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Authored by: myNym on Sunday, December 23 2012 @ 07:11 PM EST |
Please change the title to highlight the correction, perhaps
like so:
Kerrecshun -> Correction[ Reply to This | # ]
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Authored by: myNym on Sunday, December 23 2012 @ 07:14 PM EST |
And please put the link to the Newspick in your comment, so
that people may find them after they scroll off the main
screen.
HTML mode to clickify the link would also be helpful.
Thanks![ Reply to This | # ]
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- Android iPhone In Brazil - Authored by: lnuss on Sunday, December 23 2012 @ 07:19 PM EST
- The Apple vs Samsung Verdict, A Critique - Authored by: myNym on Sunday, December 23 2012 @ 07:36 PM EST
- Genetically Monetized Food - Authored by: Anonymous on Monday, December 24 2012 @ 07:10 PM EST
- Gun huggers: Deport Piers Morgan - Authored by: Anonymous on Tuesday, December 25 2012 @ 03:40 AM EST
- Rebuilding the Web We Lost - Authored by: Anonymous on Tuesday, December 25 2012 @ 06:03 AM EST
- $45 tablets already for sale, but not yet in the US - Authored by: IMANAL_TOO on Tuesday, December 25 2012 @ 08:48 AM EST
- Experimenting with Your Privacy - Authored by: Anonymous on Tuesday, December 25 2012 @ 01:39 PM EST
- Tablet as Teacher - Authored by: Anonymous on Tuesday, December 25 2012 @ 02:53 PM EST
- Glenn Hubbard, Leading Academic and Mitt Romney Advisor, Took $1200 an Hour - Authored by: Anonymous on Tuesday, December 25 2012 @ 07:42 PM EST
- Gun permits in your neighborhood, all mapped - Authored by: Anonymous on Wednesday, December 26 2012 @ 07:09 AM EST
- Randi Zuckerberg - Dan Lyons takes a swipe - Authored by: Anonymous on Wednesday, December 26 2012 @ 08:06 PM EST
- News Pick University wins record $1.17 billion verdict against Marvell Semiconductor - Authored by: dio gratia on Thursday, December 27 2012 @ 01:40 AM EST
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Authored by: Anonymous on Sunday, December 23 2012 @ 07:16 PM EST |
Are these the same ones that couldn't tell the difference between an iphone 4s
which was current at the time and galaxy S3?[ Reply to This | # ]
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Authored by: myNym on Sunday, December 23 2012 @ 07:17 PM EST |
Anything of general interest to Groklaw, but not pertaining
to the current article, and not including Newspicks nor Comes
transcripts go here, please.
And please, do pay attention to the "Important Stuff" below
your comment block. Thanks![ Reply to This | # ]
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- A monopoly isn't enough, you have to be able to use it. - Authored by: SilverWave on Sunday, December 23 2012 @ 08:10 PM EST
- The 2012 ABA Journal Blawg 100 still shows ? for total votes who won. - Authored by: Anonymous on Sunday, December 23 2012 @ 10:12 PM EST
- A cure for gun violence? - Authored by: Anonymous on Monday, December 24 2012 @ 03:09 AM EST
- A cure for gun violence? - Authored by: myNym on Monday, December 24 2012 @ 03:40 AM EST
- Nor have I - Authored by: Anonymous on Monday, December 24 2012 @ 06:16 AM EST
- A cure for gun violence? - Authored by: Anonymous on Monday, December 24 2012 @ 07:35 AM EST
- Gun Control - Authored by: alisonken1 on Monday, December 24 2012 @ 11:02 AM EST
- Gun Control - Authored by: Anonymous on Thursday, December 27 2012 @ 12:24 AM EST
- to prohibit, forbit and aggressively control - Authored by: YurtGuppy on Monday, December 24 2012 @ 07:53 AM EST
- 192 million firearms owned by Americans - Wrong, over 300 million. - Authored by: Anonymous on Monday, December 24 2012 @ 08:12 AM EST
- A cure for fear? - Authored by: davecb on Monday, December 24 2012 @ 09:16 AM EST
