●● IRC: #techbytes @ Techrights IRC Network: Sunday, February 02, 2025 ●● ● Feb 02 [02:21] *Disconnected (Connection timed out). [02:21] *Now talking on #techbytes ● Feb 02 [05:01] schestowitz[TR2] http://ipkitten.blogspot.com/2025/01/upc-finds-that-it-has-jurisdiction-to.html?showComment=1738343651517#c1756218570802741085 [05:01] -TechBytesBot/#techbytes-ipkitten.blogspot.com | UPC finds that it has jurisdiction to consider infringement in the UK (UPC_CFI_355/2023) - The IPKat [05:01] schestowitz[TR2] "Apart from the jurisdiction issue, the decision provides detailed explanations regarding claim interpretation which deserve high attention, esp. in connection with case G 1/24 before the EBA.

See the following excerpt from section B.II.1 (page 27) :
a patent monopoly may be used as its own lexicon (UPC_CoA_335/2023, Order of 26 February 2024, Head-note 2 NanoString v 10x Genomics; UPC_CFI_14/2024 (CD [05:01] schestowitz[TR2] Munich), Decision of 16 July 2024, Headnote 1 Regeneron v Amgen).

This clearly states the UPCs position regarding question 3 before the EBA. This question arose in the patent monopoly at suit in the referring decision T 439/22 as to whether the term gathered sheet was to be interpreted according to its ordinary meaning or according to a specific definition of this term in the description of the orig [05:01] schestowitz[TR2] inal application, which included two different meanings in addition to the ordinary meaning. This question, albeit narrow, provided a basis in T 439/22 for raising the much broader question of whether Art 69 EPC is applicable to claim interpretation in EPO proceedings.

As to the general rule of claim interpretation, the decision states in the same section :
The normal rule of claim construction is that the [05:01] schestowitz[TR2] terms used in a claim should be given their broadest technically sensible meaning in the context of the claim in which they appear. Thus, the description cannot be relied on to exclude subject-matter which the broadest technically sensible meaning of the terms used in a claim would include as part of what is claimed (UPC_CoA_335/2023, Order of 26 February 2024, reasons 4.d.cc. NanoString v 10x Genomics).

It is no [05:01] schestowitz[TR2] teworthy that the mention in the decision of the broadest technically sensible meaning exactly matches the settled case law of the EPO, applied in many BOA decisions, including very recent decisions T 1886/22 and T 1345/23 of 5 November 2024. It is surprising that T 439/22 did not explicit mention this rule.

Since the UPC does apply Art 69 for claim interpretation, the decision makes it clear that the principle whi [05:01] schestowitz[TR2] ch is the settled case law of the EPO is fully compatible with Art 69.

The decision provides several illustrations of the principle. An interesting example relates to the interpretation of indefinite article a, which may mean one or one or more (the French equivalent for the English a is un, which is more ambiguous since it means both a and one)." [05:01] schestowitz[TR2] http://ipkitten.blogspot.com/2025/01/upc-finds-that-it-has-jurisdiction-to.html?showComment=1738340766110#c58085951553459097 [05:01] schestowitz[TR2] "The present decision has been commented on Kluwer Patent Blog and on my own blog.

It is clear that the UPC wants as much as possible to have its fingers in the pie.

The present decision was taken by the LD Hamburg and we will have to see what the CoA UPC will make out of it.

The CoA had decided that a PI was not valid for Irland as Ireland has signed but not yet ratified the UPC.

The [05:01] schestowitz[TR2] re is another decision, this time from the CoA UPC, in which the CoA claims that the UPC has jurisdiction to decide on acts of infringement committed before the entry into force of the UPCA on 01.06.2023, as long as the European patent monopoly invoked has not yet lapsed at that date.

This decision has also been commented in my blog.

