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Apple Files Opposition to Samsung's Motion for a New Trial on '381 Patent ~pj
Tuesday, July 23 2013 @ 02:05 PM EDT

Apple is, of course, opposed to Samsung's motion for a new trial regarding Apple's '381 patent, and it has now filed its opposition [PDF] with the court. It's the public, redacted version. Samsung asked for the new trial based on what it says is newly discovered evidence, namely his motion is based on "newly discovered evidence"after "Samsung learned from PTO records made publicly available on June 12, 2013, that Apple had successfully advocated a new claim construction of the only asserted claim – Claim 19 – and significantly narrowed its scope in connection with reexamination proceedings before the PTO to avoid having this claim rejected ..."

Apple however says it has done no such thing. Or at least, it hasn't done so "unambiguously". Hmm. "...Apple’s reexamination statements are completely consistent with the position Apple has taken throughout this case," Apple argues. Samsung's expert has mischaracterized what Apple said to the USPTO, it says:

Apple’s statements merely made explicit what was already implicit in the patent—that a centering function alone without the recited instructions to translate “until the area beyond the edge of the electronic document is no longer displayed” cannot meet the requirements of claim 19.
Even if this were newly discovered, it wouldn't change the outcome at trial. "The Van Dam Declaration ignores the unrebutted evidence at trial that Samsung’s products practice all the limitations of claim 19, rather than merely 're-centering' documents." And the cherry on top is the argument that it's too late for Samsung to get a do-over. Samsung's motion is time-barred. You only get 28 days after judgment to ask for a new trial, even if there is newly discovered evidence, Apple writes.

Here are all the filings since we last visited Apple v. Samsung:
2340 - Filed & Entered: 07/12/2013
Declaration of James Shin in Support of [2326] Administrative Motion to File Under Seal Samsung's Administrative Motion for Relief from April 29, 2013 Case Management Order filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Related document(s)[2326]) (Maroulis, Victoria) (Filed on 7/12/2013)

2341 - Filed & Entered: 07/12/2013
Declaration of James Shin in Support of [2332] Administrative Motion to File Under Seal Apples Motion To Seal Regarding Apples Opposition To Samsungs Administrative Motion For Relief From April 29, 2013, Case Management Order Declaration of James Shin in Support of Apple's Administrative Motion to File Documents Under Seal filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Related document(s)[2332]) (Maroulis, Victoria) (Filed on 7/12/2013)

2342 - Filed & Entered: 07/15/2013
Declaration of Cyndi Wheeler in Support of [2333] Administrative Motion to File Under Seal Exhibit 1 to Samsung's Motion for Leave to File Reply in Support of Samsung's Administrative Motion for Relief from April 29, 2013 Case Management Order, [2338] Administrative Motion to File Under Seal Samsung's Motion for New Trial Regarding '381 Patent Pursuant to Fed. R. Civ. P. 59 Based on Newly Discovered Evidence or, Alternatively, for Entry of Judgment on Liability filed byApple Inc.. (Related document(s)[2333], [2338]) (Olson, Erik) (Filed on 7/15/2013)

2343 - Filed & Entered: 07/17/2013
MOTION Apple Inc.s Motion To Modify April 29, 2013, Case Management Order Excluding Evidence Of Certain Infuse 4G Sales Or, In The Alternative, For Leave To Seek Reconsideration Of That Order, And To Clarify That The Order Applied Solely To The Infuse 4G filed by Apple Inc.. Motion Hearing set for 8/21/2013 02:00 PM before Hon. Lucy H. Koh. Responses due by 7/31/2013. Replies due by 8/7/2013. (Attachments: # (1) Proposed Order)(McElhinny, Harold) (Filed on 7/17/2013)

2344 - Filed & Entered: 07/17/2013 Administrative Motion to File Under Seal Docket Text: Administrative Motion to File Under Seal Apples Motion To Seal Regarding Apple Inc.s Motion To Modify April 29, 2013, Case Management Order Excluding Evidence Of Certain Infuse 4G Sales Or, In The Alternative, For Leave To Seek Reconsideration Of That Order, And To Clarify That The Order Applied Solely To The Infuse 4G filed by Apple Inc.. (Attachments: # (1) Declaration Of Erik J. Olson In Support Of Apple Inc.s Motion To Modify April 29, 2013, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D [PJ: Exhibits B-D are sealed.])(McElhinny, Harold) (Filed on 7/17/2013)

