Cyrus Farivar writes via Ars Technica: In a unanimous decision, an appellate court has resoundingly rejected the legal claim that sovereign immunity, as argued by a Native American tribe, can act as a shield for a patent review process. On July 20, the United States Court of Appeals for the Federal Circuit found in a 3-0 decision that the inter partes review (IPR) process (a process that allows anyone to challenge a patent's validity at the United States Patent and Trademark Office) is closer to an "agency enforcement action" -- like a complaint brought by the FTC or the FCC -- than a regular lawsuit.

This case really began in September 2015. That was when Allergan, a pharma company, sued rival Mylan, claiming that Mylan's generics infringed on Allergan's dry eye treatment known as Restasis. Saint Regis Mohawk Tribe was initially filed in the Eastern District of Texas, known as a judicial region that is particularly friendly to entities that are often dubbed patent trolls. By 2016, Mylan initiated the IPR. But Allergan, in an attempt to stave it off, struck a strange deal, transferring ownership of the six Restasis-related patents to the Saint Regis Mohawk Tribe, based in Upstate New York, near the Canadian border. As part of that deal, Allergan paid $13.75 million to the tribe, with a promise of $15 million in annual payments -- if the patents were upheld, that is. The Mohawk Tribe attempted to end the IPR, citing sovereign immunity, which was denied. The tribe struck at least one other similar deal with a firm known as SRC Labs, which sued Amazon and Microsoft.

On July 27, the moon is set to glide through Earth's shadow to create a red total lunar eclipse for one hour and 43 minutes -- the longest such eclipse of the young century. Viewers in the United States will have to watch the eclipse online as they're on the wrong side of the world. "Folks in western Africa, part of Europe, the Middle East and India will only have to look up to the sky to catch the deep-copper-toned totality in person," reports The Washington Post. From the report: "What makes the upcoming one special is that it occurs at nearly the same time as the year's second-most-distant lunar apogee (the monthly moment when the moon is most distant from Earth) and the moon passes almost smack through the center of Earth's shadow," astronomer Geoff Chester of the Naval Observatory said. He continued: "This will make it the longest-duration total lunar eclipse of the century. It's also cool that [the eclipse] occurs on the night that Mars reaches opposition, so (for people on the other side of the world) you'll have a red moon six degrees north of the Red Planet." All eclipses belong to eclipse families called saros. In this case, this eclipse is part of Saros 139, and it is No. 38 in a family of 71 that started June 10, 1351. This saros will last until July 24, 2613, per NASA. While technically this will be the longest eclipse of the century, the two previous lunar eclipses in this series -- July 16, 2000 (No. 37, Saros 139) and July 6, 1982 (No. 36, Saros 139) -- lasted longer than this one. In fact, the July 16, 2000, lunar eclipse lasted about three minutes longer. But remember, astronomers count the year 2000 as part of the last century.

Throughout the Eastern time zone, according to NASA and the U.S. Naval Observatory, the lunar eclipse (penumbral phase) starts at 1:14 p.m. and partiality occurs at 2:24 p.m. Totality starts at 3:30 p.m., with the maximum totality at 4:21 p.m. Totality will end at 5:13 p.m., and the partial eclipse ends at 6:19 p.m. Everything is over by 7:28 p.m. Unfortunately, the moon will not have risen anywhere in the United States for viewing during this window. If you're not able to watch it locally, you can tune to the Weather Channel app, the website Slooh, or TimeandDate.com. The NBC News streaming network is also showing the eclipse at 4 p.m. on July 27.

An anonymous reader quotes a report from VICE News: Twitter is limiting the visibility of prominent Republicans in search results -- a technique known as "shadow banning" -- in what it says is a side effect of its attempts to improve the quality of discourse on the platform. The Republican Party chair Ronna McDaniel, several conservative Republican congressmen, and Donald Trump Jr.'s spokesman no longer appear in the auto-populated drop-down search box on Twitter, VICE News has learned. It's a shift that diminishes their reach on the platform -- and it's the same one being deployed against prominent racists to limit their visibility. The profiles continue to appear when conducting a full search, but not in the more convenient and visible drop-down bar. (The accounts appear to also populate if you already follow the person.)

