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Comment Re:A Simple Solution (Score 1) 54

I still maintain that in addition to the dismissal of such a frivolous case should be the removal of one finger of all those who brought it. That would send the right kind of message.

Except that we don't know if it's a frivolous case yet. Why not? Because the complaint didn't give the defendants fair notice of which of their products allegedly infringed the patents in question. I agree that it's probably a dogshit case, but statements like yours are just plain ignorant. If it truly is a frivolous (i.e., completely unfounded, baseless or fraudulent) lawsuit, then Brother Paul will end up having to pay the other side's attorney fees as well as possibly additional sanctions. Make no mistake about it, courts are very well-equipped to deal with truly frivolous cases.

Comment Re:"Dictates of Twombly and Iqbal" (Score 1) 54

It was deliberate... it caused the defendants to burn time and money.

Wrong.

Under Federal Rule of Civil Procedure 8(a)(2), a complaint is only required to have "a short and plain statement of the claim showing that the pleader is entitled to relief." Prior to 2007, this had been interpreted by the U.S. Supreme Court to mean that the complaint would only fail if, on its face, the pleader could prove no set of facts that would entitle him to relief.

In 2007, the Supreme Court tightened up these standards in the two cases Judge Pechman referenced in her ruling. Now, to comply with Rule 8, a pleader must allege enough specific facts in support of his claim so that relief is more than speculative. In other words, "Staples, you infringed my patent, you bastards!" no longer cuts the mustard.

Prior to 2007, though, the type of boilerplate pleading that Paul Allen's lawyers submitted was just fine. They continued to get away with it until, as now, someone decided to call them out on it. The suggestion probably came from a summer associate who mentioned, "argue Twombly and Iqbal" in passing to his boss.

Just doing my part to correct some of the rampant legal illiteracy on /.

Comment Re:Naysayers be damned, a few more christmases (Score 1) 241

The boy is already dead, don't you get it? Sure, he's breathing, but he's almost certainly in diapers and is most likely being fed through a tube. If your idiotic religion says that preserving this kind of "life" will help you get closer to your nonexistent god through suffering, fine. This boy, however, is being tortured in the name of said idiotic religion and probably has no say in the matter. That is wrong and this doctor should have his licence pulled.

Comment Not unless . . . (Score 1) 241

Having such a disease renders the boy ineligible for a heart transplant . . .

your name happens to be Mickey Mantle, eh?

Remember that? He got a new liver after he nearly drank himself to death. Normally a transplant committee wouldn't even open the file in such a circumstance, but money talks.

Comment Certain death? (Score 1) 241

caused by the Duchenne MD? Yes. Now this poor boy will have to live another 25 years locked in a body he has no control over. I'm sorry, but that's not life, hell, that's not even existence. That sounds more like, well, Hell.

Having such a disease renders the boy ineligible for a heart transplant, meaning almost certain death without an alternative solution.

Well, duh.

Dr. Amodeo found such an alternative in the form of a 90-gram, fully-robotic heart that took 10 hours to fit inside the boy's left ventricle. It is a permanent solution offering as much as 25 years of life and is powered by a battery worn as a belt."

What could POSSIBLY go wrong, eh?

This being very Catholic Italy, I have my suspicions that this whole exercise is being undertaken out of some perverse familial desire to keep the boy alive long enough for him to sire a male offspring, a la the case of the Boy in the Bubble.

Comment Re:Can You Say 'Pro Se'? (Score 1) 360

Also from the court documents:

Ms. Kanae was present at the hearing on this motion and admitted that she had assisted Mr. Smallwood in the preparation of his filing . . . Although she was not prepared to represent Mr. Smallwood at the hearing and argue on his behalf, Ms. Kanae has now appeared in this action, and the Court is confident that she will sign all future pleadings that she prepares (as she properly did for Plaintiff's Second Supplemental Mem.).

He's not pro se, in other words. He's represented by counsel.

You are correct, though, that as a pro se, he would have gotten creamed. The judge initially dismissed his complaint sua sponte for failure to properly allege federal jurisdiction. No way is this guy a lawyer.

Comment Piffle (Score 1) 178

What other jobs? We're talking here about a country with near double-digit reported unemployment (the real rate is probably a lot closer to 25%) and whose largest employer is Wal-Mart. Exactly where are these guys going to find work at all, much less any that will make them prematurely jump ship?

I suppose they could be prison guards. That's about the only growth industry left in America nowadays.

Comment Re:Lying for what? (Score 1) 1088

Actually, busting through the ice is hazardous to your launch mission, since you have to make a SHIT-TON of noise before you can ever open your missile hatches.

Correct me if I'm wrong, but wouldn't those birds be landing over LA, NYC, and DC while you were still deciding what to do about the mysterious noise you heard in the Arctic?

Comment Re:LINUX rounds numbers fine (Score 1) 764

Call it fanboyism, but I do not think Linux is such a terrible operating system that it would see no use whatsoever, or practically so.

Hmm, let's see here . . .

In this corner: Spend a weekend recompiling my kernel two dozen times to get some piece of hardware to work the way it's supposed to.

In this corner: Plug it in and it does what the hell I need it to do, no kernel recompiles required, thus allowing me to spend the rest of my time doing other things I enjoy.

If you think I'm trolling, no less an authority than JWZ agrees.

I agree, Linux is a great operating system, but even as far as it has come, it's still not ready to be a full-time desktop OS that could replace Windows, much less Mac.

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