9to5Linux Weekly Roundup: January 30th, 2022

This week brought us a major Vulkan release and a minor DXVK update for our Linux gaming, a major Gamebuntu release for our Ubuntu gaming, the official release date when we can start purchasing Valve’s Steam Deck gaming handheld, and a new Ubuntu-powered Linux laptop.

On the distro and software release front, we got a major Nitrux release, a moderate Raspberry Pi OS release, a minor update to the powerful Mixxx DJ software, and a major release of the Phosh Wayland shell for GNOME on mobile devices.

You can enjoy this and much more in 9to5Linux’s Linux weekly roundup for January 30th, 2022, below!

Audiocasts/Shows

• Linux Did This First | LINUX Unplugged 443

  We all take it for granted, but it is one of the best things about Linux. We share the history of the live CD, how it all got started, and the times it saved our bacon.

• GNU World Order 445

  The **kde** software series continues with **Alkimia** , **Analitza** , and **Ark**.

Kernel Space

• Kernel prepatch 5.17-rc2

  The 5.17-rc2 kernel prepatch is out for testing.

Distributions

• New Releases

  • 4MLinux Releases: 4MLinux 38.1 released.

    This is a minor (point) release in the 4MLinux STABLE channel, which comes with the Linux kernel 5.10.90. The 4MLinux Server now includes Apache 2.4.52, MariaDB 10.6.5, and PHP 7.4.27 (see this post for more details).

• IBM/Red Hat/Fedora

  • Maintaining momentum on digital transformation: New HBR Analytic Services report [Ed: A week ago Red Hat moaned about "transformation" being just a buzzword; but they continue to use or misuse it]

    CIOs who seized the opportunity to innovate faster during the pandemic saw their digital transformation timelines shrink by a factor of years. Now, those CIOs are grappling with big questions around how to keep up that accelerated pace without burning out and driving away talent, according to new research from Harvard Business Review Analytic Services.

    These questions require urgent answers, because rather than a short-term effort, CIOs and IT organizations “now see digital acceleration as a more permanent fixture in the business landscape,” according to the research available today: “Maintaining Momentum on Digital Transformation.”

    Recreating what was normal before the pandemic should not be the organizational goal. If it is, the organization could fall behind competitors
    “Recreating what was normal before the pandemic should not be the organizational goal. If it is, the organization could fall behind competitors,” the report states.

Free, Libre, and Open Source Software

• Mixxx 2.3.2 Open-Source DJ Software Adds Mapping for the Pioneer DDJ-SB3 DJ Controller

  Mixxx 2.3.2 is here about three months after Mixxx 2.3.1 and introduces controller mapping for the Pioneer DDJ-SB3 2-channel DJ controller. In addition, this release improves support for the Traktor Kontrol S3 4-channel DJ controller by fixing timedelta calculation bugs.

  The UI has been improved with a new functionality for the playlist, namely to sort items by color. Moreover, Mixxx now appends the selected file extension when exporting to playlist files.

• Why Do We Continue to Clone the MacOS? – Random [Tech] Stuff

  Professionally, I use macOS. It has been one of two options given by my employers and I need a Unix environment to be productive. I live in the terminal and do all of my development in an Ubuntu virtual machine using VirtualBox. The macOS user interface looks nice and it is very user friendly. Which is why many developers strive to replicate it. And that is why far too often, there is a *nix distribution which is specifically built modeling itself after what comes out of Cupertino. Truth be told, the same could be said about Windows, but the focus today is macOS.

• Programming/Development

  • Qt 6.2.3 Released

    We have released the Qt 6.2.3. The latest patch release to the Qt 6.2 series contains almost 300 bug fixes compared to the Qt 6.2.2 release.

  • 50 Years of Prolog and Beyond

    This article aims at integrating and applying the main lessons learned in the process of evolution of Prolog. It is structured into three major parts. Firstly, we overview the evolution of Prolog systems and the community approximately up to the ISO standard, considering both the main historic developments and the motivations behind several Prolog implementations, as well as other logic programming languages influenced by Prolog. Then, we discuss the Prolog implementations that are most active after the appearance of the standard: their visions, goals, commonalities, and incompatibilities. Finally, we perform a SWOT analysis in order to better identify the potential of Prolog, and propose future directions along which Prolog might continue to add useful features, interfaces, libraries, and tools, while at the same time improving compatibility between implementations.

  • Shell/Bash/Zsh/Ksh

    • [Old] The Bash Trap Command

      This is an important point: interrupted commands are not restarted. So if your script needs to do something important that shouldn’t be interrupted, then you can’t, for example, use the trap command to trap the signal, print a warning, and then resume the operation like nothing happened. Rather, what you need to do if you can’t have something interrupted is disable Ctrl-C handling while the command executes. You can do this with the trap command too by specifying an empty command to trap. You can also use the trap command to reset signal handling to the default by specifying a “-” as the command. So you might do something like this: [...]

    • [Old] Bash trap command

      A built-in bash command that is used to execute a command when the shell receives any signal is called `trap`. When any event occurs then bash sends the notification by any signal. Many signals are available in bash. The most common signal of bash is SIGINT (Signal Interrupt). When the user presses CTRL+C to interrupt any process from the terminal then this signal is sent to notify the system. How you can use trap command to handle different types of signals is explained in this tutorial.

Health/Nutrition/Agriculture

• All States Need Expanded Medicaid Access. Gerrymandering Prevents It.

• From Texas to India, a patent-free Covid vaccine looks to bridge equity gaps [Ed: Broader recognition that patents or patent monopolies have already killed millions of people who could otherwise be saved from COVID-19]

  Millions of doses of a new, cheap coronavirus vaccine will soon be available in India, and they will arrive with one distinction neither Moderna nor Pfizer can claim: They’re patent-free.

  The new CORBEVAX inoculation, which was developed in Texas with decades-old technology and little support from the U.S. government, received emergency use authorization last week from India’s drug regulation agency.

  The researchers behind the vaccine stand with little to gain financially.

  “We don’t own any intellectual property,” said Dr. Peter Hotez, a researcher who helped lead the vaccine’s development.

  Efforts to immunize the world are falling far short of some expectations, and human rights campaigners are pressuring pharmaceutical companies to transfer new vaccine technology to speed global access to shots.

  And while doubts linger about CORBEVAX’s effectiveness against the omicron variant and a lack of public data, its development, outside the path of typical pharmaceutical development and stripped of the same financial incentives for inventors, represents a model for others and could bolster their arguments, vaccine equity advocates said.

  About 59 percent of the world’s population has received at least one dose of a vaccine, according to Our World in Data, which tracks government reports globally. But fewer than 9 percent of residents in low-income countries have received a dose.

