In one of humankind’s historical moments, Linux-powered Perseverance Mars Rover has made a successful landing on Mars. Its landing software is powered by Linux – and open-source software that has been touted for its safety.
Tim Canham mentioned the importance of Linux in the Perseverance Mars Rover success to Mars. In discussion with IEEE Spectrum, the Mars Helicopter Operations Lead at NASA’s Propulsion Laboratory said that “This is the first time we’ll be flying Linux on Mars.” He also touted how it was important for the team to use a proven and safe.
The NASA expert was also not shy away from saying that, “It’s kind of an open-source victory.”
The live telecast of the Perseverance Mars Rover making it to the land was watched by 2 million people on YouTube. The whole scene was mesmerizing and beautiful.
Welcome to this Linux Weekly Roundup.
KDE Plasma 5.21 has been released and it is really good!
Netrunner 21.01, Void Linux 20210218, and Endless OS 3.9.3 have been released this week!
Josh and Kurt talk about the question “what is open source?” Why do we think it’s broken today, and what sort of ideas about what should come next.
Creating bootable USB media to enable you to install Linux has changed since we last talked about it on the show. We discus burning a CD/DVD and today’s methods of creating a bootable USB media from Windows, macOS, and Linux.
We share some exclusive details about the Linux-powered gear that just landed on Mars, and the open-source frameworks that make it possible.
Plus a major new feature coming to a Linux distro near you.
GNU autoconf from the Slackware software series **d**.
On this episode of This Week in Linux, we’ve got a HUGE week of news with the latest release of the Linux kernel with Linux 5.11. KDE has announced the release of Plasma 5.21. We’ve got a lot of Distro news from Fedora, Linux Mint & Devuan. Later in the show, we’ll talk about news from Pine64 about the PinePhone, Kodi entertainment center has a new release and we’ve got some exciting news for GNOME Software. Wait wasn’t there something else? Oh right. Linux Is Now On MARS! All that and much more on Your Weekly Source for Linux GNews!
There is a lot of new hardware enablement with the ARM platforms and DeviceTree additions for the Linux 5.12 kernel merge window.
The various kernel pull requests from Arnd Bergmann were merged on Saturday night following the nearly week long delay due to the PNW winter weather thwarting the start of the merge window. Some of the ARM/DT highlights for Linux 5.12 include:
- Lightening up the kernel by some 21.4k lines is the dropping of many old/obsolete ARM platforms. Nuked this time around are EFM32, PicoXcell, PRIMA2, Tango, U300, ZX, and ARCH/C6X.
While the first week of a new merge window is often one of the busiest times for Linus Torvalds in overseeing the Linux kernel, until last night there was no actual Linux 5.12 code being pushed into the Linux Git repository. Linus was offline most of the week due to winter storms preventing him from pushing to the Git repository and interacting much with the mailing list.
Texas had all the attention this past week for their massive outages, but Portland also experienced a brutal winter storm last weekend. The Oregon winter storm knocked out power to thousands and ended up interfering with the start of the Linux 5.12 merge window.
Many Windows games use direct system calls in their implementation of DRM and anti-cheat features. This is a problem because Windows API re-implementations like Wine do not get to see these syscalls and the Linux kernel has no idea what to do with them. The newly released Linux 5.11 kernel has a solution.
The block subsystem and related storage changes were merged today for the in-development Linux 5.12 kernel.
The IO_uring changes for Linux 5.12 continue to be quite prominent for this very compelling feature of the Linux kernel. In particular, continued work on making IO_uring even faster. With request recycling and task_work optimizations, IO_uring with Linux 5.12 is now in the range of 10% to 20% faster for workloads that are mostly inline. IO_uring is also now fully under memcg protection, SQPOLL fixes, LOOKUP_CACHED support, and other clean-ups and optimizations.
The American technology giant Nvidia has announced that their closed-source graphics driver now features a intentional digital restrictions management (DRM) bug that cripples performance on certain specific workloads such as mining digital Ethereum (ETH) currency. Nvidia story, which does not hold water, is that they are doing this to ensure retail-availability of their RTX 3060 graphics card.
Earlier this month at the virtual FOSDEM 2021 conference was an interesting presentation on how European developers are preparing for AMD-powered supercomputers and beginning to figure out the best approaches for converting existing NVIDIA CUDA GPU code to run on Radeon GPUs as well as whether writing new GPU-focused code with OpenMP device offload is worthwhile.
