●● IRC: #techbytes @ Techrights IRC Network: Thursday, July 04, 2024 ●● ● Jul 04 [03:04] *x-amarsh04 has quit (Quit: Konversation terminated!) [03:12] *x-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes ● Jul 04 [05:40] schestowitz[TR2] https://www.thelayoff.com/t/1tiuiiQ0 [05:40] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1tiuiiQ0 ) [05:40] schestowitz[TR2] " but it is always comforting to read when someone high up in Bluescam management gets hit with a sudden departure nor worse, a termination notice; the info trickles through the ubiquitous grapevine. You know then that there is a universal force called karma and it get's them every time for the evil they have done to others. As they say, Karma is a bi--h. No if, but or maybe about that. [05:40] schestowitz[TR2] And not even AK, JK, JW and Nickel and Dime can stop it in a billion years if they tried their damndest. [05:40] schestowitz[TR2] 5 hours ago by Anonymous [05:40] schestowitz[TR2] | 1 reaction (+1/-0) [05:40] schestowitz[TR2] Post ID: @2ypu+1tiuiiQ0 [05:40] schestowitz[TR2] +4 [05:40] schestowitz[TR2] @2ggm+1tiuiiQ0 [05:40] schestowitz[TR2] Same... They tried to inject us with poison. I quit immediately after receiving the directive to get it or quit. Greatest decision of my entire life. [05:40] schestowitz[TR2] 8 hours ago by Anonymous [05:40] schestowitz[TR2] | 6 reactions (+5/-1) [05:40] schestowitz[TR2] Post ID: @2oir+1tiuiiQ0 [05:40] schestowitz[TR2] +2 [05:40] schestowitz[TR2] I quit when they said get vaccinated or get fired. I dont know if anyone got fired but I refuse to work for a company that tries to mandate experimental MRNA injections under the threat of losing your job. No thanks I would rather quit on my terms and never work for a company again who believes they have right to control what goes into my body. [05:40] schestowitz[TR2] " [05:40] schestowitz[TR2] https://www.thelayoff.com/t/1t7lQ6eZ [05:40] schestowitz[TR2] "" [05:40] schestowitz[TR2] McDs clearly explained why it was moving away from using IBM AI. It is on McDs website (link below). [05:40] schestowitz[TR2] https://mcdonaldsjourney.com/en/mcdonalds-google-cloud/#:~:text=In%20a%20strategic%20move%20to%20elevate%20its%20restaurant,customer%20experiences%2C%20empower%20restaurant%20teams%2C%20and%20streamline%20operations. [05:40] schestowitz[TR2] And AK explained it on one of his office hours... [05:40] schestowitz[TR2] The real problem was probably not IBM AI even though there has been some funny issues reported, but more because is not able to provide a full Cloud solution to McDs. [05:40] schestowitz[TR2] So, great job AK! [05:40] schestowitz[TR2] " [05:40] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1t7lQ6eZ ) [05:40] -TechBytesBot/#techbytes-mcdonaldsjourney.com | McDonalds & Google Cloud - Partnership for a Tech-Forward Future [05:41] schestowitz[TR2] https://www.thelayoff.com/t/1tj8pwX5 [05:41] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1tj8pwX5 ) [05:41] schestowitz[TR2] " but.. JG - loved talking about the filthy toilet called IBM India and said everyone in US Consulting should spend a year there ; that says a lot about JG and his tastes or lack thereof. But he's left the Bluescam mother ship and just an advisor to the crook-in-chief AK now. [05:41] schestowitz[TR2] 6 hours ago by Anonymous [05:41] schestowitz[TR2] | 1 reaction (+1/-0) [05:41] schestowitz[TR2] Post ID: @1nzo+1tj8pwX5 [05:41] schestowitz[TR2] +3 [05:41] schestowitz[TR2] They should just move HQ to India and try the DEI sh-t there. [05:41] schestowitz[TR2] Try finding one white person who would even tolerate living in a place that smells like literal sh-t. [05:41] schestowitz[TR2] 7 hours ago by Anonymous [05:41] schestowitz[TR2] | 5 reactions (+4/-1) [05:41] schestowitz[TR2] Post ID: @1wfj+1tj8pwX5 [05:41] schestowitz[TR2] +4 [05:41] schestowitz[TR2] And so goes the knowledge too. Pretty soon there will be nothing left for McKinsey to recommend sending offshore. [05:41] schestowitz[TR2] But execs gotta get their bonuses and the Street has to get its dough. Grab it while you can fellas. [05:41] schestowitz[TR2] 8 hours ago by Anonymous [05:41] schestowitz[TR2] | 4 reactions (+4/-0) [05:41] schestowitz[TR2] Post ID: @1uxv+1tj8pwX5 [05:41] schestowitz[TR2] +4 [05:41] schestowitz[TR2] The dividends committed to shareholders is a big pressure on the management team to cut costs under any circumstances; which forces them to offshore jobs overseas; this is true for any publicly traded tech company. [05:41] schestowitz[TR2] " [05:49] schestowitz[TR2] http://ipkitten.blogspot.com/2024/07/breaking-referral-to-enlarged-board-of.html?showComment=1719921625797#c6648360129697714094 [05:49] schestowitz[TR2] "If the answer to 2) is a flat no, then many telecoms cases will have issues post-grant with claims deemed to be meaningless.

