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Comment Re:Hmm (Score 1) 207

From the Federal Circuit opinion describing the damages calculation: "[H]e first chose an appropriate "benchmark" in order to value Microsoft's use of the claimed invention at the time of the hypothetical negotiation. Wagner chose a product called XMetaL as his benchmark, which had a retail price of $499. To calculate the licensing fee, Wagner multiplied the price of XMetaL ($499) by Microsoft's profit margin (76.6%), based on his assumption that any licensing fee would be a fraction of the profits. Wagner then applied the 25-percent rule to this number, which assumes the inventor will keep 25% of the profits from any infringing sales. This resulted in a baseline royalty rate of $96." So basically take a specialized program that sells for $500, apply Microsoft's entire profit margin to it, and then take 25% of that. The answer to your question is that this is just a number someone made up choosing some arbitrary anchor points to make it sound superficially like "analysis."

Comment Re:Hmm (Score 1) 207

The issue here is more than about infringement or validity. One of the biggest problems in patent law is lack of predictability in how much a valid, infringed patent is actually worth. How much should Microsoft pay? Here, they're being ordered to pay $98 per copy of Word over a little used feature. Now, admittedly, Microsoft isn't appealing that determination due to some technical snafus (also a big controversy). But it's not like this is a meritorious result.

Comment No U.S. presence but lots of sales? (Score 3, Insightful) 89

I hate patent trolls as much as the next guy, but it's a little misleading to complain about being hauled into the U.S. legal system as a foreigner. U.S. patents only have legal effect for U.S. sales. If you sell significant enough quantities to make a patent suit worthwhile in the U.S., you've got a decent U.S. presence. That said, congratulations for beating a troll in East Texas - and before trial no less. Not an easy thing to do.
Software

Submission + - Google testing voice calling in Gmail (cnet.com)

Tootech writes: Google could be ready to turn Gmail into a communications hub by adding the ability to make phone calls from the Google Chat interface.

CNET has learned that Google is testing a Web-based service within Gmail that will allow users to place phone calls from their in-boxes. It's launched from the Google Chat window on the lower left-hand side of a Gmail page and allows users to place and receive calls from within their contacts through a user interface that strongly resembles the one used in Google Voice.

Google has been edging in this direction for some time. Google Talk was released years ago as a VoIP (voice over Internet Protocol) desktop client, and it has also spent a lot of time and money evangelizing Google Voice, a service that transcribes voice mails and allows users to have one phone number that rings multiple phones

Microsoft

Submission + - Microsoft fighting more than 50 patent suits (networkworld.com)

Arguendo writes: Julie Bort at Network World reports that Microsoft's recent annual report says it is currently fighting more than 50 patent infringement suits, "10 of which are set for trial in fiscal year 2010." She speculates that Microsoft may be losing far more in licensing fees than it's gaining. "Other than calling payouts "a cost of doing business" what other option does Microsoft have but to try to collect on intellectual property on the one hand, while paying damages with the other? And if that's the case, will we see a Microsoft that becomes more aggressive to collect on intellectual property? I fear so."

Comment Re:Maybe good... maybe bad (Score 1, Redundant) 282

I recommend you read arstechnica's rebuttal of Steve Jobs's claims.

I want my five minutes back. This editorial is terrible. Jobs made a distinction between proprietary standards for content on the web and proprietary tools to access that content. This editorial completely glosses over that distinction and argues that all proprietary software is bad. Seriously? I'm all for touting the benefits of open source and free software but there's a place for proprietary software as well. If you don't like the iphone's proprietary software, buy another phone. It's not like there aren't plenty of options.

Submission + - Amazon's 1-Click Patent Survives Reexamination (patentlyo.com)

Arguendo writes: Patently-O (via TechFlash.com) helps break the news that Amazon.com's 1-Click Patent has apparently survived reexamination almost completely intact. The Patent Office has issued a Notice of Intent to Issue a Reexamination Certificate, which signals that the reexamination has concluded. Patently-O writes that "the USPTO confirmed the patentability of original claims 6-10 and amended claims 1-5 and 11-26. The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a "shopping cart model." Thus, to infringe the new version of the patent, an eCommerce retailer must use a shopping cart model (presumably non-1-click) alongside of the 1-click version. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical impact on the patent scope."

Comment Re:System incapable of Justice. (Score 1) 253

In California, most defendants have a right to trial within 60 days. (Cal. Penal Code section 1382.) I'm not familiar with the details of this case, but he almost certainly waived his right to a speedy trial so that he could prepare. That's typical for defendants in high stakes cases, especially in highly technical cases or when you have an overworked public defender. You'd rather make sure you can get it right than push for trial and end up spending a lot longer behind bars.

Comment Impressive, but there are even better examples... (Score 1) 149

I can't even come close to replicating these photographs myself, but there are even more incredible examples of amateurs doing amazing space photography with relatively simple equipment. There are a couple of these geniuses in the SF Bay Area. One I'm familiar with is Rogelio Bernal Andreo. He is a fixture at astro sites around the Bay, and his photographs are simply jaw dropping. I believe most of his magic happens on the back end in the digital processing. His set up easily packs into his car.

Check some of these out: http://blog.deepskycolors.com/nebulas.html

Software

Submission + - First Software Patentee Defends Software Patents (patentlyo.com)

Arguendo writes: Martin Goetz, who obtained the first software patent in 1968, has penned a thoughtful defense of software patents for Patently-O. Goetz argues that there is no principled difference between software and hardware patents and that truly patentable software innovations require just as much ingenuity and advancement as any other kind of patentable subject matter. The Supreme Court is of course currently considering whether to change the scope of patentable subject matter in the Bilski case, which we've discussed before.

Comment Re:Lack of perceivable progress. . . (Score 1) 404

I always thought Nintendo had nailed the feeling of getting more powerful while still being challenged in games like Metroid and Zelda by showing players a lot of the level without letting them get to it. Then on your second pass through the world, your new skills/tools allowed to you explore a lot more even while feeling challenged because the creatures were harder to kill. By the time you took your third/fourth pass through the level, you were probably either flying (literally) or could use some kind of other tool to basically go anywhere you wanted to. Definitely gave a sense of leveling up.
Patents

Company Awarded "The Patent For Podcasting" 202

Chris Albrecht writes "VoloMedia announced today that it has been awarded what it called the 'patent for podcasting.' According to the press announcement, patent number 7,568,213, titled 'Method for Providing Episodic Media,' covers: '...the fundamental mechanisms of podcasting, including providing consumer subscription to a show, automatically downloading media to a computer, prioritizing downloads, providing users with status indication, deleting episodes, and synchronizing episodes to a portable media device.'"
Censorship

Submission + - Renter Sued By Landlord For Complaining On Twitter (brainhandles.com) 1

gbulmash writes: "When Amanda Bonnen posted an angry tweet about her moldy apartment, she probably thought she was blowing off steam. But the Sun Times News Group reports her Twitter feed was public, her tweet was indexed, her landlord found it, and they claim it has so damaged their reputation they're suing her for $50,000+ in damages. Looks like another sue-happy company is going to discover the Streisand Effect."
Patents

Submission + - Blackboard Patent Invalidated by Appellate Court (bizjournals.com)

Arguendo writes: A federal appeals court today ruled that Blackboard Inc.'s patent on a learning management system is invalid in light of the inventors' own prior software product. We have previously discussed the patent and Blackboard's trial court victory against Desire2Learn. It's not completely over, but this is almost certainly the death knell for Blackboard's patent. If so inclined, you may read the appellate court's decision here (pdf) or on scribd here.

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