- He suggests treating symptoms - Authored by: artp on Monday, December 24 2012 @ 01:21 PM EST
- Here's another one - Authored by: JamesK on Monday, December 24 2012 @ 02:12 PM EST
- A medium term cure...NRA leads the culture... - Authored by: Anonymous on Monday, December 24 2012 @ 02:24 PM EST
- Advertise NRA membership - Authored by: Anonymous on Monday, December 24 2012 @ 10:00 PM EST
- How an Assistant Principal With a Gun Stopped a School Shooter - Authored by: Anonymous on Monday, December 24 2012 @ 10:56 PM EST
- A cure for gun violence? - Authored by: albert on Tuesday, December 25 2012 @ 12:13 PM EST
- It's easy, refuse to be terrorized - Authored by: marcosdumay on Tuesday, December 25 2012 @ 07:59 PM EST
- A really Good Article on this topic and some points - Authored by: Anonymous on Wednesday, December 26 2012 @ 04:04 PM EST
- A rarely discussed statistic, murder by government - Authored by: Anonymous on Thursday, December 27 2012 @ 03:34 PM EST
- Nokia's Symbian & Meego sales increase at expense of Windows Phone 8 - Authored by: Anonymous on Monday, December 24 2012 @ 06:07 AM EST
- God Jul - Authored by: Anonymous on Monday, December 24 2012 @ 07:07 AM EST
- Soo cool: spacex- reusable-grasshopper-rocket-test-flight-video - Authored by: SilverWave on Monday, December 24 2012 @ 11:36 AM EST
- Why Windows 8 started and failed for me - Authored by: Anonymous on Monday, December 24 2012 @ 11:39 AM EST
- Sansung suing Apple over Notification - Authored by: Charles888 on Monday, December 24 2012 @ 02:08 PM EST
- The market speaks: Microsoft is a dinosaur - Authored by: SpaceLifeForm on Monday, December 24 2012 @ 02:10 PM EST
- Apparently, gun lovers don't believe in freedom of speech - Authored by: JamesK on Monday, December 24 2012 @ 02:20 PM EST
- Apparently, gun lovers don't believe in freedom of speech - Authored by: Anonymous on Monday, December 24 2012 @ 03:48 PM EST
- The same applies to those that love software patents - Authored by: SpaceLifeForm on Monday, December 24 2012 @ 03:49 PM EST
- Apparently, gun lovers don't believe in freedom of speech - Authored by: Anonymous on Monday, December 24 2012 @ 06:25 PM EST
- Apparently, gun lovers don't believe in freedom of speech - Authored by: Anonymous on Monday, December 24 2012 @ 07:41 PM EST
- Apparently, gun lovers don't believe in freedom of speech - Authored by: TerryC on Tuesday, December 25 2012 @ 05:09 AM EST
- Please refrain from classifying my beliefs without even knowing me - Authored by: celtic_hackr on Tuesday, December 25 2012 @ 03:16 PM EST
- leap-motion-gesture-controls. Wow... does this work with Linux? - Authored by: SilverWave on Monday, December 24 2012 @ 06:39 PM EST
- Christmas Presents - Authored by: Anonymous on Monday, December 24 2012 @ 09:32 PM EST
- A place for the gun happy to be useful? - Authored by: Anonymous on Monday, December 24 2012 @ 10:26 PM EST
- Gun stuff - Authored by: nsomos on Tuesday, December 25 2012 @ 01:07 AM EST
- Google Apps Challenging Microsoft in Business - Authored by: Gringo_ on Tuesday, December 25 2012 @ 09:20 PM EST
- Raspberry Pi and Windoze...... - Authored by: tiger99 on Wednesday, December 26 2012 @ 11:35 AM EST
- Linux Tablets - Authored by: Anonymous on Wednesday, December 26 2012 @ 01:43 PM EST
- Chip maker Marvell smacked with $1.17 billion patent verdict - Authored by: Anonymous on Wednesday, December 26 2012 @ 08:23 PM EST
- WIndows 8 UI - Authored by: UncleVom on Wednesday, December 26 2012 @ 08:30 PM EST
- Price Waterhouse Coopers sued in Iceland for Landsbanki failure - Authored by: Anonymous on Wednesday, December 26 2012 @ 09:14 PM EST
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Authored by: myNym on Sunday, December 23 2012 @ 07:20 PM EST |
Thanks to those tireless souls that keep plugging away at the
transcripts! Many many thanks!