For example, many telecoms cases are granted by the EPO with claim 1 defining something general like a terminal and then use ultra-specific terminology such as RRC layer or MAC CE. Without reading the description (which is, after all, before the claims in the granted patent [05:49] schestowitz[TR2] ), how is the skilled person meant to know that the claim is for 5G-like technology?

Same goes for many areas of standards related technology that I work on, such as video or audio decoding.

These sorts of cases have claim language that is clear in context but the context is obtained from the description." [05:49] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Referral to the Enlarged Board of Appeal on claim interpretation confirmed (G1/24) - The IPKat ● Jul 04 [06:00] schestowitz[TR2] http://ipkitten.blogspot.com/2024/07/breaking-referral-to-enlarged-board-of.html?showComment=1719934361078#c2415009388768106238 [06:00] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Referral to the Enlarged Board of Appeal on claim interpretation confirmed (G1/24) - The IPKat [06:00] schestowitz[TR2] "That the EPO interprets claims in a different manner than courts has its origin in the genesis of the EPC.

It is often forgotten that the EPC is a follow-up to the four drafts for a European patent monopoly under the umbrella of the then EC, later the EU. Those four drafts remained drafts. The upcoming of the PCT has brought some member states to worry about being flooded with unexamined patents. This is why some EPC me [06:00] schestowitz[TR2] mber states refuse a PCT direct access. IT now allows the PCT direct route.

The negotiations reopened on the basis of those four drafts. You will find in the Travaux Prparatoires lots of references to the four drafts.

During the renewed negotiations, a compromise was achieved. The EPC was to become an open convention, i.e. not restricted to CE/EU member states, but the EPO would only grant a patent. [06:00] schestowitz[TR2] The way the patent monopoly and the corresponding rights are exercised was a matter for national courts, or now the UPC, in which the granted EP will have been validated.

We came thus from a fully integrated system in which grant and exploitation of the title were in the hands of a single unit, like in an national system with examination, e.g. Germany, to a system in which grant and exploitation of the title were separa [06:00] schestowitz[TR2] ted.

In this situation, with a dichotomy between grant and exploitation of the patent, it was necessary to have an Art like Art 69 on the interpretation of the claims. The Protocol on interpretation of #Art 69 made clear that the interpretation should not be as strict as the former English interpretation, but not as lenient as the former German interpretation. It should be somehow in-between. The protocol mentions equiv [06:00] schestowitz[TR2] alents without ever defining what equivalents could be. In the Diplomatic Conference of 2000, the EPO proposed a definition of equivalents. This was not accepted by the member states.

It is however clear that interpretation when it comes to infringement can be different, to be precise broader, than the interpretation during prosecution. A good example is the pemetrexed case, were equivalents played an important role. In [06:00] schestowitz[TR2] the absence of any mention in the original application of equivalents, a broad claim to pemetrexed had to be refused by the examiner in charge under Art 123(2).

It might be possible to align the interpretation of the EPO and its boards with that of the UPC on inventive step, but an alignment in matters of novelty and added matter seems difficult in view of the golden standard. It would need a new decision of the [06:00] schestowitz[TR2] EBA to abandon the golden standard. Whether the UPC is prepared to accept the "golden standard" remains to be seen.

Just look at Reasons 1.8 of T 1168/22 published on 02.07.2024: Firstly, equivalence of a claimed feature with parts of the original disclosure is not sufficient to provide for such a feature a direct and unambiguous disclosure according to the so-called gold standard (see G 2/10, reasons [06:00] schestowitz[TR2] 4.3). However, infringement by equivalents can be envisaged.

