• ~されつつ / ~されながら
    in:  | 

    ~されつつ / ~されながら

    ~されつつ / ~されながら

    (BEING+PP)
    $$ It is important that the "break" command should reach the remote DTE as soon as possible, since it usually indicates that unwanted data is being received or the user wishes to terminate the call abruptly. / この「ブレーク」コマンドはできるだけ迅速に遠隔のDTEに到達することが重要である。というのも、それは通常、望まないデータが受信されつつあるときや、ユーザが急に呼を終了させたいことを示すからである。(USP6278696)

    $$ Optionally, the second base unit indicator light 68 can used to indicate that rechargeable battery (70, FIG. 3) in the pen is being charged. / オプションとして、ペン内の再充電可能電池(第3図の70)が充電されつつあることを表示するために、第2基地装置表示灯68が用いられうる。(USP6058304)

    $$ The optional indicator light 68 (e.g., an LED or NEON) is connected to the power control module 72 to indicate when the battery 70 is being charged. / オプションの表示灯68(例えば、LEDまたはネオンランプ)は、電力制御モジュール72に接続され、電池70が充電されつつある時、それを表示する。(USP6058304)

    (OTHERS)
    $$ Alternatively the rivets 50 may be pressed out of the channel 91 and captively held in the release member 112 for transfer to a delivery tube 6. / 代わりに、リベット50は、チャンネル91から押し出されて、解放部材112に保持されつつ分配チューブ6まで運ばれてもよい。(USP6692213): and

    $$ A third time-domain image 34 is provided within the composite image 30 aligned to the horizontal axis of the third spatial-domain image 36. / 第3時間ドメイン画像34は、第3空間ドメイン画像36の水平方向軸に位置合わせされつつ、複合画像30内に提供される。(USP7643670): PP

    $$ This provides and maintains sufficient entangling energy to reach through the web, so that fibres at the grain face entangle with each other while they are effectively moulded against the carrier. / これにより、ウエブを通して到達する十分な絡み込みエネルギーが生成及び維持され、そのため、肌目面の繊維は、キャリア上に効果的に形成されながら、互いに絡み込む。(USP8225469): while

    $$ Each section is electrically insulated from other sections and is connected to a control system to enable the illumination of the whole lamp (all the individual sections of the lamp simultaneously), each section separately or in any combination of sections. / 各セクションはそれぞれ、他のセクションから電気的に絶縁されながら、制御系に接続されて、各セクションが別々に、あるいはセクションの任意の組み合せでランプ全体の照明を可能にする(ランプの個々のセクションをすべて同時に照明する)。(USP8136278): and

    $$ The timing diagram shown in FIGS. 7(a) to (d) illustrate a typical sequence of memory accesses by the ACRTC 24 and the computer 10 as controlled by memory access arbitration unit 23. / 図7(a)から(d)のタイミングの線図は、メモリアクセスアービトレーション23によって制御されながら、ACRTC24とコンピュータ10によってメモリアクセスの典型的なつながりを説明したものである。(USP5559936): as+PP

  • Curious collection of stories on "CBS Sunday Morning" on 23 September 2018
    in: 未分類  | 

    Curious collection of stories on "CBS Sunday Morning" on 23 September 2018

    The cover story on Sandy Hook was sad: A battle currently pits parents still mourning the loss of their children in the Sandy Hook school shooting against purveyors of the most mean-spirited and outlandish of myths. Our Cover Story is reported by Tony Dokoupil

    Kurt Andersen was quoted in the piece, in turn quoting Patrick Moynihan:


    “As Daniel Patrick Moynihan famously said 30 years ago, many times, repeatedly, ‘You’re entitled to your own opinions but not to your own facts,'” said Kurt Andersen. “He was kind of joking back then. And we’ve come to this place where many, many, many millions of people feel absolutely entitled to their own facts.”

    Although the details of the case against Alex Jones were not enumerated, Floyd Abrams was quoted:


    Floyd Abrams is a respected First Amendment lawyer, famed for defending The New York Times’ publication of the Pentagon Papers. “This is a very tough case for Alex Jones to win,” he said, “because what he has said is so appalling.”

    He says Jones may have gone beyond the protections of free speech, and the consequences may be severe.

    The Almanac feature touching on “Typhoid Mary” was a bit grim: And now a page from our “Sunday Morning” Almanac: September 23, 1869, 149 years ago today … the day that saw the birth, in rural Ireland, of Mary Mallon – remembered today as “Typhoid Mary.”

