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A bit simplistic | 94 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: feldegast on Sunday, September 30 2012 @ 10:17 AM EDT
So they can be ficksed -> fixed

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Apple v Samsung - What's New? Plus All The Preliminary Injunction Arguments (and I Do Mean All) ~pj
Authored by: UncleVom on Sunday, September 30 2012 @ 10:32 AM EDT
"and the only folks benefiting from US patent law are the old and the
stagnant."

AND the lawyers.

I think we are actually seeing some real innovation when it comes to
manipulation and stretching of existing laws and not to forget the manipulation
of elected officials.

Since the actual manufacture of many "U.S." goods is offshore and that
is where most of the sources of competition also comes from, the Legal industry
and IP protection are the last strings that can keep the US economy appearing to
be alive and growing.

From manufacturers who now only really own nameplates to an entertainment
industry that has been bypassed by technology, you have bogus heavy handed
Government forced trade agreements with other nations as a last ditch effort to
protect what is broken.

If you kill off the patent game plan the whole house of cards will come down
very quickly.


[ Reply to This | # ]

News picks
Authored by: feldegast on Sunday, September 30 2012 @ 10:54 AM EDT
Please make links clickable

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Off topic
Authored by: feldegast on Sunday, September 30 2012 @ 10:57 AM EDT
Please make links clickable

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Comes transcribing
Authored by: feldegast on Sunday, September 30 2012 @ 10:58 AM EDT
Thank you for your support

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

two pages previously redacted
Authored by: Anonymous on Sunday, September 30 2012 @ 11:07 AM EDT
Are you going to be able to obtain and post those now? Under a separate post,
or an update to the original?

[ Reply to This | # ]

where is it?
Authored by: Anonymous on Sunday, September 30 2012 @ 11:12 AM EDT
Where can we read the now-not-sealed section of Samsung's JMOL that talked about
voir dire? Do we have to wait for them to file a revised copy of it, or do we
already have that text somewhere?

[ Reply to This | # ]

Who is Susan Estrich?
Authored by: Anonymous on Sunday, September 30 2012 @ 11:48 AM EDT
I remember a Susan Estrich as one of the top brain trust of the Dukakis
campaign. I doubt it is the same person, but I have heard her name crop recently
ion this case.

Who is she and why has her named cropped up?

[ Reply to This | # ]

"Big Data" built upon Google's patents
Authored by: Anonymous on Sunday, September 30 2012 @ 11:51 AM EDT

I would like to put the patent industry into context quickly in one narrow area.

The field of "Big Data" (where I work) is estimated to be a $16.5 billion market by IDC.

What is the Big Data market built upon? Hadoop, which is an implementation based on Google's MapReduce paper, which Google freely published without keeping it to themselves.

Google - as innovators in this field - also filed for a patent for their work. I personally think that that patent was warranted, for it was so far ahead of its time and the Big Data industry would be nothing like what it is today without the MapReduce paper (and the Hadoop implementation).

And Google - being nice guys - gave Hadoop its patent blessing and granted a free license to Hadoop.

And guess who uses Hadoop these days, sometimes in an effort to compete with Google itself?

Well, Microsoft and Apple are certainly at it. Hard to do any Big Data without Hadoop these days.

Its ironic isn't it. Microsoft, Apple and others are building Google-killers by using Google technology that Google gave to the community and that Google won't assert patents for... and don't want to share their own spoils. Isn't that ridicolous and double-standards? Worst behaviour I've seen in the software industry.

I think Google should sue Apple and Microsoft for copying its Big Data ideas and get even. But they likely won't because they're nice guys.

- Software engineer in the Big Data field

[ Reply to This | # ]

Apple v Samsung - What's New? Plus All The Preliminary Injunction Arguments (and I Do Mean All) ~pj
Authored by: Tufty on Sunday, September 30 2012 @ 12:07 PM EDT
I would sooo like Samsung to bring out a non-infringing tablet on Dec 5th then
argue that the whole thing is now irrelevant on the 6th.

---
Linux powered squirrel.

[ Reply to This | # ]

A bit simplistic
Authored by: Anonymous on Sunday, September 30 2012 @ 01:01 PM EDT
Who started the patent smartphones? Microsoft and Apple. Old. And who is their target? Google's Android, which runs on innovative Open Source Linux. New.
From the technology, all are using established operating systems and bring them to a new area. Apple even uses a BSD-derived kernel, so it is not like the starting technology is significantly different, particularly concerning patentable matter.

