The **oprofile** and **p2c** packages.
Announced this week was the Fairphone 4 as the latest iteration of this smartphone focused on being "sustainable and ethical" and now the initial patches have been sent out for providing mainline Linux kernel support.
The Fairphone 4 is powered by a Qualcomm Snapdragon 750G and depending upon model has 6GB or 8GB of RAM and 128GB or 256GB of internal storage. There is a 6.3-inch full HD+ display, dual SIM with 5G support, and the device is backed by a five year warranty. Fairphone 4 pricing starts out at €579 for the 6GB RAM / 128GB storage option or €649 for the upgraded version. More details on the Fairphone 4 are available from fairphone.com.
Intel's newest weekly Compute-Runtime update providing open-source OpenCL and oneAPI Level Zero support for their graphics hardware is now reader with broader support for upcoming Alder Lake S processors.
Intel Compute-Runtime 21.39.21127 was released on Friday and in addition to upgrading its Intel Graphics Compiler (IGC) snapshot and other routine updates, it does add a number of ADL-S PCI IDs.
While Intel Xeon "Sapphire Rapids" processors with Advanced Matrix Extensions are set for a Q2'22 ramp in production, one of the key new features that has yet to be properly plumbed in the mainline Linux kernel is for supporting AMX.
For more than one year now that has been various LLVM/Clang and GCC compiler patches as well as the kernel-side work around bringing up Advanced Matrix Extensions as one of the exciting additions for Sapphire Rapids. On Friday the Linux kernel work around supporting AMX was revised for an 11th time.
In this tutorial, we will show you how to view Nginx log files on Linux. For those of you who didn’t know, When managing Nginx web servers, one of the most frequent tasks you’ll perform is checking the log files. Nginx logging to help you troubleshoot and quickly resolve any problem you may encounter on your Nginx web server. Logging is a very powerful tool that will give you valuable data about all the operations of your server. Nginx writes records of its events in two types of logs: access logs and error logs. Access logs write information about client requests, and error logs write information about the server and application issues.
This article assumes you have at least basic knowledge of Linux, know how to use the shell, and most importantly, you host your site on your own VPS. The installation is quite simple and assumes you are running in the root account, if not you may need to add ‘sudo‘ to the commands to get root privileges. I will show you through the step-by-step view of Nginx web server log files on Linux.
Vivaldi is a freeware, cross-platform web browser developed by Vivaldi Technologies. It had grown from the downfall of Opera with many disgruntled when it changed from the Presto layout engine to a Chromium-based browser. This platform angered traditional Opera users. Since then, Vivaldi has become one of the most popular alternative Internet Browsers amongst the big three Chrome, Firefox, and Edge.
Vivaldi promotes itself as a leading browser with faster navigation, clever bookmarking, more intelligent browsing, extensive tab management, and a more visual approach.
In the following tutorial, you will learn how to install Vivaldi Browser on Debian 11 Bullseye.
Streamlink is a command line streaming utility that allows you to watch online video streams in popular media players, such as VLC, MPlayer, MPlayer2, MPC-HC, mpv, Daum Pot Player, QuickTime, and OMXPlayer etc.
It extracts the videos from various online services and pipes them into a media player of your choice. Streamlink currently supports popular live video streaming services, such as YouTube, Dailymotion, Livestream, Twitch, UStream, and more. Streamlink is built upon a plugin system which allows support for new services to be easily added.
Streamlink is written using Python programming language, and was forked from LiveStreamer, which is no longer maintained. Streamlink supports GNU/Linux, *BSDs, Microsoft Windows, and Mac OS X.
Thanks to the Ubuntu Community Fund, the Xubuntu web server has been funded for another two years. Elizabeth announced the news on Twitter early in September. If you want to sponsor Xubuntu and the other flavors, the community fund is the way to go. Other options are available on the Xubuntu website.
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Xfce 4.18 is still very early in its development, with Xfce 4.17 as its development series. Our Debian package manager, Unit 193, has started publishing Xfce 4.17 builds to the Xubuntu QA Experimental PPA for testing and development. There's not much to see here yet, but if you're curious (and don't mind the occasional breakage), check it out! If you prefer not to install bleeding-edge packages on your system, you can also use the XFCE Test docker image to try out the latest changes.
Using podman for most of my local development environment. For my personal/upstream development I started using podman instead of lxc and pbuilder and other toolings. Most projects provide reasonable docker images (such as rust) and I am happier keeping my environment as a whole stable while I can iterate.