2345 - Filed & Entered: 07/22/2013
Administrative Motion to File Under Seal Apples Motion To Seal Regarding Apples Opposition To Samsungs Motion For New Trial Regarding 381 Patent Pursuant To Rule 59 Based On Newly Discovered Evidence Or, Alternatively, For Entry Of Judgment On Liability filed by Apple Inc.. (Attachments: # (1) Apples Opposition To Samsungs Motion For New Trial Regarding 381 Patent Pursuant To Rule 59 Based On Newly Discovered Evidence Or, Alternatively, For Entry Of Judgment On Liability, # (2) Declaration Of Ravin Balakrishnan, Ph.D. In Support Of Apples Opposition To Samsungs Motion For New Trial Regarding 381 Patent, # (3) Exhibit A, # (4) Exhibit B)(McElhinny, Harold) (Filed on 7/22/2013)

As you see, the final exhibit to #2345 was filed manually, so if you attend the next hearing, please stop by the clerk's office at the courthouse and ask for that document from the file, and then make a copy. They should have a copier right there at the courthouse you can use. I'll reimburse you, of course.

Here is the Table of Contents, which gives you the overview:

TABLE OF CONTENTS

INTRODUCTION .................................. 1

ARGUMENT ....................................... 3

I. SAMSUNG’S MOTION BASED ON PURPORTED “NEWLY DISCOVERED
EVIDENCE” SHOULD BE DENIED. ........................ 3

A. Samsung’s Motion Is Time Barred............................ 3

B. Samsung’s Motion Fails On The Merits. .......................... 3

1. Apple’s Reexamination Statements Did Not Exist At The Time Of
Trial. ....................................... 4

2. Samsung Was Well Aware Of Apple’s Position Throughout Pretrial
Proceedings And The Trial. ....................... 6

3. Apple’s Reexamination Statements Would Have Made No
Difference In The Outcome. ............................. 8

a. Samsung’s New Non-Infringement Arguments Could Have
Been Made At Trial, But Were Waived, And They Are
Wrong In Any Event............. 8

b. Apple’s Reexamination Statements Were Not An
Unambiguous Disclaimer Of Claim Scope................. 14

II. SAMSUNG’S ALTERNATIVE MOTION FOR ENTRY OF A SECOND
JUDGMENT ON LIABILITY SHOULD BE DENIED.......................... 16

CONCLUSION ................................... 20

And here's the introduction, where Apple lists what its main arguments are:

INTRODUCTION

The Court should reject Samsung’s latest attempt to delay the retrial on damages. This time, Samsung has filed a procedurally improper Rule 59 motion. Samsung’s motion is far too late—Samsung’s deadline for filing was 28 days after entry of judgment, not ten months later.

In any event, Samsung’s motion is wrong on the merits. First, to grant a new trial based on “newly discovered evidence,” the evidence must have been in existence at the time of trial but not discoverable through the exercise of reasonable diligence. The evidence to which Samsung points—Apple’s statements during reexamination of the ’381 patent—did not exist until May 2013, some nine months after trial. This fact is a sufficient basis on which to deny Samsung’s motion.

Second, Apple’s reexamination statements are completely consistent with the position Apple has taken throughout this case. For example, the rebuttal report of Apple’s expert, Dr. Ravin Balakrishnan, distinguished the Lira prior art reference before trial in the same way that Apple later distinguished it during reexamination. Thus, Samsung had actual notice of Apple’s supposedly new position before trial and during trial.

Third, this purportedly new evidence would have made no difference. Samsung’s motion is a thinly-disguised attempt to make new non-infringement arguments that it could have made at trial but chose not to present. This Court should not give Samsung a do-over. In any event, Samsung’s new non-infringement arguments are wrong. The Van Dam Declaration ignores the unrebutted evidence at trial that Samsung’s products practice all the limitations of claim 19, rather than merely “re-centering” documents. The new declaration fails to discuss either the behavior of the accused products or the source code admitted into evidence that proves this point. In short, even if Samsung’s motion were timely and even if the Court “re-construed” claim 19 as Samsung proposes, Samsung’s accused products would still infringe that claim.

Finally, Apple’s statements fall far short of an unambiguous disclaimer that could have narrowed the scope of claim 19. Indeed, rather than analyzing what Apple actually said about claim 19 during reexamination, Samsung has its technical expert substantially re-characterize or mischaracterize Apple’s statements and then argue that his recharacterization was not proved at trial. The statements Apple actually made about claim 19 do not clearly and unambiguously narrow the scope of that claim as construed by the Court or applied by Apple at trial.

