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schestowitz"Mar 22 00:04
schestowitzBe careful to document any speculation made in posts.Mar 22 00:04
schestowitzOn the phone, don't offer information but do try to draw out withMar 22 00:04
schestowitzopen ended questions, avoiding yes/no questionsMar 22 00:04
schestowitzI expect that there will be a lot of doubletalk from them"Mar 22 00:04
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schestowitzWhere i... ☞ http://ipkitten.blogspot.com/2024/03/discrepancies-in-description-should-be.html?showComment=1710954685987#c6324959285903349327Mar 22 03:07
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Discrepancies in the description should be amended in line with the claims, but do not affect interpretation of the claims (T 0447/22) - The IPKatMar 22 03:07
schestowitz"@ Anonymous of 20.03.2024 at 09:23:00 GMT<br /><br />Where is there any arrogance to be seen in the fact that the BA of the EPO has come to a conclusion which does not correspond to that of another court and of an expert mandated by this court. The courts are independent from each other and they are perfectly entitled to come to different conclusions on the same case. This goes in both directions. <br /><br />When it comes to the validMar 22 03:07
schestowitzity of a claim, the last word lies with the BA after appeal in opposition. This is how the European Patent system has been conceived. It might not correspond to the views of a national court, but that is how it is. <br /><br />A national court might conclude to infringement, but once the BA has decided to revoke the European patent monopoly or to maintain it in amended form, this decision is applicable in all contracting states of the EMar 22 03:07
schestowitzPC in which the European patent monopoly has been validated. <br /><br />I would also like to observe that a BA does not have to resort to an expert opinion as it is always composed of two technical and one legal member.  This is not the case in German courts only composed of legal members. <br /><br />I find the conclusion of the BA much more convincing than that of the German courts supported by an expert opinion. The protruding partsMar 22 03:07
schestowitz cannot be considered as steering device. The protruding parts are simply allowing the device to follow the course of the pipe and cannot do anything else. <br /><br />The steering device can, as stated by the BA, change the direction of travel. This is the more so as the protruding parts and the steering device were defined in separate features of claim 1.<br /><br />For the surplus, I have commented T 447/22 in another blog. "Mar 22 03:07
schestowitz http://ipkitten.blogspot.com/2024/03/guest-post-dramatic-reversal-in-crispr.html?showComment=1710968554120#c8691645548604443763Mar 22 03:07
-TechBytesBot/#techbytes-ipkitten.blogspot.com | [Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22 - The IPKatMar 22 03:07
schestowitz"In fact, G 1/22 explicitly states that ex post tra...</a></h5><blockquote><br />In fact, G 1/22 explicitly states that ex post transfer of priority rights would be allowed under the EPC (see Reasons 100 and 114), in case that a presumption of entitlement exists on the date on which the priority is claimed. The rebuttal of the presumption must also relate to this date, and that later developments cannot affect the rebuttable presumptionMar 22 03:07
schestowitz&quot; (see Reasons 109). <br /><br />Based on this logic, the BoA concluded that, as being retroactive, an at least implicit transfer agreement by way of the settlement of the inventorship dispute would relate to this date, and confirmed the presumption on entitlement to exist on this date.<br /><br />OK. But does this mean that, if, based on disagreement, a party has already created facts, these facts can be undone by a later settlemeMar 22 03:07
schestowitznt that is then construed to imply that the earlier disagreement did not exist? Here is what happened: <br /><br />(i) Mr Marraffini has assigned his priority rights on inter alia P1 and P2 to Rockefeller University on that 12 Dec 2013 (i.e., one year after the earliest priority date) (assignment recorded at the USPTO under Reel 032309, Frame 0575). <br />(ii) Rockefeller filed a non-provisional application that same day, as well as a PMar 22 03:07
schestowitzCT application PCT/US2013/074611 (published as WO2014093595), claiming the priority of inter alia P1 and P2.<br />(iii) As recorded by a letter to the USPTO, Broad wasn’t happy with this step, claiming that Rockefeller’s submission was not authorized by Broad, and that Marraffini was not a legitimate  inventor. <br /><br />As a result, the BoA envisaged that it would remit the case to the 1st instance for further negotiation. <br />Mar 22 03:07
schestowitz<br />So, is it really true that the ex post transfer of priority rights, which the BoA deemed allowable, can be based on a presumption that the entitlement of such transfer existed already on 12 Dec 2013, i.e., the date on which the priority was claimed? <br /><br />Point taken, but considering the patent monopoly is eventually maintained - what does this all change, now, for those interested in using the technology, and asking themselMar 22 03:07
schestowitzves who to apply for a license? <br /><br />Well, not much. The licensing situation in the US remains unaffected by this decision, while in Europe, CVC still has the earlier priority date (25. May 2012 vs. 12. Dec 2012), and has claims that encompass the application in eukaryotes (see e.g., CVC’s EP280081B1, which was found, in 1st instance, to sufficiently enable claims related to the use in eukaryotes, because combinations with NLS Mar 22 03:07
schestowitz(nuclear localization sequences) would be known from ZFN and TALEN, and a combination thereof with CRISPR would be in the routine of the skilled artisan. This case is in appeal though and oral hearings will take place in Oct 2024).<br /><br />So, the recent decision does not make it easier for those who what to use the technology - but probably not more difficult either."Mar 22 03:07
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schestowitzHarvey scheduled this latest story for 2024 (leap year).Mar 22 04:49
schestowitzhttp://tobkes.othellomaster.com/Mar 22 04:49
-TechBytesBot/#techbytes-tobkes.othellomaster.com | Harvey TobkesMar 22 04:49
schestowitz<DaemonFC> I didn't tell John about it, but I got a check from the car finance company. They said it was overpaid by $801 so they made a check out to me.Mar 22 05:22
schestowitz<DaemonFC> He made off with $11,000 after they paid the car loan off. And yeah, he gave me $2200 of it.Mar 22 05:22
schestowitz<DaemonFC> But yeah.Mar 22 05:22
schestowitz<DaemonFC> Now he's doing some class action against Kia demanding another $4,000 for himself.Mar 22 05:22
schestowitz<DaemonFC> Kia didn't bother to put any antitheft systems in and then they had that "car theft challenge".Mar 22 05:22
schestowitzDaemonFC: yesterday i saw a kia vanMar 22 05:22
schestowitzvery largeMar 22 05:22
schestowitzfor a korean [pun]Mar 22 05:22
schestowitzi recalled all the issuesMar 22 05:22
schestowitzlockingMar 22 05:22
schestowitzspontaneous firesMar 22 05:23
schestowitzcan't figure out why people in the uk buy theseMar 22 05:23
schestowitzwe have our european car brandsMar 22 05:23
schestowitzand they don't try and fail at "smart" thingsMar 22 05:23
DaemonFCYou mean they try and fail because they're made in Europe.Mar 22 05:25
DaemonFCAnd if you insult the people who made it, they can have you arrested by Scotland.Mar 22 05:25
DaemonFCFrance is horrible.Mar 22 05:26
DaemonFCThe UK is so-so.Mar 22 05:26
DaemonFCCanada is just Discount UK.Mar 22 05:26
DaemonFCCanadians need to be invaded. They really do.Mar 22 05:26
DaemonFCThey need to be invaded and have a proper legal system inflicted on them, like Japan was.Mar 22 05:27
DaemonFCAfter five years or so, we leave them to it, but only sort of.Mar 22 05:27
DaemonFCTrudeau can be arrested and tried for crimes against human rights.Mar 22 05:28
DaemonFCIncluding expression, assembly, speech, religion, and the free press.Mar 22 05:29
DaemonFCLike Saddam Hussein only a little different.Mar 22 05:30
schestowitzwowMar 22 05:36
schestowitzsome "ideas" right thereMar 22 05:36
schestowitzstandup comedy by ryanMar 22 05:36
schestowitz   <li>Mar 22 07:09
schestowitz                                            <h5><a href="https://blog.davidedmundson.co.uk/blog/kde-store-content/">Trusting content on the KDE Store</a></h5>Mar 22 07:09
schestowitz                                            <blockquote>Mar 22 07:09
schestowitz                                                <p>A global theme on the kde third party store had an issue where it executed a script that removed user's data. It wasn't intended as malicious, but a mistake in some shell parsing. It was promptly identified and removed, but not before doing some damage to that user. </p>Mar 22 07:09
schestowitz                                                <p> This has started a lot of discourse around the concept of the store, security and upstream KDE. With the main question how can a theme have access to do this? </p>Mar 22 07:09
schestowitz                                            </blockquote>Mar 22 07:09
schestowitz                                        </li>Mar 22 07:09
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-TechBytesBot/#techbytes-blog.davidedmundson.co.uk | Trusting content on the KDE Store – David Edmundson's Web LogMar 22 07:09
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schestowitz   <li>Mar 22 15:28
schestowitz                                    <h5><a href="https://www.howtogeek.com/system76-lemur-pro-intel-core-ultra/">System76's Lemur Pro Linux Laptop Gets Intel Core Ultra Chips</a></h5>Mar 22 15:28
schestowitz                                    <blockquote>Mar 22 15:28
schestowitz                                        <p>There are some external upgrades to go along with internal hardware changes, too. The Lemur Pro offers a vibrant display with upgraded screen real estate, aiding multitasking and productivity by adopting a 16:10 aspect ratio for improved vertical space. The laptop features a lightweight, durable magnesium alloy construction. The Lemur Pro weighs a mere 2.2 lbs, offering portability without compMar 22 15:28
schestowitzromising on size. And despite the tiny footprint, we have upgraded battery life as well, with up to 14 hours of juice to keep things going. </p>Mar 22 15:28
schestowitz                                    </blockquote>Mar 22 15:28
schestowitz                                </li>Mar 22 15:28
schestowitz                                Mar 22 15:28
schestowitz                                <li>Mar 22 15:28
schestowitz                                    <h5><a href="https://blog.system76.com/post/lemur-pro-ultraportable-laptops/">System76 Introduces Ultraportable Laptops with Intel Core Ultra Processors</a></h5>Mar 22 15:28
schestowitz                                    <blockquote>Mar 22 15:28
schestowitz                                        <p>System76, the premier Linux computer manufacturer, is devoted to engineering machines that serve as catalysts for discovery and innovation. Today, System76 announces major updates to their line of Ultraportable Laptops, including the featherweight Lemur Pro that is releasing today. Now equipped with Intel Core Ultra (Series 1) processors, these laptops are the driving force behind a new campaigMar 22 15:28
schestowitzn, “Purpose Unfolds” , which celebrates users who dedicate themselves to uncovering new advancements in the mysteries of Earth, space, and cyberspace. </p>Mar 22 15:28
schestowitz                                        <p> A later addition to the new laptop line is an upgraded Darter Pro with an Intel Ultra Core 7 H-class processor, serving researchers, developers, and systems engineers with the means to master their passions at home and around the world </p>Mar 22 15:28
schestowitz                                    </blockquote>Mar 22 15:28
schestowitz                                </li>Mar 22 15:28
-TechBytesBot/#techbytes-www.howtogeek.com | System76's Lemur Pro Linux Laptop Gets Intel Core Ultra ChipsMar 22 15:28
-TechBytesBot/#techbytes-blog.system76.com | System76 Introduces Ultraportable Laptops with Intel Core Ultra Processors - System76 BlogMar 22 15:29
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