The 9th monthly Sparky project and donate report of 2021:
– Linux kernel updated up to version 5.14.9 & 5.15-rc3 – Added to repos: SonoBus, The Lounge, KDiskMark, Webapp-Manager – Sparky 2021.09 & 2021.09 Special Editions of the rolling line released – waterfox-current-kpe package changed name to waterfox-g3-kpe – Sway desktop configured in APTus AppCenter
Linux Mint is preparing a Christmas present for their users with the upcoming 20.3 release, which will come with a refreshed look-and-feel.
The good news for fans of the popular Linux disro Linux Mint does not stop. As you probably know, earlier this month the project got a new revamped website. It looks really minty and it looks modern.
Linux Mint Website Linux Mint’s original website looked dated and potentially unattractive to new-age computer users. The new Mint’s website does a better job than before at welcoming newcomers, explaining what Linux Mint is, why people love it and how to install it.
Granted, [David Huang]’s ESP32-based flip clock is worlds apart from the flip cards of the “I Got You, Babe” era. Unfortunately, the video below is all we have to go on to get the story behind this clock, but it’s pretty self-explanatory. [David] started the build by making the flip cards themselves, a process that takes some topological tricks as well as a laser cutter. 3D-printed spools are loaded with the cards, which are then attached to frames that hold a stepper motor and a Hall-effect sensor. The ESP32 drives the steppers via L298N H-bridge drivers, but it’s hard to say if there’s an RTC chip or if the microcontroller is just getting time via an NTP server.
Help with finding a job: I’ve learnt many times, that when people reach out asking for help, say, for helping them with finding a job; it isn’t about you making a recommendation/referral for them. It, instead, implies that you are indirectly being asked to find and arrange them a job.
These days, supply chain factors and high demand have made it incredibly difficult to lay one’s hands on a GPU. However, if you’re into older computers, you might find it hard to source old-school video cards too. Fear not, for [Dave’s Dev Lab] has been cooking up some experiments with a goal of eventually producing a new 8-bit ISA video card from scratch.
Revealing the inner workings of an unusual component is fascinating, and the lapping technique used is definitely worth a look. It’s something we’ve seen before, for example in reducing CPU thickness for increased performance.
A set of vulnerabilities in the VMware vCenter virtualisation management platform and the company's Cloud Foundation are under active attack currently with users strongly adviced to patch their instances as soon as possible.
Few companies are as devoted to the cause of open-source software as Google LLC, and as if to underline that point, the company said today it’s sponsoring the Linux Foundation’s new Secure Open Source Pilot Program.
The SOS program is an initiative that’s promising to reward developers financially for enhancing the security of what are deemed to be “critical open-source projects” that many organizations depend on. To get the ball rolling, Google said it will donate $1 million to fund those payouts.
In a June 2021 decision, the Federal Circuit supported the USPTO in its arguments that Gilbert Hyatt long-pending patent applications could be rendered moot based upon the doctrine of Prosecution Laches. Hyatt v. Hirshfeld, 998 F.3d 1347 (Fed. Cir. 2021). Those cases are now on remand and the district court is setting up for trial on the question of whether the 20+ year delay in prosecution was due to Hyatt’s unreasonable behavior and whether the delay has resulted in prejudice. The parties now are arguing about whether the court will allow a full presentation of new evidence or limit the trial only to Hyatt’s justifications of his actions.
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Each of these cases involve a PTO refusal to issue the patent based upon prosecution laches.
The news has moved the optimism needle in Brussels, but lots of administrative and legal hurdles remain, including where the life sciences court that was due to be based in London will now be located
In 2014, it was established that the U.S. Copyright Office would "not register works produced by nature, animals, plants, or through divine or supernatural spirits." This declaration stemmed from a monkey who took a selfie and a photographer who thought they had the rights to the image. We are now facing a similar problem with artificial intelligence and patents across the pond in the United Kingdom, where a court has ruled that patents must list humans as inventors, not AI.
In 2015, Stephen Thaler filed a U.S. patent for something dubbed Dabus (Device for the Autonomous Bootstrapping of Unified Sentience), an "Electro-optical device and method for identifying and inducing topological states formed among interconnecting neural modules." While that description may seem like a fair amount of nonsense, in short, it is artificial intelligence with the capability to design inventions. For example, Dabus was used in 2018 for a type of food container and a flashing light, both of which Mr. Thaler attempted to patent in the United Kingdom.
