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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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How ironic | 154 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Would any of the patents Apple is wielding survive?
Authored by: Anonymous on Sunday, August 19 2012 @ 09:13 AM EDT
This is very very useful. I am already busy with it so watch this space.

Question is: Would any of the patents Apple is wielding against Android survive?

[ Reply to This | # ]

Corrections in this thread please
Authored by: nsomos on Sunday, August 19 2012 @ 09:31 AM EDT
Please post corrections in this thread.
Summaries in the title may be helpful.

Thanks

[ Reply to This | # ]

News Picks Threads
Authored by: bugstomper on Sunday, August 19 2012 @ 09:35 AM EDT
Please type the title of the News Picks article in the Title box of your
comment, and include the link to the article in HTML Formatted mode for the
convenience of the readers after the article has scrolled off the News Picks
sidebar.

Hint: Avoid a Geeklog bug that posts some links broken by putting a space on
either side of the text of the link, as in

<a href="http://example.com/foo"> See the spaces? </a>

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Sunday, August 19 2012 @ 09:41 AM EDT
Please stay off topic in these threads. Use HTML Formatted mode to make your
links nice and clickable.

[ Reply to This | # ]

Comes transcripts here
Authored by: bugstomper on Sunday, August 19 2012 @ 10:34 AM EDT
Please post your transcriptions of Comes exhibits here with full HTML markup but posted in Plain Old Text mode so PJ can copy and paste it

See the Comes Tracking Page to find and claim PDF files that still need to be transcribed.

[ Reply to This | # ]

Claims as plain text
Authored by: bugstomper on Sunday, August 19 2012 @ 10:53 AM EDT
PJ said, "would it be possible to set it up so the claims in the various
patents are available as plain text? It would greatly help to be able to copy
and paste them"

When I look at patents in Google Patents, the claims are in text and I can copy
and paste them. This is in both Firefox and Chrome without any special
extensions. For example, when I go to this link for US Patent 5,999,908 which I
go to by searching for 5,999,908 in the Google Patent search:

http://www.google.com/patents?id=uNsYAAAAEBAJ

Do you see the claims as an image or as text there?

[ Reply to This | # ]

it should filter out patents already cited
Authored by: Anonymous on Sunday, August 19 2012 @ 12:29 PM EDT

Interesting, but it needs some fine tuning. I found that it sometimes includes in the results patents that were cited in the application, and so have already been considered and found by the examiner not to be invalidating prior art.

[ Reply to This | # ]

Patent office and judicial lawmaking
Authored by: Anonymous on Sunday, August 19 2012 @ 01:34 PM EDT
"Lots of things are obvious after the fact, but that doesn't count."

Ya. Round corners are only obvious after the fact.

This "lots of things are obvious after the fact" is a get out of jail
free card for companies that want to patent obvious stuff. The corrupt
officials at the patent office and the corrupt judges on the CAFC can use this
to dismiss any claim of obviousness, no matter how silly.

The whole business of patents is corrupt and evil.

[ Reply to This | # ]

How ironic
Authored by: Tufty on Sunday, August 19 2012 @ 02:12 PM EDT
If Oracle are using Google's search tool.

As for obviousness, most patents we seem to be covering here fall flat on their
faces on this one.

---
Linux powered squirrel.

[ Reply to This | # ]

Trying Out Google's New Patent Search Tool: The Prior Art Finder ~pj
Authored by: Anonymous on Sunday, August 19 2012 @ 02:21 PM EDT
"According to the Court, the laws of nature, physical
phenomena, and abstract ideas are not patentable. The
relevant distinction between patentable and unpatentable
subject matter is between products of nature, living or not,
and human-made."

So, patents on human genes should be all disallowed, right?
After all, they are products of nature... Now that we can
construct our own genes, I'd grant that is another thing
entirely, maybe.

[ Reply to This | # ]

Trying Out Google's New Patent Search Tool: The Prior Art Finder ~pj
Authored by: Anonymous on Sunday, August 19 2012 @ 02:28 PM EDT
"A person of ordinary skill in the art is also a person of
ordinary creativity, not an automaton."

What about a person of extra-ordinary skill in the art? What
if the "invention" is obvious to them? How do you define
"ordinary skill in the art" anyway?

I am considered by my peers as a person of more than
ordinary skill in the art of computer software engineering -
I even have a patent to prove it, and after using the Google
patent search tool to verify it, no one else has come close
to what I got the patent for, at least before I got the
patent. Unfortunately, I am only the (sole) inventor, not
the owner, of the patent, and the owner hasn't seen fit to
sue others for violating their patent rights (Microsoft and
Oracle primarily). So, what is obvious to me, may not be
obvious to most software developers / engineers.

[ Reply to This | # ]

ordinary person
Authored by: Anonymous on Sunday, August 19 2012 @ 04:05 PM EDT
> You have to supply the reason *why* you believe it is, and how you qualify
as an ordinary person skilled in the art.

So who's gonna stand up and say, hey, I'm an ordinary person, nothing genius
about me? Especially in a high interest public case :)

[ Reply to This | # ]

Rounded corners are not only obvious, but blatantly trivial
Authored by: IMANAL_TOO on Sunday, August 19 2012 @ 11:52 PM EDT
Rounded corners are not only obvious, but trivial. They have been implemented as
a standard feature in major vector drawing programs for many years. Here some
examples:

Inkscape (02-01-2007)
http://web.archive.org/web/20070102234025/http://tavmjong.free.fr/INKSCAPE/MANUA
L/html/Shapes-Rectangles.html

Adobe Illustrator (06-06-2003)
http://board.flashkit.com/board/showthread.php%3ft=460192

AutoCAD (17-06-2006)
http://www.cadtutor.net/forum/showthread.php%3f8574-Rounding-edges


Who could say anything but that it is blatantly trivial using one of the most
obvious function in a graphics package if you design something...

The functions did not arrive because they got inspired by that telephone of
Apple, the functions were there long before... The mentally retarded aren't born
that way because their parents saw a telephone designed by Apple; there are
other causes than Apple in the world.



---
______
IMANAL


.

[ Reply to This | # ]

An anonymous poster pointed this out just above here
Authored by: pem on Monday, August 20 2012 @ 10:39 AM EDT
CREDIT CARDS are rounded rectangles.

It would be absolutely GREAT, during closing arguments, for a Samsung attorney
to whip out his wallet and explain how difficult life would be if you had to
line up your credit card really carefully every time you put it back in the
wallet, and if it kept pricking your fingers every time you pulled it out.

[ Reply to This | # ]

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