    The piece by Dr. Sanjay Gupta somewhat indirectly addressed the Kavanaugh / Ford issue. Although the connection was made clear in the prefatory text –The question of whether alcohol affects memory hangs over the current Supreme Court confirmation battle. Here with some answers is Dr. Sanjay Gupta: –, the indicated conclusion was a bit oblique, with the story ending on a suggestion “to improve your memory”:


    Truth is: When it comes to alcohol and memory, people assume a lot of things – and a lot of those assumptions are wrong.

    (…)

    One study last year showed that in this situation mild- to moderately-intoxicated people had very similar recall as sober people.

    Now, there is a thing known as “blackout drunk.” That is not the same as “passed out drunk.” Someone who is blacked-out drunk may still be talking and walking. But they might be totally amnestic to the event, meaning they have no memory of it.

    The biggest culprit is not necessarily how much you drank, but how quickly they drank it – the binge drinker.

    With memory and alcohol you also have to consider how much time has passed. While a mild- to moderately-intoxicated person can remember things pretty well in the short term, their long term memories are much more difficult to retrieve.

    And to understand why, it helps to understand how memory works. You take in sensory information – see, hear, feel – and that almost immediately gets transferred to short-term memory. From there, short-term memories get encoded into long-term memory.

    It’s this last phase where alcohol seems to have the most impact. For someone who’s intoxicated, that encoding into long-term memory often doesn’t occur very well, or at all. And that is why days later someone may have a hard time remembering something that was so vivid earlier, but can’t retrieve the memory from the long-term stores, because the memories were never there in the first place.

    [Then, the narrative abruptly and oddly switches from absence of long term memory through binge intoxication (related to the viewpoint of the Ford scenario AND why Kavanaugh might not remember) to a recommendation to the general public]

    If you want to improve your memory, the best things you can really do: pay attention when something is happening; that helps a lot. And don’t forget sleep, because it’s when you sleep that your body consolidates and transfers your short-term memories to long-term memoriesm the kind you’ll have for the rest of your life.

    link: https://www.cbsnews.com/news/dr-sanjay-gupta-on-how-alcohol-affects-memory/

    The viewer was told there was no space for the news events of the coming week. CBS sunday morning calendar | We have it on Downloadsearch‎

    The moment of nature involved dolphins in the Red Sea. Previously, on Jan 21, 2018 , Sunday Morning did sea slugs in the Red Sea.

    ***Merely as background

    Christine Blasey Ford, Kavanaugh accuser, commits to public hearing this Thursday , including


    In a statement on Sunday [23 Sept. 2018], Ford’s lawyers Debra Katz, Lisa Banks and Michael Bromwich said their client “has agreed to move forward” with a public hearing before the Senate Judiciary Committee on Thursday, Sept. 27, at 10 a.m. on Capitol Hill. The legal team said that “important progress” had been made with committee staffers after a week of negotiations over the format and conditions of her testimony.

    “Despite actual threats to her safety and her life, Dr. Ford believes it is important for Senators to hear directly from her about the sexual assault committed against her,” the attorneys wrote. Committee Chairman Chuck Grassley confirmed the hearing would be taking place on Thursday in a statement late Sunday, calling it a “continuation of the hearing to consider” Kavanaugh’s nomination. Following Ford’s testimony, the statement said, Kavanaugh will then “appear before the committee.”

  • MBHB & Patent Docs Program on Biopharma Patent Law
    in: Conferences & CLE's  | 

    MBHB & Patent Docs Program on Biopharma Patent Law

    McDonnell Boehnen Hulbert & Berghoff LLP and Patent Docs will be hosting a CLE program on Biopharma Patent Law from 10:00 am to 1:00 pm on October 24, 2018 at the Boston Marriott Cambridge in Cambridge, MA. MBHB attorneys and Patent Docs authors Kevin Noonan and Donald Zuhn, and MBHB attorneys Josh Rich, Lisa Hillman, Sarah Fendrick, John Conour, and Nate Chongsiriwatana will provide presentations on the following topics: • Updates on Subject Matter Eligibility Analysis • Patenting Repurposed Drugs • Antibody Patenting after Amgen v. Sanofi • The State of Biotech Patenting: Challenges • Maximizing Patent Term for Products…

