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● 08.02.21


● Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released


Posted in News Roundup at 2:47 pm by Dr. Roy SchestowitzContentsGNU/LinuxDistributionsDevices/EmbeddedFree Software/Open SourceLeftovers

GNU/Linux


Desktop/Laptop


↺ Kubuntu Focus Team Announces High-Performance Focus XE


From the makers of the Focus M2 (one of the hottest KDE-specific laptops on the market), comes the new Focus XE. And although it’s focused on those looking for something small in form factor, it’s certainly big in performance.


Sporting 11th generation CPUs and high-speed audio/data ports, this machine isn’t an entry-level, budget-friendly laptop. The specs of the XE include a 4-core processor (Intel Core i7), up to 64GB of 3200 MHz RAM, up to 2TB NVMe storage, and Intel IRIS Xe Graphics. Other features include dual-band 5 GHz wireless, RJ-45 Gigabit Ethernet, Bluetooth dual version 5.2, and Thunderbolt v4. You’ll also find two USB-A 3.2 GEN1 ports, and one USB-C 3.2 GEN2 port. An illuminated keyboard with 4mm of travel, a generous trackpad, a 1.0 MP HD webcam, and a 49 Whr Li-ION battery with FlexiCharge Battery Optimization (available in the BIOS), are all housed in a composite aluminum and plastic chassis.


Linux Magazine


↺ A Bash web server


↺ Anatomy of a kernel attack


↺ Control USB-powered devices with a Raspberry Pi


↺ Linux Mint 20.2 Now Available and Better Than Ever


↺ Better security auditing with Auditd and the Integrity Measurement Architecture


↺ Creating custom Ubuntu images


↺ How to compile your own kernel


↺ The sys admin’s daily grind


↺ FOSSPicks


↺ This month we celebrate the steady and powerful Linux kernel


↺ AlmaLinux Minimal 8.4 and SystemRescueCD 8.03


↺ This month in Linux Voice.


↺ Using a static website generator


↺ Three decades of Linux


↺ A command-line file manager


↺ Getting started with kernel development


↺ Golang: Harder than scripting, but easier than programming in C


↺ Optimizing the Linux Kernel


↺ A VPS from start to finish


↺ Zack’s Kernel News


↺ Non-Fungible Fun


↺ A one-to-one drop-in replacement for CentOS


↺ Sniffing WiFi with an ESP8266 microcontroller


↺ A modern compression tool


Kernel Space


↺ Work Is Back Underway On A Task Isolation Interface For The Linux Kernel – Phoronix


Red Hat’s Marcelo Tosatti has submitted his latest patches implementing a basic task isolation interface for the Linux kernel that would be particularly useful for real-time workloads and high-bandwidth networking applications making use of user-space drivers.


In an effort to eliminate or at least lower operating system noise for relevant user-space applications, this task isolation interface could be used for letting the kernel know that latency-sensitive code is being executed. Applications would notify the kernel via new prctl() options “PR_ISOL_*”.


↺ Linux 5.13.7


↺ Linux 5.10.55


↺ Linux 5.4.137


↺ Linux 4.19.200


↺ Kernel prepatch 5.14-rc4


The 5.14-rc4 kernel prepatch is out for testing. “Nothing to see here, entirely normal rc4″.


Graphics Stack


↺ xeyes 1.2.0


↺ X.Org’s XEyes 1.2 Released, Other Updated X11 Components Too – Phoronix


Several X.Org/X11 components saw new releases on Sunday for kicking off August, including the xeyes program seeing its first non-point release in eleven years.


The fun XEyes demo program that’s long been around to demonstrate an application following the mouse and rendered using X SHAPE is out with a new release. It’s been 11 years since xeyes 1.1 was released while Sunday brought xeyes 1.2.


Applications


↺ Best Educational Applications for Linux


Searching for the best Linux educational Software to help with studies? You have come to the right place. Teachers, students, and school administrators have to get creative when it comes to finding quality software that can be free of cost, or at affordable rates.


Quality educational apps are hard to find, particularly on a student budget. Therefore, it makes sense that schools and students turn to open-source software to save up money. Many people don’t have an idea about the various outstanding educational applications that are present for a Linux OS.