[ Reply to This | # ]
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Authored by: Anonymous on Sunday, December 23 2012 @ 07:30 PM EST |
:) [ Reply to This | # ]
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Authored by: Anonymous on Sunday, December 23 2012 @ 09:54 PM EST |
So, Apple has a expert witness testify as to an estimate of the premium value
that a customer would be willing to pay for a set of phone features which may or
not be protected by Apple's patents, and the expert ignores the fact that the
features are already available for a cheaper price.
And that the jury is being asked to just accept his numbers with any attempt (by
Apple) at explaining the methods used to estimate the price-premium. These
numbers sound like that they are guess-estimated. (He used a computer program,
sawtooth, so they must be correct, GIGO).
Where do I apply for a job like Dr. Hauser's?
Seriously, is there any sort of appeal process for throwing this guy's numbers
(his testimony about the value of the infringement) out the window?[ Reply to This | # ]
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Authored by: Anonymous on Sunday, December 23 2012 @ 10:06 PM EST |
I would suggest that cross examination should always ask the expert directly.
"In your expert opinion is this a strong and defendable patent?"
Because if the patent is later invalidated the whole expert testimony can be
tipped on that. Or at least the expert can be sunk in any future cases.
"Cross can then drop into the how much were you paid?" thing to
discount the opinioned answer o the above.
[ Reply to This | # ]
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- Ah, no - Authored by: Anonymous on Sunday, December 23 2012 @ 10:49 PM EST
- Ah, no - Authored by: Anonymous on Monday, December 24 2012 @ 12:21 AM EST
- Ah, no - Authored by: Anonymous on Monday, December 24 2012 @ 12:37 AM EST
- Ah, no - Authored by: Anonymous on Monday, December 24 2012 @ 04:37 AM EST
- Cross - Authored by: PJ on Monday, December 24 2012 @ 01:47 AM EST
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Authored by: rsteinmetz70112 on Monday, December 24 2012 @ 12:55 AM EST |
Having served as an expert in a few cases I am offended by the implication that
all "experts" will say anything for pay while lawyers collecting far
higher fees are beyond reproach. When was the last time a lawyer had his hourly
rate discussed in open court? In my experience lawyers are usually paid about
50% more than their experts.
If an expert spent a thousand hours analyzing the facts, how is that
disproportionate to the lawyers spending tens of thousands of hours arguing
minor legal points for the sole purpose of obfuscating the truth?
I have facilitated a number of settlements by telling the lawyer that their
client was full of it. I have defended a number of people who were subjected to
allegations that an independent review of the actual facts (not the facts as
alleged by the lawyers or one of the parties) were in their favor.
I have also encountered a number of lawyers willing to say anything, including
obvious falsehoods to win judgment.
It has always been my understanding that a lawyer had to have a "good
faith" basis to believe that the "facts" he was putting forward
some basis in reality. I'm afraid that in many cases I have observed that is not
true.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
[ Reply to This | # ]
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Authored by: Anonymous on Monday, December 24 2012 @ 01:08 AM EST |
PJ welcomes our Samsung Overlords
Bc a world without Apple leaves very little competition for Samsung or
Android.
A world without competiton gets us Windows Vista. What would Android
become if it dominated and there was no iOS, blackberry, or windows
phone 8?
Thanks for playing[ Reply to This | # ]
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Authored by: Anonymous on Monday, December 24 2012 @ 03:42 AM EST |
Re: "Here is the day's transcript, as text, although I must
caution you that I tried all kinds of ways to get it from
all caps to normal text, and some of my attempts made things
worse, and I'm still cleaning it up."
Have you tried using EditPad Pro? It has several options
for that, the simplest being converting whatever text into
all lower case. The problem there being that you then need
to capitalize the first word, but (the computer I'm on right
now doesn't have it) I think there's an option for
capitalizing the first word in a sentence.
Very appreciative of what you're doing by the way!