We really live in interesting times. " [05:01] -TechBytesBot/#techbytes-ipkitten.blogspot.com | UPC finds that it has jurisdiction to consider infringement in the UK (UPC_CFI_355/2023) - The IPKat ● Feb 02 [07:51] *x-amarsh04 has quit (Quit: Konversation terminated!) [07:56] *x-amarsh04 (~amarsh04@yrifiesvn57du.irc) has joined #techbytes ● Feb 02 [09:02] *jacobk has quit (Ping timeout: 2m30s) [09:04] *jacobk (~quassel@syp65ggum2ibk.irc) has joined #techbytes [09:57] schestowitz[TR2] "Microsoft forms Advanced Planning Unit to support its AI efforts" [09:57] schestowitz[TR2] x https://siliconangle.com/2025/01/31/microsoft-forms-advanced-planning-unit-support-ai-efforts/ [09:57] -TechBytesBot/#techbytes-Microsoft forms Advanced Planning Unit to support its AI efforts - SiliconANGLE [09:58] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● Feb 02 [10:07] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Feb 02 [12:21] schestowitz[TR2]
  • [12:21] schestowitz[TR2]
    This old phone reads poetry to you using a Raspberry Pi Zero
    [12:21] schestowitz[TR2]
    [12:21] schestowitz[TR2]

    There are all sorts of ways to revitalize old hardware, but throwing a Raspberry Pi into the mix is a sure way to get us excited. This project, put together by a maker known as Rootkid, does just that with a really clever upgrade to a vintage phone. When you pick up the receiver of this old phone, you'll be met with a random audio recording of a poem.

    [12:21] schestowitz[TR2]
    [12:21] schestowitz[TR2]
    • [12:21] schestowitz[TR2] [12:21] -TechBytesBot/#techbytes-www.tomshardware.com | This old phone reads poetry to you using a Raspberry Pi Zero | Tom's Hardware [12:25] schestowitz[TR2]
  • [12:25] schestowitz[TR2]
    Parrot OS 6.3 Released with Enhanced Security, New Tools
    [12:25] schestowitz[TR2]
    [12:25] schestowitz[TR2]

    Relying on MATE desktop environment 1.26, Parrot 6.3 ships with updates to applications like Metasploit (6.4.43), Maltego (4.8.1), and Wireshark (4.0.17), among many others. This release also adds Caido (0.44.1) and Seclists-lite (2024.4), which promise to expand and refine your security toolkit.

    [12:25] schestowitz[TR2]
    [12:25] schestowitz[TR2]
    • [12:25] schestowitz[TR2] [12:25] -TechBytesBot/#techbytes-linuxiac.com | Parrot OS 6.3 Released with Enhanced Security, New Tools ● Feb 02 [14:19] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [14:20] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Feb 02 [15:50] *208CTMA8X has quit (Ping timeout: 120 seconds) [15:50] *techrights-sec4 has quit (Ping timeout: 120 seconds) [15:50] *316BIZ190 has quit (Ping timeout: 120 seconds) [15:50] *acer-box (~acer-box@freenode/user/schestowitz) has joined #techbytes [15:50] *schestowitz-TR2 has quit (Ping timeout: 120 seconds) [15:51] *techrights-sec4 (~quassel@freenode-shlcd8.ldvb.0amm.hij1op.IP) has joined #techbytes [15:51] *techrights-sec1 (~quassel@freenode-shlcd8.ldvb.0amm.hij1op.IP) has joined #techbytes [15:51] *techrights-sec3 (~quassel@freenode-shlcd8.ldvb.0amm.hij1op.IP) has joined #techbytes ● Feb 02 [17:18] schestowitz[TR2] " [17:18] schestowitz[TR2] Apologies for the Torygraph link, it does however bring up a very important [17:18] schestowitz[TR2] point which affects IT severely. The leaders of Linux, FreeBSD, OpenBSD, and [17:18] schestowitz[TR2] NetBSD are all entering or have crossed that age of big decline*. Linux and [17:18] schestowitz[TR2] to a certain extent FreeBSD have had limited success in bringing in new blood. [17:18] schestowitz[TR2] However, there are precious few capable of the work and fewer of those with [17:18] schestowitz[TR2] the potential are able to get an actual education. It's *harder* to get into [17:18] schestowitz[TR2] a position to learn ICT these days than 30 years ago due to M$ and Bill's [17:18] schestowitz[TR2] long term attack against CS." [17:22] schestowitz[TR2] added as weekend topic ● Feb 02 [19:41] *jacobk has quit (Ping timeout: 2m30s) ● Feb 02 [20:17] *jacobk (~quassel@syp65ggum2ibk.irc) has joined #techbytes