The UK is aiming to become a world leader in AI. Part of that may mean a change of approach to the patenting of AI-created inventions. Mark Marfé and Sarah Taylor of Pinsent Masons explain
Following rejection of the constitutional challenge against Germany's participation in the Unified Patent Court (UPC) reported here, on 27 September 2021 Germany ratified the Protocol on the Provisional Application of the UPC Agreement (PAP-Protocol). The PAP-Protocol brings certain aspects of the UPC Agreement into force provisionally, allowing the UPC to be set up as an institution before the UPC system itself is fully operational. This includes the recruitment of judges and budgeting arrangements for the court.
Two further countries are required to ratify the PAP-Protocol before the phase of provisional application of the UPC agreement can officially start. It has been reported that Slovenia has also recently ratified the PAP-Protocol and that Austria is likely to do so soon. Completion of the remaining ratifications of the PAP-Protocol will effectively establish the UPC as an operational international organisation.
This is an important step forwards for the UPC. Once the UPC preparations are complete, it is intended that Germany will deposit the final ratification required for the UPC Agreement to come into force. This will start the four-month period leading to the day the UPC is able to take its first cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
According to a SUEPO report, EPO president António Campinos published a communiqué on 14 September 2021, explaining that the Office intends to apply the outcome of the judgments to all staff on strike since July 2013 only insofar as they concern excessive strike deductions or for unauthorised absence on 2 and 3 July 2013. The payments should be completed by the end of the year.
However, no moral damages will be awarded by the EPO to those who neither filed a complaint in front of the Tribunal nor an application to intervene.
An important element in the judgments (see this post) was the June 2013 decision CA/D 5/13 of the EPO’s Administrative Council, “creating a new Article 30a of the Service Regulations for permanent employees of the European Patent Office concerning the right to strike and amending the existing Articles 63 and 65 concerning unauthorised absences and the payment of remuneration. (…) Paragraph 10 of Article 30a authorises the President to lay down further terms and conditions (…) Relying on that provision, the President issued Circular No. 347 containing ‘Guidelines applicable in the event of strike’. This text entered into force on 1 July 2013, at the same time as CA/D 5/13.”
The ILOAT concluded that Circular No. 347 was unlawful and also that the EPO management had excessively reduced salaries of staff members who participated in strikes. In case 4433 for instance, a lawfully called strike was illegally considered as unauthorised absence and not as a day of strike and the complainant’s salary was punitively deducted by 1/20th instead of 1/30th.
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The EPO didn’t react to a Kluwer IP Law request for comment on the issue of the ILOAT judgments and/or the SUEPO’s publication about the meeting of 15 September.
In the third of six trials in the wide-ranging battle between Apple and non-practising entity Optis, presiding judge Richard Meade has clarified that Apple, as an implementer, must commit to enter into a court-determined FRAND licence to avoid an injunction. He also dismissed Apple’s threat to leave the UK market altogether to avoid the implications of a potential global FRAND licence.
At the previous technical trial, the judge found that Apple had infringed a valid Optis SEP. Now, if Apple does not commit to a court-determined FRAND licence, it could face a sales ban in the UK.
Optis and Apple at blows
The latest trial, known as Trial F, arose due to Optis amending its pleadings to determine whether Apple is an unwilling licensee. This was due to Apple’s apparent disinclination to take a court-determined licence on FRAND terms. Optis argued that, if this was the case, Apple was disentitled from relying on Optis’ ETSI FRAND commitments. As such, Optis sought an injunction against Apple between the technical trials and next year’s upcoming FRAND trial.
The High Court has found that Apple can only rely on Optis’ undertaking to ETSI if it commits now to enter the licence determined at next year’s FRAND trial. However, the judge declined to grant an injunction against Apple until this completion. The application of a court-determined licence follows last year’s Huawei vs. Unwired Planet decision in its setting of global rates.
Cantargia AB holds a large number of granted patents related to IL1RAP as a target for antibody treatment of cancer. One of Cantargia's European patents for treatment of solid tumors, EP 3020730 B1, was opposed by a third party in 2019. Following a hearing at the European Patent Office (EPO), the Opposition Division confirmed the validity of this European patent and rejected the opposition. Cantargia's extensive patent protection for IL1RAP-targeting therapy is thus fully maintained with unchanged claim scope.