Integrity/Availability

• Proprietary

  • Hospital IT director foils ransomware attack with quick thinking [iophk: Windows TCO]

    Upon shutting down its computer systems, the hospital’s downtime procedures kicked in, with physicians taking notes and prescribing medicine to patients by hand. Even after downtime procedures ended, the hospital was still meticulous in rebooting digital operations to ensure the virus was not lingering. While most computer systems were up and running by Wednesday, the emergency room’s charting system was expected to be offline for the rest of the week, said Hussey, with doctors in the department getting ER patient records from other parts of the hospital network.

  • Hospital IT director foils ransomware attack with quick thinking [iophk: Windows TCO]

    The charting system at Jackson Hospital was hit earlier this month by Mespinoza, a ransomware attack that has infected up to 190 organizations worldwide across industries, including several in healthcare, says the Department of Health and Human Services.

  • [Old] ‘Lock it down and piss people off’: How quick thinking stopped a ransomware attack from crippling a Florida hospital [iophk: Windows TCO]

    It was approaching midnight on Sunday and the head of IT at a Florida hospital had a problem.

    The emergency room of Jackson Hospital, a 100-bed facility on Florida’s panhandle, called to report that it couldn’t connect to the charting system that doctors use to look up patients’ medical histories. Jamie Hussey, Jackson Hospital’s IT director, soon realized that the charting software, which was maintained by an outside vendor, was infected with ransomware and that he didn’t have much time to keep the computer virus from spreading.

    The hospital shut down its computer systems on his advice.

  • Security

    • Josh Bressers: Episode 308 – Welcome to the jungle – How to talk about open source security

      Josh and Kurt talk about how to get attention for security problems. Recent research around Twitter credentials checked into GitHub showed us how to get a lot of attention when compared to a problem like Log4Shell which took years before anyone really picked up on the problem. It’s hard to talk about security sometimes.

    • Privacy/Surveillance

      • ID-Me-Not

        The IRS is reportedly reconsidering its previously-announced plan to require taxpayers to share facial images and other personal data with an unregulated private company, ID.me, in order to file tax returns online or access information about their filings, payments, and returns through the IRS website.

        The hesitation by the IRS comes after ID.me was caught lying about whether it uses “one to many” facial recognition to try to identify facial images against large databases of selfies or other mug shots. ID.me had falsely claimed that it only uses “1 to 1” matching to “verify” that a selfie matches previously stored images of a specific person. But the company has now admitted that’s incorrect. ID.me actually  compares selfies submitted by taxpayers (or by hackers or identity thieves, who could easily copy a facial image from a targeted victim’s or their friend’s social media posts) to its own “internal” database of images of tens of millions of people aggregated from unknown sources.

        An IRS spokesperson told Jennifer Epstein, Shawn Donnan, Dina Bass of Bloomberg News that “any taxpayer who does not want to use ID.me can opt against filing his or her taxes online.”

      • So TEFCA is live. Now what?

        TEFCA has been in progress over multiple administrations following the passage of the 21st Century Cures Act in 2016 – and few have a better sense of its ins and outs than Dr. Donald Rucker, who served as national coordinator for health IT from 2017 through 2021.

        Rucker, now chief strategy officer with 1upHealth, sat down with Healthcare IT News to chat about what’s next for interoperability in the United States, the advantages of FHIR-enabled tools and the importance of being able to analyze population-wide health data.

      • Finnish diplomats’ phones [cracked]

        The Foreign Ministry on Friday said some of its diplomats working at Finnish missions abroad had been the target of espionage using surveillance software. The ministry did not disclose where the [cracking] took place or how many diplomats were targeted.

      • Google trackers are in 97% of Indian websites, study finds

        The number of android apps asking for camera and microphone permissions on smartphones has increased from 45% to 68% and 28% to 54%, respectively, in the last five years, according to a study by data security and privacy firm Arrka titled ‘State of data privacy of Indian mobile apps and websites’.

        The study involved 201 Indian mobile apps and websites from 100 organisations across 25 industries. Arrka tracked various privacy parameters over five years. Here are some of its findings: [...]

Defence/Aggression

• Opinion | What’s Missing From Corporate Media’s Ukraine Coverage

  As tensions began to rise over Ukraine, US media produced a stream of articles attempting to explain the situation with headlines like “Ukraine Explained” (New York Times, 12/8/21) and “What You Need to Know About Tensions Between Ukraine and Russia” (Washington Post, 11/26/21). Sidebars would have notes that tried to provide context for the current headlines. But to truly understand this crisis, you would need to know much more than what these articles offered.

• Opinion | Boycotting the Olympics Is About Global Competition, Not China’s Muslims

  The diplomatic boycott of the Beijing Winter Olympic and Paralympic Games may go down in history as the official start of the cold war between the U.S., a handful of its allies and China. The American strategy, however, of using boycotts to pressure Beijing in the name of ‘human rights’, may prove costly in the future.

• Opinion | The People of Burma Demand Accountability for 2021 Military Coup

  On the morning of August 25, 2021, I woke up on the floor with my lungs gasping for breath. My heart was racing, my hands and legs were shaking from adrenaline, and I was sweating from running. It took me about a minute to realize it was just a nightmare, one where I had to jump off a six-step ladder to run away from Burmese soldiers. Except it wasn’t a nightmare.

• New Gates Foundation trustee led plot to overthrow Zimbabwean leader alongside US gov’t

• “We Want Them Alive”: Afro-Colombian Women Lead Search for Disappeared

• Opinion | Defense Contractor CEOs Applaud Deteriorating Global Security

• Anti-War Coalition Demands Biden Prioritize BBB Over Ukraine Conflict

  Anti-war group CodePink will lead a coalition in a public action in Washington, D.C. Monday morning to demand the Biden administration prioritize delivering much-needed support to working families and communities across the U.S. instead of threatening military action and punishing sanctions against Russia amid the Ukraine conflict.

  The groups, which also include SPACEs In Action and Arm in Arm for Climate, will gather in Black Lives Matter Plaza to demand President Joe Biden “use the power of his office to pass the healthcare, child care, climate, and anti-poverty programs that our communities need” within the Build Back Better Act.

• Antiwar Groups Pan Biden for Announcing Troop Deployment to Eastern Europe

Environment

• After more than two decades, Britain is finally rid of termites

  Britain will probably be visited by termites again. Most of the country is too cold and damp for them to thrive—but as the Devon colony shows, not all. And so BRE is teaching surveyors, architects and workers in the timber industry how to spot the signs before termites have a chance to settle in. Better to get rid of unwanted guests straight away than have to spend decades on another eviction.

• Energy

  • ‘Disaster’: Burst Pipeline Sprays Crude Oil Into Ecuadorian Amazon

    Indigenous environmental defenders in Ecuador on Sunday pointed to a pipeline rupture in the Amazon rainforest as “the exact reason why we oppose oil extraction” as the pipeline operator temporarily halted pumping crude oil.

    A pipeline constructed by OCP Ecuador burst on Friday after a rockslide, according to NBC News. Videos posted on social media by the Confederation of Indigenous Nationalities of Ecuador (CONAIE) and Amazon Frontlines showed oil spraying out of the pipeline into the rainforest.