Democrats are not being "shadow banned" in the same way, according to a VICE News review. McDaniel's counterpart, Democratic Party chair Tom Perez, and liberal members of Congress -- including Reps. Maxine Waters, Joe Kennedy III, Keith Ellison, and Mark Pocan -- all continue to appear in drop-down search results. Not a single member of the 78-person Progressive Caucus faces the same situation in Twitter's search. Presented with screenshots of the searches, a Twitter spokesperson told VICE News: "We are aware that some accounts are not automatically populating in our search box and shipping a change to address this." Asked why only conservative Republicans appear to be affected and not liberal Democrats, the spokesperson wrote: "I'd emphasize that our technology is based on account *behavior* not the content of Tweets."

The New Zealand government spent at least $150,000 to create a video game that shows people how to run their own business. It reportedly took 14 months and eight designers to create. NZ Herald reports: The Tycoon Game series, which consists of Restaurant Tycoon and Tech Tycoon, challenges players to use what the World Economic Forum has deemed as 10 essential skills vital for the future of employment. The educational game will teach players business skills including emotional intelligence and cognitive flexibility, as well as critical thinking and creativity -- skills the Forum has this year bumped up the prescribed list. Players can level-up and earn badges for certain achievements, determined by how they manage scenarios in the game, including paying supplier invoices and wages. Do you think a video game is an effective way to teach business? If so, do you have any other games you'd recommend? A couple that come to mind include Capitalism Plus and Hot Dog Stand: Top Dog.

hackingbear writes from a report via CNBC: After dragging their feet for months and requesting help from the Trump administration, all three major U.S. airlines -- American, Delta and United -- decided to change how they refer to Taiwan airports on their websites to avoid Chinese penalties right before the Wednesday deadline. Earlier this year, China demanded that foreign firms, and airlines in particular, not refer to Taiwan as a non-Chinese territory on their websites, as such practice violates Chinese laws. The White House in May slammed the demand as "Orwellian nonsense." Numerous non-U.S. airlines including Air Canada, Lufthansa, and British Airways had already made changes to their websites. The airlines "now only list Taipei's airport code and city, but not the name Taiwan," reports CNBC. It was unclear how China might punish airlines that don't comply, but it did add a clause saying regulators could change a company's permit if it did not meet "the demand of public interest." An American Airlines spokeswoman said in a statement: "Air travel is global business, and we abide by the rules in countries where we operate."

Catalin Cimpanu, writing for Bleeping Computer: An investigation by AdGuard has revealed a common link between several Chrome and Firefox extensions and Android and iOS apps that were caught collecting highly personal user data through various shady tactics. The common link between all extensions and mobile apps is a company named Big Star Labs. AdGuard estimates these apps had been installed on around 11 million devices.

An anonymous reader quotes a report from The Verge: Some newer Huawei phones are actively being blocked from installing the open-source VLC media player app from Google Play. VLC's developers announced today that they're blacklisting some of Huawei's devices after unhappy users left too many one-star reviews for the app. But the negative reviews stem from a decision on Huawei's part and has nothing to do with VLC. The negative reviews are a result of Huawei's aggressive battery management and tendency to kill background apps, which directly affects VLC's background audio playback feature. Huawei users on VLC's forums are well aware of the issue. It's possible to manually disable these battery optimizations and have the app function properly in the background, but VLC claims that people often don't know how to do that, so they blame the app instead. The devices being blacklisted are the Huawei P8, P10, and P20. Users can still manually download the APK from VLC's website if they're interested in using the player.

