It's hard to better prove "prior art"...
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| Author | Content |
|---|---|
| Bob_Robertson Nov 26, 2013 1:04 PM EDT |
...than to have the inventor of the prior art as a witness. And yet, and yet. I hope somehow that there is an appeal. Either way, call those so-called "representatives", and beg for the abolition of software patents. |
| andrews51 Nov 26, 2013 1:53 PM EDT |
IMHO there are several things that should change with regard to technology patent law and enforcement. However, regardless of how one feels about software patents or just patents in general, this case clearly demonstrates... In tech patent cases, trial by jury is a farce. There are few, if any, collection of "peers" that will randomly be assembled that are also capable of understanding the patent and making an informed decision about the validity of the patent , the defendant's infringement of the patent if valid, and the appropriate value of damages if there is infringement. My solution: Tech patents should be reviewed by panels of judges and/or panels of other technology experts who then advise the panel of judges... the panel of judges should be assembled from districts that do not have a stake in the outcome --- and the panel of technology experts should be interviewed by the judges only with any that have a stake in the outcome dismissed from the panel... |
| JaseP Nov 26, 2013 3:19 PM EDT |
Patent reform should start with eliminating "mail drops" from being allowed to be used as sufficient contacts for venue and jurisdiction. The Eastern District of Texas needs to be wiped out as a patent law forum. Marshall Texas is a small, inbred town that reaps benefits from the trial farces that are held there. It's as bad as the speed trap towns in Virginia and Georgia. |
| gus3 Nov 26, 2013 3:37 PM EDT |
@JaseP: I take exception to your bigoted language. You may disagree with the verdict, but you don't need to use off-topic insults. |
| JaseP Nov 26, 2013 4:03 PM EDT |
Read the NY Times article about the town:
http://www.nytimes.com/2006/09/24/business/24ward.html?_r=0 Particularly, read page 3 of the article where it says: Quoting: Others point to a different reason why plaintiffs may win more often than defendants: plaintiffs, they say, typically hire local Marshall lawyers. Hiring local in Marshall means that you will get a lawyer who not only knows the jurors, but who also probably knows their friends and even personal details like how often they go to church, local lawyers say. My saying it was "inbred" was not an insult, it's fact... Marshall is a town of 23,000 or so people, and ends up deciding patent cases that have international impact... everyone knows each other, and everyone knows that if the patent cases dry up, the town would lose out on the revenue stream... |
| gus3 Nov 26, 2013 4:28 PM EDT |
That is a corrupt jury pool, and an appeal should point this out in paragraph 5. It says nothing about their gene pool. Your insistence on the word says more about you than about anyone else. |
| JaseP Nov 26, 2013 5:12 PM EDT |
Small town, everyone knows each other, little movement of natives in or out of town,... equals a town that is functionally inbred. Sorry, but it's just a fact. I've lived in a town that was about that size (not native to it), and if you look back far enough, a high percentage of the population was related,... and everyone knew everyone else's business too... |
| jdixon Nov 26, 2013 5:50 PM EDT |
> ...equals a town that is functionally inbred. Sorry, but it's just a fact. No, it's not. That's more than large enough for genetic diversity. |
| gus3 Nov 26, 2013 5:59 PM EDT |
23,000 is a "small town"? I guess my town of ~13,000 is "microcosmic" by your standards. Never mind the Asians, Indians, Mexicans, and Eastern Europeans that have showed up in the last 15 years, taking the places of those who fled for "big cities". (And roughly half of those that left are regretting it.) |
| BernardSwiss Nov 26, 2013 8:14 PM EDT |
The term "inbred" can be -- and often is -- used metaphorically, as well as literally. It may often be a somewhat disparaging or even derogatory term, but it is as likely to used to describe the academic politics of a university fine-arts faculty, or group-think of a political party, as it is to be applied to a troublesome problem in animal husbandry or the genetics of corn varietals. |
| BernardSwiss Nov 26, 2013 8:17 PM EDT |
They were AFAICT arguing, that the Lotus Notes and similar prior art was effectively, at that point in time, still "too secret" to invalidate Jones'/TQP's patent. And I could even accept that an honest and diligent jury might have gone with that... except for the fact that the same jury also ignored the part about how Jones' patent -- even if valid -- still wasn't actually being infringed. |
| JaseP Nov 26, 2013 11:20 PM EDT |
Thank you BernardSwiss,... for BOTH comments. This case is certainly appeal fodder. I, for one, am hoping that NewEgg wins BIG... I would also like to see an end to forum shopping for patent cases, which, after all, was my point. |
| notbob Nov 27, 2013 1:22 PM EDT |
> I take exception to your bigoted language. Yet you take no exception to the locals using a phrase like "TBLs ....tall building lawyers". Are you saying this is not terminology exhibiting small town bias against those from large metropolitan centers? I've lived in both small towns and large cities and know from long experience, there is no shortage of "bigoted language" to be found in both. |
| gus3 Nov 27, 2013 4:43 PM EDT |
Strawman argument, notbob. Nobody used that phrase here (until you, just now). I do my best to respond within the same forum. Your attempt to put words in my mouth/keyboard is very transparent. |
| notbob Nov 28, 2013 10:44 AM EDT |
> Your attempt to put words in my mouth/keyboard is very transparent. I made no such attempt. I merely asked a question. You are now claiming you did NOT use the phrase "bigoted language"? My apologies. I did not realize LXer is an outright baldfaced liar. Shame on you, LXer! ....for falsely authoring doubts on the integrity on poor unjustly wronged gus3. ;) |
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