  • Average electricity price rises to €176.44 on Monday

    In Finland, the average price will be €172.85 and it will be €178.16 in Latvia and Lithuania.

Finance

• New Puerto Rico Debt Plan Is a False “Solution” Crafted to Benefit Capitalists

• Pro-Highway, Pro-Car Public Transportation Policy Is Fueling Inequality

• Opinion | The Corporate Attack on Our Democracy Is an Assault on the Working Class

  The one-year anniversary of the attack on the Capitol has come and gone, and a lot has been said about the need to fight back against existential threats to our democracy. Not enough is being said, however, about what’s being fought for and won in workplaces across the country.

• The domestic fault lines of China’s transformation

  The 2008 Olympics signalled the welcome arrival of China on the world stage. The 2022 Winter Games, in contrast, prompt grave concerns in many quarters. Today, China is undoubtedly a great power. Yet its political regime and economic model reveal dangerous fault lines, while its strategic ambitions and aggressive rhetoric stoke growing resistance.

  The 2008 financial crisis undermined the traditional hierarchy of the global political economy. The intervention of the Group of 20, whose co-operation prevented another worldwide depression, signalled a new era. Yet its members chose divergent paths. The EU imposed austerity, causing persistent stagnation and rising inequality. The U.S. adopted a more Keynesian approach, but the size and duration of its stimulus proved inadequate. Populist reaction grew.

  [...]

  Beijing has managed its growing debt burden so far. Recent moves to rein in overdrawn real estate companies and curb the overheated property market demonstrate resolve. Yet whether the party can steer the transitions without depleting local government revenues and damaging household wealth is a real dilemma.

  Indeed, the social costs and demographic tensions of China’s growth strategy are rising. Urban economic inequalities have exploded, while economic growth has slowed, over the past decade. Many people struggle to get their foot on the property ladder. The fall in China’s working-age population since 2011, a consequence of its old one-child policy, may bolster relative wages in the short run. But its ramifications in the long run are serious. The welfare burden on future generations, anticipating higher taxes and greater responsibilities for social care, will increase significantly as society ages. The recent decision to allow families to have three children has predictably failed to reverse the trend. Indeed, the punishing grind and pervasive anxiety felt by many workers in a hypercompetitive economy has engendered a growing anti-consumerist backlash among millennials, who prefer “lying flat” to working “996” (from 9 a.m. to 9 p.m., six days a week). Such passive dissent could jeopardize national ambitions.

  Thus last summer Mr. Xi declared the need “to regulate excessively high incomes,” to ensure “common prosperity for all.” Early moves include charging well-known celebrities with tax violations, imposing curbs on private tutoring and extending the government’s crackdown of foreign public listings by major tech companies. Leading entrepreneurs have pledged billions to social welfare programs in return. Many believe Mr. Xi is using populist rhetoric to mobilize mass support and displace potential threats to his rule. His major goal is for China to become a high-income economy by 2049. Yet the risk that it will get old before it gets rich is real.

AstroTurf/Lobbying/Politics

• Ministry for Foreign Affairs reveals cyber-espionage campaign against Finnish diplomats

  The espionage was carried out by means of Pegasus, a spyware developed, marketed and licensed by Israel’s NSO Group. The highly sophisticated software infiltrates smartphones typically through so-called zero-click attacks by exploiting zero-day vulnerabilities in the operating system.

  The spyware is capable of obtaining root privileges on the infected device and, in theory, of harvesting and sending any data to the attacker.

Misinformation/Disinformation

• Spotify’s CEO on COVID controversy: We won’t censor but do have rules

  Spotify CEO Daniel Ek on Sunday spoke out publicly about the controversy that’s blown up over the Joe Rogan podcast and COVID-19 vaccine misinformation, sparked by an ultimatum from famed rocker Neil Young.

  Ek noted in a blog post that doctors and scientists as well as Spotify subscribers have raised questions about the company’s policies and “the lines we have drawn between what is acceptable and what is not.” He also acknowledged that Spotify hasn’t been transparent about its policies regarding content that it hosts.

• The New Wave of Holocaust Revisionism

  It seemed to me that the real objective of the lawsuit was not to rescue a man’s name or alter his reputation, but to frighten scholars of the Holocaust, to instill Poland’s pervasive atmosphere of fear into an entire discipline and to make students and educators think twice before choosing topics that would challenge the government-sponsored version of history. The idea of a right to national pride, advanced in court, is an ambiguous and legally undefined sentiment that effectively means any member of the Polish nation has the right to sue historians whose findings offend them.

  Meanwhile, Holocaust survivors are dying every day. There are few left to protest the new revisionism.

• I Worked at Facebook. It’s Not Ready for This Year’s Election Wave.

  The world is not ready for the coming electoral tsunami. Neither is Facebook. With so many elections on the horizon — France, Kenya, Australia, Brazil, the Philippines and the United States will hold elections this year — the conversation now should focus on how Facebook is preparing.

  I know what it’s like to prepare for an election at Facebook. I worked there for 10 years, and from 2014 through the end of 2019, I led the company’s work across elections globally. It has poured more than $13 billion into building up its safety and security efforts in the United States since the 2016 elections, when the platform was too slow to recognize how its products could be weaponized to spread misinformation.

• Joni Mitchell joins Neil Young in protest against Spotify

  “Most of the listeners hearing the unfactual, misleading and false COVID information of Spotify are 24 years old, impressionable and easy to swing to the wrong side of the truth,” Young posted in a statement to his website. “These young people believe Spotify would never present grossly unfactual information. They unfortunately are wrong.”

Censorship/Free Speech

• Facebook is Failing Iranians, and Iran’s Leaders Are About to Launch a Censored Internet

  A lack of cultural understanding by Facebook, Instagram, and other social media platforms is a prevailing reason for inaccurate content moderation in Iran, Middle East experts said.

  Moreover, and they said, Iran’s proposed international [Internet] replacement, the National Information Network, is dangerously close to coming into effect.

Freedom of Information/Freedom of the Press

• China: Media freedom declining at ‘breakneck speed’ – report

  The report by the Foreign Correspondents Club (FCC) of China said journalists there face physical assaults, hacking, online trolling and visa denials.

  Local journalists in mainland China and Hong Kong are also being targeted.

  China has labelled the FCC an “illegal organisation”.

Civil Rights/Policing

• Mexico Auto Workers Are Set for Landmark Union Vote at General Motors Plant

• Give Them A Migraine! Fan-boy Ben Burgis Slobbers over Christopher Hitchens

  Answer: Despite the utter failure of the volume to make a viable argument for Hitchens’ utility in radical politics, what caused his neocon turn, or even shed light on his contributions, the late polemicist remains a useful tool for liberal imperialists and outright reactionaries. On the anniversary of his death, former Vanity Fair editor Graydon Carter wrote a fawning tribute that in many ways is indistinguishable from the purple prose of this current volume. Matthew Continetti of the American Enterprise Institute likewise wrote a reverential tribute. Hitchens remains a useful propaganda tool via his seemingly-endless Hitch-Slap videos on YouTube. Also, obvious from the testimonials page at the front of the book, apparently there are people in DSA who have fondness for him. Why?