The EPO is not ignoring Art 69, but when looking at the diverging case law of the boards in this matter, the necessity of a referral cannot be denied. There could be as many interpretations as national courts. In this respect why should the interpretation of the UPC be any better than that of any other national court, be it in EU member states or not.
The referring board related its questions to Art 52-57, but, for apparently good reasons, did not mention Art 123(2). In this respect a disclaimer on Art 54(1 to 3) could appear appropriate in order not to jeopardise the gold standard." [06:00] schestowitz[TR2] "I welcome the Art 69 question referral. I recall Robin Jacob's "intellectually dishonest" criticism of the EPO line on Art 52 religibility but to my mind it is not intellectually dishonest to separate the issue of what the claim means from the issue of what amounts to an "equivalent" infringement of it. The age-old maxim that what comes after and infringes will, if coming before, prejudice novelty is not holy w [06:00] schestowitz[TR2] rit, is it? I prefer clean and predictable pre-grant ex parte examination of patentability at the EPO to endless argument about what is the "scope of protection" of the claim under Art 69 EPC." [06:00] schestowitz[TR2] "This is not an issue. The claims in 5G cases can be hard to decipher and can generalize the specific embodiments description, but that is true of many patents. If the applicant wants their claim to be limited to 5G, they need to put some 5G terminology into the claims; otherwise the claims might inadvertently read onto 4G, or even something else. The EPO telecoms examiners are perfectly amenable to highly specific acronyms being i [06:00] schestowitz[TR2] ncluded in claims. See EP3361820B1, EP3602890B1, EP3349487B1, EP3776967B1, EP3858037B1 as trivial examples of differing breadths. The basic point is, if you claim a "base station", you can't argue that the 4G prior art documents are irrelevant because your description is all about gNBs; the claims are too broad." [06:01] schestowitz[TR2] "Can anybody confirm that these three questions are limited (by the words "patent claims" in Q1) to post-grant proceedings, despite their use of "patentability" rather than "validity"? After all, prior to grant, when ED's are free to object under Art 84, EPC, there isn't any need for EBA clarification, is there?" ● Jul 04 [07:26] *MinceR has quit (Ping timeout: 2m30s) [07:28] *MinceR (~mincer@bringer.of.light) has joined #techbytes [07:28] *irc.techrights.org sets mode +a #techbytes MinceR ● Jul 04 [09:22] *parsifal (~parsifal@td8buq4vgfjan.irc) has joined #techbytes [09:43] *MinceR has quit (Ping timeout: 2m30s) [09:45] *MinceR (~mincer@bringer.of.light) has joined #techbytes [09:45] *irc.techrights.org sets mode +a #techbytes MinceR ● Jul 04 [10:05] *Noisytoot has quit (Ping timeout: 2m30s) [10:06] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [10:22] *Noisytoot has quit (Ping timeout: 2m30s) [10:31] *IsambardPrince has quit (connection closed) [10:37] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [10:40] *Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in) [10:43] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [10:55] *Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in) [10:57] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Jul 04 [11:07] *Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in) [11:08] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Jul 04 [12:37] *acer-box______ has quit (Quit: Konversation term) [12:37] *schestowitz-TR has quit (Quit: Konversation term) [12:37] *schestowitz-TR (~acer-box@v2x87byxv2p3s.irc) has joined #techbytes [12:37] *acer-box______ (~acer-box@freenode/user/schestowitz) has joined #techbytes [12:43] *acer-box______ has quit (Quit: Konversation term) [12:43] *schestowitz-TR has quit (connection closed) [12:43] *schestowitz-TR (~acer-box@v2x87byxv2p3s.irc) has joined #techbytes [12:43] *acer-box______ (~acer-box@freenode/user/schestowitz) has joined #techbytes ● Jul 04 [15:23] *Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in) [15:31] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Jul 04 [16:43] schestowitz[TR2] voted. ● Jul 04 [17:36] *x-amarsh04 has quit (Ping timeout: 2m30s) [17:44] *Noisytoot has quit (Ping timeout: 2m30s) [17:46] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Jul 04 [18:10] *Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in) [18:12] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Jul 04 [21:26] *IsambardPrince (~isambardprince@vcpn35mrije58.irc) has joined #techbytes [21:34] *parsifal has quit (Quit: Leaving) ● Jul 04 [23:17] schestowitz[TR2] https://www.thelayoff.com/t/1tk5ET1N [23:17] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1tk5ET1N ) [23:17] schestowitz[TR2] "" [23:17] schestowitz[TR2] It was a hard time, real hard. After puttin' in ten years of blood, sweat, and tears to that company, thinkin' I'd be safe with all that experience... well, [23:17] schestowitz[TR2] ain't nobody's fool. [23:17] schestowitz[TR2] One fine mornin', me and a thousand other folks in the Azure cloud team got handed our walking papers. It was like a punch in the gut, real sudden-like. We were all blindsided by it. [23:17] schestowitz[TR2] But what hurt even more was findin' out that Satya Nadella, the CEO himself, had some shady dealings with a degenerate refund scam call center in India. That's why I reckon I was included in this batch of layoffs, I asked to many questions about it. [23:17] schestowitz[TR2] Now, I ain't one to gossip or point fingers, but when you're out of work and your life's been turned upside down by corporate shenanigans, well... you start askin' questions. [23:17] schestowitz[TR2] Why are the higher ups covering for Mr Nadella's refund scam and letting 1000 hard working patriots go? [23:17] schestowitz[TR2] It was a real bittersweet time for me, and it took some time to get over that sting of betrayal. [23:17] schestowitz[TR2] But I ain't one to dwell on the past neither. I'm lookin' forward to what's next, and I reckon there's more opportunities out there just waitin' for me. Like they say, when one door closes, another one opens. [23:17] schestowitz[TR2] "