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
Corrections | 198 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections
Authored by: bprice on Wednesday, January 02 2013 @ 06:20 AM EST
As needed.

---
--Bill. NAL: question the answers, especially mine.

[ Reply to This | # ]

News Picks Discussion
Authored by: bprice on Wednesday, January 02 2013 @ 06:21 AM EST
Please include the URL from the News-Pick headline.

---
--Bill. NAL: question the answers, especially mine.

[ Reply to This | # ]

Off Topic
Authored by: bprice on Wednesday, January 02 2013 @ 06:22 AM EST
On-topic comments will be penalized; the penalty will be disclosed later.

---
--Bill. NAL: question the answers, especially mine.

[ Reply to This | # ]

Everything Comes Here
Authored by: bprice on Wednesday, January 02 2013 @ 06:23 AM EST
And thanks for participating.

---
--Bill. NAL: question the answers, especially mine.

[ Reply to This | # ]

Motorola and Microsoft Debate the Scope of Google's MPEG-LA License (Seattle) ~pj
Authored by: kuroshima on Wednesday, January 02 2013 @ 08:19 AM EST
Just one question, should the judge force Motorola to offer
Microsoft a license on lower terms than what it's current
licensees are paying, would that not allow the current
licensees to request the same terms, under Motorola's FRAND
obligations? I see Pandora's Box opening...

[ Reply to This | # ]

Motorola and Microsoft Debate the Scope of Google's MPEG-LA License (Seattle) ~pj
Authored by: Anonymous on Wednesday, January 02 2013 @ 11:29 AM EST
Google have proved themselves sharp so this will be
interesting.

---
Silverwave (Not Logged In )

[ Reply to This | # ]

Maybe this has been answered?
Authored by: Anonymous on Wednesday, January 02 2013 @ 03:04 PM EST

"...Honorable James L. Robart, had just ruled that Motorola would have no
right to injunctive relief in the US and Germany..."


How, exactly does a U.S. judge rule that Motorola has no right to injunctive
relief in Germany?

[ Reply to This | # ]

My perspective of what "all patents held to same standard" means: Software Patents go bye bye
Authored by: Anonymous on Wednesday, January 02 2013 @ 03:39 PM EST

If all patents were held to the standard Microsoft is suggesting (and quite possibly a part of the Law agrees with): there would be no software patents!

Software patents explicitly spelled out have - from what I can see - been 100% rejected by the USPTO. As a result, the wording has evolved to "define" (if you want to use that word) the so called "invention" with far less clarity. To obfuscate it (my humble opinion, not a Legal ruling). As one Lawyer authored here an example of how to patent E=MC2 (my para-phrasing from memory):

    A method to identify the amount of energy
    As derived from figuring the mass of the item
    Thereby taken said mass and multiplying it by a sum
    Of which sum consists of the square of the speed of light
    Thereby giving the total amount of energy!
Obfuscation of a concept via the deliberate selection of words to hide the fact that E=MC2 is math!

As Microsoft presents:

The asserted apparatus claims of the patents in suit are invalid as indefinite because the patents do not adequately describe structure
And as a lot* of us Software Developers seem to attest to: The descriptions are insufficient for us experts in the field to decipher to know how to build the so-called "invention". We're given a high level concept and left to run with it in order to build our own version.

It's like outlining the high level concept of a mouse trap and then laying claim to all versions no matter how simple or complex the given mousetrap was. And - to make the analogy fully complete - not actually specifying mouse so as to lay claim not just to all mousetraps, but all forms of trap even the trap to catch an Elephant.


*: I've never seen any studies done to find out what kind of percentage feel that way. It's just the impression from being around like-minded people of which my own experience is that: while those developers that view software patents as ok exist, they are a much smaller percentage. As a result, this is certainly an opinion based on almost non-existent scientific data.

RAS

[ Reply to This | # ]

'a formula to determine what each valid claim should be worth'
Authored by: Ian Al on Thursday, January 03 2013 @ 07:07 AM EST
Why does PJ do this to me? I'm sure that this is exactly what patent pools do,
but it doesn't make any legal sense.

Anyway, in passing, I would like to remind you what patent pools do. They find
an international standard that may or may not include patents, essential to the
implementation of the standard, under a FRAND statement. Then they put out
enquiries for any issued patents that are not essential to make the standard
work, but which lend themselves to extorting money from implementers of world
standards.

In other words, patent pool essential patents are only essential for the
extortion of money from companies that want to implement world standards.

Back to our sheep. The USPTO says 'only one invention per patent'. It should be
the case that the patent is not a receptical for a ragbag of irrelevant claims
just there to provide a basis to sue folk, but should contain just those claims
necessary to make the invention complete.

How can each valid claim have a worth in its own right? How can you infringe on
the actual patented invention if you don't infringe on all of the claims that
comprise the invention? How can an invention be complete and the patent valid
when there are claims essential to the invention definition which are legally
invalid?

Of course, if the patent pool syndicate are talking about the value of a claim
as guns on the litigation table for the purpose of an extortion business plan,
then it all makes sense.

Stop referring to me as 'Mr Angry'! It makes me very... Well, never you mind
what it makes me!

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | # ]

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 )