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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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unobtrusive, distracting | 258 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Allen v. World - The Fight Over Claim Construction
Authored by: Anonymous on Tuesday, October 30 2012 @ 04:33 PM EDT
The real question is how did this ever get a patent in the first place?

[ Reply to This | Parent | # ]

unobtrusive, distracting
Authored by: Anonymous on Tuesday, October 30 2012 @ 04:48 PM EDT
From the defendant's filing:
'no guidance or any objective criteria that would allow one of ordinary skill in
the art to determine whether a particular image is displayed in an “unobtrusive
manner” or whether it “does not distract a user.”'

This 'unobtrusive' thing does cover a lot of ground. The defendants can get
testimony from an expert (obviously an evil socialist lefty) to say that *all*
advertisements are obtrusive, distracting, and even irritating.

If Interval wins this case, they will advance a claim that the patent covers any
advertising that does not elicit an epileptic fit, or at least waves of
debilitating nausea; as long as it does not block out the real work on the
screen.

The judge, of course, will see that the defendants have the extremist position
and rule against them.

--

Bondfire

"you are at Disneyland and ...

'Oh! Look! A souvenir stand.'
--or--
'Oh! Look! They want me to pay gobs of money to do their advertising for
them.'"

[ Reply to This | Parent | # ]

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