotify to develop a policy on misinformation to counter the Covid-19 falsehoods podcast host Joe Rogan has aired on his wildly popular show, singer and songwriter Joni Mitchell announced late Friday that she would remove her music from the streaming platform.

        “I’ve decided to remove all my music from Spotify. Irresponsible people are spreading lies that are costing people their lives,” Mitchell wrote in a brief message on her official website, asking her fans to read an open letter to Spotify signed by more than 270 people in the medical community earlier this month.

      • Joni Mitchell wants songs off Spotify in Covid row

        “Irresponsible people are spreading lies that are costing people their lives,” the Canadian singer said in a post on her official website.

      • You Can’t Please ’em All: Joni Mitchell Pulls Catalog From Spotify

        The move comes just several days after Young first demanded Spotify pull his catalog over claims that the company was actively promoting the spread of misinformation about vaccines and the Covid-19 pandemic — particularly via the massively popular podcast, The Joe Rogan Experience. Spotify, who boasts the largest worldwide market share for paid music streaming platforms, bought the rights to Rogan’s podcast last year in a reported $100 million deal.

      • Joni Mitchell Plans to Follow Neil Young Off Spotify, Citing ‘Lies’

        Spotify took Young’s music down on Wednesday, two days after he posted an open letter calling for its removal as a protest against “The Joe Rogan Experience,” Spotify’s most popular podcast, which has been criticized for spreading misinformation about the coronavirus and vaccines.

        He did so after a group of hundreds of scientists, professors and public health experts had asked Spotify to take down an episode of Rogan’s show from Dec. 31 that had featured Dr. Robert Malone, an infectious-disease expert. The scientists wrote in a public letter that the program promoted “several falsehoods about Covid-19 vaccines.”

      • Joni Mitchell Says She’s Removing Music From Spotify: ‘Irresponsible People Are Spreading Lies’

        In a note on her official website titled “I Stand With Neil Young!,” Mitchell wrote: “I’ve decided to remove all my music from Spotify. Irresponsible people are spreading lies that are costing people their lives. I stand in solidarity with Neil Young and the global scientific and medical communities on this issue.”

      • Joni Mitchell Says She Will Remove Music From Spotify: “I Stand In Solidarity With Neil Young”

        On Wednesday, Young pulled his music from Spotify in protest of COVID misinformation being spread on Joe Rogan’s podcast. Both Young and Mitchell have referred to an open letter sent to Spotify from 270 professionals in the medical and scientific community, calling on the audio giant to implement a policy and better address misinformation on the platform. The letter was spurred by a December Joe Rogan Experience podcast episode where Rogan interviewed a known vaccine skeptic who compared current pandemic policies to Nazi Germany and baselessly claimed that people were being “hypnotized” to believe facts about COVID-19.

    • Civil Rights/Policing

    • Monopolies

      • 35 U.S. states and Microsoft support Epic Games against Apple in Ninth Circuit, breathing new life into #FreeFortnite antitrust appeal [Ed: Microsoft by proxy? In this context, Microsoft has been accused of it.]

        Apple just reported record numbers. Its luxury-goods business model and its abuse of market power against suppliers and app developers are wildly profitable. The former is legit; the latter must be stopped, and it is under pressure around the globe. “Pressure” is an understatement. Change is coming, the question is just when and where, with Match Group’s Dutch case so far having the greatest potential of all enforcement actions under existing law (as it could have EU-wide ripple effects and easily apply to all–not just dating–apps).

        Epic Games faces an uphill battle (here’s my take on its opening brief), but it’s getting some amazing support:

        35 U.S. states led by Utah and Microsoft have officially thrown their weight behind Epic’s appeal through amicus curiae briefs filed with the United States Court of Appeals for the Ninth Circuit.

        Those filings are not just a “nice to have.” This kind of support is mission-critical, as I explained a few days ago. And a few hours before those filings, I was already impressed with the fact that “the Dean of American Antitrust Law” (as the New York Times called him), Professor Herbert Hovenkamp, signed a world-class amicus brief submitted by Professor Michael Carrier.

      • Patents

        • MediciNova Receives a Notice of Intention to Grant for a New Patent Covering MN-001 and MN-002 for Hepatic Ballooning in Europe [Ed: How many of these MediciNova patents are among the fake?]
        • MediciNova Receives a Notice of Intention to Grant for a New Patent Covering MN-001 and MN-002
        • MediciNova secures new European patent for MN-001 and MN-002 for hepatic ballooning
        • MediciNova receives new European patent for ibudilast for alcohol use disorder
        • New Melodies at the EPO as of 1.4.2022? [Ed: EPO has become nothing short of organised crime and this is an attorney highlighting just one aspect of many]

          Executive version: Quite a few scholars have tried to decipher the hymn sheet shown on Elias Haussmann’s famous portrait of Johann Sebastian Bach. This blog tries to decipher the latest changes in the EPO Management just announced by the President.

          [...]

          Namely, the EPO / EPInc. employs, in addition to a President and four Vice Presidents, inter alia: a Chief of Staff, a Chief Technology Officer, a Chief Financial Officer, a Chief Information Officer, a Chief Sustainability Officer, a Chief People Officer, a Chief Business Analyst, a Chief Economist, and a Chief Corporate Policies Officer. I intend no offence to the numerous other PDs of probably equal rank but with no “Chief” in their titles and instead kindly refer readers to this EPO website for more titles, names and faces. In summary, EP Inc. has a lot of chiefs, each one of them with a couple of underlings (aka “Directors”) and sub-underlings. The principal directors and several selected directors form the EPO Management Advisory Committee (MAC).

          A couple of changes have now been announced in this management structure, at least officially “to consider the needs of all our stakeholders, with the primary aim of further deepening collaboration and strengthening our One Office culture”. I will leave it there and focus on the changes in just one sector that I found particularly interesting, i.e. “Corporate Policies”. This is perhaps not a self-explanatory title for an office (assuming that the EPO still is an office, not a corporation). What are corporate policies of the EPO, and should they not be called “Office Policies”?

          Anyway, the “PD Corporate Policies” used to include three directorates, (i) Compensation and Benefits, (ii) Employment Law, and (iii) Workforce Planning and Employee Policies. These seem to me to be typical tasks of Human Resource Management, yet I note that the present structure also included a “PD People” with again three directorates two of which have “HR” in their names. Thus, not exactly a simple structure.

          In strict adherence to the second law of thermodynamics – entropy always increases -, the planned new structure may be seen to be even more complex than the present one, because the classic HR functions will now be divided between no less than three Principal Directorates, i.e. PD “People”, PD “Corporate Policies” and a new PD “Employment Law and Social Dialogue Advice” that will be under the direct responsibility of the President himself. But there is also another and perhaps even more interesting way of looking at these changes, and that is from the point of view of the PD Corporate Policies.

          [...]

          Thus, while some scepticism is always appropriate (see: Es gibt nichts Gutes. Außer man tut es.) and there is always the possibility that these changes are just cosmetic (or even Orwellian) in nature, one might at least cautiously hope that these organizational changes are meant to signalize a bit of a change to the better. Employment law will now be made “Chefsache” and the PD renamed as “Employment Law and Social Dialogue Advice”, which is perhaps no bad approach if the idea is to avoid future negative headlines arising from AT ILO decisions and unpleasant discussions in the Administrative Council (always provided that actions follow the words!). Moreover, an important directorate that will likely play a big role in establishing the EPO’s “New Normal” including more working from home (more on this in a later blog), will be moved to PD People. Let us hope that these changes will help to promote more social peace and more meaningful dialogue with staff at a stage where decisions have not already been made.

        • ARIPO and the regional patent examination training programme: what to expect [Ed: Criminals who run the EPO are bringing European corruption to Africa, lowering patent quality, maximising monopolies for personal gain]

          On September 2021, the African Regional Intellectual Property Organization (ARIPO), with the support of the European Patent Office (EPO), launched the ARIPO Regional Patent Examination Training (ARPET) programme.

        • Canadian Patent Law 2021: A Round-Up Of Interesting Developments And Court Decisions [Ed: In Canada too it's usually the patents 'industry' or litigation giants buying the laws]

          2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of patent law.

          In this article, we highlight statutory changes and a selection of the most interesting patent cases reported in the 2021 calendar year.

        • EPO supporting early uptake of the unitary patent [Ed: EPO continues to break the law while the criminals who took over the office dodge accountability and prosecution by misusing immunity, bribing the media, etc.]
        • Significant progress on the road to the Unitary Patent [Ed: Promoting illegal agenda with fake news from the patent litigation cabal]
        • European UPC All Set for Set Up as Protocol Enters into Force [Ed: No, this is very clearly illegal and unconstitutional; it's going to court, but the criminals who spread fake news and pushed illegal measures won't be held fully accountable]

          On January 18, 2022, after recently joining the protocol on a European Unified Patent Court (UPC) on provisional application (PPA) as the decisive 13th EU Member State, Austria deposited its instrument of accession to the PPA. Thus, the countdown to the grand opening of the UPC has now started. (The actual opening may take place in late 2022 or—more likely—in early 2023.)

        • EPO To Allow Applicants To Defer Grant Of European Patents To Obtain A Unitary Patent [Ed: EPO is breaking the law again, but that’s very consistent with what this criminal Mafia has been doing this past decade; corruption in Europe in all-time peak?]

          The President of the European Patent Office has decided that applicants will soon be able to request, at the EPO, a delay in the issuance of a European patent until entry into force of the Unified Patent Court (UPC) Agreement, which will make “Unitary” Patents available based on a granted European patent (see also the accompanying EPO notice on the decision).