↺ Fwupd 1.6.2 Adds a Plugin to Check Lenovo Firmware Settings, Support for New Hardware


Fwupd 1.6.2 is a massive update and introduces a new plugin for checking Lenovo firmware settings, support for installing UEFI updates from GRUB, initial support for the powerd daemon, support for CapsuleOnDisk, as well as support for soft-requirements that can be ignored with the –force parameter.


In addition, this release adds the ability for devices to only accept version upgrades, allows the discovery of Redfish BMCs specified by MAC or VID-PID and introduces the ability to automatically connect the BMC network interface at startup, and allows fwupd to request interactive action from the end user.


Instructionals/Technical


↺ How to Install Thinkorswim Trading Platformon Ubuntu 20.04


ThinkorSwim is a web-based trading platform developed by TD Ameritrade. It allows users to trade in various stock, options, futures, and equities from the web-based interface. It has also a desktop application available for Windows, macOS, and Linux operating systems. However, it is very complex and designed for advanced users.


In this post, we will show you how to install Thinkorswim on Ubuntu 20.04 desktop.


↺ How to Install BoltWire CMS with Nginx on Ubuntu 20.04 LTS


Bolt is a lightweight content management system (CMS) built on the popular PHP framework. Bolt is perfect for a small business that wants to maintain its own website without worrying about having to learn HTML and other programming languages. Bolt features advanced features such as robust wiki markups, e-commerce, a photo gallery and album builder, audio gallery and player, and guestbooks.


Boltwire stands out for being completely free of charge for individuals and groups of all sizes who have a need for a CMS. Joe Casabona is the creator of Boltwire and he shares his passion by helping others get the most out of his open-source project. Bolt is used in over 200 countries to manage over 500,000 websites. Its developers are volunteers and expect that all users take part in the project by offering feedback and contributing to its development.


↺ How to Install Google Chrome on Linux Mint h


This should be a really simple topic but I am writing this because I see so many websites recommending strange command line steps for installing Google Chrome on Linux Mint. That would work but that’s unnecessarily complicated, specially for beginners not familiar with the command line.


In reality, you don’t need to go terminal way at all. All you have to do is to go to Google Chrome’s website and download the installer file for Ubuntu and install it.


↺ How To Backup And Restore Linux System With Timeshift – OSTechNix


There are plethora of Linux Backup applications exists. But deciding which one is best for your requirement is not so easy. In this guide, I am going to explain what is Timeshift, and its benefits and how to backup and restore Linux system with Timeshift.


↺ How To Install Apache Solr on Debian 10 – idroot


In this tutorial, we will show you how to install Apache Solr on Debian 10. For those of you who didn’t know, Apache Solr is an open-source search platform written in Java. Solr aims at providing distributed indexing, replication, and load-balanced querying with automated failover and recovery.


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 the Apache Solr on a Debian 10 (Buster).


↺ How to Create Users using adduser Command in Linux guide 2021


In terms of user management, adduser Command in Linux operating system is an important command, which is being used for all administration like work with the system. Actually, either “adduser” or “useradd”, both the commands are functioning in similar ways. Basically, UNIX is a very large operating system which is mainly used as Server as well as Network administrative role. For this, a number of normal users are required to be created in this operating system by the administrator (root) to assign specific tasks and roles to specific users. Hence, creating and managing users is a very sensitive task for administrator (root) of the system.


↺ How to Enable Caps Lock Key Indicator in Ubuntu – Make Tech Easier


I am sure most of us have been through situations where we enter a password, but the system rejects it, repeatedly. Then we realize it’s our fault, as we didn’t notice that the Caps Lock key was on.


Is there a way to avoid such situations? For Ubuntu/Linux, you can use a key lock indicator to display your key lock status on screen. Here we show you two such tools: Lock-Keys and Keyboard Modifiers Status extensions.


↺ How to Install AWS CLI Version 1 on Ubuntu


The AWS CLI is a command-line tool to control and manage your AWS services. There are multiple ways of installing AWS CLI on Linux. You can install it using its bundled installer, irrespective of whether you have superuser permissions on your system.


↺ How to become a Linux Samurai


The beauty of Linux is that it is made by programmers, for programmers. It can run on almost any hardware and there is an endless variety of distributions for almost every use case. It is preferred by programmers for its versatility, scalability, container portability, security, and many other features. By Nuno Martins, senior channel solutions rchitect at Red Hat Most importantly, it’s free and open source, which means that it is built and supported by a community of developers who are always at the forefront of innovation and are willing to help each other out. Knowing a few useful command line tricks can save you a lot of time and frustration. Some you may already know, and others may prove to be a hidden gem you weren’t aware of before. Either way, here are some of the essential command line tips and tricks that I think could save you a couple of keystrokes.


