●● IRC: #techbytes @ Techrights IRC Network: Wednesday, July 14, 2021 ●● ● Jul 14 [00:24] schestowitz https://twitter.com/trolltrip/status/1414641314499530760 [00:24] -TechBytesBot/#techbytes-@trolltrip: @schestowitz connection refused? [00:34] schestowitz This is what the then head of the AC and present VP5 thought of the new strike regulations: [00:34] schestowitz https://www.juve.de/nachrichten/namenundnachrichten/2017/12/interview-mit-epa-verwaltungschef-ernst-der-neue-muss-den-frieden-wiederherstellen [00:34] schestowitz "http://patentblog.kluweriplaw.com/2021/07/13/ilo-epo-president-battistelli-abused-his-power-in-restraining-workers-right-to-strike/#comments" [00:34] -TechBytesBot/#techbytes-www.juve.de | Interview mit EPA-Verwaltungschef: Der Neue muss den Frieden wiederherstellen JUVE [00:34] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | ILO: EPO president Battistelli abused his power in restraining workers right to strike - Kluwer Patent Blog [00:39] schestowitz http://patentblog.kluweriplaw.com/2021/07/10/unified-patent-court-a-lot-closer-after-decision-german-fcc/#comments [00:39] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Unified Patent Court a lot closer after decision German FCC - Kluwer Patent Blog [00:39] schestowitz " [00:39] schestowitz Patent robot [00:39] schestowitz July 12, 2021 at 9:35 am [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. [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 [00:39] schestowitz Reply [00:39] schestowitz Attentive observer [00:39] schestowitz July 12, 2021 at 3:25 pm [00:39] schestowitz @ Patent robot [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. [00:39] schestowitz Art 7(2) UPCA exists as well annex 1 which is part of the agreement. [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. [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: [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. [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. [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. [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. [00:39] schestowitz Art 87(3) UPCA is not there to fundamentally amend the UPCA. [00:39] schestowitz The only way of doing this correctly is to amend the UPCA and start a new round of ratifications. [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. [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. [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. [00:39] schestowitz The first party losing at the UPC would make everything possible to have the UPCA screened by the CJEU. [00:40] schestowitz Reply [00:40] schestowitz Patrick O Reilly [00:40] schestowitz July 12, 2021 at 7:11 pm [00:40] schestowitz The first party losing at the UPC would make everything possible to have the UPCA screened by the CJEU. [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. [00:40] schestowitz Just ti remember that the complete UPCA was never submitted to the CJEU for a complete review. [00:40] schestowitz Reply [00:40] schestowitz Is the UPCA conform with EU law? [00:40] schestowitz July 13, 2021 at 9:07 am [00:40] schestowitz One wonders why the UPC proponents never wanted to submit the UPCA and its annexes to the EUCJ? [00:40] schestowitz They only ever claimed that that the UPCA is conform with EU law without ever proving it. [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. [00:40] schestowitz At the same time the Commission launches an action against a member states for lack of respect of the judicial order. [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. [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. [00:40] schestowitz " [00:56] schestowitz > > rejection of Karlsruhe is being interpreted by many observers as a [00:56] schestowitz > > political one. Stjerna already saw this excuse of "unsubstanciated" in [00:56] schestowitz > > his chapter 3 of his 2018 paper, as a cheap escape for the court [00:56] schestowitz > not to [00:56] schestowitz > > address the issue. [00:56] schestowitz > > [00:56] schestowitz > > Please keep this confidential for the moment. [00:56] schestowitz > [00:56] schestowitz > I myself was never sure about "in re". [00:56] schestowitz > [00:56] schestowitz > This affair is far from over. Fight on. [00:56] schestowitz > [00:57] schestowitz > They try to get us to give up by demoralising us. [00:57] schestowitz > [00:57] schestowitz > [00:57] schestowitz > One Idea is to crowdwrite a second complaint, so that the problems we [00:57] schestowitz > tabled are visible for all. Including whether a self-financed court is [00:57] schestowitz > actually also compliant with the Grundgezet. [00:57] schestowitz > [00:57] schestowitz > The "rule of law" is an actual German invention from 1904. [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 [00:57] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | German FCC: No preliminary injunction against ratification of Agreement on a Unified