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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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Apple's Pinch to Zoom Patent Preliminarily Invalidated by USPTO ~pj | 222 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Apple's Pinch to Zoom Patent Preliminarily Invalidated by USPTO ~pj
Authored by: Anonymous on Thursday, December 20 2012 @ 09:45 AM EST
Maybe - it would depend on the settlement terms.

[ Reply to This | Parent | # ]

A better question
Authored by: Anonymous on Thursday, December 20 2012 @ 10:44 AM EST
How did the Patent Office grant it in the first place? If it's invalid now it
was so then. One must question due diligence here>

[ Reply to This | Parent | # ]

Apple's Pinch to Zoom Patent Preliminarily Invalidated by USPTO ~pj
Authored by: Anonymous on Friday, December 21 2012 @ 03:21 PM EST
It is unlikely but as suggested, would depend on the nature of the agreement.
Generally speaking it would be a contract of forbearance to sue. Under contract

law consideration is required from both parties in order for the contract to be

valid. I am uncertain if it is identical in the US to how it works in Canada
but
here if a claim upon which the lawsuit would be based in invalid it would be
ruled
that consideration does not exist and therefore the payment from Samsung
would not be enforceable.

[ Reply to This | Parent | # ]

Apple's Pinch to Zoom Patent Preliminarily Invalidated by USPTO ~pj
Authored by: Anonymous on Monday, December 31 2012 @ 06:17 AM EST
that a file is available on a pacrtiular computer and you start a download,
there is no guarantee that the file was only received from that source. This
means you need every packet received, not just a printout of them.4th, you need
an evidence trace showing the difference in timestamps between the media sentry
computers and the ISP at the time of the download.5th, you need a log of when,
and how often the dynamic address was assigned and for how long in the time
frame in question and for several hours before and after. Any of the people
that were assigned the address could have been on kazaa instead.6th, a list of
all files that were seeded on the kazaa network by Media Safe. It could be that
the files indicated are not real copies, but media safe trash copies.------The
issue is, you need to get their expert to admit that there is no way of really
telling what computer was connected, nor what user was on it. Additionally,
there are worms and other viruses that used the kazaa network. michael

[ Reply to This | Parent | # ]

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