Mesa's on-disk shader cache, which is used for speeding up game load times by avoiding the redundant recompiling of shaders on successive loads and also helping performance for software that compiles shaders on-the-fly, is seeing a big improvement with Mesa 21.1. Mesa 21.1-devel merged this weekend the new single file cache implementation.
Mesa's new single file shader cache has been in the works by Valve contractor Timothy Arceri the past few months. The single file cache doesn't help with load times any further beyond the existing multi-file cache layout but can help in space savings. By tucking all the cached shaders into a single file is the possibility of better on-disk space savings. Arceri estimates the multi-file cache behavior as is used right now inflates disk usage by more than 3x of the single file cache.
cine-encoder is a handy tool for quickly converting between video formats. It support for preserving HDR meta-data and hardware encoding on Nvidia, and only Nvidia, graphics cards. The latest version has a "improved" design, bug-fixes and support for drag and drop.
Cine-encoder is a simple program designed with one purpose in mind: Converting files between video formats. It is not a linear video editor like kdenlive and it's not useful for splitting or editing audio like you can with avidemux. Cine-encoder is much more similar to Video Trimmer in terms of features: It lets you re-encode video files and that's all it does.
Ahh, Rhythmbox: a solid, dependable music player for the Linux desktop which, like a classic Madonna album, is both great and of its era at the same time.
But could it find favour with a whole new generation of fans? As Madonna can attest, a well-received reinvention is but a solid vision and a few productions tweaks away.
“Joey,” you say. “Express yourself, dude; what is this all about?”
Cue a bedtime story…
Exactly ten years ago, in February 2011, the first commit in ReText git repository was made. It was just a single 364 lines Python file back then (now the project has more than 6000 lines of Python code).
Since 2011, the editor migrated from SourceForge to GitHub, gained a lot of new features, and — most importantly — now there is an active community around it, which includes both long-time contributors and newcomers who create their first issues or pull requests. I don’t always have enough time to reply to issues or implement new features myself, but the community members help me with this.
While why favourite app launcher is dmenu, I get that some people prefer a more graphical solution so today we're looking at something to address that, this is SGTK Menu, a desktop agnostic GTK app launcher.
If you’ve switched to Ubuntu from Mac OS or Windows to do Android development, you’ll need to know how to install Android Studio. In this guide, we’ll show you how to do just that. Follow along as we go over how to install Android Studio on Ubuntu.
The Epic Games Store is quickly becoming a competitor to Steam by adding exclusive PC games to it. Sadly, unlike Steam, it does not have a native Linux release, and there are no plans for Epic to release on Linux in the future.
Not to worry! With a little elbow grease, you can get the Epic Store working on your Linux PC. Here’s how to do it.
In this video, we are looking at how to install Shotcut Video Editor on Linux Mint 20.1.
Adobe Acrobat Reader DC or simply Adobe Reader is a popular software for document viewing, printing, and adding comments. It can also add signs and annotate portable document format or PDFs. It is primarily built for handling PDF documents. The premium version, Adobe Acrobat Pro DC, has more features than Adobe Acrobat Reader DC. For example, you can create PDFs, convert to other formats, edit and protect them.
Adobe now also provides online document cloud services for Adobe Acrobat Reader for managing your work from anywhere and from any device.
Adobe Inc develops the Adobe Acrobat family. The Adobe reader is available for direct download on Windows and Mac OS. It can be installed on Android and IOS as well. There are multiple languages available for installing Adobe Reader. Adobe does not provide a direct download option on the Linux systems as it used to do earlier. In this guide, we will see some workaround for installing Adobe Reader on the Fedora operating system.
Today we are looking at how to install Pencil2D on a Chromebook. Please follow the video/audio guide as a tutorial where we explain the process step by step and use the commands below.
Knowing how to update Linux in the command line is an absolute must for skilled users. Staying updated keeps your system safe, secure, and stocked with the latest features. Today we'll learn how to update an Ubuntu desktop or server from the terminal, or through an SSH connection.
Btrfs have been available in Fedora for quite some time and starting from Fedora 33, new installations of Workstation edition use it by default. Btrfs is pretty capable file system with lots of options, let’s take a look on one aspect: transparent per-file compression.
There’s little bit of misunderstanding how this works and some people recommend to mount with compress option. This is actually not necessary and I would actually strongly suggest NOT to use this option. See, this option makes btrfs to attempt to compress all files that are being written. If the beginning of a file cannot be effectively compressed, it’s marked as “not for compression” and this is never attempted again. This can be even forced via a different option. This looks nice on paper.