According to Digital Trends, the T2 chip that enables things like secure boot, better encrypted storage, and "Hey Siri" support may be causing problems in MacBook Pro and iMac Pro computers. From the report: Many iMac Pro owners have reportedly suffered numerous kernel panics -- the MacOS version of the dreaded Blue Screen of Death in Windows -- since they hit the market at the end of 2017. You can find a handful of threads on Apple's community forums, including this one, detailing the trials and tribulations customers are experiencing with their expensive iMac Pros and Apple support. The problems apparently reside in the new MacBook Pro laptops, too. Of all the error messages uploaded to these threads, there is one detail they seem to share: Bridge OS. This is an embedded operating system used by Apple's stand-alone T2 security chip, which provides the iMac Pro with a secure boot, encrypted storage, live "Hey Siri" commands, and so on. It's now included in the new 2018 models of the 13- and 15-inch MacBook Pro with Touch Bar. But whether the T2 chip is behind all the kernel panics is up in the air. The symptoms and solutions are varied across complaints, such as iMac Pro owners daisy-chaining storage devices seeing crashes along with those with nothing connected at all. But Apple is aware of the problems and is apparently working on the issue behind the scenes. While Apple is replacing these machines, the problems still seem to occur on the new hardware. This latest controversy comes hot on the heels of the last MacBook Pro controversy about overheating concerns.

An anonymous reader quotes a report from Gizmodo: Internal company documents from IBM show that medical experts working with the company's Watson supercomputer found "multiple examples of unsafe and incorrect treatment recommendations" when using the software, according to a report from Stat News. According to Stat, those documents provided strong criticism of the Watson for Oncology system, and stated that the "often inaccurate" suggestions made by the product bring up "serious questions about the process for building content and the underlying technology." One example in the documents is the case of a 65-year-old man diagnosed with lung cancer, who also seemed to have severe bleeding. Watson reportedly suggested the man be administered both chemotherapy and the drug "Bevacizumab." But the drug can lead to "severe or fatal hemorrhage," according to a warning on the medication, and therefore shouldn't be given to people with severe bleeding, as Stat points out. A Memorial Sloan Kettering (MSK) Cancer Center spokesperson told Stat that they believed this recommendation was not given to a real patient, and was just a part of system testing.

According to the report, the documents blame the training provided by IBM engineers and on doctors at MSK, which partnered with IBM in 2012 to train Watson to "think" more like a doctor. The documents state that -- instead of feeding real patient data into the software -- the doctors were reportedly feeding Watson hypothetical patients data, or "synthetic" case data. This would mean it's possible that when other hospitals used the MSK-trained Watson for Oncology, doctors were receiving treatment recommendations guided by MSK doctors' treatment preferences, instead of an AI interpretation of actual patient data. And the results seem to be less than desirable for some doctors.

Arianespace and SpaceX both launched rockets this morning between 7:25am ET (11:25 UTC) and 7:39am ET (11:39 UTC). The Ariane 5 ES rocket sent four Galileo satellites into medium Earth orbit (at an altitude of 22,922km) for the European Commission. "These satellites will form part of Europe's own global navigation system constellation," reports Ars Technica. As for SpaceX's Falcon 9 rocket, it launched from the West Cost to deliver 10 Iridium NEXT satellites into a polar orbit 625km above the Earth. Ars reports on how the launches went: Both rockets hit their instantaneous launch windows on Wednesday morning, with the Ariane 5 booster lifting off from Kourou, French Guiana under mostly sunny skies and the Falcon 9 rocket ascending from California through a thick fog layer. The upper stages of both rockets are now in their coast phases before deployment of their satellite payloads.

After the launches, attention turned toward SpaceX's attempt to recover its first stage and payload fairing. The atmosphere offshore, where the Just Read the Instructions droneship was stationed 235km away from the launch pad, had high wind shear. This means wind speeds and directions varied at different altitudes, making it a challenge to come back to the ground in a more or less straight path. This, combined with high seas, made for the "worst" conditions SpaceX has ever tried to land a rocket in, said launch commentator John Insprucker. The cameras on board didn't capture the landing clearly, but afterward SpaceX said the rocket did, in fact, make a safe landing on the droneship. Less certain was the fate of the payload fairing amid the poor weather conditions. "This is an experimental attempt; we're still learning how to catch a fairing out of the air," Insprucker said.