On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No. 106,127 to be accorded benefit of priority to U.S. Patent Application No. 13/842,859, filed March 15, 2013, or in the alternative U.S. Patent Application No. 14/685,504, filed April 7, 2015, or U.S. Patent Application No. 15/138,604, filed April 26, 2016, pursuant to 37 C.F.R. ۤۤ 41.121(a)(2) and 41.208(a)(3) and Standing Order ۦ 208.4.1. CVC filed this motion contingent on the Board granting Senior Party ToolGen's Substantive Preliminary Motion No. 2 to deny CVC priority benefit to U.S. Provisional Application No. 16/757,640, filed January 28, 2013 ("P3"). On July 15th, Toolgen filed its Opposition, and on August 27th CVC filed its Reply.
On 14 September 2021, the Japan Patent Office (JPO) announced that most of the amendments to the Patent Act and other intellectual property laws, which were promulgated on 21 May 2021, will come into force on 1 April 2022. The amendments cover various matters such as the introduction of online oral hearings at the trial board of the JPO, which will come into force on 1 October 2021, and the prohibition of acts in relation to third parties bringing into Japan from abroad goods infringing trademark or design rights. This new provision in effect makes counterfeits sent in small lots from overseas to Japanese residents infringing goods. Regarding patent infringement litigation, the amendment introduces a new system to widely gather opinions from the third parties, which is called a Japanese version Amicus Brief system.
This new system provides that, upon a request from one party and hearing the other party’s opinion, the Tokyo or Osaka District Court handling patent infringement litigation and the IP High court handling appeal cases may invite opinions regarding an issue of the case from the public. The subject of the opinion may be a legal issue or a factual matter, which the court thinks necessary. Each party can select among the gathered opinions those they think useful or supportive to their position and submit copies of the selected opinions as documentary evidence.
According to Sec. 140c of the German Patent Act the patent owner may request documents and inspect an object if there is a sufficient likelihood that such object infringes their patent rights. If this infringement is of a commercial nature (which only excludes acts in the private sphere for noncommercial purposes), the right to request documents also extends to banking, financial and commercial documents. Accordingly, the right to inspection is meant to secure necessary evidence for the preparation of a patent infringement suit and also, but no less importantly, to prevent possibly unnecessary legal disputes in advance.
Coping with information deficits
Paramount for the success or failure of a patent infringement dispute is that the patent owner has all the information needed to demonstrate and prove the use of their invention in a court of law. This is less trivial than it may sound: patent infringements often take place behind closed doors, in production halls, laboratories or operating rooms. Thus, it is good news for anyone who can get hold of a patent-infringing object on which he can demonstrate the infringement of their patent. But what if such an object cannot be obtained because the invention is merely used internally, or if you cannot tell by looking at the object that it makes use of the teaching of the patent, for example because such patent is about a production process? Information deficits in the area of infringement of trade secrets are almost notorious (see Ess, WRP 2020, 988). The law comes to the rescue of the patent owners with a right to inspection (Sec. 140c of the German Patent Act).
Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA). RAIA would roll back changes introduced by former USPTO Director Andrei Iancu and by the courts, restoring the America Invents Act (AIA) to what it was always intended to be—a cost-effective alternative to litigation, providing a way to accurately determine whether a patent should have been issued in the first place. These changes would protect innovators from the assertion of low quality patents and allow them to spend money on engineering, not lawyers.
RAIA addresses a number of aspects of the Patent Trial and Appeal Board (PTAB) and the inter partes (IPR) and post-grant review (PGR) programs. This post explains how RAIA would implement an Arthrex fix, overturn Return Mail, expand eligible categories of prior art, eliminate the Fintiv doctrine, modify the time bars and estoppel provisions, add a statutory stay mechanism, affirmatively require decisions on multiple procedures, bar ex parte communications to PTAB panels, place the burden of proof of patentability for new claims on patent owners, set a firm final date for issuance of certificates modifying patents after appeal is complete, and enhance statutory standing provisions. CCIA strongly supports this legislation.
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RAIA would be overwhelmingly positive for the patent system and for innovation. While there are minor concerns about a few aspects of it, the overall impact would be the restoration of the PTAB to its place as an effective and efficient reviewer of patent validity—and that, in turn, would enable innovators to spend their time and money on engineering instead of lawyering. IPR has saved billions of dollars in legal fees since its creation, but changes like Fintiv threaten that. RAIA would make sure that Congressional intent is respected, with the PTAB serving to provide a second look at patents that never should have issued.