The problem is, not all files are good candidates for compression. Compression takes time and it can dramatically worsen performance, things like database files or virtual machine images should never be compressed. Performance of libvirt/KVM goes terribly down by order of magnitude if an inefficient backing store is used (qcow2).
Did you know that you can change the MANPAGER that your shell uses? The MANPAGER is the program that is used to read man pages. By default, this is usually the 'less' program, but you can change it to be whatever you like. Some common choices include bat, vim and neovim.
Beside being a fantastic tool for Artificial Intelligence computing, OpenCV also makes available a number of options to create cool effects applied to pictures. One of these is Oilpainting, which creates an oil paint from your image, able to run in a Raspberry PI
This tutorial will be helpful for beginners to install HPLIP 3.21.2 in Ubuntu 20.04 LTS, Fedora 33, RHEL, LinuxMint 19.x, and Debian 10.7.
HPLIP – HP Linux Image and Printing, developed by HP for Printing, scanning, and faxing with HP inkjet and laser-based printers in Linux platforms.
The latest version of HPLIP 3.21.2 contains new printer support and added support to the new Distro’s and the hplip installer is available for download from SourceForge.
In this tutorial, we will show you how to install Kodi on Manjaro 20. For those of you who didn’t know, Kodi (formerly XBMC Media Center) is an open-source and very powerful project that provides all the necessary tools for transforming your regular PC into a bona fide HTPC, which, if used in conjunction with a big-screen TV and a Hi-Fi audio system, will transform your living room into a veritable home theater. Currently, Kodi can be used to play almost all popular audio and video formats around. It was designed for network playback, so you can stream your multimedia from anywhere in the house or directly from the internet using practically any protocol available.
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 installation of Kodi on a Manjaro 20 (Nibia).
Having packages available locally is helpful in a number of situations. Your organization might be using certain packages which are not available on public repositories. You might also be building your own debian packages and would prefer to have them available locally on the system.
In this article, we will show you how to set up a simple local package repository on an Ubuntu 16.04 system.
In our earlier articles on package management for Debian bases distributions, we’ve covered dpkg, apt-get, and apt-cache tools. In this article, we will cover the apt tool for managing packages on our Ubuntu 16.04 system. The command line options for apt are very similar to those available with apt-get and apt-cache because apt encompasses features of both these tools into one package management tool. Apt is a front-end tool which works with dpkg in the background to maintain software on the system.
To interact with the apt package manager, we use the apt command along with the appropriate options. We’ll now take you through some examples to help understand how we use the apt package manager.
In our last article, we walked you through the basics of Capacity Providers. In this article, let’s create them to test their functionalities. You can create Capacity Providers and add them to the running ECS cluster without touching anything in the cluster.
Installing Unifi Controller in Fedora 33 is easy. Step one: install MongoDB from the official site since it is no longer available in Fedora due to licensing reasons.
I am reinstalling my home server from scratch, I want to start using BTRFS which seems like a great fit for what I am doing (NAS, backups). Installation was smooth, no problems, however I noticed that Fedora Server 33 installed both journald and rsyslogd and journal was configured to do persistent logging.
You know, this is weird. On Red Hat Enterprise Linux 7 and 8, journald is configured in volatile mode and it’s set to forward all logs to syslog. On Fedora 33, it looks like both rsyslog and journald are logging (/var/log/messages and /var/log/journal respectively). No forwarding is going on. This is weird, I am going to file a BZ for folks to investigate.
On the OpenWRT Swtich page, I have set the LAN ports 1 & 2 as VLAN trunk ports (tagged) to allow both to carry the traffic through to the VLAN access ports (untagged) (home = VLAN 3 && guest = VLAN 4). This will create the sub-interfaces eth0.3 and eth0.4 that will contain the separated Layer 2 ethernet traffic to/from those different WiFi clients (ARP, DHCP via dnsmasq, mDNS, etc).
I want to highlight a common misconfiguration in the DNS records for e-mail servers.
When a domain is configured to receive mails usually a DNS record of the type MX is configured pointing to the host name of the mail server.
Notably, according to the respective RFC 1035 the MX record must contain a domain name and may not directly point to an IP address. However some mail servers do configure an IP address. Many mail servers are lenient when it comes to this misconfiguration and will deliver mails nevertheless, so this may stay undetected.
I happen to use a mail server that is less forgiving (Courier), and every now and then I cannot send a mail due to this. It’s rare, but it does happen. If your mail server has such a configuration you may not receive some legitimate e-mails.
