decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
oh yes they are | 129 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
oh yes they are
Authored by: Anonymous on Tuesday, September 04 2012 @ 02:50 PM EDT
Not to the judge, necessarily, but to the press.

They could just as easily have written footnote 1 like this:
"In this motion, unless otherwise indicated, the phrase
"Mountain Lion" includes both Mountain Lion and any future
infringing versions of OS X." Or they could have, you know,
moved their fingers and typed "and any future infringing
versions of OS X" a few times in the body of the motion,
which wouldn't have taken them much longer than typing
Footnote 1.

Typical troll tactic, be as confusing as possible. They're
counting on the press to read the motion but not very
carefully. You'll see headlines stating that "OS X
infringes, claims lawuit". Which not only makes it sound
like Apple might have to pay even more Beellions than if
"Mountain Lion infringes", but more ordinary people (Apple
customers and Apple shareholders) know what "OS X" is than
know what "Mountain Lion" is. Now that Apple is actually
fighting in court, the troll's strategy is to be as annoying
as possible. A drop in Apple's share price due to spooked
investors might not make Apple settle this suit, but anybody
else the troll approaches will factor this example into the
"nuisance value" being extorted.

[ Reply to This | Parent | # ]

  • Hanlon's Razor - Authored by: Anonymous on Tuesday, September 04 2012 @ 06:47 PM EDT
New Tactic: sue for future products
Authored by: Anonymous on Tuesday, September 04 2012 @ 04:31 PM EDT

to any future, infringing revisions
Sorry, tongue in cheek still seems to be in my blood today.

At least I hope they're not actually trying to sue for a product not created yet..... although it wouldn't surprise me if someone did actually try that.

Plaintiff:

    Ladies and Gentlemen of the Jury. You've seen the evidence. The defendant plans on making a product 30 years from now that will implement the patented invention. They have clearly stated they have absolutely no intention of paying for a license! You must find them guilty of patent infringement and make them pay!
Defendant:
    Ladies and Gentlemen of the Jury. What can I say other then the patent will terminate in 5 years. The patent won't be valid!
Jury:
    We find the defendant guilty and must pay $1.3 Billion!

RAS

[ Reply to This | Parent | # ]

I forgot to add my own footnote to that post
Authored by: Anonymous on Wednesday, September 05 2012 @ 05:03 AM EDT
"Unless otherwise stated, the term 'outrageous falsehood' shall include
defining terms contrary to how they have been used by the brand holder and
the market in general for a decade or so"

You're right, I didn't read the footnote in that wall of text , as will
approximately
none of the press. I doubt the effect they seek is anything other than confusion

in their favour, possibly even in the mind of the judge.

[ Reply to This | Parent | # ]

I forgot to add my own footnote to that post
Authored by: Anonymous on Wednesday, September 05 2012 @ 05:04 AM EDT
"Unless otherwise stated, the term 'outrageous falsehood' shall include
defining terms contrary to how they have been used by the brand holder and
the market in general for a decade or so"

You're right, I didn't read the footnote in that wall of text , as will
approximately
none of the press. I doubt the effect they seek is anything other than confusion

in their favour, possibly even in the mind of the judge.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )