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schestowitz <li>Jun 28 07:51
schestowitz              <h5><a href="">What Can You Do With [GNU] Linux on a Chromebook?</a></h5>Jun 28 07:51
-TechBytesBot/#techbytes- ( status 404 @">What/ )Jun 28 07:51
schestowitz              <blockquote>Jun 28 07:51
schestowitz                <p> With most Chromebooks now able to install a virtual Linux environment, you may wonder what you can do with it. There's lots of stuff you can do with the Linux installation on your Chromebook. </p></blockquote></li>Jun 28 07:51
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schestowitzx 28 12:18
-TechBytesBot/ | U-M begins cloud storage migration to Dropbox | The University RecordJun 28 12:18
schestowitz 28 12:53
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 12:53
schestowitz"I'd be interested to know how BASF arrived at a figure of around 1 billion - seems unlikely. It should be noted that this stems from an issue that occurred almost ten years ago and I'd imagine that Carpmaels have changed their processes since then. Everyone makes a mistake at some point, no matter how well they are prepared or their systems are functioning. What is important is how people learn from those and move forward - pointing fingers and Jun 28 12:53
schestowitzplaying the blame game is seldom productive. I'd be surprised if BASF get much from this case and I'm even more surprised BASF weren't tracking the deadline themselves given that this case was supposedly one of their crown jewels...!"Jun 28 12:53
schestowitz 28 12:54
-TechBytesBot/ | [GuestPost] Lord Justice Birss deals with the kitchen sink and the Formstein defence in Facebook v Voxer - The IPKatJun 28 12:54
schestowitz"Jun 28 12:54
schestowitzFor those uneasy about the compulsory use of ViCo for important final trials at the EPO it might be worth noting that in this trial it was the lengthy cross-examination of the opposed experts that was decisive to the outcome of a full-blown trial in which the Judge's attendance was "Remotely, via Teams". Presumably, the technology of the Judge's audio and video feeds were world-class.Jun 28 12:54
schestowitzFor those in jurisdictions that resolve cases in a bifurcated system, laid out here is a finely-balanced case where both sides thought they should have won, on both the infringement issue and the validity issue, depending on what the claim meant to the judge. In such a context, the passages of this judgement on the use of obviousness/insufficiency "squeeze arguments" are super interesting.Jun 28 12:54
schestowitzI can't fault the Judge on his "take" on Formstein. What reasonable mind could disagree? I find it fascinating how English courts decline to grasp the nettle but I suppose it is a bedrock principle of "judicial economy" that you refrain from deciding any legal questions beyond what is strictly needed for the case at hand.Jun 28 12:54
schestowitz"Jun 28 12:54
schestowitz 28 12:55
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 12:55
schestowitz"My understanding is that most private patent attorney firms in the UK are insured through the same mutual - PAMIA. It would be interesting to see a follow-up article as to whether the size of the claim, if successful, would have repercussions for the wider industry due to the impact on the mutual."Jun 28 12:55
schestowitz 28 12:55
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 12:55
schestowitz"Jun 28 12:55
schestowitzBurned on my mind is the comment from the mouth of Robin Jacob that he made when addressing a patent law conference I attended, 20 years or more ago. He told us that much as a career as patent attorney in private practice was attractive, it would never do for him. Why? Because he did not want to be robbed of his sleep at night. Because, he said, with the value of key patents being what it is, just one missed deadline can bring the whole firm down.Jun 28 12:55
schestowitzWe patent attorneys can't say we weren't warned.Jun 28 12:55
schestowitzIronic, I think, given the malpractice jurisprudence in Germany, that it's a German corporation running the action here. Robin Jacob was surely imagining the missed due date worst case to be on an American-owned patent.Jun 28 12:55
schestowitz"Jun 28 12:56
schestowitz 28 13:29
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 13:29
schestowitz"Jun 28 13:29
schestowitzAn increase in premiums seems likely. Having said that PAMIA must have known that claims of this size were possible in a number of sectors. Firms handling patents for blockbuster pharmaceuticals face a similar risk if a key generics-blocking patent were lost, for example. But I suppose knowing it's possible and having it actually happen are two different things.Jun 28 13:29
schestowitzI'd also like to see a follow up on this topic, but it seems doubtful that anyone would want to disclose the necessary information.Jun 28 13:29
schestowitz"Jun 28 13:29
schestowitz 28 13:30
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 13:30