↺ How to get system-related information on the Linux command line with Neofetch


Want to share the specifics of your Linux system with someone else via the internet but don’t want to go through the trouble of searching for and typing in each detail one by one? Don’t worry; there’s a command-line program called Neofetch that will display all of the information you need right on the terminal.


In this lesson, we’ll go through the fundamentals of installing and using Neofetch. But, before we go any further, please in mind that this tutorial’s instructions and commands were tested on Ubuntu 20.04 LTS.


↺ How to install CentOS 8 on VirtualBox in Windows 10 Complete Guide 2021


Are you a new user of Linux? Are you looking to start using Linux? Are you want to switch from Windows to Linux?


It totally depends on you, what propose to attract you to have look at this post?


But I assured you, you will get all the information related CentOS including How to install CentOS 8 on VirtualBox and on Computer/Desktop. CentOS/RHEL 8 are similar operating system is working and configuring. RHEL 8 is the most used operating system worldwide in the form of Servers.


↺ How to install Linux apps on your Chromebook


Chrome OS has become one of the most popular desktop operating systems thanks in large part to its availability on a wide range of devices at different price points, ease of use, integration with Google services and strong security. In the past, it’s been widely considered a functional, but ultimately limited environment.


However, Google has done much to change this over the years by adding offline capabilities to many of its services and support for Android applications. One of the most recent and exciting features added to ChromeOS is the ability to run Linux apps. In this guide, we’ll help you get started on installing Linux apps on your Chromebook.


First things first, make sure your device is running at least ChromeOS 69 or later. Make sure you have the most recent version of the OS. You can update Chrome OS by going to Settings > About Chrome OS > Check for updates. Once you’re updated, head over to the Chrome OS Settings again. This time, we’re going to Advanced > Developers and click “Turn On” next to Linux Development Environment.


↺ How to install gtop (System Monitoring Dashboard) on Linux – Unixcop


gtop is a tool which reads information about processes and the state of the system in dynamic mode. As its name, we can think that it is a graphic top command. It contains some views to monitor your cpu, memory, swap, disk and network usage with a percentage and graphical representation. It also shows you the path of the commands in progress.


Gtop is one of the nifty tool that is capable to display system processes dynamically in graphic mode on your Linux terminal.


As the name implies, Gtop stands for graphic top command which reads system process, memory, CPU, network and disk usage information and populate the results in graphic mode with a percentage.


↺ How to use Certbot, create a certificate for domain and submain – Unixcop


Let’s Encrypt is a non-profit certificate authority run by (ISRG) that provides (TLS) encryption certificates at no charge. Certbot identifies the server administrator by a public key. The first time the agent software interacts with certbot generates a new key pair and proves to the Let’s Encrypt CA that the server controls one or more domains. It is similar to the traditional CA process of creating an account and adding fields to that account.


In this tutorial, you will use Certbot to obtain a free SSL certificate for Nginx on Ubuntu and set up your certificate to renew automatically. We will be using the default Nginx configuration file of a server vhosts. We is likely recommend to creating new Nginx server vhosts files for each domain, it helps avoid mistakes. Maintains the default files as a backup configuration as intended if your set up SSL using server is not working.


↺ Install Oracle 19c on Rockylinux Almalinux Centos8


↺ Set up an SSH tarpit in Ubuntu Server 20.04: Here’s how – TechRepublic


↺ How to Install Webmin on Rocky Linux 8


Webmin is a web-based control panel for system administration. It is mainly designed for Linux/Unix-like system administrations. Webmin is written in Perl language.


Webmin web interface is used to set up user and disk management, Apache, DNS, PHP, MySQL, check CPU usage, system info, network config, and more.


↺ OpenSSH Change a Passphrase With ssh-keygen command


↺ How to Import Export Database in MYSQL MariaDB


Import or Export database from MySQL or MariaDB database from MySQL shell or command line. This is the easiest method to export database or particular table from a database.


If you have a huge database which is more than 500Mb, it will be very hard to export which takes more time to import or export the entire database which may result in timeout error.


In this guide you are going to learn how to import or export database using command line from MySQL shell. You will also learn some fixes to the problems where you cannot export your database.


↺ How To Install MongoDB Compass on Ubuntu 20.04 LTS – idroot


In this tutorial, we will show you how to install MongoDB Compass on Ubuntu 20.04 LTS. For those of you who didn’t know, Mongo DB Compass is a GUI for Mongo Database software. It’s helpful software for those that want a better GUI way of managing their Mongo DB setups. MongoDB compass allows you to view the real-time performance for DB server metrics.


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 the step-by-step installation of the MongoDB Compass GUI on Ubuntu 20.04 (Focal Fossa). You can follow the same instructions for Ubuntu 18.04, 16.04, and any other Debian-based distribution like Linux Mint.


↺ How To Set Up SSH Tunneling – TecAdmin


If you are connecting with a different Linux device on a different network then you would have to expose it to the public internet and that may put your system and files at the risk. Therefore, SSH Tunneling is used to transmit data in a fast and secured manner from source to client machine and vice versa.


SSH Tunneling is a practice of creating a secured and encrypted SSH connection between a server machine and a client machine through which data can be transferred and service can be relayed. In our today’s article, we will see how to set up SSH Tunneling and route your traffic securely via SSH tunnels.


↺ Using Checkmk for Monitoring Your Linux Server Infrastructure


There are tons of tools available for monitoring your IT infrastructure. This includes monitoring the Linux servers, containers, databases, applications and more.


Services like BetterUptime are convenient and we use it for downtime monitoring.


However, for more granular control, I prefer deploying tools like Prometheus with the beautiful Grafana dashboard.


Recently, I came across a project that gives a complete view of your IT infrastructure within a very short span of time.


Games


↺ Valve fires back in the lawsuit from Wolfire Games | GamingOnLinux


We’ve been waiting to hear how the lawsuit from Wolfire Games (and others) would progress against Valve, and now we at least have word from Valve on what they think. Naturally, Valve are trying to get the whole thing dismissed. What a shocker, as if we didn’t all expect Valve to fire back and try to shut it all down. What company wouldn’t?


As a quick reminder: the original lawsuit alleges that Valve’s 30% cut is abuse of their market position, and it complains about how Valve handles Steam keys too. David Rosen of Wolfire also tried to clarify some details in a later blog post which claimed that Valve would remove their game Overgrowth if they sold it cheaper elsewhere.


In the new motion filed on July 26, Valve were quite blunt with their reasoning for wanting it all thrown out. The point about Steam keys is an interesting one, as the motion states “Plaintiffs’ allegations that Valve’s Steam Key rules amount to an unlawful PMFN* fail for the straightforward reason that Valve, which created and owns Steam, has no duty under the antitrust laws to create a method (here, Steam Keys) for game developers to sell Steam-enabled games in stores that compete with Steam.”.


↺ Typing adventure RPG ‘Nanotale – Typing Chronicles’ out now for Linux | GamingOnLinux


This was a surprise to see. Nanotale – Typing Chronicles from Fishing Cactus, PID Games, 2PGames recently published an official native Linux build. Coming from the same developer who created Epistory – Typing Chronicles, you don’t need to have played their first game as this is a full standalone experience and it looks absolutely gorgeous.


“Nanotale – Typing Chronicles is an atmospheric typing adventure RPG set in a colorful vibrant world. Follow Rosalind, a novice Archivist, as she journeys out to explore a distant world. On her quest to gather knowledge, she collects samples of mystic natural beauties. Everything is peaceful. War is a thing of the distant past.


In the shadows, a tale of dissonant magic is spreading, instilling corruption into broken hearts.”


↺ AMD + Valve Working On New Linux CPU Performance Scaling Design – Phoronix


Along with other optimizations to benefit the Steam Deck, AMD and Valve have been jointly working on CPU frequency/power scaling improvements to enhance the Steam Play gaming experience on modern AMD platforms running Linux.


It’s no secret that the ACPI CPUFreq driver code has at times been less than ideal on recent AMD processors with delivering less than expected performance/behavior with being slow to ramp up to a higher performance state or otherwise coming up short of disabling the power management functionality outright. AMD hasn’t traditionally worked on the Linux CPU frequency scaling code as much as Intel does to their P-State scaling driver and other areas of power management at large.


