Headlines:
| Oracle v. Google - Oracle Engineer: Android Is Not Java ME! |
 |
|
Friday, February 10 2012 @ 08:30 AM EST
|
As a lawyer you do the best you can to represent your client. You advise them what to say, what not to say, and basically, to say nothing unless they are asked a direct question. But sometimes the truth just comes out anyway. Thanks to Oracle engineer Hinkmond Wong, we now learn what the Oracle (Sun) Java engineers actually believe about Android: IT'S NOT JAVA!
This all came out in Wong's blog . Wong is one of the Oracle Java engineers identified as contributing to Dr. Cockburn's third attempt at a damages report. In the next few days Wong is going to be deposed by Google. And guess what they are going to ask him about. Probably this:
|
|
|
| Barnes & Noble Files Petition for Review Re Patent Misuse Defense ~pj - Updated |
 |
|
Thursday, February 09 2012 @ 10:57 PM EST
|
Remember when I told you that the initial ruling dismissing Barnes & Noble's patent misuse defense was not the end of the story? Here's the next chapter: Barnes & Noble has now filed a petition for review of the order on the following bases:The ALJ’s decision rests on both erroneous conclusions of law and a misstatement of the facts. Rather than reviewing all facts in the light most favorable to Barnes & Noble, as is required under ITC precedent, the ALJ’s decision actually mischaracterizes Barnes & Noble’s factual allegations (and the evidence supporting them) and, indeed, simply overlooks the central basis for Barnes & Noble’s patent misuse defense.
Consistent with the Federal Circuit’s en banc decision in Princo Corp. v. International Trade Commission, 616 F.3d 1318 (Fed. Cir. 2010), Barnes & Noble alleges and has adduced evidence demonstrating that Complainant Microsoft Corporation (“Microsoft”) has impermissibly “leveraged” or broadened the scope of the patents-in-suit through its “Android licensing program”. But the most explosive section is where Barnes & Noble describes what Microsoft said to them when they approached Barnes & Noble with a demand that they pay for a patent license:“And what they basically told us was, it doesn’t matter if you have defenses, whether you don’t infringe, whether our patents are invalid, you’re going to need to take a license, because there’s no way that you can get out of our grasp, that we have so many patents that we could overwhelm you.” The document says that Microsoft demands that all OEMs take a license from them and pay for all Android phones whether or not they actually infringe.
|
|
|
| Oracle v. Google - Judge Orders Oracle to Cough Up Engineers |
 |
|
Thursday, February 09 2012 @ 03:15 PM EST
|
That didn't take long. Less than 24 hours after receiving the joint letter from the parties with regard to witnesses relied upon by Dr. Cockburn in preparing the third version of his damages report (711 [PDF; Text]), Judge Alsup has ordered (712 [PDF; Text]) Oracle to produce all five of the engineers referenced in the report for deposition by Google. We had anticipated that he would allow Google to depose Dr. Reinhold and perhaps two of the other four engineers, but Judge Alsup told Oracle to serve them all up. And not for a mere two hours apiece but for a total of 14 hours over two days, the time to be allocated by Google as it desires.
|
|
|
| Oracle v. Google - Who Contributed To The Third Cockburn Report? |
 |
|
Thursday, February 09 2012 @ 10:00 AM EST
|
Although we have yet to have the opportunity to see the third Cockburn report, Google has seen it and in a joint letter to the Court (711 [PDF; Text]) requests the opportunity to depose a number of the (new) individuals who contributed to the revised report. The question raised is, "Who is a contributor?"
Google argues that anyone named in the report as contributing to the report is fair game, especially if they were never previously identified as a witness by Oracle and Google never had an opportunity to depose them. Oracle argues that some contributors were not contributors at all and refuses to produce four of those individuals for deposition.