schestowitz"BUT FOR THE GRACE OF GOD GO I. I wish Carpmaels luck. And I think whoever currently represents BASF (you know who you are) should consider whether you want to represent this company and what it would take for them to try you and sue for ONE BILLION DOLLARS (how obscene). I would certainly turn them away as a client."Jun 28 13:30
schestowitz 28 13:30
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 13:30
schestowitz"But it wasn't making headlines on patent blogs 10 years ago. I think it has the potential to break out of IP-centric circles into the wider legal and business consciousness, which is bound to lead to reputational damage for Carpmaels."Jun 28 13:30
schestowitz"Jun 28 14:36
schestowitzThe request under Art. 122 EPC was filed by the representative on 25 July 2012.Jun 28 14:36
schestowitzDG3 issued T1663/12 14 January 2013. That was relatively swift. Its 36 pages are mostly a copy-and-paste recapitulation of the arguments put forward, with a shorter refutation.Jun 28 14:36
schestowitzI've seen this type of action from disappointed private inventors going crazy^W er, sorry, ballistic. Much less so from conglomerates, who are supposedly more savvy about the possibilities and limitations of the patent system.Jun 28 14:36
schestowitzQuestion is: why did BASF wait nearly nine years to file this lawsuit? Jun 28 14:36
schestowitzClaims in civil cases are typically limited to much less than nine years in most jurisdictions, and what happened in the parent application has no direct incidence in the outcome of its EP "divisionals". The UK Limitation Act (1980) provides that for an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.Jun 28 14:36
schestowitzDivisional EP2042227 recently bit the dust, with the proprietor throwing the towel mere moments before the board was finally going to decide the case. Jun 28 14:36
schestowitzFrom the minutes of the OP held 17 December 2020 in T 56/18, page 3: "The proceedings were resumed and the Chairman announced the opinion of the Board on the main request and expressed the Board's preliminary opinions on the auxiliary requests. In addition he reminded the appellant of new Rule 103(4) EPC. After a short recess the appellant withdrew the appeal". Jun 28 14:36
schestowitzDid the appellant want to avert an unfavourable final decision which might have had a bearing in some foreign jurisdictions, in particular the US which has specific demands, cf. 37 CFR 1.56, MPEP s. 2001?) One possibility is that the plaintiff is trying with this suit to signal something to the world (akin to a failed election candidate refusing to acknowledge certified ballot results, against all evidence), rather than actually seeking some Jun 28 14:36
schestowitzmonetary reparation.Jun 28 14:36
schestowitzThe reference to new Rule 103(4) is cute. The full current fee for appeal is 2705€. The appellant paid 1880€ back on 8 January 2018, of which 470€ were returned. Is the EPO seriously thinking that this could constitute a serious incitation for anyone but the most destitute of applicants?Jun 28 14:36
schestowitzIf I wanted to follow this case, as suggested, how could I go about it? There is no mention of the venue (an English court?), a case number, or a filing date (pre ~2009-ish?). Journalism has its "Five Ws". Blogs ought to heed them too.Jun 28 14:36
schestowitzIs there an equivalent to PACER in Britain? BAILII only publishes decisions, not the parties' documents.Jun 28 14:36
schestowitzBTW, when I begin to type "Carpmaels" in a too well-known search engine, it autocompletes with BASF...Jun 28 14:36
schestowitzThe patent family includes a large contigent of US members, with no less than 14 (!) issued patents. I can't tell how many of these are being opposed, as USPTO PAIR seems to be down at this moment, but BASF filed a copy of an USPTO IPR submission in the record for EP2042227, from which I learn that at at least US8899023, US9032709 and US9039982 are the object of IPR proceedings. The batting average immediately reveals something about the comparative Jun 28 14:36
schestowitzvalue of examination from different patent offices...Jun 28 14:36
schestowitzThe pending EP applications and granted patents provide some provisional rights until they are finally decided by an EPO division, board of appeal, or national court. Who will reimburse the public the costs attributable to the uncertainty from the ongoing examination, opposition, and appeal procedures? EP2042227B1 stood about five years before being canned, and this case, EP1663458B1, about four. This family is in its 17th year of existence, and EP Jun 28 14:36
schestowitzrights might still be granted.Jun 28 14:36
schestowitz"Jun 28 14:36
schestowitz 28 14:36
-TechBytesBot/ | Carpmaels & Ransford sued for missed appeal deadline - The IPKatJun 28 14:37
schestowitz 28 15:05
-TechBytesBot/ | Vim, Emacs, and Nano ComparedJun 28 15:05
schestowitz"Jun 28 15:05
schestowitzAll text editors are not alike, and sysadmins typically have a strong preference for one or another.Jun 28 15:05
schestowitzIn this article, three experts compare three different Linux text editors to help you learn which one is right for you.Jun 28 15:05
schestowitz"Jun 28 15:06
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