●● IRC: #techbytes @ Techrights IRC Network: Tuesday, October 29, 2024 ●● ● Oct 29 [00:03] schestowitz Next part [00:03] schestowitz "Hi Rianne, hope you are well, [00:03] schestowitz the next part is ready here:" ● Oct 29 [01:23] *x-amarsh04 has quit (connection closed) [01:25] *jacobk (~quassel@rr2rh58ht72yy.irc) has joined #techbytes [01:31] *x-amarsh04 (~amarsh04@zr4wcq3y82n62.irc) has joined #techbytes ● Oct 29 [09:02] *jacobk has quit (Ping timeout: 2m30s) [09:04] *jacobk (~quassel@rr2rh58ht72yy.irc) has joined #techbytes [09:58] *psydroid2 (~psydroid@j9gt2haw74jrk.irc) has joined #techbytes ● Oct 29 [10:15] schestowitz > Oh, I have a back up of my stuff. [10:15] schestowitz > [10:15] schestowitz > Not yours though [10:35] *psydroid2 has quit (Ping timeout: 2m30s) [10:39] *psydroid2 (~psydroid@j9gt2haw74jrk.irc) has joined #techbytes ● Oct 29 [12:43] schestowitz http://ipkitten.blogspot.com/2024/10/cjeu-rules-that-eu-member-states-cannot.html?showComment=1730106143707#c3092964592223243194 [12:43] schestowitz "Looking at the arguments leading the CJEU to its c...
Looking at the arguments leading the CJEU to its conclusion, we can probably go one step further: Copyright protection in the EU is now assured also for works, performances, etc., originating in countries that have not joined the respective conventions or treaties at all. This is a result which the creators of the conventions tried to avoid, because it encouraged [12:43] schestowitz free-riding. Today, we have reached that point because the court tries to assume what really are legislative powers, but without having sufficient overview, because the cases are presented to them as specific disputes and not as overarching political issues." [12:43] -TechBytesBot/#techbytes-ipkitten.blogspot.com | CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention - The IPKat ● Oct 29 [13:18] schestowitz http://ipkitten.blogspot.com/2024/10/board-of-appeal-back-pedals-on-referral.html?showComment=1729904920634#c1841300948947273763 [13:18] schestowitz "Bulk of decisions" is a perfectly fine argument to support the conclusion that this is the interpretation of Art. 84 which has been adopted in several decades of EPO case law. I would not be surprised to find many decisions remitting with an order to grant a patent monopoly on the basis of request XYZ "and a description and drawings to be adapted thereto" taken by the same members that now argue that there is no basis fo [13:18] schestowitz r requiring the description to be adapted.

The fact of the matter is that this is a perfectly good interpretation of Art. 84 even if there may be others. There is no "hidden truth" here that a 100-page decision might uncover for the first time in 40 years.

The real problem is/was that for whatever reason the EPO started to apply the adaptation requirement way too strictly. On this point I have nothing to [13:18] schestowitz add to what DXThomas already wrote.

Btw, the argument that the EPO does not do infringement is beside the point. The UPC and national courts do validity. It is inconceivable that the legislator would not have wished the EPO and national courts to use at least somewhat compatible modes of claim interpretation for assessing validity." [13:18] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Board of Appeal back-pedals on referral in view of "unequivocal" lack of legal basis for the description amendment requirement (T 56/21) - The IPKat [13:18] schestowitz http://ipkitten.blogspot.com/2024/10/board-of-appeal-back-pedals-on-referral.html?showComment=1729903405004#c4834473848218691580 [13:18] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Board of Appeal back-pedals on referral in view of "unequivocal" lack of legal basis for the description amendment requirement (T 56/21) - The IPKat [13:18] schestowitz "@Francis Hagel:
I believe you are misreading the UPC decision in NanoString v. Harvard.
Indeed the relevant point in time for interpreting the claims and the description "for the assessment of validity" is the (effective) filing date, i.e. we have to read the claims and the description through the eyes of the skilled person at that date. However, the text that is being interpreted is that of the claims and the descr [13:18] schestowitz iption as granted. In the same decision, the UPC indeed consistently refers to paragraphs of the description of the patent.