|
|
|
| Some Really Good News for Barnes & Noble; and Microsoft Withdraws Another Patent ~pj |
 |
|
Tuesday, February 07 2012 @ 12:04 AM EST
|
The big news being reported by Bloomberg is that Jeff Hsu, a staff attorney at the ITC, said in an interview he will be recommending that ITC Judge Theodore Essex find Barnes & Noble has not infringed three Microsoft patents. Essex rules in April on that. If I were a FUDster, I'd write that this means Barnes & Noble has prevailed, but I just tell you the truth, which is that this is one step in a longer process. It is, undeniably, however, fabulously good news for Barnes & Noble. It is also not a total surprise, in that the quality of Microsoft's patents is pitiful. It may also explain why Microsoft keeps dropping patents from the case. Microsoft says it's doing it to "streamline the investigation": Pursuant to 19 C.F.R. § 210.21(a)(1), in order to streamline the investigation, Complainant Microsoft Corporation hereby moves for partial termination of the investigation as to U.S. Patent No. 5,889,522 ("the '522 patent"), based on partial withdrawal of the Amended Complaint as to the '522 patent. The investigation will continue as to U.S. Patent Nos. 5,778,372, 6,891,551, and 6,957,233. And you can believe that explanation if you want to. Or, you can take another quick look at all the prior art Barnes & Noble presented to the ITC regarding Microsoft's patents, including the '522 patent.
|
|
|
| Oracle v. Google - Google Denied Writ of Mandamus on Lindholm Email |
 |
|
Monday, February 06 2012 @ 09:00 PM EST
|
The U.S. Court of Appeals for the Federal Circuit earlier today denied Google's petition for a writ of mandamus to overturn the district court's ruling that the Lindholm email was not privileged. Maybe, just maybe, Google will now throw in the towel on trying to protect the Lindholm email.
In an opinion which cast little doubt as to the law or the facts in this instance, a three-judge panel of the Federal Circuit found the claim of privilege to be totally undermined by the content of the email, the instructions that gave rise to the email (as stated in the body of the email), and the fact that the addressees of the email were not legal counsel to Google.
|
|
|
| Oracle v. Google - Still Waiting on the Revised Cockburn Report |
 |
|
Monday, February 06 2012 @ 09:40 AM EST
|
Although Dr. Cockburn's third attempt at a damages report was due to be filed last Friday, February 3rd, it has yet to show up on the electronic docket. That is most likely due to its length and the possibility that Oracle will seek to redact portions of the filing. In the meantime, Judge Alsup has issued a clarifying order with respect to the trial briefs on the issue of copyright. (710 [PDF; Text]) The judge basically instructs the parties to not interpret the law for him but to set out the relevant passages so he may draw his own conclusions. In addition, he wants the parties to make clear where they agree on the underlying law.
We also have the transcript of the July 21 Daubert hearing on the first Cockburn damages report. (Text of Document 231) You will recall that it was at the conclusion of this hearing that Judge Alsup ordered Oracle and Dr. Cockburn to go back and try again with something closer to a more reasonable assessment of damages. (Damages Report - Try Again, Oracle) We now get a better insight into the arguments set forth by Google in attacking the original report.
|
|
|
| Oracle v. Google - The Copyright Issues |
 |
|
Friday, February 03 2012 @ 06:00 PM EST
|
Today is the due date for Dr. Cockburn's third attempt at a damages report on behalf of Oracle, and just to make sure Oracle knows what needs to be submitted, Judge Alsup has issue a reminder order. (709 [PDF; Text]) The judge wants to see not only the report but also all of the related reports and studies that support it.
To recap what this third report is to address if Oracle wants to argue these points on damages:
|
|
|
| Oracle v. Google - Moving the Case Along |
 |
|
Thursday, February 02 2012 @ 08:50 AM EST
|
Just because the Oracle v. Google case has not been set for trial (and won't be until at least the time at which Oracle provides its third attempt at a damages report) does not mean the court can't move the case along, and that is what Judge Alsup has done with his latest order. In an attempt to narrow the issues to be argued at trial, Judge Alsup's latest order (708 [PDF; Text]) focuses on the copyright issues and directs the parties to provide opening briefs in which they identify each remaining claim of copyright liability and the affirmative defenses to each such claim. In addition, the parties are to identify those issues that should be resolved by the court and those underlying facts that first need to be decided by the jury.
This order adds to a somewhat lengthy litany of filings due from each party under various orders in effect at this time. The timeline for those responses is:
|
|
|
| The Latest on the Barnes & Noble Patent Misuse Defense - Some AntiFUD ~pj |
 |
|
Wednesday, February 01 2012 @ 12:33 PM EST
|
I'm seeing a couple of articles about an initial determination by the ITC against Barnes & Noble on its patent misuse defense, and there's quite a lot of spin on the ball, thanks to the usual suspects. They are reading a lot into a title of a sealed document. I see many misstatements. So I'll explain a little about the process, so you can understand it. For one thing, the title of the sealed ITC initial determination is called an *initial* determination for a reason. It means it isn't final. The final one comes later. Initial determinations can be reviewed by the full ITC if the defendant petitions for review and even one Commissioner says yes.