And by making these changes through legislation, rather than through rulemaking, RAIA would ensure that future USPTO Directors can’t try to sabotage the IPR system.
With patent reform clearly on the horizon, as three different bills were introduced this past month, patent disputes still show no sign of slowing down. In fact as Senator Patrick Leahy introduced the Restoring the America Invents Act to address the uncertainty with Fintiv, reexaminations have made a significant comeback and are expected to continue to grow by 33%. This comes on the heels of much uncertainty in 2021 with the pandemic still ongoing, the critical Arthrex decision, and several proposed changes to the patent system. Other factors, such as Qualcomm leaving Velos, could signal a new wave of litigation related to video codecs with a fractional pool approach. Despite the uncertainty this year, the constant variable has been NPEs continually asserting low quality patents against start-ups, small businesses, and manufacturers that are vital for economic recovery and growth.
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Figure 23: Unified Patents recently produced an independent economic study on VVC’s licensing value as a follow up to its 2019 study on the licensing value of HEVC. The study points out that “[f]or VVC to capture market share among cellular device manufacturers, [its] royalty rates will have to be very attractive compared to the rates for AVC and AV1.” VVC is entering a fragmented, multi-codec market and its adoption is uncertain in the face of competitive video solutions that are subject to lower or no royalties. Much of this is due to the excessive royalties and licensing uncertainties that continue to plague VVC’s predecessor, HEVC.
It would be no exaggeration to see the past year as a golden age of Initial Public Offerings (IPOs) for Israeli startups and tech companies. The prominent offerings over the past year include Kaltura, monday.com, WalkMe, Global-e, Playtika, SimilarWeb, SentinelOne, Taboola, ironSource, and Payoneer. Together they have raised more than $2 billion and are traded with combined market caps of more than $50 billion.
Although these tech IPOs have reverberated loudly with huge media coverage, biotech has not been part of the trend. For Biotech companies, an IPO is usually less of an exit and more of a financing event intended to fund expensive research, development, and clinical trials.
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It is also important to consider the time it takes from filing for a patent to be registered. The United States Patent and Trademark Office, the European Patent Office (EPO), and the Israel Patent Office (ILPO), allow for expedited examination. Expediting examination can be important when companies need to show the market – and in many cases the investors– that their patent portfolio includes registered patents found innovative by patent offices. Conversely, there are also cases, where it is important to carefully manage the patent registration process. This allows a company to ensure that its patent applications are published and later registered at the appropriate time from the company's standpoint.
On September 29, 2021, Unified filed a petition for inter partes review (IPR) against U.S. Patent 7,200,613 owned by Paradise IP, LLC, an NPE and IP Edge entity. The ’613 patent relates to asset management databases and has been asserted against 15 companies such as Spotify, Box, Iron Mountain, Citrix Systems, and others.
If you are cancelling others' EUTM registrations, you should consider whether to cancel the newly cloned UK trade mark registrations.
Cancellations based on grounds other than non-use: EUTM registrations with pending cancellation proceedings based on other grounds as at 31 December 2020 would have been cloned into UK trade mark registrations. If the cancellations are based on rights other than UK rights, the proceedings will continue; if the EUTM registrations are totally or partially cancelled, the cloned right in the UK will have the same consequences.
If the cancellations are based on UK prior mark(s) only, the cancellations would have been concluded. The EUTM registrations will remain registered and the cloned UK trade mark registrations may be subject to fresh cancellation proceedings.
If you are cancelling others' EUTM registrations, you should consider whether to cancel the newly cloned UK trade mark registrations.
On 19 November 2018 a Turkish company filed an application for the registration of the word mark SAMS in all classes (Classes 1 to 45).
Following the publication of the application in the Official Trademarks Bulletin, the owner of the well-known SAMSONITE trademarks filed a partial opposition against the application based on a likelihood of confusion for some of the goods in Classes 6, 9 and 18.
In its decision dated 1 October 2019, the Trademarks Department of the Patent and Trademark Office rejected the opposition due to a lack of similarity of the trademarks and a lack of likelihood of confusion, including a likelihood of association.
Turkish Patent and Trademark Office (“TPTO”) has published an updated Trademark Examination Guideline (“Updated Guideline”) on 18 August 2021. The guideline has been updated for the fourth time since 2011, and for the second time since the entry into force of Industrial Property Law (“IPL”) numbered 6769 in 2017.
OnlyFans, mainly known for adult content, has handed power to savvy content creators who are starting to explore the IP rights and tools available to them
