(ℹ) Join us now at the IRC channel | ䷉ Find the plain text version at this address.
| schestowitz | https://twitter.com/trolltrip/status/1414641314499530760 | Jul 14 00:24 |
|---|---|---|
| -TechBytesBot/#techbytes-@trolltrip: @schestowitz connection refused? | Jul 14 00:24 | |
| schestowitz | This is what the then head of the AC and present VP5 thought of the new strike regulations: | Jul 14 00:34 |
| schestowitz | https://www.juve.de/nachrichten/namenundnachrichten/2017/12/interview-mit-epa-verwaltungschef-ernst-der-neue-muss-den-frieden-wiederherstellen | Jul 14 00:34 |
| schestowitz | "http://patentblog.kluweriplaw.com/2021/07/13/ilo-epo-president-battistelli-abused-his-power-in-restraining-workers-right-to-strike/#comments" | Jul 14 00:34 |
| -TechBytesBot/#techbytes-www.juve.de | Interview mit EPA-Verwaltungschef: „Der Neue muss den Frieden wiederherstellen” « JUVE | Jul 14 00:34 | |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | ILO: EPO president Battistelli abused his power in restraining workers’ right to strike - Kluwer Patent Blog | Jul 14 00:34 | |
| schestowitz | http://patentblog.kluweriplaw.com/2021/07/10/unified-patent-court-a-lot-closer-after-decision-german-fcc/#comments | Jul 14 00:39 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Unified Patent Court a lot closer after decision German FCC - Kluwer Patent Blog | Jul 14 00:39 | |
| schestowitz | " | Jul 14 00:39 |
| schestowitz | Patent robot | Jul 14 00:39 |
| schestowitz | July 12, 2021 at 9:35 am | Jul 14 00:39 |
| schestowitz | For me the only possible solution is to amend the Protocol by removing any reference to the UK and to agree that if a seat is not available (e.g. London and Budapest) at the date of entry into force of the Agreement, a local seat, which is already available (e.g. Milan), temporarily takes its place. | Jul 14 00:39 |
| schestowitz | I cannot avoid to remark that in five years the Agreement could have been amended, when the “team UPC” tried to square the circle… | Jul 14 00:39 |
| schestowitz | Reply | Jul 14 00:39 |
| schestowitz | Attentive observer | Jul 14 00:39 |
| schestowitz | July 12, 2021 at 3:25 pm | Jul 14 00:39 |
| schestowitz | @ Patent robot | Jul 14 00:39 |
| schestowitz | In theory your proposal is nice, but the problem is less at the level of the protocols than at the level of the UPCA itself. | Jul 14 00:39 |
| schestowitz | Art 7(2) UPCA exists as well annex 1 which is part of the agreement. | Jul 14 00:39 |
| schestowitz | It is difficult to see that a statement which is as clear as such in the agreement can be ignored and a replacement be decided just like this, the more since the change would only be temporary. | Jul 14 00:39 |
| schestowitz | Art 87(2) UPCA which has been envisaged to allow the change from provisional to permanent is not fit for the purpose of sneaking in another country: | Jul 14 00:39 |
| schestowitz | Art 87(3) provides that “The Administrative Committee may amend this Agreement to bring it into line with an international treaty relating to patents or Union law.” | Jul 14 00:39 |
| schestowitz | It is difficult to see that the change proposed would indeed correspond bring the UPCA into line with an international treaty relating to patents or Union law. | Jul 14 00:39 |
| schestowitz | Art 87(3) UPCA is just there to align the UPCA with legislation adopted by all the contracting state or new Union law which is transformed in national law. | Jul 14 00:39 |
| schestowitz | Art 87(3) UPCA avoids having to ratify an amendment of the UPCA if the corresponding legislation is already part of the national legislation in the contracting states. | Jul 14 00:39 |
| schestowitz | Art 87(3) UPCA is not there to fundamentally amend the UPCA. | Jul 14 00:39 |
