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| Authored by: Anonymous on Tuesday, May 15 2012 @ 01:48 PM EDT |
Simon Linder @SimonHLinder
Van Nest argues Mitchell wants to replace the word data in
the claim construction to support Oracle's, I mean his,
position.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 01:49 PM EDT |
Rachel King @ZDNetRachel
See, Van Nest keeps everyone on their toes with catchphrases
like "there's a killer" about Oracle's "dynamic" argument[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 01:51 PM EDT |
Rachel King @ZDNetRachel
Google: evidence of non-infrigement is overwhelming, saying
that Oracle is relying too heavily on just Dr. Mitchell's
testimony.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 01:52 PM EDT |
Dan Levine @FedcourtJunkie
Unscientific and likely meaningless jury canvass: Google's
Van Nest getting way more juror smiles than Oracle's Jacobs[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 01:55 PM EDT |
Simon Linder @SimonHLinder
In presentation, one picture of Dr. Mitchell looking down
during deposition contrasts with some pictures of what Google
offers as evidence.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 01:56 PM EDT |
Rachel King @ZDNetRachel
Jacobs objected over reading specification into claim. Alsup
overruled. Pretty sure that was done to derail Van Nest's
momentum.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:09 PM EDT |
Rachel King @ZDNetRachel
Oh, everyone playing #OraclevDrinking game, take a sip. Van
Nest highlighted @OpenJonathan blog post AGAIN.[ Reply to This | Parent | # ]
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- Hurrah! n/t - Authored by: Anonymous on Tuesday, May 15 2012 @ 02:12 PM EDT
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:13 PM EDT |
Rachel King @ZDNetRachel
Van Nest concludes with "one more slide" joke. Recess on.
Oracle rebuttal (6 min) next[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:34 PM EDT |
Rachel King @ZDNetRachel
Oracle's Jacobs in rebuttal mode about Google: They're still
not telling you the full story.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:39 PM EDT |
Rachel King @ZDNetRachel
Also talking about @OpenJonathan blog, Jacobs said
"definition of recklessness is relying on a blog post."[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:42 PM EDT |
Rachel King @ZDNetRachel
Jacobs on Google not having access to Sun patents? Google
organizes the world's information[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:44 PM EDT |
Simon Linder @SimonHLinder
Jacobs mentioned that Oracle is talking about meaningful
data. Like we don't remember it's not in the claim
construction.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:45 PM EDT |
Rachel King @ZDNetRachel
Rebuttal over. Updated original post. Live on @ZDNet now.
Jury getting more instructions for next 10 min. Will go to
deliberate then.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 02:59 PM EDT |
Simon Linder @SimonHLinder
Alsup messed up, said Google rather than Oracle had burden to
prove willfulness. Van Nest corrected him. Important
distinction.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 03:01 PM EDT |
Rachel King @ZDNetRachel
If phase 3 starts tomorrow, Goog is saying Oracle wants Larry
Page here tomorrow. Goog says no. Alsup wants to know
Purcell's point.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 03:03 PM EDT |
Rachel King @ZDNetRachel
Still, Alsup doesnt care if Page is busy. Says this is a big
case & must show up if subpoenaed.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 03:04 PM EDT |
Rachel King @ZDNetRachel
But Alsup also doesn't see the point of bringing Page in over
9 lines of code. (rangeCheck length is big sticking point for
Alsup)[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 03:06 PM EDT |
Rachel King @ZDNetRachel
We're reconvening at 1:30PM to hear the motion, which means
we're back in this court for the long haul today.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 03:20 PM EDT |
Caleb Garling @CalebGarling
Judge Alsup is making no attempts to hide how annoyed he is
that Oracle is pushing for a damages phase over 9 lines of
code[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 03:24 PM EDT |
Caleb Garling ‏ @CalebGarling
Oracle is a big huddle post jury deliberation. Noticeably
absent last three days: Safra Catz[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:36 PM EDT |
Rachel King @ZDNetRachel
Back in the courtroom. Only the lawyers and the faithful
(i.e. the press) are back for the afternoon hearing[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:37 PM EDT |
Rachel King @ZDNetRachel
Purcell started off for Google, saying ORCL doesnt have
expert/fact witnesses to tie amount of damages to 9 lines of
code. Boies up now![ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:38 PM EDT |
Rachel King @ZDNetRachel
Boies: there is no case where copyright infringed materials
generated by defendant imposed burden of proof on plaintiff[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:43 PM EDT |
Rachel King @ZDNetRachel
Boies: Denying infringer's profits case instead of statutory
damages gives Google a free pass on these things they
deliberately copied.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:45 PM EDT |
Rachel King @ZDNetRachel
Boies recognizes if he loses infringer's profits and then
everything else, Oracle gets ZERO $$[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:48 PM EDT |
Rachel King ‏ @ZDNetRachel
Alsup just shut down Boies on Google using rangeCheck to
speed up Android release, saying anyone could do it.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:50 PM EDT |
Rachel King @ZDNetRachel
Alsup to Boies: You're one of the best lawyers in America.