Litigation isn't like football. It is rarely suddenly over.
Most importantly, the materials and depositions Barnes & Noble is seeking in discovery from Nokia and MOSAID have not yet arrived, although the ITC did
grant Barnes & Noble's motion to ask Finland and Canada to provide them, and that's still ongoing, so there is likely more to go, even at the ITC. So with those materials not yet in hand, Microsoft's statement today that this means the defense is meritless is... well... to put it kindly premature. I mean, if a determination is made without the complete record being available, what does it mean?
|
|
|
First | Previous | 1 2 3 4 5 6 7 8 9 10 | Next | Last |
RIAA — Take Us Back To The Days of Illegal Price Fixing.
One final point about Recording Industry Association of America (RIAA) CEO Cary Sherman’s NYT Op Ed on “how the Internets did us wrong.” Mr. Sherman notes that:
They [Congress] knew that music sales in the United States are less than half of what they were in 1999, when the file-sharing site Napster emerged, and that direct employment in the industry had fallen by more than half since then, to less than 10,000.
There are two caveats here worth noting. The first is that when Mr. Sherman talks about sales and the “music industry” generally he means his organization’s members — specifically the four (soon to be three) “major labels” and all of their various sub-labels and subsidiaries.
This is important because in 1999, according to the Federal Trade Commission (FTC), the major labels were engaged in an illegal price fixing
scheme. The major labels agreed to discontinue their price-fixing practices as part of settlement decree in May 2000. Not surprisingly, once the major labels stopped violating antitrust law, their artificially inflated profits declined and independent competitors saw a significant rise in profits....It would be embarrassing for those not explicitly in the pay of the music industry to believe that it is the responsibility of government to return the industry to glory days of price fixing and monopoly profits. - Harold Feld, Tales of the Sausage Factory
Redmond’s .NET Developer Association considers break, cites ‘malaise’ in community
The board of the 14-year-old .NET Developer Association in Redmond sent a message to its members last night proposing a six-month break in activities to figure out how to revitalize the group — citing a general lack of interest from members, sponsors and speakers, even from Microsoft. The timing is notable. - Todd Bishop, GeekWire
OneRepublic's "Secrets" mixed with Beethoven's 5th Symphony is pure amazing
Stop what you're doing right now and prepare to take in some classical music, culture and cool. One of our favorites, The Piano Guys, are back with an amazing hybrid of OneRepublic's "Secrets" mixed with Beethoven's 5th Symphony.- William Goodman, CBS News
SOPA Strikedown Aftermath: Old Media Cannot Tell The Narrative Of One Million People
As the political victory from the SOPA strikedown sinks in, reflections over old media's role take its place. We know that old media -- unidirectional media such as TV, newspapers, radio -- barely covered SOPA at all. We also know that this has political reasons, as their owners didn't want to draw attention to the issue. But even at the apex of the fightback, on January 18, old media barely mentioned what was happening. This is very noteworthy in itself....
Old media, after all, is built on the premise of large organizations competing for resources; its narrative is dependent on pitting two powerful representatives against each other to portray their respective interests and let them battle it out in public. Old media consists of large corporations that can only portray conflicts between other large organizations....The copyright monopoly industries had no problems producing a trained, charismatic debater who would probably win in any televised debate against a random person of one of the millions of activists. But in the end, it didn't matter: it was the millions that made the difference and won.... There are two important things to learn from this: We don't need old media to tell our story to succeed, and we're able to tell the story ourselves. This, if anything, is what should have old media really worried. - Rick Falkvinge, TechDirt
After Years Of Extracting Money, Patent Troll Gets Slapped Down
Thousands of hours of court time and lawyers' time. Tens of millions of dollars. All for what?
Tim O'Reilly, who worked with Pei back in 1992 and 1993, celebrated the verdict on a Google+
post, and added this warning:
"The current patent system is a terrible tax on invention, as it requires real inventors to spend time in court rather than focusing on making real things happen. We must remember that the patent system was supposed to "promote the progress of science and the useful arts," not to enrich people who know how to work the legal system."
Amen to that. - Matt Rosoff, SF Chronicle
Texas Jury Strikes Down Patent Troll’s Claim to Own the Interactive Web
After threatening web companies for more than a decade, Michael Doyle and his patent-holding company Eolas Technologies — named after the Irish word for knowledge — may be finished.