| schestowitz | The only way of doing this correctly is to amend the UPCA and start a new round of ratifications. | Jul 14 00:39 |
| schestowitz | This would mean that the UPCA would be delayed for quite a while and the interest for it could, and most probably would, vanish. | Jul 14 00:39 |
| schestowitz | That is why any means to start the UPC as soon as possible is good for its proponents and why they refuse to amend the UPCA. | Jul 14 00:39 |
| schestowitz | On the other hand, how could a representative suggest to a client not to opt-out which an agreement being on such wobbly feet. | Jul 14 00:39 |
| schestowitz | The first party losing at the UPC would make everything possible to have the UPCA screened by the CJEU. | Jul 14 00:39 |
| schestowitz | Reply | Jul 14 00:40 |
| schestowitz | Patrick O Reilly | Jul 14 00:40 |
| schestowitz | July 12, 2021 at 7:11 pm | Jul 14 00:40 |
| schestowitz | “The first party losing at the UPC would make everything possible to have the UPCA screened by the CJEU.” | Jul 14 00:40 |
| schestowitz | The previous project of 2009 had its controversial rules of procedure to be approved by the CJEU. It was replaced on the UPC by being reviewed by the European Commission. | Jul 14 00:40 |
| schestowitz | Just ti remember that the complete UPCA was never submitted to the CJEU for a complete review. | Jul 14 00:40 |
| schestowitz | Reply | Jul 14 00:40 |
| schestowitz | Is the UPCA conform with EU law? | Jul 14 00:40 |
| schestowitz | July 13, 2021 at 9:07 am | Jul 14 00:40 |
| schestowitz | One wonders why the UPC proponents never wanted to submit the UPCA and its annexes to the EUCJ? | Jul 14 00:40 |
| schestowitz | They only ever claimed that that the UPCA is conform with EU law without ever proving it. | Jul 14 00:40 |
| schestowitz | How can an agreement allowing removal of a UPC judge from its office (by the Presidium) without having any means of redress be compatible with EU law?. See Art 10 of the Statute. | Jul 14 00:40 |
| schestowitz | At the same time the Commission launches an action against a member states for lack of respect of the judicial order. | Jul 14 00:40 |
| schestowitz | Only the prior opinion of the European Commission on the compatibility of the Rules of Procedure, or their amendment, with Union law is necessary, cf Art 41(2) UPCA. I could not find any legal requiring that the UPCA should be reviewed by the European Commission. | Jul 14 00:40 |
| schestowitz | It is one of the particularity of the English legal system that there can be part-time-judges. This has been taken over in the UPCA. I am not sure that on the continent the notion of part-time judge even exists. Now the UK has left the EU why should this system be kept for the UPC. | Jul 14 00:40 |
| schestowitz | " | Jul 14 00:40 |
| schestowitz | > > rejection of Karlsruhe is being interpreted by many observers as a | Jul 14 00:56 |
| schestowitz | > > political one. Stjerna already saw this excuse of "unsubstanciated" in | Jul 14 00:56 |
| schestowitz | > > his chapter 3 of his 2018 paper, as a cheap escape for the court | Jul 14 00:56 |
| schestowitz | > not to | Jul 14 00:56 |
| schestowitz | > > address the issue. | Jul 14 00:56 |
| schestowitz | > > | Jul 14 00:56 |
| schestowitz | > > Please keep this confidential for the moment. | Jul 14 00:56 |
| schestowitz | > | Jul 14 00:56 |
| schestowitz | > I myself was never sure about "in re". | Jul 14 00:56 |
| schestowitz | > | Jul 14 00:56 |
| schestowitz | > This affair is far from over. Fight on. | Jul 14 00:56 |
| schestowitz | > | Jul 14 00:56 |
| schestowitz | > They try to get us to give up by demoralising us. | Jul 14 00:57 |
| schestowitz | > | Jul 14 00:57 |
| schestowitz | > | Jul 14 00:57 |
| schestowitz | > One Idea is to crowdwrite a second complaint, so that the problems we | Jul 14 00:57 |
