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Language Language includes "damn," "my God," and "Jesus Christ" as an exclamation. Likelihood of Success Given its finding above, there was no need for the Court to go on and consider the likelihood of success factor. But they did anyway. And found another reason to chuck out the injunction. Claim 6 required "a plurality of modules The district court found that the term "plurality" means "at least two," or "simply the state of being plural.
Does it mean "each of at least two modules"? Or does it mean "each of every module"? It's quite an important distinction. Apple argued that the claim limitation is satisfied as long as the Quick Search Box QSB contains at least two modules that use different heuristic algorithms.
Apple pointed to three heuristic modules within the QSB that use different heuristic algorithms. These are Google which searches the internet, Browser which searches the Internet browsing history, and People which searches the user's contacts list. Samsung argued that claim 6 requires every heuristic module within the accused device use a unique heuristic algorithm. Some of those other search modules might share the same heuristic algorithm.
The district court agreed with Apple that the claim wording means "each of at least two modules". It didn't agree on the Google module, but agreed that the modules Browser and People each use different heuristic algorithms. The Federal Circuit didn't like that construction. The district court, said the Federal Circuit, has construed "plurality" to mean "at least two" without any indication that the term refers to a hand-picked selection of a larger set.
The plain language of the claim, the patent specification, and the prosecution history all point to a claim construction where each of every module within the claimed apparatus must use a different heuristic algorithm. Apple couldn't show that it was likely to succeed in its infringement claim, therefore providing another reason for the Federal Circuit to chuck out the injunction. A preliminary injunction would have presented Apple with an easy win over Samsung. It would have been a bit hard for Samsung to compete with Apple if Samsung could not sell its Galaxy Nexus at all.
Apple has some hard graft ahead of it if it still wants to challenge Samsung's use of the Quick Search Box. S under Creative Commons licence. Labels: CAFC , patent. Thursday, October 11, Alice and the Abstract Idea. Does the presence of a computer in a claim make an unpatentable "abstract idea" a patentable invention?
Should it matter that a computer-implemented invention is claimed as a method, system, or storage medium? Is there any real difference between these types of claims? These are the questions that the United States Court of Appeals for the Federal Circuit is going to be considering over the next 12 months.
Alice Corp. On appeal the Federal Circuit panel reversed, concluding that the system, method, and media claims are directed to practical applications of patent eligible subject matter. The Federal Circuit has asked the parties to file new briefs addressing my opening questions. Other briefs of amici curiae may be filed without consent of the parties or leave of the court. I guess it's time to study Alice Through the Looking-Glass. I wonder what we will find there? Legislative intervention Back in New Zealand we await the next chapter of our own fairy tale.
Parliament resumes its Sitting Programme next week after a two week recess. I cover the Second Reading in an earlier post Patent party in the House. The Bill contains an exclusion for computer programs, added in response to submissions received from the open source movement. There doesn't appear to be a problem in New Zealand with the current Patents Act and the jurisprudence around it. The exclusion seems to be a preemptive strike against a harm that might eventuate.
It is possible that there may be a patent troll under every bridge unless our lawmakers intervene. Just ask Alice. She found that anything is possible in Wonderland. The exclusion, as set out in a Government Supplementary Order Paper , reads as follows: 10A Computer programs 1 A computer program is not an invention for the purposes of this Act.
There is still the Committee of the whole House stage and the Third Reading ahead of us. We are getting there slowly. But at least we are getting there. Photo courtesy of author Elena Kalis under Creative Commons licence. Wednesday, October 10, ATI - the new kid on the science block.
It's funny how some people will always find something to argue about even when they agree with each other. The subject of the argument this time was the new kid on the block, the Advanced Technology Institute. According to the Explanatory note, the Bill: 'establishes a new statutory Crown entity, the Advanced Technology Institute ATI , with the purpose of supporting businesses, primarily in the manufacturing sector and services sector, to improve their competitiveness and growth through science and technology-based innovation and its commercialisation'.
The intention is to help get New Zealand's best ideas out of the lab and into the marketplace more quickly. Kiwis are apparently great at coming up with smart ideas but we need to get better at translating those ideas into commercially successful products. These include food and beverage manufacturing, agritechnologies, digital technologies, health technologies, therapeutics and high-value wood products.
Despite mainly cross-party support for setting up the Advanced Technology Institute, the opposition parties still found something to complain about. The proposed Board members are not scientists. The funding model is wrong. The brief is too wide. The implementation timeframe is too short. And so on and so forth. The Bill was eventually read a first time following a party vote. It was referred to the Education and Science Committee for public submissions. Select Committee submissions Last week stakeholders put forward written submissions to the Education and Science Committee.
BusinessNZ noted that businesses tend to do lots of development but not so much research. The ATI has the potential to plug a gap in the innovative sector.
In written submissions BusinessNZ supported the focus of the ATI as being directed by business needs rather than science led. It will be important to get good business talent on the stakeholder advisory group from the various sectors to ensure the continuing relevance of effort and direction.
Clause 14 of the Bill says that the ATI must 'aim to ensure that any activities it undertakes are for the net benefit of New Zealand'. The University of Waikato in written submissions said that the ATI will not achieve a 'net benefit' for New Zealand unless the Board includes representatives from the Waikato and Bay of Plenty regions.
Clause 8 should be amended so that Board member appointments 'reflect geographical representation from across New Zealand where centres of economic growth and potential exist'. The ATI must concentrate on facilitating creative partnerships, according to the University of Auckland's written submissions. The University's experience over the last 20 years is that the majority of its research and innovation for business is driven by the unmet needs of the market.
However, their long-standing commercial research partners always want more than that. The best research and innovation partnerships are multi-directional - market pull and science push. The University sees the ATI as an 'honest broker', introducing interested parties to each other and then leaving them to it. Crown Research Entity Scion submits that New Zealand needs to broaden its innovation base, protect its current economic base and increase the extent to which value is added.
Increasing both volume and value are critical. While Scion supports the objective of supporting science and technology based innovation, the organisation suggests that the ATI adopts a Statement of Core Purpose to achieve "additionality and complementarity" and avoid duplication. The organisation also wants to ensure that the complementary role of the EDA network is recognised and utilised.
Kiwi Innovation Network Limited KiwiNet supports the establishment of the ATI as long as it promotes greater collaboration and does not duplicate existing services. In written submissions the company is concerned that the Bill does not acknowledge that there are other organisations that are already doing good work in the areas in which the ATI will be focussed. The ATI must be built on a core culture of collaboration.
I don't expect there to be too many changes proposed to the Advanced Technology Institute Bill. Most stakeholders are in favour of the new organisation. Of course the ATI's main objective, functions and operating principles will be under the microscope for a while.
You would expect that with any new kid on the block. The key to its success will be attracting an effective board and a good stakeholder advisory group. Photo courtesy of author kpwerker under Creative Commons licence. Sunday, October 7, Bumble bees and business growth. Politicians are like bumble bees, going from flower to flower. He is also acting Minister of Finance although he joked that there was no money left to play with.
The event was a half day conference and networking event with the theme "from Startup to Global". It promised something for everyone - from innovators and entrepreneurs to managers and developers.
It certainly delivered that. There were three concurrent streams of top quality presentations. I didn't have a Time-Turner so could not attend all the sessions. I'll let others comment on the content. There were no surprises in Joyce's speech. It's a tough world economic environment right now. U guys dont see the joke here do you lmao.
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