  There are many ways to parse this book, just as there are many ways to parse its subject. Adulatory reviews of this title have previously granted Ben Burgis, a philosophy professor and leading advocate of the Jacobin magazine tendency within the Democratic Socialists of America (DSA), the tacit acknowledgement of legitimacy to both his interrogative stance, predicated upon philosophy, and the intellectual validity of the inquiry, that Hitchens had a deep level of thought and political grounding.

Monopolies

• CCC’s Roy Kaufman Named to the Board of the United States Intellectual Property Alliance [Ed: USIPA is a malicious front group called after a propaganda term and a lie]

  The USIPA Board features representatives of various organizations and constituencies that make up the Intellectual Property Ecosystem in the U.S., including the U.S. Patent & Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), the Copyright Alliance, the Recording Industry Association of America (RIAA), AT&T, IBM, and MIT, among others.

• U.S. panel to review patent from $2.1 bln Intel court loss [Ed: How does such a ruling support innovation in any way?]

  Chip making giant Intel Corp has inched toward a possible reprieve from part of a landmark $2.1 billion verdict, after a U.S. tribunal agreed to review the validity of one of two semiconductor patents that a jury said it infringed last year.

  The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board on Wednesday granted a request to review VLSI Technology LLC’s patent, which means the board believes there is a reasonable chance that at least one challenged part of it is invalid.

  A West Texas jury said Intel must pay $1.5 billion for infringing the patent last year, as well as $675 million for infringing another VLSI patent, in one of the largest patent jury verdicts in U.S. history.

  A South Dakota-based entity called Patent Quality Assurance LLC asked the board to review the first patent four months after the verdict. It told the tribunal that earlier inventions made parts of VLSI’s patent unprotectable.

• Freedom to Operate Conundrum

  A patent grants a negative right to its owner, i.e., the right to exclude others from making, using, exercising, disposing, or offering to dispose of, or importing the invention as claimed. A patent does NOT grant the right of use.

  For a business to be able to practice its intellectual property rights, it will be necessary to secure freedom to operate (FTO).

  FTO is the ability of a business to develop, make, and market products without legal liability or risk concerning the infringement of a third party’s intellectual property rights.

  FTO analyses are relevant in circumstances where a new product or technology is developed and the business wishes to ensure that it will be free to manufacture and market the new product or technology so as to inform research strategy and to avoid pitfalls such as payment of royalties to third party IP owners for license fees; or to avoid costly IP litigation. A FTO analysis is often conducted as part of the intellectual property due diligence prior to an investment in acquisition of a business as a condition of closing a deal. This is even more so in deals where the acquisition or investment is mainly IP focused, and the value of the IP assets is determined in part by the ability to practice the claimed technology. A clear FTO assessment can provide confidence and reassurance to potential investors or shareholders.

• Monday Miscellany [Ed: Alexandre Miura running ‘ads’ for two hugely corrupt institutions [1, 2, 3]]

  INPI will hold on 3 February 2022 (9:00am-6:20pm), in partnership with CEIPI, an international conference on the industrial property challenges associated with the economic recovery in light of France’s Presidency of the Council of the European Union. The event will be fully online, streamed in English and French. Registration is open now and more information about the event is available here.

• Sunday Surprises [Ed: EU promotes the sheer lie that UPC would help SMEs; the very opposite is true, so EU positions have clearly been subverted, infiltrated]

  European Innovation Council and SMEs Executive Agency – Policy debate during the EU Industry Days 2022: The Unitary Patent System and SME Instruments in the Area of Intellectual Property – 9 February 2022

  The European Innovation Council and SMEs Executive Agency will hold an online discussion on 9 February 2022 from 3:15pm-4:00pm about the Unitary Patent System and SME Instruments in the Area of Intellectual Property. This discussion is part of the EU Industry Days 2022, an annual event that highlights industrial frontrunners and ongoing industrial policy discussions whilst improving the knowledge base of European industry. The registration for the event can be made here.

• Istanbul IP Court Reaches Landmark Decision On Precautionary Injunction – Intellectual Property – Turkey

  The trigger point and the timing of a request for a precautionary injunction (PI) is crucial. However, in pharmaceutical patent enforcement, most damage occurs from the launch of the Gx product, which can account for a price cut of as much as 40% from the originator’s drug. Therefore, the PI must be filed and granted before the Gx launches, yet while there is sufficient proof available to overcome the so-called Bolar exemption hurdle. The PI filing date serves this aim, because most cases are referred to a court-appointed expert panel for evaluation, which takes at least three months. Consequently, the date of the PI grant decision may come after the launch of the Gx.

  The main concern for patent holders lies in the fact that IP courts do not wish to interfere with administrative decisions and applications (including for the pricing of original drugs) and limit the PI decision in terms of prevention of the marketing, trading or import of the Gx product. Therefore, even when a PI is granted, the price cut cannot usually be remedied. Where a patent holder suffers a loss, they may only be subject to a compensation action for the next couple of years.

• Poland: Intellectual Property Courts After One Year Of Operation In Poland – As Observed By Practitioners. [Ed: Not a meaningful name or description for such courts]

  On 1 July 2020, in order to meet the proposals of practitioners, intellectual property courts, in the form of Intellectual Property Divisions (IPDs), were introduced in Poland. This role was entrusted to five Regional Courts – in Gdańsk, Katowice, Lublin, Poznań and Warsaw. Courts of Appeal in Warsaw and Poznań deal with cases at second instance. In accordance with applicable regulations, cases involving greater technical complexity, namely cases concerning computer programs, inventions, utility models, topographies of integrated circuits, plant varieties and business secrets of a technical nature, are in principle dealt with only in Warsaw.

  In practice, all civil intellectual property cases go to these five regional courts only. Prior to the changes, apart from cases concerning Community trade marks and designs handled exclusively by the Regional Court in Warsaw (its 22nd Division, then known as the Court for Community Trade Marks and Industrial Designs), intellectual property cases were handled by various regional courts throughout the country having jurisdiction over the defendant’s registered office/place of residence or the place where a tort was committed. Currently, an attempt to initiate proceedings before any court other than those mentioned above will result in the case being referred to a court in Gdańsk, Katowice, Poznań, Lublin or Warsaw having appropriate jurisdiction.

• Does Prior Publication Extinguish a Trade Secret?

  The companies here compete in the market for creating specialized finger-LED equipment and accompanying data analysis services. This case focuses on calculating total hemoglobin (“SpHb”) based upon light absorption readings from the finger-LED.

  [...]