Patent Court - Kluwer Patent Blog [00:57] schestowitz x8 http://patentblog.kluweriplaw.com/2021/07/10/unified-patent-court-a-lot-closer-after-decision-german-fcc/ [00:57] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Unified Patent Court a lot closer after decision German FCC - Kluwer Patent Blog [00:57] schestowitz 5x http://patentblog.kluweriplaw.com/2021/07/13/ilo-epo-president-battistelli-abused-his-power-in-restraining-workers-right-to-strike/ [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 [01:36] *rianne_ has quit (Ping timeout: 2m30s) [01:37] *liberty_box has quit (Ping timeout: 2m30s) [01:45] *rianne_ (~rianne@22e8m8t4gqjin.irc) has joined #techbytes [01:46] *liberty_box (~liberty@22e8m8t4gqjin.irc) has joined #techbytes ● Jul 14 [02:36] *liberty_box has quit (Ping timeout: 2m30s) [02:36] *rianne_ has quit (Ping timeout: 2m30s) [02:40] *liberty_box (~liberty@22e8m8t4gqjin.irc) has joined #techbytes [02:40] *rianne_ (~rianne@22e8m8t4gqjin.irc) has joined #techbytes ● Jul 14 [03:12] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [03:35] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [03:41] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● Jul 14 [04:03] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [04:17] *DaemonFC has quit (Ping timeout: 2m30s) [04:36] *liberty_box has quit (Ping timeout: 2m30s) [04:36] *rianne_ has quit (Ping timeout: 2m30s) [04:40] *rianne_ (~rianne@22e8m8t4gqjin.irc) has joined #techbytes [04:41] *liberty_box (~liberty@22e8m8t4gqjin.irc) has joined #techbytes [04:55] *DaemonFC (~DaemonFC@wked9wvpdr386.irc) has joined #techbytes ● Jul 14 [05:58] *asusbox has quit (Quit: Konversation terminated!) [05:58] *asusbox (~rianne@22e8m8t4gqjin.irc) has joined #techbytes ● Jul 14 [06:28] *DaemonFC has quit (Quit: Leaving) ● Jul 14 [07:44] *psydruid has quit (Ping timeout: 2m30s) ● Jul 14 [11:42] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [11:43] *psydroid_ (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes ● Jul 14 [13:57] schestowitz x https://blog.jreypo.io/2021/07/09/a-look-into-cbl-mariner-microsoft-internal-linux-distribution/ [13:57] -TechBytesBot/#techbytes-blog.jreypo.io | A look into CBL-Mariner, Microsofts internal Linux distribution - Juanmas Blog [13:59] schestowitz x https://www.dailymail.co.uk/news/article-9781993/Bill-Gates-verge-tears-Sun-Valley-opened-divorce-Melinda.html [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 [14:00] schestowitz x https://www.awanireview.com/microsoft-has-released-its-linux-distro-under-the-codename-cbl-mariner-where-cbl-stands-for-common-base-linux/ [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 [15:10] *DaemonFC (~DaemonFC@whyhddtbvmtb4.irc) has joined #techbytes ● Jul 14 [16:18] *DaemonFC has quit (Quit: Leaving) [16:32] *DaemonFC (~DaemonFC@azyv8kfrr37ck.irc) has joined #techbytes ● Jul 14 [18:11] *psydruid has quit (connection closed) [18:12] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [18:39] *DaemonFC has quit (Ping timeout: 2m30s) ● Jul 14 [21:14] schestowitz https://twitter.com/skwashd/status/1415359034270441472 [21:14] -TechBytesBot/#techbytes-@skwashd: Zelensky knows how to poke a bear https://t.co/JyNtM48BPa [21:14] -TechBytesBot/#techbytes-@schestowitz: NEWS #meduza #ru #russia More like Cain and Abel Zelensky responds to Putins essay on the historical uni https://t.co/VAGYKh7h5c [21:14] schestowitz https://twitter.com/SumiAfrin1/status/1415292678476943365 [21:14] -TechBytesBot/#techbytes-@SumiAfrin1: @schestowitz well done [21:14] schestowitz https://twitter.com/rajanitjja/status/1415281251754381312 [21:14] -TechBytesBot/#techbytes-@rajanitjja: @schestowitz Wow. Cold. [21:15] schestowitz https://twitter.com/glynmoody/status/1415276198901555201 [21:15] -TechBytesBot/#techbytes-@glynmoody: oil pipeline that will exacerbate #climatecrisis already affected by it... https://t.co/gMljICcodC [21:15] -TechBytesBot/#techbytes-@schestowitz: NEWS #NBC #Alaska #Environment Trouble in Alaska? Massive #oil #pipeline is threatened by thawing permafrost https://t.co/uxywCtXUTq [21:21] *psydroid_ has quit (connection closed) [21:29] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● Jul 14 [22:54] schestowitz http://ipkitten.blogspot.com/2021/07/when-does-preclinical-data-plausibly.html?showComment=1626265206637#c6839721976072288842 [22:54] -TechBytesBot/#techbytes-ipkitten.blogspot.com | When does pre-clinical data plausibly support a therapeutic effect? (T 966/18) - The IPKat [22:54] schestowitz " [22:54] schestowitz The Convention Watchdog [22:54] schestowitz A further case on plausibility: [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 [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 [22:54] schestowitz contribution to the art justifying the grant of a patent? [22:54] schestowitz ' ● Jul 14 [23:39] *DaemonFC (~DaemonFC@nphkfn4e9x4v2.irc) has joined #techbytes [23:59] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes