●● IRC: #boycottnovell @ Techrights IRC Network: Saturday, January 13, 2024 ●● ● Jan 13 [02:12] *kvaii has quit (Ping timeout: 120 seconds) [02:12] *kvaii has quit (Ping timeout: 120 seconds) [02:19] *kvaii (~kvaii@freenode-2ue.6ih.pu7h8v.IP) has joined #boycottnovell [02:19] *kvaii (~kvaii@freenode-2ue.6ih.pu7h8v.IP) has joined #boycottnovell ● Jan 13 [04:01] schestowitz http://ipkitten.blogspot.com/2024/01/upc-munich-local-division-takes-novel.html?showComment=1704967605194#c1664194437210199522 [04:01] *TechBN has quit (connection closed) [04:01] *TechBN (~b0t@iijacan2vrgta.irc) has joined #boycottnovell [04:01] -TechBN/#boycottnovell-Failed to load module HelloWorld. Reason: Not found! [04:01] -TechBN/#boycottnovell-Module HelloWorld has been removed until restarted! [04:01] schestowitz "" [04:01] schestowitz No one has mentioned 'added matter' in their comments, but I am hopeful the UPC will develop a philosophy closer to the lenient tests used in national courts. It is difficult to exactly state the UK courts' philosophy, but it seems to be a 'new information' test rather than what is disclosed directly by the words of the patent monopoly or complex imagined combinations of features. I hope the UPC will consider added matter the preser [04:01] schestowitz ve of the EPO, and once a patent monopoly is granted by the EPO added matter no longer needs to be assessed with the same strictness as the EPO. I think that is a sensible approach given that added matter is really a 'formal' issue rather than a substantive issue, but at the moment I fear the UPC is being a little too experimental to really be conscious of how it wants to develop its case law. I believe it would not be helpful for t [04:01] schestowitz he UPC to directly adopt the EPO's tests for added matter. [04:01] schestowitz " [04:01] schestowitz "We do indeed seem to be in agreement on this occasion. I think that this happens more often than you might realise. I still live in hope that we can somehow find common ground (if not complete agreement) on the topic where our views seem to differ quite sharply.

For me, the biggest failing in the Munich LD's decision is the failure to identify the national law that determines the acts against which a unitary patent monopoly provides protection.

It is essential for the profession, and for the broader public, that we gain an understanding of how the UPC will interpret Article 5.3 of Regulation 1257/2012. This is not least because there will undoubtedly be cases in which the parties will be very keen for the UPC to rule upon this issue. Indeed, it is easy to envisage cases in which the selection of one national law over [04:01] schestowitz another might determine the outcome. For example, where the so-called "Bolar" exemption might provide a defence to infringement, patentees will want the UPC to select a national law having a narrow Bolar, whereas the alleged infringers will instead want the UPC to select a national law having a broad Bolar (eg German national law).

I cannot recall whether the interpretation of Article 5.3 of Regulation 1257/201 [04:01] schestowitz 2 has yet been pertinent to any other cases before the UPC. However, given the thorny issues that it throws up, I suspect that most divisions of the court will follow the Munich LD's example ... by avoiding, for as long as possible, any attempts to interpret that provision." [04:02] schestowitz http://ipkitten.blogspot.com/2024/01/upc-munich-local-division-takes-novel.html?showComment=1704995876443#c4633457375597570374 [04:02] *TechBN has quit (connection closed) [04:02] *TechBN (~b0t@iijacan2vrgta.irc) has joined #boycottnovell [04:02] -TechBN/#boycottnovell-Failed to load module HelloWorld. Reason: Not found! [04:02] -TechBN/#boycottnovell-Module HelloWorld has been removed until restarted! [04:05] *Righty has quit (connection closed) [04:25] *Righty (~Username@yk58f7khufeyg.irc) has joined #boycottnovell ● Jan 13 [07:24] *kvaii has quit (Ping timeout: 120 seconds) [07:24] *kvaii has quit (Ping timeout: 120 seconds) [07:39] *RixSon (~RixSon@freenode-2ue.6ih.pu7h8v.IP) has joined #boycottnovell [07:39] *RixSon (~RixSon@freenode-2ue.6ih.pu7h8v.IP) has joined #boycottnovell ● Jan 13 [09:50] *SaphirJD (~SaphirJD@8dh7gmy6ps5fy.irc) has joined #boycottnovell ● Jan 13 [10:35] schestowitz
  • [10:35] schestowitz
    Linux Mint 21.3 Virginia released!
    [10:35] schestowitz
    [10:35] schestowitz

    Linux Mint 21.3 is a long term support release which will be supported until 2027. It comes with updated software and brings refinements and many new features to make your desktop even more comfortable to use.

    [10:35] schestowitz
    [10:35] schestowitz
    • [10:35] *TechBN has quit (connection closed) [10:35] *TechBN (~b0t@iijacan2vrgta.irc) has joined #boycottnovell [10:35] -TechBN/#boycottnovell-Failed to load module HelloWorld. Reason: Not found! [10:35] -TechBN/#boycottnovell-Module HelloWorld has been removed until restarted! ● Jan 13 [11:16] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #boycottnovell ● Jan 13 [13:22] *Noisytoot has quit (Ping timeout: 2m30s) [13:49] *Righty has quit (connection closed) [13:50] *Righty (~Username@vu3ihcj6w65kg.irc) has joined #boycottnovell ● Jan 13 [14:33] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #boycottnovell ● Jan 13 [15:36] *jacobk has quit (Ping timeout: 2m30s) [15:44] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #boycottnovell [15:45] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #boycottnovell [15:50] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #boycottnovell [15:56] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #boycottnovell ● Jan 13 [16:11] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #boycottnovell [16:20] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #boycottnovell ● Jan 13 [18:49] *jacobk (~quassel@zvx8fi87942su.irc) has joined #boycottnovell ● Jan 13 [19:01] *jacobk has quit (Ping timeout: 2m30s) [19:04] *Righty has quit (connection closed) [19:54] *psydroid2 has quit (Quit: KVIrc 5.0.0 Aria http://www.kvirc.net/) [19:56] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #boycottnovell ● Jan 13 [21:28] *Moocher5254 (~quassel@6i8ckjmvfhgyw.irc) has joined #boycottnovell [21:30] *Moocher5254 has quit (Ping timeout: 2m30s) [21:32] *Moocher5254 (~quassel@6i8ckjmvfhgyw.irc) has joined #boycottnovell [21:57] *psydroid2 has quit (Quit: KVIrc 5.0.0 Aria http://www.kvirc.net/) ● Jan 13 [22:19] *SaphirJD has quit (Quit: Leaving) [22:25] *Righty (~Username@tvbeiqxv7ihbn.irc) has joined #boycottnovell [22:30] *Righty has quit (connection closed) ● Jan 13 [23:01] *SaphirJD (~SaphirJD@8dh7gmy6ps5fy.irc) has joined #boycottnovell [23:21] *Righty (~Username@a6kqwvukrsenq.irc) has joined #boycottnovell [23:29] *Righty has quit (Ping timeout: 2m30s) [23:57] *Righty_ (~Username@4qr6snysxbm42.irc) has joined #boycottnovell