LHS[ Reply to This | # ]
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- Capitalize - Authored by: Anonymous on Tuesday, December 25 2012 @ 01:11 PM EST
- Capitalize - Authored by: PJ on Tuesday, December 25 2012 @ 10:52 PM EST
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Authored by: Ian Al on Monday, December 24 2012 @ 08:12 AM EST |
A: First of all, I analyzed the devices themselves, trying them out
in the different applications, seeing which applications might
infringe.
And then I -- in some cases, I also looked at the source
code to confirm that the behavior was actually as was being seen on the screen
for the accused devices.
Q: And what source code did you look at,
sir?
A: I looked at four representative versions of source code,
representative of the different phones, four of the different phones; that is,
the Samsung version of the Android 2.1, Samsung version Android 2.2, 2.3, and
3.1 source code...
Q: Did you encounter any differences between the
various versions of the Samsung source code that you looked at with reference to
the '381 patent?
A: With regards to the functionality of the '381
patent, I did not identify any logical inconsistencies at all. They were
essentially the same as it pertained to the functionality of the
patent.
Q: Now, does the iPhone implement claim 19 of
the '381 patent?
A: Yes, it does.
Q: And how do you know
that?
A: I investigated the different iPhone devices and tried the
functionality on the different devices.
I also looked at the iPhone
source code to understand how it's implemented.
Q: So let's look at
27.7, Mr. Lee.
A: So this is a video of the functionality being
showed in the photos application on the iPhone 3GS. This is the actual iPhone,
the actual person doing the functionality.
(Whereupon, a videotape
was played in open court off the record.)
THE WITNESS: As you can
see, you move to the right, you get to the edge, it shows beyond the edge, and
then it bounces back.
My emphasis. So, you can see what the
patented invention is. 'You just have to look at what an iPhone does. That's our
patented invention.'
A: If, indeed, that is the hold still
behavior. and I still have an open question as to what's actually happening at
the end of that video with the finger tapping.
But if, indeed, the
finger has left the screen and it's holding still, that hold still behavior does
not meet claim 19. But I'll note that the Vibrant, most of the time, does meet
claim 19 in the gallery application, because if you use it as you normally
would, it will bounce, and I'm happy to show that to you now and show it to the
jury if you show me the phone.
Q: Have you reviewed the source code
for the hold still routine for the Vibrant phone?
A: I have not looked
at source code for the non -- for any functionality that has nothing to do with
claim 19.
Q: Have you looked at any of the hold still source code for
any of the phones that are accused of infringement?
A: I may have
encountered it, but I don't recall analyzing it in detail.
Q: Now, you
understand that there's hold still behavior for many Samsung phones that are
accused of infringement; right?
A: There appears to be, at least
according to Samsung, similar hold still behavior only in the gallery
application for some, but not all, of the 21 accused devices, and only in the
gallery application.
The two... thingies that are being scrolled
are in the gallery application and the contacts application. I make a leap of
speculation, here, and guess that the gallery application displays one or more
pictures created on the display by applying several algorithms sequentially to
the binary signs in a file (PolR explains that the 'ones' and 'noughts' in the
file are not symbols because they don't symbolise anything to a human being).
I guess the contacts application displays the results of a contact
database query which produces one or more filtered records along with labels for
the displayed data.
The transcript does not make it clear what the
scrolling thingies are, so let's have a bit of a look at the
patent.
Abstract:
At least certain embodiments of the
present disclosure include an environment with user interface software
interacting with a software application. A method for operating through an
application programming interface (API) in this environment includes
transferring a set bounce call. The method further includes selling an least one
of maximum and minimum bounce values. The set bounce call causes a bounce ofa
scrolled region in an opposite direction of a scroll based on a region past an
edge oflhe scrolled region being visible in a display region at the end of the
scroll.
The Claims:
1. A machine implemented method for
scrolling on a touch-sensitive display of a [smartphone or touchpad with
multi-fingered gesture detection]...
15 [smartphone or touchpad with
multi-fingered gesture detection]
16. The apparatus as in claim 15,
further comprising: means for rubberbanding a scrolling region displayed within
the window by a predetermined maximum displacement when the scrolling region
exceeds a window edge based on the scroll.
