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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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The Simulator class
Authored by: Anonymous on Sunday, May 13 2012 @ 01:52 AM EDT
Mm, while I don't have detailed enough knowledge to evaluate the optimization
decisions being made by Google engineers, it really does look like Google was
aware of this patent, and deliberately coded around it. The specific absence
seems kind of glaring.

The Oracle argument here is basically one of trying to eat and have cake: we got
this patent on the 'novel' idea of combining these two techniques together as an
optimization, so we want a cut because people are using either technique. It's a
matter of playing around with scope again, because we're supposed to look at the
fact that both these techniques are used in the same program, regardless of the
fact that they aren't used in concert. It's disingenuous precisely because the
limit Oracle wants the jury to ignore is likely the very excuse for why the
USPTO can imagine this is somehow novel, as I understand the general practice
is, if there's a risk of something being thrown out for prior art / not novel,
you add qualifiers until it's more specific than precisely what the prior art
covers...

[ Reply to This | Parent | # ]

Great comment
Authored by: Anonymous on Sunday, May 13 2012 @ 07:35 AM EDT
Just wanted to say that I appreciated this explanation.

[ Reply to This | Parent | # ]

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