Nor should the Court grant Samsung’s “alternative,” completely unrelated, request to enter another judgment on liability and stay the proceedings pending an appeal under 28 U.S.C. § 1292(c). Samsung’s opportunity for a Section 1292(c) appeal has come and gone, for two independent reasons. First, there was no bifurcation of liability and damages here. Rather, both liability and damages were tried together, so Section 1292(c) does not even apply. Indeed, it is noteworthy that Samsung has never before asserted that Section 1292(c) applies here, even though the Federal Circuit’s Bosch decision makes clear that it creates no new law. Robert Bosch, LLC v. Pylon Mfg. Corp., No. 2011-1363, 2013 WL 2664281, at *6 (Fed. Cir. June 14, 2013) (en banc). Second, even if Section 1292(c) did apply, the time to take an appeal of liability has passed and cannot be revived. After trial on liability and damages, this Court issued judgment on August 24, 2012. The Court then resolved all post-judgment motions as to liability on January 29, 2013. At that point, only a portion of the damages issues remained unresolved. So even if a non-bifurcated trial could result in a judgment that is “final except for an accounting” under 28 U.S.C. § 1292(c)(2), the time to appeal was within 30 days of January 29. Samsung did not do so. That 30-day deadline is jurisdictional and cannot now be extended. Samsung is trying to restart the clock by asking this Court to issue another liability judgment. But under well-settled law, even if the Court were to do so, it would not restart the clock.

Both of Samsung’s motions should be denied. The parties have already invested immense effort preparing for the upcoming damages trial. Apple’s expert report has been served and Samsung will serve its report in four days, on July 26th. Extensive judicial resources have been expended. This case is within striking distance of a true final judgment. The Court should proceed with the trial.

That last part means Apple thought this case was home free, and ever since the trial, its win keeps getting smaller and smaller, and the appeal has yet to come on whether it even should have won. So the last thing in the world it wants to do is go through another trial, particularly one that could result in a reduction in damages and a shadow over the '381 patent. So it's pulling out all stops.

Here's the part about Apple's construction of claim 19 being consistent:

1. Apple’s Reexamination Statements Did Not Exist At The Time Of Trial.

Samsung asserts that on May 9 and 13, 2013, during reexamination, Apple adopted an entirely new position on the construction of claim 19, and that this “newly discovered evidence” justifies a new trial. (Dkt. No. 2338-3 at 5-15.) Samsung’s assertion is untrue, but in any event, it is well established that any purported newly discovered evidence must have existed at the time of trial. ... Samsung’s motion should thus be denied on the merits for the straightforward reason that the evidence on which it relies did not exist at the time of trial....

Apple’s arguments and opinion testimony in this lawsuit on the validity of claim 19, and on why prior art references were not anticipating, are entirely consistent with Apple’s later arguments in reexamination.

A centerpiece of Apple’s position in its pre-trial expert reports was that claim 19 required a device with instructions to take action “in response to the edge of the document being reached” and upon the user’s lifting a finger from the screen, to translate the document in a second direction “until the area beyond the edge was no longer displayed.” (Balakrishnan Rebuttal Report ¶ 87.) That is, merely centering or re-centering a document did not suffice.

For example, in his Rebuttal Expert Report on the Validity of the ’381 Patent, Dr. Balakrishnan responded to Dr. Van Dam’s pretrial opinions that the Lira, LaunchTile, and Tablecloth references anticipated claim 19. Dr. Balakrishnan opined that these references did not disclose “edge-responsive functionality” as required by the ’381 patent, but instead could be manipulated to “simulate supposed edge-responsive behavior, yet it is clear that these references are in fact merely re-centering items.” (Id. ¶¶ 53-55 (emphasis added).) With respect to Lira specifically, Dr. Balakrishnan opined: “Like LaunchTile, Lira discloses a recentering functionality and a method for realigning or reformatting webpage content so that it can fit more easily into a small screen . . . . It does not disclose what will or should happen if and when the user tries to scroll past the edge of the page.” (Id. ¶ 87.) Dr. Balakrishnan opined that Lira’s “centering functionality” did not disclose the following limitations: “in response to an edge of a document being reached . . . displaying an area beyond the edge of the document” and “in response to detecting that the object is no longer on or near the touch screen display, translating the electronic document in a second direction until the area beyond the edge of the document is no longer displayed to display a fourth portion of the electronic document, wherein the fourth portion is different from the first portion.” (Id.)