17. The apparatus as in
claim 15, further comprising; means for attaching scroll indicators to a content
edge of the window.
18. The apparatus as in claim 15. further
comprising; means for attaching scroll indicators to the window
edge.
19. The apparatus as in claim l5, wherein determining whether the
event object invokes a scroll or gesture operation is based on receiving a drag
user input for a certain time period.
You will notice that I did
not waste any time giving the full text. The terms in the claims are meaningless
unless you have a smartphone or touchpad with multitouch gestures. Further, this
has all the specificity of the Microsoft OOXML OSI standard. All of the terms
used are 'what the Apple iPhone does'. They are only meaningful if you are fully
aware of how smartphones are used.
Note what claim 1. says. It is a
machine implemented method for scrolling on a touch-sensitive display of
a [smartphone or touchpad with multi-fingered gesture detection]... sorry about
that - I get so bored typing this rubbish. So, how do you implement a gesture or
a scroll on a smartphone? If you were not a smartphone geek and a coder, would
that mean anything to you? I will show, later, that the patent is not on the
code or the hardware: it is on the method. The method functionality in the
patent is not technology of any kind.
To paraphrase Bilski, it is an
abstract method idea limited to the particular technological environment of a
smartphone or touchpad computer with a touchscreen and the ability to detect and
respond to multi-finger gestures. So, quite limited, then!
Moving on,
since claims means prizes, let's do claims. Can you see any souce code or APIs
forming part of the claims. Are the claims functions actually software claims
functions? The abstract is hand-waving. It is saying that it wants to monopolise
what software writers do when they code for applications that run on smartphones
and touchtablets.
Further, it is saying that it wants to monopolise
certain APIs that can be used by the software writer. The claims fail to do
this. They are abstract functionality which is implemented by one skilled in the
software arts as described by Funar v. GE.
Repeating part of my quote,
above;THE WITNESS: As you can see, you move to the right, you get
to the edge, it shows beyond the edge, and then it bounces
back.
Read the claims, including the (apparently apposite) Claim
19. What do you get to the edge of? What is it that you move to the right? What
are the window edges called for in the claims? Do the gallery application
and the contacts application appear in their own windows? If they don't, do they
fail to infringe on claim 19.
As the claims are not claims about
software code, why is source code required to determine whether claim 19 has
been infringed?
A good few of you are software writing experts. If you
did not know how smartphones were commonly used and had never coded for one,
would you be able to read the source code for one of the accused devices (let
alone all of them) and determine whether the text that resulted in the
executable code would infringe on any part of any of the claims? Given the full
source code, would you be limited to reading the comments and hoping that your
interpretation was what the claims claimed?
As software writing experts
you will be impressed by the skill of the software coders that implemented these
swipes, scrolls and gestures. The patent is not on the software skills required
as made clear by Funar v. GE. It is on the method.
U.S.C.
ยง101:Whoever invents or discovers any new and useful process,
machine, manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent therefor, subject to the conditions and
requirements of this title.
Putting aside the skill of writing the
software, what in claim 19 is new and what is it that makes it useful? How novel
an invention can it be when subtle changes render it un-infringed? 'But if,
indeed, the finger has left the screen and it's holding still, that hold still
behavior does not meet claim 19.'
This is like the Oracle patents. It
uses phrases that software coders would recognises as part of the art of writing
software. Software coders might see the patent as a very clever bit of coding
that should be protected. However, the patent is not about software: it is about
the invention of waving your fingers on or near a touch sensitive display. Don't
let all those helpful software flow charts in the patent disclosures mislead
you. This is an attempt at a monopoly on handwaving... finger
wiping.
--- Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | # ]
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Authored by: Anonymous on Tuesday, December 25 2012 @ 01:19 AM EST |
Reading the expert testimony makes me think the experts were coached to
give the most obfuscated and obtuse answers possible as a tactic to run up
Samsung's time. Is that possible or legal? You're supposed to tell the whole
truth and nothing but the truth but that doesn't seem to be what they do.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, December 25 2012 @ 04:20 AM EST |
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