  Each product line will have a different equation because it will likely have a different LED configuration; have different sensors; and have a different physical form. So, a product developer needs to run a clinical trial of its product in order to estimate the most accurate coefficients. For each person in the trial, you do a blood test for SpHB level (the gold standard) and then also take measurements with the finger LED.

  What is the Trade Secret: The trade secret at issue here is the optimization algorithm for determining all the equation coefficients. How do you take data from the clinical trials and turn that into an operational equation for measuring SpHB?

  Answer, if you have studied linear algebra this is all straightforward and largely developed in the 1960s. Math and engineering students across the country take classes on linear programming and linear optimization and have done so for decades. These same models are a basis for most of the system we call “AI.”

  The defendants pointed to a particular 2008 IEEE article that spells out the particular approach claimed to be a trade secret here — – the parties refer to this algorithm as “TSS.” We don’t know the title of this article (it is redacted), but we do know that this is a very well known article with 1,200+ citations.

• FOSS Patents: Can superstar lawyer Tom Goldstein turn Epic Games v. Apple around like he did FTC v. Qualcomm and Oracle v. Google?

  Here’s a short follow-up to my take on Epic’s opening brief in its Ninth Circuit appeal of Apple’s App Store antitrust acquittal. The previous post focused entirely on the legal issues, but I did also want to highlight that Epic Games has hired the man who may have been the most successful Supreme Court attorney in recent history: Thomas C. “Tom” Goldstein of Goldstein & Russell.

  The profile on his firm’s website mentions the two cases in which I saw him achieve major victories for his clients: FTC v. Qualcomm and Oracle v. Google. In the Qualcomm case, I predicted a reversal even ahead of the hearing, and was amazed at Mr. Goldstein’s performance. Qualcomm was represented by Cravath–Epic’s firm against Apple (and Google)–at trial. The combination of Cravath and Mr. Goldstein was dynamite. I view his work on Google’s behalf much less favorably on the truth-o-meter, and agree with the dissent by Justices Thomas and Alito to a far greater extent than with the per curiam opinion.

  The question is now whether he can do it again. I very much hope for the sake of competition, innovation, and essential app developer freedoms that he will indeed convince the judges of this being one of those rare cases in which a single-brand market–and only a single-brand market–is warranted. Then Google and Qualcomm are not only way bigger but also a lot more sophisticated than Epic when it comes to high-stakes litigation. There were success factors in place–which are not meant to downplay the brilliance of Mr. Goldstein’s lawyering–that may be missing this time around.

• Patents

  • FOSS Patents: Apple piggybacking on Samsung’s 2021 campaign to get Ericsson patents invalidated, drive up litigation costs: seven PTAB IPR petitions discovered

    After the expiration of the Ericsson-Samsung patent cross-license agreement, Ericsson went to court about a year ago, and Samsung’s response included 30 petitions with the Patent Trial & Appeal Board of the United States Patent & Trademark Office, each taking aim at an Ericsson patent. We’re now seeing a similar development, though on a smaller scale so far, between Ericsson and Apple, and once again it looks like a net licensee is using some of its vast resources to drive up litigation costs.

    Over the course of the last seven days, Apple brought seven IPR petitions against Ericsson patents, and will likely file more in the days or weeks ahead. None of those seven U.S. patents has been asserted by Ericsson against Apple (or is the subject of a declaratory-judgment action by Apple), but each was challenged by Samsung last year. It’s somewhat ironic that Apple, which for many years denounced Samsung as a copycat, is actually building on Samsung’s 2021 inter parties review (IPR) campaign against Ericsson, even rehashing invalidity contentions previously advanced by Samsung.

    I’m a longstanding supporter of robust post-grant review of issued patents, but there’s no denying that the process sometimes does get abused by deep-pocketed players to the detriment of innovators challenging patents because they can afford it, not because there’s a need. Ericsson has so many patents that it will always find some others to assert regardless of how many Apple challenges. The problem is that such petitions clog the PTAB system and slow down the resolution of objectively urgent cases.

  • FOSS Patents: Apple: Eastern District of Texas preferred over Western — Ericsson: with pleasure IF you make a binding commitment to it — Apple (deafening silence)

    Apple has a serious problem with Ericsson having made all the right venue-related decisions so far: the ITC for potential U.S. import bans; the Eastern District of Texas for FRAND issues (where Ericsson won a landmark case against HTC); and the Western District of Texas for damages (companion complaints to import ban requests). Ericsson is also enforcing its rights in four other countries, with preliminary injunction requests pending in Brazil and the Netherlands. In Germany, Ericsson hedged its bets by filing cases with the three leading regional courts for patent cases. Munich and Mannheim are safe choices for plaintiffs, and Ericsson was so lucky as to have both of its cases assigned to Judge Dr. Daniel Voss (“Voß” in German), who is widely regarded as the plaintiff-friendliest of the three judges presiding over patent-specialized divisions (called “civil chambers”) of the Dusseldorf Regional Court. Judge Dr. Voss is basically Dusseldorf’s answer to the Munich and Mannheim judges.

    Now Apple is jockeying for a better position. Part of that effort is a PTAB IPR campaign piggybacking on Samsung’s 2021 challenges to many Ericsson patents, taking aim at patents Ericsson hasn’t even asserted against Apple. And very surprisingly, almost shockingly, Apple proposed to have the whole dispute resolved by means of a rate-setting decision in the Eastern District of Texas, a venue Apple dreads so much that it even closed its stores there (Apple Stonebriar in Fisco, TX, and Apple Willow Bend in Plano, TX) after the Supreme Court’s TC Heartland decision that made it a lot easier to get patent infringement cases moved out of a district unless the defendant has a permanent business presence there (as opposed to merely selling products or offering services nationwide).

  • FOSS Patents: Apple’s appellate forum strategy against Ericsson: Federal Circuit rather than Fifth Circuit for review of FRAND determination

    This is a follow-up with some additional thoughts on the intra-venue fight between Apple and Ericsson over their respective FRAND actions in the Eastern District of Texas (on top of whether they should litigate infringement matters in the Eastern or the Western District, with Apple actually wanting neither but preferring the Northern District of California, just that it has no promising pathway to get there).

  • Brussels IP & Tech Update – EU Regulatory Data Protection framework, Digital Services Act, New Content Creator Protocol, Data breach survey 2022 [Ed: “Another step closer to the Unified Patent Court” misses the point that it is illegal, unconstitutional, with more challenges on the way; they keep promoting fake news to make the criminal seem or ‘feel’ acceptable, inevitable]

    Another step closer to the Unified Patent Court – On 19 January 2022, Austria formally ratified the Protocol on Provisional Application of the UPC Agreement. As Austria is the 13th Member State to participate in the provisional application of the UPC Agreement, the required number of ratifications has now been reached and the Protocol has officially entered into force. The last part of the preparatory work in establishing the Unified Patent Court will now be conducted. Find the official declaration here.