↺ AMD and Valve working towards a new CPU performance scaling design for AMD CPUs | GamingOnLinux


With the X.Org Developers Conference 2021 coming up, they’ve now announced that the initial program schedule is up and there’s a fun sounding talk from AMD developer Ray Huang on working with Valve on new performance scaling design for AMD CPUs.


It’s not a big surprise to see work being done in this area, considering that the upcoming Steam Deck will be based on a custom AMD Zen 2 design with 8 RDNA 2 CUs for the graphics. Performance on such a device is going to make or break it and so Valve appearing to be pushing many different areas to get it sorted and this is just one of them.


Desktop Environments/WMs


↺ UnityX 10 Desktop Environment Makes Great Progress, Now Features New Panel and Sidebar Designs


Announced in early May, UnityX is the successor to Unity7, and, the next major release, UnityX 10, is planned for later this year as part of the upcoming Ubuntu Unity Remix 21.10 distribution, which, of course, will be based on the forthcoming Ubuntu 21.10 (Impish Indri) operating system release.


UnityX 10 promises great new features compared to Unity7, including a new sidebar design for the application launcher and the opened apps view, a new panel with system tray icons, including for standalone Wi-Fi, Bluetooth and PulseAudio icons, a Logout shortcut, as well as an pplication launcher and an “opened apps” shortcuts.


Distributions


Debian Family


↺ Debian Improves Docs To Inform Users Their Systems Might Not Work Without Non-Free Firmware


Debian 11 “Bullseye” is set to be released mid-August while out this morning is the third release candidate of the Debian Bullseye installer. With this installer update is more documentation for users letting them know the risks of modern graphics cards and the like that are often inoperable unless loading firmware that isn’t considered free software.


With many modern graphics processors including those from AMD and even the Nouveau driver with recent generations of NVIDIA GPUs, there is often a situation of not only having 3D hardware acceleration not working but even display mode-setting can fail that leads to a blank screen or driving the unaccelerated display at a sub-optimal resolution. Especially for newer GPUs and modern displays, these open-source drivers are useless without the firmware files that are publicly redistributable but binary-only and thus not considered free software. There’s similar situations of network adapters and other components not working without loading the Linux firmware files, but in the case of GPUs it’s rather a blocker if you don’t even have a working display for your desktop.


Devices/Embedded


↺ Teensy SBC runs Linux or NuttX on SAMA5D


Starcat is crowdfunding an open spec, Teensy form-factor “Jupiter Nano” SBC that runs Linux or NuttX on a Cortex-A5 based Microchip SAMA5D. The $65-and-up board offers 128MB RAM, a microSD slot, dual micro-USB ports and 41 I/O pins.


Seattle based Starcat, which has previously launched a HackEEG Arduino shield, has returned to Crowd Supply with an Arduino-like SBC. Although the 63.5 x 28.6mm Jupiter Nano has a quasi Teensy 4.1 form factor, it runs Linux, as well as the open source NuttX RTOS, on Microchip’s SAMA5D27C. The power-sipping SoC has appeared on Microchip’s 40 x 38mm SAMA5D27 SOM and Groboards’ 51 x 23mm, Feather form-factor Giant Board.


Mobile Systems/Mobile Applications


↺ Realme UI 2.0 (Android 11) update tracker: These phones received so far


↺ Jetpack Compose for Android turns general availability – Channel Asia


↺ How To Connect Xbox Controller To Android Phone


↺ ‘Android for Feature Phones’ shows up in details hands-on – 9to5Google


↺ Android STB and TV Market to Register a CAGR of 14.11% by 2025 – Report by Market Research Future (MRFR)


↺ Material You is the one Android 12 feature Apple iOS won’t copy | Android Central


↺ Gboard Material You redesign rolling out on Android 12 – 9to5Google


↺ Galaxy A20 now getting Android 11 in the U.S. – SamMobile – SamMobile


↺ JioPages Brings Study Mode for Android TV and STB Users


↺ How To Block Texts on an Android Device


Free, Libre, and Open Source Software


FSF


GNU Projects


↺ GNU C Library 2.34 Released With More Functionality Squeezed Into libc


Version 2.34 of the GNU C Library (glibc) is now available with a wide variety of changes that accumulated over the past six months.


Glibc 2.34 is now available and ready to begin appearing with forthcoming Linux distribution updates. Among the many changes to find with GNU C Library 2.34 are:


- All functionality formerly implemented in libpthread, libdl, libutil, and libanl has been integrated into the libc library itself. Empty static archives of these former libraries are still provided so as to not be too disruptive of a change with applications moving forward only needing to link against libc.


↺ GNU C Library 2.34 released


Version 2.34 of the GNU C library has been released. Significant changes include the folding of libpthread, libdl, libutil, and libanl into the main library, support for 64-bit (year-2038 safe) times on 32-bit systems, support for the close_range() system call, a handful of security fixes, and many other changes.


Leftovers


Civil Rights/Policing


↺ Will This Court Case End the Mining Industry’s 150-Year Dominance of the West? – Mother Jones


Early one May morning, I escaped Tucson’s unrelenting grid and drove south through Pima County on Arizona’s state Route 83, into the heart of the Madrean Sky Islands, an almost mythical landscape of shadowy, isolated peaks where several biological zones overlap. The blue-gray Whetstone Mountains marked the distant eastern horizon, the Patagonias loomed to the south, and to the immediate west rose the camelback ridgeline of the Santa Ritas. There, oaks and junipers stippled upper elevations, and rolling swells of grass blanketed low slopes. A haven for wildlife and a balm for those seeking respite in nature, this region contains some of the rarest intact ecosystems and the highest-quality streams among the deserts of the Southwest, providing habitat for ocelots, jaguars, and a dozen other endangered species.


Monopolies


↺ Next Generation IP


↺ FOSS Patents: Patent injunction ‘reform’ bill expected to be signed into law next week by Germany’s Federal President


In late June, the Federal Council of Germany decided not to veto a patent “reform” bill that the country’s Federal Parliament had adopted two weeks earlier. I have previously voiced my opinion that the practical impact is going to amount to a cost increase (particularly affecting defendants) without moving the goalposts unless a plaintiff makes an inexcusable mistake. In particular, patentees should give serious consideration to making a formal licensing offer so as to counter any claims of irreparable harm to a defendant and/or any third parties.


The measure is designed to take immediate effect, but in order to do so, it needs to be signed into law by Federal President Frank-Walter Steinmeier and, finally, published in Germany’s Federal Law Gazette. The Federal President’s Office informed me today that the bill is presently undergoing a routine check and slated to be signed into law next week (i.e., the week of August 9).


Patents


↺ 2020 China Top 10 IP Cases: Winners’ Sun is truly a Winner: A Simple Selfie-Stick Utility Model Patent Crushes Infringers in China


Each year The Intellectual Property Tribunal of the Supreme People’s Court releases a list of top 10 technical intellectual property rights court case decisions. The 2020 list came out a few months ago, and we have been highlighting some of these cases.


Today, we will cover a utility model patent infringement case. As one of the three types of patents one can obtain in China (the other two being invention patents and design patents), utility models are popular due to their reduced costs and relative ease of prosecution (no substantive examination). Some might argue that a utility model patent has limited value, having restricted subject matter eligibility, a shorter term, and lower patentability requirements. Because they are not substantively examined, many “garbage patents” are granted, and then often subsequently invalidated once they are challenged.


↺ Innovations in digital healthcare – navigating patent challenges


Technologies such as Artificial Intelligence (AI), Augmented Reality (AR), Robotics and Machine Learning (ML), are increasingly being leveraged across society to enhance the way people live their everyday lives. In recent years, healthcare has become an area of particular focus, with innovative technologies being adopted to monitor health, assist in diagnosis, and manage and treat disease.


From the perspective of European patent law, these new digital health technologies present no new patentability challenges in themselves compared to traditional medical device technology or software in general. However, the coming together of medical device technology and software combines two traditionally separate areas of patent practice which have their own separate issues. On the one hand, under European law, additional hurdles are placed in the way of obtaining patents for software. On the other hand, inventions relating to healthcare technology, pharmaceuticals and medical devices must navigate various medical exclusions. The combination of these two traditionally separate areas of technology means that applicants are often presented with a unique set of challenges. That said, with the right team of experienced patent attorneys working collaboratively, many of these challenges can be overcome at an early stage by the careful drafting of patent applications.


↺ “Shall be the Property” is not an Assignment of Patent Rights


Dr. Islam is a professor at Michigan (UM). Back in 2012 though he took an unpaid leave-of-absence to start a LASER company. During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. However, UM argued that it owned the patents based upon his employment agreement; that it had expended some ongoing funds; and that Islam had bounced ideas off of some of the faculty members. This argument between Islam and UM was internal. UM did not file any paperwork with the PTO attempting to claim ownership and UM is not a party to the present litigation.