Apple’s position was consistent at trial. Samsung elected not even to assert Lira as invalidating prior art at trial. But Dr. Van Dam did testify for Samsung that the similar LaunchTile reference anticipated claim 19. Dr. Balakrishnan rebutted Dr. Van Dam’s opinion, testifying that LaunchTile did not embody the limitation “in response to the edge of the document being reached” because it was “really a recentering algorithm. It doesn’t actually check that it reached the edge of any document.” (Trial Tr. 3635:13-18.)

Samsung’s assertion that before the reexamination proceedings Apple did not distinguish prior art based on the distinction between mere “recentering” and “edge detection” is untenable. Contrary to Samsung’s assertion that “Apple advocated an entirely new and far narrower interpretation of Claim 19" in reexamination (Dkt. No. 2338-3 at 3), Apple's position is consistent throughout, and Samsung was well aware of it....

Apple introduced additional source code into evidence as PX31. That evidence demonstrated that all the Samsung accused products detected and translated documents based upon the "edge" of the document being detected, without necessarily centering or re-centering the underlying electronic document....

But even if Samsung had pursued Dr. Van Dam’s new theory at trial, it would not have prevailed. That new theory is neither responsive to Apple’s infringement argument nor correct. Apple demonstrated at trial that documents that are zoomed in or are otherwise larger than the screen on Samsung’s Gallery, Browser, and Contacts applications do not “re-center” or show the original image when pulled beyond the edge and released. Instead, in Samsung’s accused products, these zoomed-in or large documents translate “until the area beyond the edge is no longer displayed” and a “fourth portion” of the document “different from the first portion” is displayed. (Trial Tr. 1741-1754; PX64.) And it is these documents that present the most serious potential for the “Desert Fog” or “frozen screen” problems that the ’381 invention was designed to solve and that benefit the most from that invention.

Dr. Van Dam’s new declaration does not even address, let alone refute, Apple’s infringement claim relating to the Gallery application. Instead, he limits his discussion and his one video demonstration to documents that are not zoomed in and that are the same size as or smaller than the screen. This completely ignores the undisputed evidence the jurors saw with their own eyes, namely that the Samsung devices did not “center” or “re-center” a zoomed-in document but instead translated the document in response to “edge detection.” (See, e.g., PX64 and Trial Tr. 1741-1754.)...

Even assuming there is some special case in which the manipulation of an unzoomed image smaller than the screen does not practice all of the claim 19 limitations, that would not immunize behavior and instructions that plainly do infringe. In that respect, Samsung’s new argument is just as flawed as its failed “hold still” defense. The ability to create “hold still” behavior did not prevent the Samsung devices from executing instructions that infringed claim 19 or erase those infringing instructions from Samsung’s code. So too with Samsung’s new theory. In any event, Samsung elected not to make this argument at trial. Samsung is not entitled to a new trial merely because its tactical choices were unsuccessful and it would like to try a different non-infringement argument now.

Once again, we, the public, are hampered by not having the entire document. Some of the most important sections, like some of what the experts said and wrote, are redacted, which once again makes it hard to know who is in the right. What is clear is that there is a real dispute, and Samsung will have the opportunity to respond to all of this next.

  


Apple Files Opposition to Samsung's Motion for a New Trial on '381 Patent ~pj | 152 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"Samsung’s deadline for filing was 28 days after entry of judgment, not ten months later."
Authored by: Anonymous on Tuesday, July 23 2013 @ 03:05 PM EDT
Page 8 of 25
Fed. R. Civ. P. 59(b). “The 28-day limit for motions for a new trial applies even when the new trial is sought on the ground of newly discovered evidence.” Wright & Miller, Federal Practice and Procedure § 2812. The Court issued judgment on August 24, 2012. (Dkt. No. 1933.) More than ten months elapsed between the entry of judgment and the filing of Samsung’s motion. The motion is time barred.

Moreover, Rule 6(b) “bars a district court from extending the . . . period for a new trial motion.” Tillman v. Ass’n of Apt. Owners of Ewa Apts., 234 F.3d 1087, 1089 (9th Cir. 2000). Rule 6(b) provides that the Court “must not extend the time” for Rule 59 motions. Fed. R. Civ. P. 6(b)(2). Accordingly, this Court is “without jurisdiction to consider” Samsung’s untimely Rule 59 motion. Tillman, 234 F.3d at 1089.

How tightly does this squeeze Samsung?
Apple's defense here is very 'Catch 22'.