  • IP trends for 2022: Personalised medicine and advanced therapy medicinal products [Ed: More fake news again]

    After years in the making, it is expected that the new Unitary Patent system and associated Unified Patent Court (a pan-European form of protection and associated court) will come into force in late 2022. All innovators, regardless of their technical focus, will need to evaluate their patent strategies in light of the new system. Some European countries are not part of this system (including the UK, Spain and Switzerland), and so there are also factors to consider regarding the participating/non-participating countries. There are potential pros and cons to opting newly granted patents into this unitary system, which patentees will need to consider on a case-by-case basis to ensure the right decision is made for each of their patents.

  • German court says Ocado IP rights may be invalid, halts infringement case [Ed: Even patent maximalists seem to be accepting that Ocado patents are fake. A lot of patents out there have no merit, but they never get tested in courts.]

    The Munich District Court yesterday, January 27, stayed proceedings in a case brought by Ocado against a US developer of a warehouse-shopping robot, noting that Ocado’s utility model rights may be invalid.

    It is the latest twist in a multi-jurisdictional battle between the online supermarket against US-based AutoStore.

    The court considered that, despite Ocado having made significant last-minute amendments to the claims of the asserted utility models, they were likely to be invalid because they sought to cover more than the disclosures in the original applications.

    Ocado brought the case, in which it sought an injunction against AutoStore, in response to a patent infringement claim filed by the US company in 2020.

    The case concerns AutoStore’s B1 robot, which is used in warehouses to pick goods for online shopping.

    [...]

    The UKIPO is seeking views on the future of the UK’s design system after Brexit, it announced on Tuesday, January 25.

    Members of the public will have until March 25 to submit their comments on a range of topics related to the design system and potential reforms.

    Among the topics up for consultation are whether the current system needs to be simplified, novelty searching, and designers’ experience of enforcing their rights.

    The consultation will also examine the impact of Brexit, particularly changes to disclosure requirements for unregistered designs.

    It also marks the latest effort by the UKIPO to grapple with the emergence of new technologies such as artificial intelligence (AI).

    The UKIPO said it would be seeking views on whether the designs system is flexible enough to protect designs created with AI.

    The office is running a separate consultation on the impact of AI on the patents and copyright systems.

  • Sharp – not weak or late enforcement is required against recalcitrant SEP implementers [Ed: Patents harming the technical industry through SEP patent cartels]

    It is vital that the fundamental sanction in patent law—of the temporary right to exclude—along with other remedies, including enhanced damages, are readily available against infringers when Fair, Reasonable and Non-Discriminatory (F/RAND) licensing has been offered, but is rejected, evaded or unreasonably delayed.

    Technical standards confer enormous value to implementers and consumers. For example, cellular standard-essential technologies enable annual revenues exceeding a trillion dollars in operator services, several hundred billion dollars in smartphone sales and hundreds of billions more in over-the-top applications and services on those devices. Undermining the fundamental patent rights of organizations that commit large R&D resources to develop those technologies and contribute them to the standards would unfairly short-change those innovators and jeopardize ongoing investments in 5G and the Internet of Things (IoT). In addition to facilitating revenue growth and cost savings in those downstream markets, standard-essential technologies, for example, help save the planet by enabling us to fly and drive less—thus reducing our carbon footprints—and reduce deaths on the road with autonomous driving capabilities.

  • Split infinitives: Federal Circuit divides on Indefiniteness

    We have an interesting split decision focusing on the doctrine of indefiniteness in the context of an “examiner’s amendment.” Judge Newman wrote for the majority and favored the patentee; Judge Dyk wrote in dissent and concluded that the patent claims were indefinite.

  • UK: Guardians Of The Metaverse [Ed: Convicted corrupt firm Marks & Clerk on patents of espionage entity that nowadays uses buzzwords and hype to distract from its main, sinister activities]

    “Meta”, originating from the ancient Greek word meaning “beyond” or “after”, remains present in our language in words like “Metaphysics” (the realm of philosophy dealing with what is “beyond the natural”, i.e. the branch that studies causality, necessity, the principles of being, reality and so on). It is also the new brand for Facebook, with CEO Mark Zuckerberg announcing recently an intention to develop “a company that builds technology to connect”. Both applications of the word indicate an aspiration to reach what cannot be reached.

    Neal Stephenson’s coinage of the word “METAVERSE” pulls the same trick. In stretching back to the old to find something new, it has captured the imagination of the likes of Alibaba and NetEase and has scored a palpable hit with numerous Chinese businesses. Like forty-niners in a modern day gold rush, their applications have been pouring in to claim monopoly rights in the term’s Mandarin equivalent (“yuan yuzhou”).

  • Obtaining a European patent. Subtleties and nuances [Ed: Well, but those patents are quite often fake]

    Russian applicants tend to turn to patent attorneys even more frequently with regard to the matters regarding obtaining a European patent.

  • FOSS Patents: Patent holders don’t have to be afraid of proportionality defense to injunctive relief in Dusseldorf, much less in SEP cases: judges outline their thinking

    I have good news for patent holders who like to enforce their rights in Germany, and not only in Munich and Mannheim but (at least in some cases) also in Dusseldorf. Based on what two of the three judges presiding over patent-specialized divisions of the Landgericht Düsseldorf (Dusseldorf Regional Court) said in a joint presentation today, patent injunctions are going to be just as available in Dusseldorf as before last year’s “reform” bill. This was certain for Munich and Mannheim, but I must admit there were some residual doubts on my part concerning Dusseldorf, which in some contexts made defendant-friendlier decisions in recent years than other German courts. Not anymore after today’s presentation.

  • Imugene granted patent for gastric cancer therapy in major oncology market [Ed: Imugene should at least be aware that, according to EPO insiders, EPO grants many fake patents these days]

    Imugene Ltd (ASX:IMU, OTC:IUGNF) has opened the doors to a large and lucrative market for immuno-oncology by securing a Notice of Grant from the European Patent Office for its HER-Vaxx immunotherapy.

  • World Intellectual Property Indicators 2021 – Key Findings [Ed: Legitimising WIPO, which is fronting for robber barons by compelling us to believe that we’re better off with more and more monopolies]

    The World Intellectual Property Organization (WIPO) published a report earlier this week on global intellectual property (IP) activity in 2020. There are some very interesting findings in this report, that provide an insight on global economic activity and trends, as summarized below.

  • [Old] Obvious to Try Requires Reasonable Expectation of Success Tethered to Claimed Invention [Ed: Patents deemed fake based on their obviousness; why are such patents being granted in the first place?]

    Addressing obviousness in the context of method of treatment claims using particular drug dosages, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) final written decision holding that Teva failed to prove obviousness because it failed to show a reasonable expectation of success. Teva Pharms., LLC v. Corcept Therapeutics, Inc., Case No. 21-1360 (Fed. Cir. Dec. 7, 2021) (Moore, C.J.)

  • Calfee’s Intellectual Property Practice Adds Four Attorneys From Respected IP Law Firm That Specializes in Representing High Tech Companies

  • Calfee’s Intellectual Property Practice Adds Four Attorneys [Ed: Who needs "tech jobs" when you can do litigation instead?]