Zorro shares a report from CNBC: Facebook missed projections on revenue and global daily active users this quarter after struggling with data leaks and fake news scandals. The company reported its second-quarter earnings after the bell on Wednesday. Shares were down as much as 10 percent. CNBC summarizes the results:

Earnings per share: $1.74 vs. $1.72 per a Thomson Reuters consensus estimate
Revenue: $13.23 billion vs. $13.36 billion per a Thomson Reuters consensus estimate
Global daily active users (DAUs): 1.47 billion vs. 1.49 billion, according to a StreetAccount and FactSet estimate
North American DAUs: 185 million vs. 185.4 million, according to a FactSet estimate
European DAUs: 279 million vs. 279.4 million, according to a FactSet estimate
Average revenue per user (ARPU): $5.97 vs. $5.95, according to a StreetAccount and FactSet estimate

An anonymous reader writes: In a letter sent today, Oregon Senator Ron Wyden asked officials from three government agencies (NIST, NSA, DHS) to come up with solutions and procedures that mandate the removal of Adobe Flash content from all US government websites by August 1, 2019. The Senator is urging US government officials to act in light of Adobe's Flash end-of-life date scheduled for the end of 2020, after which Adobe announced it would cease to provide any technical support for the software.

Senator Wyden is hoping to avoid a situation like the one of Windows XP, which US government agencies still use, despite Microsoft retiring the operating system back in 2014. Besides removing Flash from its websites, the Senator would also want Flash removed from computer of employees by the same August 1, 2019 deadline.

Russian President Vladimir Putin's gift of a soccer ball to U.S. President Donald Trump last week set off a chorus of warnings -- some of them only half in jest -- that the World Cup souvenir could be bugged. Republican Senator Lindsey Graham even tweeted, "I'd check the soccer ball for listening devices and never allow it in the White House." It turns out they weren't entirely wrong. From a report: Markings on the ball indicate that it contained a chip with a tiny antenna that transmits to nearby phones. But rather than a spy device, the chip is an advertised feature of the Adidas AG ball. Photographs from the news conference in Helsinki, where Putin handed the ball to Trump, show it bore a logo for a near-field communication tag. During manufacturing, the NFC chip is placed inside the ball under that logo, which resembles the icon for a WiFi signal, according to the Adidas website. The chip allows fans to access player videos, competitions and other content by bringing their mobile devices close to the ball. The feature is included in the 2018 FIFA World Cup match ball that's sold on the Adidas website for $165 (reduced to $83 in the past week).

Every day, tens of thousands of people stream into Google offices wearing red name badges. They eat in Google's cafeterias, ride its commuter shuttles and work alongside its celebrated geeks. But they can't access all of the company's celebrated perks. They aren't entitled to stock and can't enter certain offices. Many don't have health insurance. Bloomberg: Before each weekly Google all-hands meeting, trays of hors d'oeuvres and, sometimes, kegs of beer are carted into an auditorium and satellite offices around the globe for employees, who wear white badges. Those without white badges are asked to return to their desks. Google's Alphabet employs hordes of these red-badged contract workers in addition to its full-fledged staff. They serve meals and clean offices. They write code, handle sales calls, recruit staff, screen YouTube videos, test self-driving cars and even manage entire teams -- a sea of skilled laborers that fuel the $795 billion company but reap few of the benefits and opportunities available to direct employees.

Earlier this year, those contractors outnumbered direct employees for the first time in the company's twenty-year history, according to a person who viewed the numbers on an internal company database. It's unclear if that is still the case. Alphabet reported 89,058 direct employees at the end of the second quarter. The company declined to comment on the number of contract workers.

The Motion Picture Association of America (MPAA) is stepping into the online video piracy debate and calling for criminal charges against violators, as well as strong coordination between a broad range of online service providers. From a report: The association's recommendations came in response to a call from the National Telecommunications and Information Administration's (NTIA) call for comments regarding internet policy concerns. On July 17, the MPAA issued a 40-page document advocating a modernization of online policies in response to rampant illicit activity. While a range of commercial offerings help studios and sports leagues battle online piracy, anyone who has a friend with a Kodi box knows that unrestricted access to popular shows and movies is only a few taps away. The MPAA notes that 6.5 million homes in North America are equipped with a Kodi box, and the North American piracy ecosystem generates $840 million per year.