Many times we face issues while starting the MYSQL server or on installation on Linux System. There may be a couple of reasons for this issue. Sometimes configuration file already exists in the system and is not removed properly. In that case, we have to discard the MYSQL package and configuration file and reinstall it again.
KDE installation ISOs have been updated with Kernel 5.10.17 LTS. KDE Plasma desktop 5.21.0 and the latest Nvidia 460.39 driver along with the normal package updates from the software repository. Please note if you are fully updated from the software repository then there is no need to do a fresh install from these ISOs.
We've just released SRU30 for Oracle Solaris 11.4. It is available via 'pkg update' from the support repository or by downloading the SRU from My Oracle Support Doc ID 2433412.1.
Oracle continues maintaining Solaris 11.4 with monthly stable release updates but there still is no public sign of anything past 11.4 for this operating system that was once exciting during the Sun Microsystems days. But with this week's 11.4 SRU30 release, at least there are many package updates.
Oracle this past week released Solaris 11.4 Stable Release Update 30 in it being nearly three years already since Solaris 11.4 was introduced. There are a number of prominent package updates with Solaris 11.4 SRU30 including Python 3.9, Perl 5.32, GNU Debugger 10.1, LLVM Clang 11.0, OpenSSH 8.2, and many other package updates. Solaris 11.4 SRU30 also includes updating many of the GNOME desktop components against their 3.36/3.38 state. There are many other package updates that were also carried out in the name of security.
Septor is a Linux distribution which provides users with a pre-configured computing environment for surfing the Internet anonymously. It is based on Debian's Testing branch and it uses Privoxy, a privacy-enhancing proxy, together with the Tor anonymity network to modify web page data and HTTP headers before the page is rendered by the browser. The distribution uses KDE Plasma as the preferred desktop environment and it also includes the Tor Browser for anonymous web browsing and OnionShare for file sharing.
Septor is in the same family of distributions as Tails, which we talked about last year. Tails is also Debian-based and is intended to be used for anonymous web browsing and file sharing. One of the big differences between the two projects is Tails uses the GNOME desktop while Septor uses KDE Plasma. Another difference is Tails is typically run as a live distribution from a USB thumb drive, often with persistent storage. Septor, on the other hand, can either be used as a standard live disc or installed to a hard drive via Debian's system installer.
Septor is available in one edition for 64-bit (x86_64) computers. The ISO file we download is 1.8GB in size. Booting from this media brings up a menu asking if we would like to run the live desktop or launch the installer. When running in UEFI mode just one install option was visible, but in Legacy BIOS mode I could select either a graphical installer or a text installer.
Taking the live option brings up a graphical login screen. We are shown a mostly empty screen that tells us we can sign in to the live desktop using the password "live". There are drop-down menus for choosing our session type (only KDE Plasma is available) and our keyboard layout (only US is available). Signing into the default user account brings up the Plasma desktop with a blue background. A panel sits at the bottom of the display. The desktop is fairly quiet and empty, though browsing through the application menu presents us with several useful tools I will talk about later. We are automatically connected to the Tor network when we open a web browser or other tool, allowing us to browse the web with a degree of anonymity.
CoreELEC 9.2.6 is a maintenance update that comes almost four months after version 9.2.5 to introduce ZRAM support into the Linux kernel, which should dramatically improve the performance. ZRAM creates a compressed block device in RAM with on-the-fly disk compression, but it’s currently only supported on the Amlogic variant, not Amlogic-NG.
This new point release to the 9.2 series also introduces some Bluetooth improvements, such as automatic connection after boot and automatic switching to Bluetooth audio devices. On top of that, it improves media handling and playback.
Here at BetaNews, we report on many Linux distribution releases, because, well, there are a lot of them. Not all of these operating systems are great, and only a handful are legitimate replacements for Windows 10. With that said, Microsoft's operating system is very good, so if you are happy with Windows, you should probably just stick with it. Don't switch for the sake of change, folks.
Unfortunately, some people strongly dislike Windows 10, and they are eager to move onto a Linux-based alternative. If that is you, I have some great news. One of the best Windows alternatives, Netrunner, has a new version. The Debian-based operating system, which uses the excellent KDE Plasma desktop environment, now sits at version 21.01 and carries the moniker "XOXO."