  • CRISPR IP deals explode; New VVC pool launched; BlackBerry patent sale latest; Ericsson cash boost for Apple fight; Time to prepare for the UPC
    [Ed: EPO-bribed liar Joff Wild says “Time to prepare for the UPC”. He’s not only promoting crimes, he’s also lying to readers (for years now), as there’s more money in lying and fronting for criminals than in being honest]

  • Patent Trial and Appeal Board Set Date for Oral Hearing in Interference No. 106,115 [Ed: The fanatics still cheer for patents on life and nature!]

    The Patent Trial and Appeal Board has set February 4th at 1:00 pm EST for the Oral Hearing in the Priority Phase of Interference No. 106,115 between the Broad Institute, Harvard University, and MIT (collectively, “Broad”) as Senior Party and the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) as Junior Party. The hearing will be virtual (by telephone, audio only) and will be available to the public upon request under 37 C.F.R. § 41.124(c). The Parties will each have 20 minutes for argument, and each party will be able to reserve 5 minutes for rebuttal, with the Junior Party, CVC, arguing first.

    [...]

    Regarding public access, interested members of the public can request access by e-mailing the request to PTABHearings@uspto.gov. The parties can object to access if that objection is provided at least five business days prior to the oral hearing date.

  • FOSS Patents: First overseas countersuit by Apple against Ericsson discovered in Mannheim, patent-in-suit relates to network bandwidth allocation

    More and more details of the Ericsson-Apple patent dispute become known. Yesterday I provided an update on Ericsson’s patent assertions against Apple, which include (inter alia) that Ericsson is seeking a preliminary injunction in Brazil over three patents and told Apple’s counsel it would seek preliminary injunctions in the Netherlands, too.

    Apple countersued last week. The first 2022 Apple v. Ericsson case to be discovered was a complaint with the United States International Trade Commission, requesting an import ban on Ericsson base stations over three mmWave-related patents.

  • [Older] Is The UK Punching Above Its Weight On Green Innovation? [Ed: Convicted corrupt firm Marks & Clerk greenwashing patents or passing off monopolies as benevolent]

    During COP26, the UK Intellectual Property Office (UKIPO) released a series of reports about patenting activity on various green technology areas. Now that the dust from COP has settled, we thought we would take a closer look at some of the trends and statistics.

    Many of the reports showed that the US and China dominated in terms of the pure number of patent applications filed. These territories are well known for being prolific in the world of patents and so this is as expected. In addition to the absolute filing numbers, the UKIPO provided data on a parameter called “Relative Specialisation Index” (RSI).

  • Can You Apply For A Patent After Disclosing Your Invention?

    Usually the answer is “sorry, it’s too late”, as borne out in a UK IPO decision issued for British patent GB2432556 – a patent for a football goal frame.

    [...]

    The problem for the patentee is that they had sold ‘self-assembly’ football goals that pre-dated their patent application. PMF Products knew this, and had evidence of this, and so the patent was revoked for lack of novelty because of the patentee’s prior sales. The patentee didn’t even try to defend the revocation action, presumably because they knew it was a lost cause.

  • Webinar: Combining online and offline investigations to identify and stop large-scale infringers [Ed: Managing IP now does ads (spam) disguised as "webinars"; lies and lobbying, wrapped up as "information"]

  • Applicant Submitted Prior Art [Ed: The patent extremists-funded Dennis Crouch offers little value for their sponsorship of him: “tweets” as blog posts and other one-liners (or mere image)]

  • Breyer’s Rulings Shaped By Wariness Of Intellectual Property [Ed: Even as Justice Breyer retires patent extremists continue to attack him for standing in the way of patent extremism (profiteers)]

    Departing U.S. Supreme Court Justice Stephen Breyer’s approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges.

    Justice Breyer, who announced his retirement Thursday after over 27 years on the high court, has had a keen interest in intellectual property since he was a Harvard Law School professor. His 1970 article “The Uneasy Case For Copyright” laid out a critical view of IP that informed his much later work on the high court.

  • LG Takes Top Spot in Australian Patent Filings, While Aristocrat Slides Down Rankings [Ed: Whose ranking are these? Who measures these and for what agenda? Since when is it desirable to have as many monopolies as possible? Who is that beneficial for? This author is a patent attorney (profiteer).]

    After two years on top of Australian patent filing charts – including a remarkable (by Australian standards) 435 applications in 2020 – Chinese telecommunications manufacturer OPPO dropped back to third position in 2021. The top spot was taken by last year’s runner-up, South Korea’s LG Electronics, which filed 251 new Australian standard patent applications, up from 236 in 2020. China’s Huawei Technologies took second place, with 243 new applications, also increasing its filings, up from 229 in 2020. Huawei now owns nearly 1,300 live Australian patents and applications, which is a significant investment for a company that is effectively barred from the Australian market. It is likely, however, that many of these patents and applications cover standardised mobile and data communications technologies that are implemented across the industry, and which therefore provide Huawei with a substantial stream of licensing income.

    The top Australian resident applicant, once again, was electronic gaming system developer Aristocrat Technologies. However, from a peak of 252 applications filed in 2018, Aristocrat’s filings have declined significantly. It filed only 72 new standard patent applications in 2021, falling to equal 21st place in the annual ranking (alongside the University of Texas System). Over the same period, Aristocrat has been engaged in a Federal Court battle with the Australian Patent Office in an effort to establish the patent-eligibility of many of its gaming-related inventions, recently suffering a setback in the form of a loss on appeal to a Full Bench of the Court.

  • FCBA Conversation with Federal Circuit Clerk’s Office [Ed: Private, for-profit, aggressive and giant patent litigation firms misuse the name of an actual court [1, 2] to push their agenda; grotesque lobbying against courts]

  • European Biotech Patent Law Webinar [Ed: D Young & Co, which promotes illegal agenda in Europe and spreads fake news, is pushing for expansion of patents to living things]

    D Young & Co will be offering its next European biotech patent law update on February 8, 2022. The webinar will be offered at three times: 9:00 am, noon, and 5:00 pm (GMT). D Young & Co European Patent Attorneys Simon O’Brien and Tom Pagdin will provide an update of new and important EPO biotechnology patent case law.

  • Software Patents

    • Plagiarism as a patent amplifier

      Doesn’t the cryptographic community prioritize unpatented cryptosystems? Why would anyone other than Ding have been putting effort into developing a cryptosystem threatened by Ding’s patent? Why were the New Hope developers starting from that cryptosystem in the first place? If they had some reason to do this, why wasn’t their paper prominently warning people regarding the patent threat?

    • How to protect NFT patents in Mexico [Ed: IAM's sister site "worldtrademarkreview" is legitimising a scam along with patents]

    • Disney patents technology for a theme park metaverse

      Disney has been approved for a patent that would create personalized interactive attractions for theme park visitors. The technology would facilitate headset-free augmented reality (AR) attractions at Disney theme parks.