And nothing else would make sense. A patent monopoly is a legal instrument that grants a time-limited monopoly. The scope of this monopoly has to be laid down in this legal instrument, not in some other set of documents." [13:18] schestowitz "The same argument can be used against claim amendments. Should the EPO just examine whether there is something inventive in the application and then grant a patent monopoly on the application as filed?" [13:18] schestowitz http://ipkitten.blogspot.com/2024/10/board-of-appeal-back-pedals-on-referral.html?showComment=1729901984093#c6742595914038442837 [13:18] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Board of Appeal back-pedals on referral in view of "unequivocal" lack of legal basis for the description amendment requirement (T 56/21) - The IPKat [13:19] schestowitz https://patentblog.kluweriplaw.com/2024/10/28/patent-case-pharmathen-global-b-v-vs-novartis-ag-netherlands/ [13:19] schestowitz "After Novartis had obtained a preliminary injunction against Pharmathen, it observed that there were still infringing acts being performed. In the first instance, the provisions judge sided with Novartis and ordered that Pharmathen had to pay EUR 7,500,000 as a penalty. On appeal Pharmathen tried to reverse this verdict, but its efforts were in vain...." [13:19] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Patent case: Pharmathen Global B.V. vs. Novartis AG, Netherlands - Kluwer Patent Blog ● Oct 29 [14:23] schestowitz https://www.thelayoff.com/t/1vdcvUyI [14:23] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1vdcvUyI ) [14:23] schestowitz " [14:23] schestowitz This nets out where consulting within IBM, and AI dropped the ball. Its not that AI isnt working, but it is that management got ahead of their skis and AI is progressing slower than anticipated [14:23] schestowitz Apple Intelligence has landed with a whimper. Apple users and investors alike might need to be patient when it comes to appreciating the potential of artificial intelligence. [14:23] schestowitz The iPhone makers initial AI features for its devices were officially launched Monday and didnt set the world alight. Email summaries, some photo-editing options, and minor improvements to digital assistant Siriits not the stuff of science fiction. [14:23] schestowitz So why all the fanfare of a launch now, when even the tech giant itself admits more exciting features will be rolled out over the next year? The answer is largely because the market is impatient to see AI progress. [14:23] schestowitz That could cause some indigestion in Big Tech earnings this week as the scale of spending on AI infrastructure is revealed. The combined capital expenditure of the largest U.S. tech companies is expected at $218 billion this year, rising to $254 billion in 2025. [14:23] schestowitz It wouldnt be a surprise if Alphabet, Amazon.com, Meta Platforms, and Microsoft are punished if they overshoot capex estimates without being able to show commensurate returns from AI investment. Meta in particular looks vulnerable with a forecast 35% rise in capex for the September quarter from the previous quarter, after a stellar run for the Facebook-parents stock. [14:23] schestowitz However, if the Big Tech stocks take a hit, that doesnt mean an AI bubble is popping. The progress in areas such as content recommendation and image generation is real. Text-to-video and autonomous AI agents for jobs such as customer service look to be next up. Its just going to take a bit of time. [14:23] schestowitz " [14:23] schestowitz So "AI" just means "computer something" now [14:23] schestowitz https://www.thelayoff.com/t/1vdm8elL [14:23] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1vdm8elL ) [14:23] schestowitz " [14:23] schestowitz Alvind is running out of friends in the West, so he's looking for salvation from a bigger crook than himself, Modi. [14:23] schestowitz It's very strange that Alvind didn't get another medal pinned on his chest for his job relocation services to India. Maybe Modi is expecting more money too as part of the deal. [14:23] schestowitz " [14:34] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● Oct 29 [15:33] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [15:46] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [15:52] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Oct 29 [16:03] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [16:09] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Oct 29 [17:31] *psydroid2 has quit (connection closed) [17:48] *psydroid2 (~psydroid@j9gt2haw74jrk.irc) has joined #techbytes [17:52] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [17:58] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Oct 29 [18:25] *parsifal (~parsifal@6thegygyadsu4.irc) has joined #techbytes [18:26] *parsifal has quit (Quit: Leaving) [18:32] *psydroid2 has quit (connection closed) [18:33] *psydroid2 (~psydroid@j9gt2haw74jrk.irc) has joined #techbytes ● Oct 29 [20:38] *jacobk has quit (Ping timeout: 2m30s) ● Oct 29 [21:14] *psydroid2 has quit (connection closed) [21:16] *psydroid2 (~psydroid@j9gt2haw74jrk.irc) has joined #techbytes [21:24] schestowitz https://www.thelayoff.com/t/1vewZKau [21:24] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1vewZKau ) [21:24] schestowitz " [21:24] schestowitz Hardware maintenance business [21:24] schestowitz Does anyone have any idea what AK was referring to (see below) when it comes to HW going from a head wind to flat? That infers a lot of cost take out has occurred [21:24] schestowitz And I know we don't talk on Infrastructure and you acknowledge the mainframe cycle. But I also want to call out credit. Inside the Infrastructure business, there is also a recurring revenue business, which is our hardware maintenance business. And that is also a piece that has gone from being a headwind to potentially close to flat next year. So just in year-to-year, that could well be a 4, 5 point tailwind on that part of the business [21:24] schestowitz " [21:25] schestowitz https://www.thelayoff.com/t/1veKpmtn [21:25] -TechBytesBot/#techbytes- ( status 403 @ https://www.thelayoff.com/t/1veKpmtn ) [21:25] schestowitz " [21:25] schestowitz Alvind hype destroying IBM near term [21:25] schestowitz I cannot believe the BoD doesn't kick Alvind out already. All his hype is blowing in their face. [21:25] schestowitz Just examples... remember how Alvind tooted helping Intel with fabs technology? [21:25] schestowitz https://newsroom.ibm.com/Intel-Teams-with-IBM-for-Advanced-Semiconductor-Research-and-Development [21:25] schestowitz Yes right selling the useless Research "innovations" in fab technology LOL and shortly after Intel asks Samsung for Dab help: [21:25] schestowitz https://www.mk.co.kr/en/it/11146309 [21:25] schestowitz Samsung won't help their biggest competition of the past but... will take IBM's money ... [21:25] schestowitz Same with AI or "regenerative AI" hype to justify massive RAs Alvind is tooting all over and to Modi in India. [21:25] schestowitz Oh here's what is behind it probably. Layoffs of "expensive" knowledgeable US based experts and experience to replace them with monkeys in India whom will use a keyboard and a screen to pretend experts are providing customers fulfilment on infrastructure and services contracts... [21:25] schestowitz Nope not working... customers are leaving IBM's nonsense hence the last Q bad results. [21:25] schestowitz Why Alvind isn't fired for bad performance? [21:25] schestowitz " [21:25] -TechBytesBot/#techbytes-newsroom.ibm.com | IBM Newsroom - Latest News [21:25] -TechBytesBot/#techbytes-www.mk.co.kr | It has been confirmed that Intel, a leading U.S. semiconductor company, has sought a 'Foundry Allian.. - MK ● Oct 29 [23:13] *techrights-sec4 has quit (Ping timeout: 2m30s) [23:13] *techrights-sec1 (~quassel@p9wpy7xxaddvc.irc) has joined #techbytes [23:22] *parsifal (~parsifal@6thegygyadsu4.irc) has joined #techbytes [23:22] *parsifal has quit (Quit: Leaving)