[ Reply to This | # ]

I wonder if this is deliberate?
Authored by: Anonymous on Tuesday, July 23 2013 @ 03:06 PM EDT

As you see, the final exhibit to #2345 was filed manually, so if you attend the next hearing, please stop by the clerk's office at the courthouse and ask for that document from the file, and then make a copy. They should have a copier right there at the courthouse you can use. I'll reimburse you, of course.

Seriously. The litigants know that the case is being followed closely, and I wonder if they are trying to hide things from us?

Wayne
http://madhatter.ca

[ Reply to This | # ]

"do-over"
Authored by: rsteinmetz70112 on Tuesday, July 23 2013 @ 03:24 PM EDT
Quoting the Judges phrase is a cute device.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Corrections Thread
Authored by: artp on Tuesday, July 23 2013 @ 03:32 PM EDT
Please indicate the correction in the Title Block if it fits.

"Eror" -> "Error" works well.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

  • his ==> its - Authored by: Anonymous on Tuesday, July 23 2013 @ 05:03 PM EDT
  • his -> this - Authored by: Anonymous on Tuesday, July 23 2013 @ 06:26 PM EDT
Off Topic Thread
Authored by: artp on Tuesday, July 23 2013 @ 03:34 PM EDT
Which long-running case were we talking about? Not here,
please!

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

Comes Goes Here
Authored by: artp on Tuesday, July 23 2013 @ 03:35 PM EDT
For those stalwarts still working on transcribing all the
dirty tricks that Microsoft employed in the "Comes v. MS"
case linked to above.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

News Picks Thread
Authored by: artp on Tuesday, July 23 2013 @ 03:35 PM EDT
URL, please !

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

laughing stock
Authored by: Anonymous on Tuesday, July 23 2013 @ 05:14 PM EDT

I am incredulous every time I read about a software patent.

And it is these documents that present the most serious potential for the “Desert Fog” or “frozen screen” problems that the ’381 invention was designed to solve and that benefit the most from that invention.

This is a joke, right? Apple created an abstraction of a document flying around in abstract space behind the screen and because some geenyus there figured out where the edge of their own abstraction is and decided to stop the abstraction of flying, it's an "invention"? Did none of these whiz kids ever play an ANSI graphics door game on a BBS? Those maps had edges, y'know. Players had to stop at the edges or they'd wander out into the abstract "space" or "Desert fog".

No wonder everyone who's ever even tinkered with a bit of GUI programming is laughing at the whole U.S. court system, USPTO, Apple, Oracle, Microsoft, et. al., along with their primitive-brained lawyers.

How far can the US sink into corporate greed induced ignorance? I'll have to wear a paper bag over my head when I go to modern countries.

[ Reply to This | # ]

How can you say there is a real dispute?
Authored by: Anonymous on Tuesday, July 23 2013 @ 05:18 PM EDT
"What is clear is that there is a real dispute, and Samsung will have the
opportunity to respond to all of this next."


Everything Apple says in the article above is clearly true and supported by the
updates YOU posted to the previous article. In particular, everything Apple
says above is supported by updates 2 and 3.

There is no real dispute here. Samsung's allegations are baseless.

[ Reply to This | # ]

Apple is changing its arguments now
Authored by: Anonymous on Tuesday, July 23 2013 @ 08:10 PM EDT
This brief shoes that Samsung is correct
in that Apple is changing its arguments.

Previously Apple was arguing that this
patent was about their invention where a
document was scrolled past the edge would
automatically scroll back such that the
edge of the document lined up with the
edge of the display.

Now they're arguing being able to detect
the edge and if the document is scrolled
enough past the edge then scroll to the
next item.

Of course they may be able to slip this
past the nontechnical judges.

I will admit that being a nonlawyer but a
Matter of Computer Science had a hard time
following Apple's argument on the
technical details. That tends to raise my
"they're trying to pull a fast one" meter.

[ Reply to This | # ]

obvious
Authored by: Anonymous on Tuesday, July 23 2013 @ 08:37 PM EDT
Doesn't Lira for bounce centering documents render edge
bouncing obvious anyway?

Once you have seen the bounce function it could be adapted to
fit anywhere. Just as apple have done, they did not invent
the bounce.

Cheers

Franki

[ Reply to This | # ]

Prior Art
Authored by: Anonymous on Tuesday, July 23 2013 @ 09:35 PM EDT
I know this is way after the fact, but I'm positive I've seen
multiple 'bounce-back' or 'rubber-band' mechanisms in other
computer software before.