An eight-member federal jury in East Texas deliberated Thursday for just a few hours before concluding that all of Eolas’ asserted claims of ownership to technology allowing access to the interactive web were invalid. That means the three upcoming trials that were scheduled to rule on infringement and damages, for Google, Yahoo and other companies, have been canceled. The eight defendant companies who resisted the lawsuits won’t pay anything to Eolas or its partner, the University of California, for using the web.... At “Rick’s on the Square” opposite the courthouse, defense lawyers were celebrating. There was a giddy atmosphere; these folks truly felt like they saved the Web today. ... As for the many companies that settled with Eolas, they might be regretting that pragmatic decision in light of the verdict.
Those companies include: Apple, Argosy Publishing, Blockbuster, Citigroup, eBay, Frito-Lay, JP Morgan Chase, New Frontier Media, Office Depot, Perot Systems, Playboy Enterprises International, Rent-A-Center, Sun Microsystems (bought by Oracle while this litigation was underway), and Texas Instruments. [PJ: Maybe the USPTO needs to think about what it almost enabled.] - Joe Mullin, Wired
Tim Berners-Lee Takes the Stand to Keep the Web Free
The jury was shown an e-mail from Pei Wei to Berners-Lee dated December 1991 — almost two years before Doyle’s invention — which read in part: “One thing I’d like to do soon, if I have time, is to teach the parser about Viola object descriptions and basically embed Viola objects (GUIs and programmability) into HTML files.”
Later Tuesday, Wei would testify that he had demonstrated interactive elements working in the Viola browser to Sun Microsystems in May 1993 — several months before Doyle claims to have come up with his invention.
Finally, Doan turned to Berners-Lee’s book, in which he described Wei as “a very inventive student at UC Berkeley.” Berners-Lee described how the web community at that time wasn’t focused on patents or even money — Wei simply put his invention online for free.
“It was ahead of its time,” said Berners-Lee. “The things Pei was doing would later be done in Java.” Java was heavily used in the late 1990s to add interactivity to web pages, later to be supplanted by Flash, Javascript and now HTML5. [PJ: Even though the verdict is in, I was sure you'd want to see this testimony. It goes on to show the lawyers for Eolas asking about his views on software patents. You'll enjoy his answer.] - Joe Mullin, Wired
Apple sues Motorola Mobility in The U.S. over Qualcomm patent licensing agreement
The lawsuit was filed today, February 10th, in a southern California District Court. Motorola Mobility, a company that is soon to be acquired by Google, is said to be in breach of a licensing agreement with chip-maker Qualcomm....
Apple says that because Motorola has a licensing agreement with Qualcomm for that patent, as does Apple, Motorola is in breach of its contract with Qualcomm:
"Motorola’s German lawsuit is in direct breach of a Patent Licensing Agreement between Motorola and Qualcomm. As a Qualcomm customer, Apple is a third-party beneficiary of that contract."
This breach, Apple claims, means that Motorola’s rights to the patent, both in Europe and the U.S., are exhausted, and it wants the courts to make Motorola drop its claims against Apple for violation of patents in Germany. - Matthew Panzarino, TheNextWeb
Apple lodges new suit against Samsung over autocorrect, screen unlock
The latest suit, filed on Wednesday, seeks a preliminary injunction against Samsung products Apple believes are infringing upon its own patented inventions. Specific details of the case, which emanates from U.S. District Court in San Jose, were not made available for viewing online after they were entered into the court.
...
Named as the three defendants in the suit are Samsung Electronics Co., Ltd., of Korea, Samsung Electronics America, Inc., based out of New York, and Samsung Telecommunications America, LLC., a Delaware company. The patent infringement suit has been assigned to Judge Lucy H. Koh.
- AppleInsider
ACTA: more than just an illegal download ban
ACTA was initially designed to halt the dangerous trade in counterfeit medicines. Following lengthy negotiations, held largely behind closed doors, the agreement has now been submitted to the United States, Australia and the European Union for approval.
Under pressure from the United States, the Anti-Counterfeit Trade Agreement has been expanded to combat online piracy. The main focus of the protests is the threat to an open internet, the ban on free downloading and the prospect of providers, search engines and users being vulnerable to prosecution. - Radio Netherlands
Older News Picks

Submit a Link
Suggest a news story to our News Picks Editor.
| Click on any day to search postings for that date. | |
Articles Only
Shortcuts
Articles Only
Headlines only
Groklaw RDF
Groklaw RSS
News Picks RDF
News Picks RSS
|