| schestowitz | > tabled are visible for all. Including whether a self-financed court is | Jul 14 00:57 |
| schestowitz | > actually also compliant with the Grundgezet. | Jul 14 00:57 |
| schestowitz | > | Jul 14 00:57 |
| schestowitz | > The "rule of law" is an actual German invention from 1904. | Jul 14 00:57 |
| schestowitz | I totally support a further complaint. See upc kluwer comments x8 http://patentblog.kluweriplaw.com/2021/07/09/german-fcc-no-preliminary-injunction-against-ratification-of-agreement-on-a-unified-patent-court/#comments | Jul 14 00:57 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | German FCC: No preliminary injunction against ratification of Agreement on a Unified Patent Court - Kluwer Patent Blog | Jul 14 00:57 | |
| schestowitz | x8 http://patentblog.kluweriplaw.com/2021/07/10/unified-patent-court-a-lot-closer-after-decision-german-fcc/ | Jul 14 00:57 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Unified Patent Court a lot closer after decision German FCC - Kluwer Patent Blog | Jul 14 00:57 | |
| schestowitz | 5x http://patentblog.kluweriplaw.com/2021/07/13/ilo-epo-president-battistelli-abused-his-power-in-restraining-workers-right-to-strike/ | Jul 14 00:57 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | ILO: EPO president Battistelli abused his power in restraining workers’ right to strike - Kluwer Patent Blog | Jul 14 00:57 | |
| *rianne_ has quit (Ping timeout: 2m30s) | Jul 14 01:36 | |
| *liberty_box has quit (Ping timeout: 2m30s) | Jul 14 01:37 | |
| *rianne_ (~rianne@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 01:45 | |
| *liberty_box (~liberty@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 01:46 | |
| *liberty_box has quit (Ping timeout: 2m30s) | Jul 14 02:36 | |
| *rianne_ has quit (Ping timeout: 2m30s) | Jul 14 02:36 | |
| *liberty_box (~liberty@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 02:40 | |
| *rianne_ (~rianne@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 02:40 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes | Jul 14 03:12 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes | Jul 14 03:35 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes | Jul 14 03:41 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes | Jul 14 04:03 | |
| *DaemonFC has quit (Ping timeout: 2m30s) | Jul 14 04:17 | |
| *liberty_box has quit (Ping timeout: 2m30s) | Jul 14 04:36 | |
| *rianne_ has quit (Ping timeout: 2m30s) | Jul 14 04:36 | |
| *rianne_ (~rianne@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 04:40 | |
| *liberty_box (~liberty@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 04:41 | |
| *DaemonFC (~DaemonFC@wked9wvpdr386.irc) has joined #techbytes | Jul 14 04:55 | |
| *asusbox has quit (Quit: Konversation terminated!) | Jul 14 05:58 | |
| *asusbox (~rianne@22e8m8t4gqjin.irc) has joined #techbytes | Jul 14 05:58 | |
| *DaemonFC has quit (Quit: Leaving) | Jul 14 06:28 | |
| *psydruid has quit (Ping timeout: 2m30s) | Jul 14 07:44 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes | Jul 14 11:42 | |
| *psydroid_ (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes | Jul 14 11:43 | |
| schestowitz | x https://blog.jreypo.io/2021/07/09/a-look-into-cbl-mariner-microsoft-internal-linux-distribution/ | Jul 14 13:57 |
| -TechBytesBot/#techbytes-blog.jreypo.io | A look into CBL-Mariner, Microsoft’s internal Linux distribution - Juanma’s Blog | Jul 14 13:57 | |
| schestowitz | x https://www.dailymail.co.uk/news/article-9781993/Bill-Gates-verge-tears-Sun-Valley-opened-divorce-Melinda.html | Jul 14 13:59 |
| -TechBytesBot/#techbytes-www.dailymail.co.uk | Bill Gates was 'on verge of tears' at Sun Valley as he opened up about divorce from Melinda | Daily Mail Online | Jul 14 13:59 | |
| schestowitz | x https://www.awanireview.com/microsoft-has-released-its-linux-distro-under-the-codename-cbl-mariner-where-cbl-stands-for-common-base-linux/ | Jul 14 14:00 |
| -TechBytesBot/#techbytes-www.awanireview.com | Microsoft has released its Linux distro under the codename CBL-Mariner where CBL stands for Common Base Linux | Jul 14 14:00 | |
| *DaemonFC (~DaemonFC@whyhddtbvmtb4.irc) has joined #techbytes | Jul 14 15:10 | |
| *DaemonFC has quit (Quit: Leaving) | Jul 14 16:18 | |
| *DaemonFC (~DaemonFC@azyv8kfrr37ck.irc) has joined #techbytes | Jul 14 16:32 | |
| *psydruid has quit (connection closed) | Jul 14 18:11 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes | Jul 14 18:12 | |
| *DaemonFC has quit (Ping timeout: 2m30s) | Jul 14 18:39 | |
| schestowitz | https://twitter.com/skwashd/status/1415359034270441472 | Jul 14 21:14 |
| -TechBytesBot/#techbytes-@skwashd: Zelensky knows how to poke a bear https://t.co/JyNtM48BPa | Jul 14 21:14 | |
| -TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #meduza #ru #russia ☞ ‘More like Cain and Abel’ Zelensky responds to Putin’s essay on the ‘historical uni… https://t.co/VAGYKh7h5c | Jul 14 21:14 | |
| schestowitz | https://twitter.com/SumiAfrin1/status/1415292678476943365 | Jul 14 21:14 |
| -TechBytesBot/#techbytes-@SumiAfrin1: @schestowitz well done | Jul 14 21:14 | |
| schestowitz | https://twitter.com/rajanitjja/status/1415281251754381312 | Jul 14 21:14 |
| -TechBytesBot/#techbytes-@rajanitjja: @schestowitz Wow. Cold. | Jul 14 21:14 | |
| schestowitz | https://twitter.com/glynmoody/status/1415276198901555201 | Jul 14 21:15 |
| -TechBytesBot/#techbytes-@glynmoody: oil pipeline that will exacerbate #climatecrisis already affected by it... https://t.co/gMljICcodC | Jul 14 21:15 | |
| -TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #NBC #Alaska #Environment ☞ Trouble in Alaska? Massive #oil #pipeline is threatened by thawing permafrost https://t.co/uxywCtXUTq | Jul 14 21:15 | |
| *psydroid_ has quit (connection closed) | Jul 14 21:21 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes | Jul 14 21:29 | |
| schestowitz | http://ipkitten.blogspot.com/2021/07/when-does-preclinical-data-plausibly.html?showComment=1626265206637#c6839721976072288842 | Jul 14 22:54 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | When does pre-clinical data plausibly support a therapeutic effect? (T 966/18) - The IPKat | Jul 14 22:54 | |
| schestowitz | " | Jul 14 22:54 |
| schestowitz | The Convention Watchdog | Jul 14 22:54 |
| schestowitz | A further case on plausibility: | Jul 14 22:54 |
| schestowitz | In T 33/19 of April 22, 2021, the same Board, in a different composition, dealt with both requirements sufficiency of disclosure and inventive step. For Art. 83 EPC, the Board found that the claimed pharmaceutical effect was plausible from the teaching of the application as a whole and the common general knowledge, in the absence of any experimental data for proving the effect, even less an effect superior to the prior art. For inventive step, the | Jul 14 22:54 |
| schestowitz | Board concluded, while the prior art provided the skilled person with an incentive to investigate whether the specific pharmaceutical substance could treat the illness as claimed, it could not be considered to provide the skilled person with a reasonable expectation of success. It seems that there are two different levels of plausibility if the applicant has merely followed a direction suggested by the prior art. In such a situation, is there a | Jul 14 22:54 |
| schestowitz | contribution to the art justifying the grant of a patent? | Jul 14 22:54 |
| schestowitz | ' | Jul 14 22:54 |
| *DaemonFC (~DaemonFC@nphkfn4e9x4v2.irc) has joined #techbytes | Jul 14 23:39 | |
| *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes | Jul 14 23:59 | |
Generated by irclog2html.py 2.6 | ䷉ find the plain text version at this address.