How could you even make that argument?[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:52 PM EDT |
Caleb Garling @CalebGarling
Alsup says he's been writing code since this trial started.
He's written rangeCheck code a "100 times". Incredulous
Oracle claiming damages[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:53 PM EDT |
Caleb Garling @CalebGarling
Celebrity attorney David Boies fighting tooth and nail that
Oracle has the right to demand infringer's profits[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:55 PM EDT |
Rachel King @ZDNetRachel
Alsup said that Oracle is going on a "fishing expedition" in
damages phase. Solid gold star for that reference.
Caleb Garling @CalebGarling
Alsup tells Boies Oracle's only doing damages because they
haven't won anything else and they're in a fix. "This is a
fishing expedition."[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:56 PM EDT |
Caleb Garling @CalebGarling
"I have a lot to read before I can tell you the answer on the
big issue." - Alsup on ruling whether the APIs are
copyrightable at all[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 04:57 PM EDT |
Caleb Garling @CalebGarling
Just want to reiterate that yes, Judge Alsup says he learned
to code for this case. First I've heard of this.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 05:04 PM EDT |
Rachel King @ZDNetRachel
Alsup: Not all the jurors have left the building, but there
won't be any notes today. We'll reconvene at 8AM; jury meets
from 8-1[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 05:10 PM EDT |
Rachel King @ZDNetRachel
The #OraclevGoogle press corps agrees: This trial is a mess.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 05:11 PM EDT |
Caleb Garling @CalebGarling
Wow. So at the end of all that drama Oracle proposed an
interesting deal that could toss the infinger profits stuff
out. Story to come...[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 15 2012 @ 05:14 PM EDT |
Caleb Garling @CalebGarling
So, Alsup clarified he's been coding for some time. He'd just
never written in Java. This information would have been
helpful YESTERDAY[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 10:58 AM EDT |
Rachel King @ZDNetRachel
Back in court. Jury still out. Some heated convo going on
with lead attys. Don't know why, but something is going
down...[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:01 AM EDT |
Caleb Garling @CalebGarling
Google's lead counsel Robert Van Nest wandering the courtroom
chatting with law clerks before we start. Seems like a
genuinely kind person[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:03 AM EDT |
Caleb Garling @CalebGarling
Yet, a few feet away, Google's Bruce Baber and Oracle's David
Boies are silently arguing over damages proceedings[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:05 AM EDT |
Rachel King @ZDNetRachel
After taking a pause, looks like they're going to discuss
again. Van Nest says "what can I help you with?" entire court
laughs.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:06 AM EDT |
Rachel King @ZDNetRachel
Wow, we have a joint huddle going on now with an interesting
setup: Van Nest, Anderson for Google; Boies and Norton for
Oracle[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:11 AM EDT |
Caleb Garling @CalebGarling
So close: Boies was about to state Oracle's "issue" with the
deal, but Van Nest yanked him aside (Everyone could hear).
Talking quietly now[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:13 AM EDT |
Rachel King @ZDNetRachel
Van Nest & Boies are the most heated whisperers ever. Baber
looks like he's playing ref. Jacobs standing back & keeping
quiet.
Rachel King @ZDNetRachel
Broken into massive huddles on both sides of the courtroom.
Judge won't be coming in until 8:30AM now. Wish I had known
that sooner...[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 11:21 AM EDT |
| . [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 05:59 PM EDT |
I know of prior art to static linking from symbol/number to address and dynamic
linking from symbol/number to address in the linker and loader for RT-11 from
the mid 1970's. Who in the world issues these "patents"?
/s/ Jim Williams
jfw.rt11@gmail.com[ Reply to This | Parent | # ]
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