Desktop wallpapers always show a user’s feelings and nature but emphasize a system’s look. Sometimes, wallpapers also help you stay motivated and focused on your goals, so it is essential to have an amazing wallpaper for your desktop/laptop. If you are a lightweight Linux distro user, then there is little chance to choose wallpapers. Before the latest update of Lubuntu, there were lesser options to customize the system according to the users. We have shortlisted for you some of the best wallpapers for the Lubuntu desktop so that you can choose one of them for your Lubuntu system.
Lubuntu is a lightweight OS based on a Linux kernel developed by Ubuntu distribution; this Linux distro has evolved in the GNU license like an open-source tool. Hence, Lubuntu is open source, a completely free, fast, and lightweight operating system that provides an easy-to-use and simple interface.
[...]
In this method, we will provide brief details on changing your Lubuntu system’s appearance completely.
First, change the desktop background to select the appropriate dimension image because it will help you maintain the performance.
In case you want to check the monitor resolution, go to the Menu -> Preference, then Monitor Settings.
In the Monitor Settings, check the monitor configuration, so make sure to download the wallpaper as per the monitor configuration.
Once you download the image from the internet, go to the Menu -> Preference and select desktop preferences.
Suppose you don’t have a high-end device to run Linux distros like Ubuntu, Kubuntu, Debian, etc. You can go for Lubuntu and Linux lite as they offer excellent compatibility for low-end devices. These are lightweight Linux distros that provide appropriate features and options for low-end devices having 512 MB of RAM and lower. However, it is confusing to choose between Lubuntu and Linux Lite as both of these Linux distros have adequate resources. We have briefly overviewed the Linux distros, given information, and a comparison between Lubuntu and Linux lite. Our information can help you to choose the best one according to the requirements without compromising.
Mario Behling designed Lubuntu, Julien Lavergne developed it for many years. It is a lightweight operating system based on the Linux kernel created from the Ubuntu distribution. This Linux distro was developed under the GNU license as an open-source tool, which is entirely free. Lubuntu is a fast and lightweight operating system that provides an easy-to-use and simple interface. Lubuntu aims to work on low-end systems without compromising on performance because it uses LXDE/LXQT.
Many people complain that Lubuntu does not have any animations or effects because this Linux distro aims to improve the performance, eliminating the higher customization scope. You can use Lubuntu in your low-end system because it only requires 256 RAM to work correctly. If you want a brief Lubuntu review, this article will work best because we will cover complete details about Lubuntu.
Aaeon’s Boxer-8521AI fanless embedded computers are based on NXP’s i.MX 8M SoC with a Google Edge TPU as coprocessor. The rugged system features a PoE PD port and operating temperatures of -5€°C to 50€°C.
Aaeon has announced that its Boxer-8521AI system is now available on a mass market scale. The system embeds the Google Edge TPU SoM in a rugged chassis with a flexible mix of I/O. The Boxer-8521AI combines the NXP i.MX 8M SoC (quad Cortex-A53, Cortex-M4F) with the Google Edge TPU coprocessor to deliver speeds up to 4 TOPS at an energy efficient 2 TOPS per Watt, says the company. System memory is 1GB of LPDDR4x DRAM with mass storage in the form of an 8GB eMMC. The system supports ACLinux 4.0 (compatible with Debian 10). The compact box measures 175.8 x 100.0 x 39.0mm.
If you want to get better at billiards, the conventional wisdom is to practice. However, if you’re YouTuber Shane Wighton, you build a robotic cue to play the game for you.
His device looks like a cross between a pool stick, a sci-fi robot, and a heavily-modified weed wacker. Instead of precisely manipulating the cue, you just put it roughly in place, hit the trigger, and let it sink the shot.
In my early list of third-party Raspberry Pi RP2040 boards, I shortly mentioned Cytron Maker Pi Pico baseboard for Raspberry Pi Pico that exposes all pins via female headers, includes LEDs for all GPIOs pin, six Grove connectors, three user push-buttons, one RGB LED, a piezo buzzer, an audio jack, a MicroSD card, and an ESP-01 socket to add WiFi connectivity.
Sequent’s $40 “16-Inputs for Raspberry Pi” HAT provides 16 opto-isolated, 3-240V AC/DC digital inputs and an RS-485 port and can be stacked 8x high for up to 128 inputs.
Sequent Microsystems has included optically isolated digital inputs on its earlier Raspberry Pi Mega-IO Expansion Card (8x opto-inputs) and MegaIO-IND (4x) Raspberry Pi HATs. Now, it has returned to Kickstarter to successfully launch a HAT with 16x opto-isolated, 3-240V AC/DC inputs for data acquisition.
GNU Parallel 20210222 ('Ang Sang Su Kyi') has been released. It is available for download at: http://ftpmirror.gnu.org/parallel/ Please help spreading GNU Parallel by making a testimonial video like Juan Sierra Pons: http://www.elsotanillo.net/wp-content/uploads/GnuParallel_JuanSierraPons.mp4 It does not have to be as detailed as Juan's. It is perfectly fine if you just say your name, and what field you are using GNU Parallel for.
One feature Emacs doesn’t have out of the box is reading data from standard input. Trying to open - (e.g. echo stdin | emacs -) results in Emacs complaining about unknown option (if it ends up starting in graphical mode) or that ‘standard input is not a tty’ (when starting in terminal).
With sufficiently advanced shell one potential solution is the --insert flag paired with command substitution: echo stdin | emacs --insert <(cat). Sadly, it’s not a panacea. It messes up initial buffer (and thus may break setups with custom initial-buffer-choice) and doesn’t address the issue of standard input not being a tty when running Emacs in terminal.
Despite rt.cpan.org still displaying the sunset message, it is in fact not going away forever on the 1st of March, but will have an 'extended downtime' while it is moved elsewhere. In future it'd be nice if communications of such things, and even allowing others to have a say on the matter, could be handled better.
Bash alias is a command-based shortcut title. Every alias comprises a single word (or maybe even a single letter), which can be used rather than a relatively long command. In the Linux system, there have been several instructions that we’ll need to utilize daily. If we can run some popular instructions by typing quick instructions, it would be very beneficial for all of us. Via bash aliases, Linux users can conveniently build commonly used shortcut commands for big commands. Bash aliases are not just used to ease the job and thus save users’ time.
Bash is indeed an interpreted, interactive language, and how much space to reserve in advance does not have to be known. It is also possible to make ready a new array dynamically without declaring it or extending a previously defined array to include further entries. Still, multidimensional arrays aren’t supported by bash, and we can’t get array components that are also arrays. Fortunately, multidimensional arrays can be simulated. This article will provide some illustrations of the simulation of an array of arrays in a bash script.
Although the entire process is not very simple and might seem like a hack, you could perhaps remove an element from the existing array. We could be using more than one method to remove an element. One of the methods is “unset,” which is used to delete an element from a specific index and afterward replace it with some other array. Several other sets of elements can be deleted using: also. You can remove the list element from the end but only the solitary one using the pop() method. Let’s have some examples for this.
I have written my first Rust crate: kmedoids.
Python users can use the wrapper package kmedoids.
It implements k-medoids clustering, and includes our new FasterPAM algorithm that drastically reduces the computational overhead. As long as you can afford to compute the distance matrix of your data set, clustering it with k-medoids is now feasible even for large k. (If your data is continuous and you are interested in minimizing squared errors, k-means surely remains the better choice!)
A jury sided with Ericsson with a $75 million verdict for the patentee. (See the verdict image above). On appeal, the Federal Circuit flipped the verdict — holding that the asserted patent was ineligible under Section 101. In a new SCT petition, Ericsson challenges the decision on procedural grounds — arguing that TCL did not properly preserve the eligibility issue for appeal. In particular, Ericsson argues for waiver because the defendant did not raise the issue in a post-verdict R.50(b) motion for Judgment as a Matter of Law.
During the litigation, TCL had argued that Ericsson’s claims were ineligible under Section 101. Before trial the district court denied TCL’s motion for summary judgment. TCL did not raise the issue again at trial or in a motion for JMOL under either R.50(a) or R.50(b).
Normally, denial of summary judgment does not preserve an issue for appeal. Rather, the moving party must follow up with a pre-verdict motion for JMOL and then a post-verdict renewed-JMOL motion. Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. 394 (2006); Ortiz v. Jordan, 562 U.S. 180 (2011).
[...]
A key element of the majority decision is that – for a question of law – denial of summary judgment of ineligibility fully decides the issue and acts sub silento to effectively grant summary judgment of eligibility. “[T]he district court here did not merely deny summary judgment. Rather … it effectively granted summary judgment in favor of the non-moving party by deciding the issue and leaving nothing left for the jury to decide.” The Federal Circuit majority opinion was written by Chief Judge PROST and joined by Judge CHEN.
Judge NEWMAN wrote in dissent and argued that the majority erred in its approach to summary judgment motions — “The majority announces new law and disrupts precedent.”