Omni later sued Apple for infringement, but the iPhone giant argued that Omni lacked standing since UM was the real patent owner. The district court sided with Omni — finding that Omni had received rights from the inventor, and that Islam had not assigned his rights to UM. On appeal, the Federal Circuit has affirmed.


[...]


Judge Newman wrote in dissent and argued that “these patents are the property of the University.”


Although both the majority and dissent conclude that the issue is a matter of contract law, neither cite to the governing law of contracts for this case–the law of Michigan.


↺ Patent case: Oticon A/S and GN Resound A/S vs. Sivantos GmbH, EPO


Although the grounds of the decision under R. 111(2) EPC do not have to deal in detail with all the arguments of the parties, at least the key points of discussion must be addressed. The grounds must respond to the relevant facts, evidence and arguments and contain the logical chain that led to the formation of the final judgment.


Proceedings before the EPO are governed by the principle of uniformity of the language of the proceedings. For the written copy of the decision, only the language of the proceedings shall be used. Only the decision in a single language of the proceedings meets the requirements of R. 111(2) EPC on the grounds of the decision.


↺ CommWorks Solutions patent challenged


On July 30, 2021, Unified filed a petition for inter partes review (IPR) against U.S. Patent 8,923,846, owned by CommWorks Solutions, LLC, an NPE and subsidiary of IP Investments Group LLC. The ‘846 patent relates to the recovery of information in a mobile communications network. It has been asserted against Comcast Cable Communications.


↺ Beware misleading mails from scammers


↺ Total scammers run the EPO


The EPO has become aware that malicious emails have been sent to European patent attorneys purporting to be from the EPO, containing unsolicited attachments or including links to third party domains. The EPO does not send out such emails. The latest known phishing attempt alleges that the recipient’s Smart Card to access EPO services has expired, but future phishing attempts could be made in relation to other EPO services or e.g. fees.


↺ Another Transfer from TX to CA: Looking at the Particulars of the Case (But not Too Closely)


Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. U.S. Patent Nos. 8,825,887; 9,026,673; 9,135,635; 9,135,636; 9,591,360; 10,009,637; and 10,171,846. Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy).


Although venue was “proper,” Hulu argued that the case should be transferred to the Central District of California for convenience. 28 U.S.C. § 1404(a). Judge Albright refused, but the Federal Circuit has now granted Hulu’s petition for mandamus and ordered the case transferred.


Software Patents


↺ AI Can Invent – Australia Is First to Recognise Non-Human Inventorship


The Australian Federal Court recently handed down its first-instance judgement in Thaler v Commissioner of Patents [2021] FCA 879 where the central issue considered was whether an artificial intelligence (AI) system could be an ‘inventor’ for the purposes of the Australian Patents Act 1990 (Act) and its corresponding regulations. The Court found that an AI system can be an inventor – where ‘inventor’ may be construed broadly to include a ‘person or thing that invents’1. This decision puts Australia in the spotlight as a favourable country to patent AI-created inventions – for now. Given the subject-matter and controversy generated by this decision, an appeal to the Full Federal Court is almost certain.


This Federal Court decision is an appeal from a Patent Office hearing where the Office rejected Australian patent application no. 2019363177 in the name of Stephen L. Thaler (the creator of the AI system) on the ground that the AI system (Device for the Autonomous Bootstrapping of Unified Sentience (DABUS)) could not be considered as an inventor in the context of the Patent Regulations 1991.


↺ Australian court decision to recognise non-humans as inventors is brave, verging on foolhardy


The decision taken by an Australian court to recognise that non-humans can be inventors is a courageous one, writes Mark Summerfield. Whether it is the right one, though, is a completely different issue


Copyrights


↺ AG Øe advises that partial designs may be protected as unregistered designs


Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.


The request for preliminary ruling by the Court of Justice of the European Union (CJEU) originates from the German Federal Court of Justice (Bundesgerichtshof). The German court is currently hearing a dispute between the Italian racing car manufacturer Ferrari and Mansory Design, a car modification company located in Germany [the summary below is based is on the submission by the Bundesgerichtshof to the CJEU, available in German here and in English here].


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