And Apple did reinvent the company to a large degree and has been betting the whole company on new products. And part of the reason is just that they just put their money down on one horse, Steve Jobs, and it turns out he was worth the risk.

Now Apple is stuck in the situation that Microsoft has been for decades: business.

Edison stated that genius is 1% inspiration and 99% transpiration, and they are getting rid of the 1% as it is not a well-understood process.

You can't directly influence inspiration, but once you have cast it into patents, you can create business processes from it.

And make no mistake, a successful business model, based on patents or not, can do a lot for fostering research and innovation. The one thing it can't, is substitute for it.

And that's what they don't get into their heads.

[ Reply to This | # ]

Any record of contact between the judiciary and the ProIP (Patent and copyright) groups?
Authored by: Anonymous on Sunday, September 30 2012 @ 01:08 PM EDT
Just thinking aloud...

[ Reply to This | # ]

It doesn't look like she is buying what Samsung is selling, --seals.
Authored by: webster on Sunday, September 30 2012 @ 02:02 PM EDT
.

But Samsung didn't know her position on protecting the jurors, so they had to
"ask" her by filing this motion and showing their concern. They did
not want to risk hostility. They may be happy she denied it and it is all out
there stinking up the verdict..

.

[ Reply to This | # ]

About the redactions and the denial of those motions to seal
Authored by: Tkilgore on Sunday, September 30 2012 @ 02:03 PM EDT
It appears to me that Samsung did not really lose anything when the requests for
sealing were denied.

Samsung was in the position that it has to defend the rights of the jurors to
privacy and also has to defend the right of third parties to the case to keep
their private information private. Samsung could not have done otherwise than to
file as it did.

If the judge in the case insists that all of this material has to be released to
the public, then it has been done by denying Samsung's motions. Samsung is
hardly responsible for the denials and none of affected parties can blame
Samsung. But surely many could and would blame Samsung if Samsung had not
tried.



[ Reply to This | # ]

How many people really want to buy Microsoft Windows?
Authored by: Anonymous on Sunday, September 30 2012 @ 02:56 PM EDT
As for Microsoft, it still thinks we all still want good olde Windows, Windows with a new dress on, but the heart of it is the same old, decades old Windows, so it can run the programs you've used forever.
Microsoft doesn't think that. Microsoft knows that most users would dump them in a heartbeat, if offered a competitive alternative. That's what happened in SmartPhones. With a competitive alternative people choose not to buy Windows Phones.

Without their monopoly advantage, Microsoft is incapable of competing. Using their monopoly they've blocked places like Best Buy and Office Depot from selling Gnu-Linux/Gnu-BSD computers. They've also blocked the computer OEMs from pushing them.

Exactly how limiting the market is good for consumers I'll leave the competition people to explain.

Wayne

http://madhatter.ca

[ Reply to This | # ]

Apple v Samsung - What's New? Plus All The Preliminary Injunction Arguments (and I Do Mean All) ~pj
Authored by: Anonymous on Sunday, September 30 2012 @ 03:35 PM EDT
Who started the patent smartphones? Microsoft and Apple. Old. And who is their target? Google's Android, which runs on innovative Open Source Linux. New.
My feeling is it's more insidious than this and see old and new a different way around. All of the phone manufacturers (Samsung, Motorola, LG, Nokia? etc) were playing fairly nicely with each other. Then the new starts on the (phone) block, Apple and Microsoft came to the picture and didn't want to join in as they had nothing to offer so would have had to pay the full price to each incumbent.

They took different paths - MS in it's Nokia alliance (who incidentally then went and hit up Apple for a big amount) and Apple with it's litigation strategy. Of course at the same time, both were creating as many bogo-patents as they could, to make it appear like they had something to offer in return for the patents they require to do business.

No-one (bar Oracle) seems to have gone after Android directly yet, that's a different story possibly somewhere down the road.

Google, another newcomer to the field did the normal business thing, they bought an incumbent.

Just my spin on it...

[ Reply to This | # ]

Apple v Samsung - What's New? Plus All The Preliminary Injunction Arguments (and I Do Mean All) ~pj
Authored by: Anonymous on Monday, October 01 2012 @ 03:58 AM EDT

“Because a verdict may not be impeached on the basis of the jury's internal deliberations or the manner in which it arrived at its verdict,...

This seems like a pretty high bar for Samsung to beat, unfortunately.

[ Reply to This | # ]

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