        • Q&A: Unitary Patent and Unitary Patent Court [Ed: Convicted corrupt firm Marks & Clerk, which moreover enabled EPO crime, is pushing the fallacy that UPC is here; they once again promote criminal activity]
        • Recent progress towards Unitary Patent and Unified Patent Court [Ed: More fake news like "UPC is almost certain to be open for business in late 2022 or early 2023" as there are legal challenges on the way; what they did here is criminal]

          Europe’s long-awaited Unified Patent Court and the European Union’s Unitary Patent could (and even should) both be available before the end of 2022. Even if there is a short delay, the UPC is almost certain to be open for business in late 2022 or early 2023.

        • European Union: Europe’s Unified Patent Court Has Finally Arrived! [Ed: No, it is very clearly illegal and it will be challenged. A lot of so-called 'journalists' were being paid to push fake news and promote a crime.]

          On January 19, 2022, Austria became the 13th Member State to ratify the Protocol on Provisional Application of the Unified Patent Court Agreement. The addition of Austria’s ratification establishes the Unified Patent Court (UPC) and triggers the Provisional Application Period (PAP).

        • European UPC All Set for Set Up as Protocol Enters into Force [Ed: No, this is going to be stopped because they do something illegal]

          On January 18, 2022, after recently joining the protocol on a European Unified Patent Court (UPC) on provisional application (PPA) as the decisive 13th EU Member State, Austria deposited its instrument of accession to the PPA. Thus, the countdown to the grand opening of the UPC has now started. (The actual opening may take place in late 2022 or—more likely—in early 2023.)

        • Unified Patent Court (UPC) preparation can now start as requisite 13th Member State (Austria) ratifies the PAP-Protocol [Ed: No, this is illegal and they know that it is illegal]

          The Protocol to the Agreement on a Unified Patent Court on provisional application (PAP-Protocol) provides that it will “enter into force the day after 13 Signatory States of the Agreement on a Unified Patent Court including Germany, France and the United Kingdom have…ratified”. Despite the UK’s withdrawal from the UPC project, it has now come into force following Austria’s ratification meaning preparation to implement the UPC can begin.

        • [Older] China Revokes Patent Firm Licenses for Filing Irregular Patent Applications [Ed: China recognises that its patent system is stuffed with garbage]

          On December 22, 2021, the China National Intellectual Property Administration (CNIPA) released 9 decisions suspending or revoking the licenses of 9 patent firms for filing irregular (abnormal) patent applications. The CNIPA stated, “acting as an agent for irregular patent applications that are not for the purpose of protecting innovation violates the legislative purpose of the Patent Law, wastes public resources, and seriously interferes with the normal conduct of patent examination.” In the worst case of the 9, one firm was filing almost 8,000 patent applications per person in 2020! Previously, the CNIPA had announced that approximately 15% of all Chinese applications filed so far in 2021 were irregular. Further, 43% of patent firms have submitted irregular applications.

      • Trademarks

        • Succulent Arrangement TikToker Has ‘JustSuccIt’ Trademark Application Opposed By Nike

          As you might expect, Nike often finds itself involved in intellectual property stories. To be fair, the company has been on both sides of the IP coin. There are plenty of stories of Nike playing IP bully: the whole Satan Shoes dustup with MSCHF, its lawsuit happy practice when it comes to counterfeits, and so on. But the company has also found itself on the receiving end of IP action, sometimes very much deserved, sometimes not so much.

      • Copyrights

        • Downloading a Skyrim Mod Pack Can Cost You Your Internet Connection?

          If you repeatedly download and share pirated content you risk losing your Internet access in the United States. Faced with liability lawsuits, ISPs are more inclined to take this drastic action today, which can have grave consequences. For one subscriber, downloading a Skyrim mod appears to have been too much. But is this really what the game’s creators want?

More Than 54 New Working Gemini Capsules in Only a Fortnight

Posted in Site News at 3:49 am by Dr. Roy Schestowitz

Working capsules bump
In recent days Lupa found about 10 new capsules (like Web sites but in Gemini) per day; as shown above, adoption accelerated a bit as of late (orange is number of active capsules)

Summary: In recent days we saw an upsurge in Gemini Space (or Geminispace), with roughly 10 capsules per day being added to the tally

EXACTLY TWO weeks ago (16/1) we said that Gemini Space (or Geminispace) had gone From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months. Remember that some get shut down, so the number of new ones isn’t a net gain for the overall number of working capsules (some get added, some get removed), so the real number of additions this past fortnight is probably something like 70. This morning Lupa says (as of minutes ago): “We successfully connected recently to 1654 of them.”

2,000 total capsules is a milestone going just 4 days back [1, 2] and there are now about 2,040 in total, i.e. an addition of about 10 capsules per day. Way to start the new year! gemini:// rising…

IRC Proceedings: Saturday, January 29, 2022

Posted in IRC Logs at 2:28 am by Needs Sunlight

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