  • BlackBerry Settles Patent Dispute With Makes Of Slip-On Keyboard – The Consumerist


    The Consumerist
    BlackBerry Settles Patent Dispute With Makes Of Slip-On Keyboard
    The Consumerist
    nomore After another round of fighting over whether keyboard company Typo Products’ was infringing on BlackBerry’s patents, the two sides have decided to settle their dispute. Typo will still get to sell slip-on keyboards — as long as they’re of a
    BlackBerry Ltd, Typo Settle Keyboard Patent LawsuitBidness ETC
    BlackBerry settle patent infringement suit with TypoCTV News
    BlackBerry settles patent suit with Typo device for iPhonesCBC.ca
    Toronto Sun -Reuters
    all 193 news articles »
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  • Edging towards the new regime for Europe: a report on the EPLIT Meeting

    PatLit is indebted to patent litigator Chris Ryan for his account of last week’s meeting of the European Patent Litigators Association (EPLIT) — this being its second annual meeting, which took place in the quietly efficient conference centre of the Hotel Jardins du Marais, Paris. Writes Chris:

    The Association has, on the latest review of an upward curve of interest, 168 members from 17 countries.   I didn’t count the delegates or conduct a statistical survey of the geographic mix but I estimate that there were 60-plus people there and I identified individuals from at least 9 different countries. 

    More effective reporters than this one would no doubt provide readers with a full summary of each presentation, including the progress reported by each of the Association’s Working Groups (Substantive Law, Qualifications, Costs, Privilege, Code of Conduct and Education/Training).  I will do no more than record, with source accreditation, the various “take home” points I picked up. 

    News 

    A positive tone to the meeting was encouraged by:

    • The recent dismissal by the CJEU of Spain’s challenge to the legality of the Unitary Patent Regulation;
    •  The failure of a similar challenge in the Belgian constitutional court;
    •  A statement by Margot Fröhlinger (Principal Director at the EPO) that the Italian government had decided that, subject to the approval of its parliament, it would now ratify the UPC Agreement; and
    •  The apparent intention of the EPO (again according to Margot Fröhlinger) to press ahead with a planned commencement date in 2016, without regard to the UK’s planned referendum on continued EU membership. 

    Patent Litigators Certificate 

    The next iteration of the Rules on the European Patent Litigation Certificate will provide that non-profit organisations (i.e. not only universities) will be entitled to seek course accreditation.  This was a point of criticism of the last draft which was raised by CIPA’s Chris Mercer, in his capacity as Chair of the Working Group on Qualification, and subsequently clarified by Bernadette Makoski  from the German Ministry of Justice during her review of “Development towards a litigators certificate for European Patent Attorneys. 

    It is not just senior members of the UK Patent Attorney profession who worry that the “grandfathering” route to qualify to represent clients before the Unified Patent Court is currently unclear and potentially unfair – delegates from other countries (including Germany) are also concerned.  They received a sympathetic acknowledgement from Bernadette Makoski but, so far as I could detect, no unequivocal assurance that the final version of the rules will include them among those qualified to represent clients. 

    Bernadette did indicate that the approach likely to be adopted towards grandfathered qualification through previous course attendance is to be inclusive, in respect of qualifying courses (I think that means the list in the last draft will increase), but to give those wanting to make use of the provision a strictly enforced 12 months, and no more, to submit an application.  The right to represent clients enjoyed by those qualifying by this route will be permanent – the provision is not transitional in that sense. 

    The rules are expected to be finalised in the course of this summer (Bernadette again). 

    Renewal Fees 

    There was an awful lot of detail (from both Eugen Popp of Meissner Bolte and Margot Fröhlinger ) on the recently proposed level of Unitary Patent renewal fees and the complex financial modelling that lies behind the current proposal to align them with the renewal cost of a European Patent designating the four or five most popular national jurisdictions.  My strongest  recollection of the day was the weariness in the voice of Margot Fröhlinger when faced with the prospect of re-calibrated  financial modelling to reflect Italy’s  change of heart and consequent replacement of the Netherlands as the fourth most popular country for European Patent designation.  A final decision on this is expected within the (relatively wide) window of “end of June or in the fall”. 

    Value-based Court Fees 

    New to me (but maybe not others) was the explanation by Eugen Popp that if the UPC approach to valuing claims were to follow the approach that is well established in the German Courts, the pattern would be something like 

         * 80% based on an evaluation of the “cease and desist” element, taking account of:
    §  Remaining life of the patent in suit;
    §  Patent proprietor’s turnover, size and position in the market;
    §  Magnitude of harmfulness of the infringing activity;
    §  Potential loss resulting from the claim;
         * 20% based on the available financial remedies. 