In particular, window and icons that if you tried to move them
to an illegal position, they would be moved slowly back to
their original position.
Can anyone think of programs or OS's which displayed this
behavior? The names escape me right now but I'm sure that I've
seen them.

[ Reply to This | # ]

  • Prior Art - Authored by: Anonymous on Tuesday, July 23 2013 @ 11:32 PM EDT
  • Amiga - Authored by: Ian Al on Wednesday, July 24 2013 @ 03:52 AM EDT
  • Prior Art - Authored by: Anonymous on Wednesday, July 24 2013 @ 04:06 AM EDT
    • Pong - Authored by: Anonymous on Wednesday, July 24 2013 @ 04:27 AM EDT
  • Games - Authored by: Anonymous on Wednesday, July 24 2013 @ 11:11 AM EDT
Parsimonious verity
Authored by: NigelWhitley on Wednesday, July 24 2013 @ 07:52 AM EDT
Apple use a politician's approach to honesty in the second paragraph of their
introduction (IMHO,IANAL)

"First, to grant a new trial based on “newly discovered evidence,” the
evidence must have been in existence at the time of trial but not discoverable
through the exercise of reasonable diligence. The evidence to which Samsung
points—Apple’s statements during reexamination of the ’381 patent—did not exist
until May 2013, some nine months after trial. "

In time-honoured fashion Apple have made a true but misleading statement. IMHO
(IANAL) the evidence to which Samsung is referring is the claim construction
Apple believe should apply to claim 19 of the '381 patent. Clear evidence of
that belief is the newly-discovered statement to the USPTO examiner, which Apple
claim was always their position. However, that understanding of the claim
construction was, by Apple's own assertion, in existence at the time of the
trial. Samsung (IMHO,IANAL) would argue that they were unable to discover that
understanding "through the exercise of reasonable diligence".

Treading nervously around the site guidelines, I suggest Apple's response is
akin to President Clinton's testimony regarding his relations with Monica
Lewinsky. The trick is to choose one's words very carefully. Here, Apple use
"evidence" to refer to the statement to the USPTO when (IMHO) Samsung
are using "evidence" to refer to Apple's allegedly longstanding
construction of claim 19.

It's a variation on a straw man argument, deliberately misunderstanding what the
other party has said because the "wrong" argument is easy to counter
and the right one isn't. This works well if you believe the oath should be
"tell the truth and nothing but the truth", but leave out "the
whole truth".

It seems the truth is so valuable to Apple that they can't afford the whole
thing.
--------------------------
Nigel Whitley

[ Reply to This | # ]

Does this hinge on a legal technicality?
Authored by: Anonymous on Wednesday, July 24 2013 @ 07:56 AM EDT
So they spent however much time, money, and paper during the claims construction
process of this trial, based on the language of the claims in the patent
application.

After the trial, the patent is invalidated, but revalidated after language is
changed to tighten one of the claims.

I can't quite see how changing the language sufficiently to go from a fail to a
pass at the USPTO doesn't invalidate the initial claims construction at the
trial.

Is there already some particular threshold of change that has to be met, either
in case law or procedure, that the claims can be measured against? Or is this
still pretty new territory?

bkd

[ Reply to This | # ]

Apple Files Opposition to Samsung's Motion for a New Trial on '381 Patent ~pj
Authored by: Anonymous on Wednesday, July 24 2013 @ 08:20 AM EDT
If i recall correctly, the judgement is still not finished.

So how can Apple claim that it is?

I don't understand.

[ Reply to This | # ]

Apple Files Opposition to Samsung's Motion for a New Trial on '381 Patent ~pj
Authored by: Anonymous on Wednesday, July 24 2013 @ 08:28 AM EDT
I'll lose the last shred of faith in the legal system if Apple
wins this one on a technicality.

This whole case hinges on claim construction. It's not even
remotely reasonable that a claim of the case can be altered
significantly and have that alteration be ignored.

[ Reply to This | # ]

Overloaded term
Authored by: Anonymous on Wednesday, July 24 2013 @ 09:11 AM EDT
You assert that an electronic document is not an object. That depends on what
definition of object you use. You are certainly right for any definition prior
to 1970, where tangibility is the essential characteristic of being an object,
and just as certainly wrong for the definition(s) recently added when object
oriented programming was introduced. Under that paradigm, everything on a
computer is an object.

[ Reply to This | # ]

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