      The tech would work by tracking visitors using their mobile phones and generating and projecting personalized 3D effects onto nearby physical spaces, walls and objects in the park.

      The entertainment giant was approved for a “virtual-world simulator in a real-world venue” patent on Dec. 28, 2021. It was originally filed to the United States Patent and Trademark Office in July 2020.

    • TD Bank stresses innovation in competition to land tech talent

      The news: TD Bank unveiled a series of major technology updates this week that range from a new hiring initiative to patent milestones.

    • Bilski and the Information Age a Decade Later [Ed: The first blow to software patents in the US]

      In the years from State Street in 1999 to Alice in 2014, legal scholars vigorously debated whether patents should be used to incentivize the invention of business methods. That attention has waned just as economists have produced important new research on the topic, and just as artificial intelligence and cloud computing are changing the nature of business method innovation. This chapter rejoins the debate and concludes that the case for patent protection of business methods is weaker now than it was a decade ago.

• Trademarks

  • Trademarks in Conversation: Assessing Genericism After Booking.com

    It is a fundamental principle of U.S. trademark law that to serve as a trademark, a word or phrase must “indicate the source” of the goods or services with which it is associated and, conversely, that a term that is understood to be the common name of a good or service is “generic” and cannot be protected as a trademark. Yet it still seems difficult to determine exactly what each concept means, particularly when the actual “source” of any goods or services might be opaque to consumers.

    In part, this difficulty comes from the fact that status as a trademark or as a generic term is necessarily contextual. The Supreme Court’s 2020 opinion in United States Patent and Trademark Office v. Booking.com B.V. emphasized the relevance of consumer understanding to this inquiry. Words are not inherently generic or distinctive out of context; APPLE is a trademark for computers but not for fruit.

    Although individuals encounter trademarks in a variety of settings, we ultimately care about this understanding in the context of a consumer’s experience, since that is where relevant confusion is operationalized. To use a supermarket analogy, the consumer is, at least conceptually, first searching for the right aisle (“soft drinks” or “colas”) and then searching among the shelves for the product they want (“Pepsi” rather than “Coca-Cola”). The genericism inquiry is therefore about assessing terms to determine whether they are related to an aisle search or a shelf search.

    Framing the inquiry in this way can help us to see that the question is ultimately about consumer understanding of terms, not consumer use of terms. Looking at how consumers talk about trademarks, whether through corpus analysis, surveys, dictionaries, or other sources, can be helpful, but it is equally important to consider how consumers understand those communications. By thinking of trademarks as elements of conversations among consumers, and borrowing from Gricean implicature, we might be able to determine whether a term is related to finding the right aisle or related to finding the right product on the shelf.

  • The TTABlog^®: Precedential No. 4: TTAB Finds Pastel Colors for Disposable Pipette Tips Both Nondistinctive and Functional

    Color this applicant blue after the USPTO nixed its five applications to register various pastel colors (blue, green, orange, purple, and yellow) for “disposable pipette tips fitted with a customizable mounting shaft,” finding that the proposed marks are not inherently distinctive, lack acquired distintinctiveness under Section 2(f), and are functional under Section 2(e)(5). Although Applicant Integra’s products have been commercially successful, it failed to prove that relevant consumers perceive the “Pastel Tints” as trademarks. Furthermore, the Pastel Tints are essential to the use of Integra’s goods, and therefore de jure functional, because they ensure that customers use the right tip with the right pipette. In re Integra Biosciences Corp., Serial Nos. 87484450, 87484519, 87484584, 87484617, and 87484658 (January 24, 2022) [precedential] (Opinion by Judge Marc A. Bergsman).

    [...]

    Inherently Distinctive? Although “color is usually perceived as ornamentation,” color on product packaging may be “inherently distinctive if ‘[its] intrinsic nature served to identify a particular source.’” Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205, 54 USPQ2d 1065, 1068 (2000) (quoting Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 23 USPQ2d 1081, 1083 (1992)). The issue is whether the trade dress “‘makes such an impression on consumers that they will assume’ the trade dress is associated with a particular source.” Forney Indus., 2020 USPQ2d 10310, at *6 (citing Seabrook Foods, Inc. v. Bar-Well Foods Ltd., 568 F.2d 1342, 196 USPQ2d 289, 291 (CCPA 1977)).

  • Farfetch to Acquire Violet Grey as it Sets its Sights on Beauty [Ed: Paying a lot to merely 'own' a word like "PAPERWORK"]

    Farfetch will acquire beauty brand Violet Grey for an undisclosed sum, the e-commerce platform announced on Friday. In a nod to larger implications of the deal, the parties revealed that Violet Grey founder Cassandra Grey will act as chairwoman for the 10-year-old brand, while also becoming Farfetch’s global beauty advisor and the co-founder of NGG Beauty, a division of Farfetch’s New Guards Group, with both entities looking to enter into the beauty space. The launch of a beauty category on the Farfetch marketplace is scheduled for later this year.
    From a branding perspective, Farfetch appears to be readying for a launch, filing trademark applications for registration in the U.S. and the European Union for its name for use on a long list of cosmetics and beauty-related goods – from eyeshadow, body lotions, face creams, and hair care products to cosmetics bags, perfumes, and exfoliating brushes – on January 19.

  • [Older] European Union: Green® [Ed: EUIPO ‘study’ and greenwashing with trademarks]

    In the midst of COP26, when our newsfeeds are being flooded with sustainability related posts and Greta Thunberg chanting “You can shove your climate crisis up your **** ” – it’s interesting to see the effect environmental consciousness can have on trade marks.

    An EUIPO study has analysed goods and services specifications for the presence of terms related to the protection of the environment and sustainability. Examples include ‘photovoltaic’, ‘solar heating’, ‘wind energy’, ‘recycling’. Approximately 900 such terms have been identified as ‘green’.

• Copyrights

  • Spanish ISPs Blocked 869 Domains & Subdomains in 2021 To Prevent Piracy

    Following the signing voluntary code of conduct between rightsholders and internet service providers in Spain, the government is now reporting on the first year’s results. Overall, the vast majority of providers took action to render 869 domains and subdomains inaccessible to subscribers, with the aim of preventing illegal access to millions of movies, TV shows, videogames and ebooks.

  • Review: The Story of the Treasure Seekers by E. Nesbit

    The Story of the Treasure Seekers was originally published in 1899 and is no longer covered by copyright. I read the free Amazon Kindle version because it was convenient. My guess is that Amazon is republishing the Project Gutenberg version, but they only credit “a community of volunteers.”

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

• Full Circle Weekly News #246

• Only Neofetch-Style App You Ever Need #Shorts – Invidious

  Stop bothering with all of those neofetch style applications and use the one true application that does everything you’ll ever need, that application is nofetch.

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

    • TWC 149: Limited Fibs, and Bases of Unusual Size

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