    More understandable was the importance of Rules of Procedure requiring the exercise to be carried out by the court early in the process and well before either side could seek to influence the conduct of the valuation exercise on the basis of the way the court seemed to be going. 

    Recoverable Costs 

    While those used to high costs recovery (UK and Germany) were fairly relaxed about the recent proposals, others found the upper range alarming both in terms of the level and the adviser’s difficulty in evaluating a client’s cost risk within the €3M top-level cap.
    Two minutes from me on the true horror of the detailed cost assessment procedures for courts in England and Wales did nothing to allay anyone’s fears about the court’s ability to come to the assistance of a client who has lost a high value claim. 

    Is it ironic that, as English procedures move to address the concerns of clients about costs risk that are both large and difficult to assess in advance (at least in the IPEC regime), the UPC recoverable cost proposals seem to be edging in the opposite direction. 

     Training for Technically Qualified Judges 

    Xavier Seuba from CEIPI at the Université de Strasbourg demonstrated that, in developing the soon-to-be-launched course for technical judges, a very careful analysis had been undertaken of the challenge of testing technical/scientific data in litigation and the precise nature of the role of a technical judge, as distinct from that of a court appointed expert (or others likely to have an impact on this aspect of patent trials).  Not surprisingly, against that background, the course outline Xavier disclosed was impressive and the support for the course by both judges (as tutors) and potential trainees reportedly at a high level. 

    Rules of Procedure 

    18th draft expected during or after the summer (another fairly wide window) – this again from Margot Fröhlinger. 

     And finally… 

    … after all the legal, procedural and political debate came a breath of fresh air when Max Brunner, from the French Ministry of Justice, gave a fascinating presentation on the project planning for the establishment of the Central Division in France.   He included the chilling opinion that, based on long experience of managing projects, this was the most difficult one he had faced.  The difficulties were in part due to the disbursed nature of the decision-making and, more particularly, the uncertainties – “project management without any reliable kick off date” he called it.  And without any idea of how many cases would arise – how many filings and how many opt outs: what would the “litigation rate” be:  and how many cases would end up in the local court or the central division in Paris. 

    Against the background of those difficulties M Brunner presented a hugely impressive (to this project non-manager) of the steps being taken in respect of premises, facilities, support staff planning and IT development.  There was a passing suggestion on this last topic that the Paris team may not have been totally convinced by some of the security and user authentication features of the system presented by the UK IPO team during a recent workshop exercise. 

    The conference ended with a discussion by a panel of industry representatives.  But, bearing in mind the circumstances in which the late Ruth Rendell lost her first job as a reporter on a local paper, I won’t include anything arising out of it in this report.

    Thanks so much, Chris, for this detailed and helpful report!

    Continue Reading ...
  • BlackBerry settles patent dispute with Seacrest’s company Typo – Reuters


    Reuters
    BlackBerry settles patent dispute with Seacrest’s company Typo
    Reuters
    In February, a U.S. district court sanctioned Typo, co-founded by “American Idol” host Seacrest, for violating an injunction that barred it from selling a $99 iPhone keyboard case that BlackBerry said infringed its patents. Physical keyboards have
    BlackBerry Ltd, Typo Settle Keyboard Patent LawsuitBidness ETC
    BlackBerry Settles Patent Dispute With Makes Of Slip-On KeyboardThe Consumerist
    BlackBerry settles patent dispute with Ryan Seacrest’s TypoToronto Sun
    CBC.ca -Financial Post
    all 77 news articles »
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  • Biocept Granted US Patent for Blood Collection and Transport Tube – MarketWatch

    Biocept Granted US Patent for Blood Collection and Transport Tube
    MarketWatch
    The granted patent covers Biocept’s blood collection preservative contained in the tube for collecting patient blood used for circulating tumor cell (CTC) and circulating tumor DNA (ctDNA) genomic analysis at Biocept. The patented collection
    Biocept (BIOC) Announces Patent for Blood Collection and Transport TubeStreetInsider.com
    Biocept Inc.: Biocept Granted U.S. Patent for Blood Collection and Transport TubeThe Wall Street Transcript

    all 5 news articles »

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