On July 1, Patently-O released its new job site: Patent Law Jobs by Patently-O. The site already has thirteen new job postings that have been viewed by several thousand patent law prospects.
As usual with Patently-O, function predates style. We have job opportunities and patent professionals who need jobs. In the coming days, we’ll be working on a prettier design.
Hopefully, we can serve as a match-maker for each of these potential employers.
If you need patent help, please forward this info to your recruiting coordinator!
Notes:
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Patent Law Jobs: www.patentlyo.com/jobs
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Job Submissions: Post a patent law job
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E-mail me comments (dcrouch@gmail.com)
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Job postings are also going-out on the news wires via Google news. (not guaranteed…)
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New job offers can always be found in the right sidebar on Patently-O. New jobs will also be included in the Patently-O e-mail service.
Reposted:”Because the ARM core design and the chips based on that core are intended to be used in a wide variety of products, they often contain optional functionality not utilized nor enabled by every manufacturer.”A great way of putting it. And of course, all you have to do is opt to instruct it to enable that functionality and you’re good to go. The machine itself always had that functionality.”However, the Jazelle hardware on the accused devices cannot perform the functionality described in Nazomi’s asserted claims without software known as Jazelle Technology Enabling Kit (“JTEKâ€).”I think he means that they will not perform that functionality without being instructed to do so by appropriate instructions, one example of which is JTEK.”In July 2012 Western and Sling filed a motion for summary judgment contending that the claims should be construed to require that the device perform the claimed functions itself,”Hah! Apparently they’re unfamiliar with the the ridiculousness routinely adopted at the Fed Circ! And they’re also apparently unaware that if the claims were so construed, they would likely be invalid under 101/112 since they are apparatus claims. Mixing in method steps into your apparatus claims is bad news!”and that the accused products did not infringe the asserted claims because they included the Jazelle hardware but not the necessary JTEK software”Hah hah! Like all “faux logic” employed at the Fed. Circ. eventually it comes back to bite you in the ar se!”In opposing summary judgment, Nazomi argued that asserted claims 48 and 74 of the ’362 patent and claims 1 and 5 of the ’436 patent cover any generic hardware that “could process stack-based instructions regardless of whether the device ever actually does so.”â€Of course! So the “thought” goes at any rate!”, and construed the asserted claims to require a hardware and software combination capable of processing both register-based and stack-based instructions.”Haha!”The court concluded that without the enabling JTEK software, Jazelle hardware cannot process stack-based instructions at all.”HAHAHAHAHAHAHAHAHA! Unless of course you decided to instruct it yourself with some instructions that aren’t Jazelle!I love watching courts defend their house of cards! It’s hilarious!”For example, the italicized portions of claim 48 below recite specific claim functionalities that cannot be practiced in hardware alone and require enabling software:”Not really, you could just instruct it yourself if you wanted to. Especially in an embodiment that was specifically set up to recognize voice commands or whatever other instructions you wished to provide.”Since hardware cannot meet these limitations in the absence of enabling software,”A nice factual finding the DC and CAFC is making with zero evidence. And which they’re about to fold into their claim construction, which is supposedly a pure matter of lawl.”Further, the need for the specified functionality is confirmed by the ’362 patent specification”Reading limitations into a claim from the specification is now “confirmation” of a claim construction? HAHAHAHAHAHAHAHA!”For example, in Intel Corporation v. U.S. International Trade Commission, the claims only required“programmable selection means,†and the accused product infringed because it could be programmed to perform the infringing use. 946 F.2d 821, 832 (Fed.Cir. 1991). We held that the “programmable†claim language required only that the accused product could be programmed to perform the claimed functionality.””HAHAAHAHAAHAHAHAHAHAH! Guess they messed up their drafting eh? Yeah right! Defend that house of cards!”In contrast, Nazomi has not claimed an apparatus with hardware “pro grammable†to process stack-based instructions, it has claimed a combination of hardware and software capable of performing that function.”Though they obviously didn’t mean to be claiming that. Surely they want both!”Here, in contrast, the claims do not cover hardware that contemplates an environment where it could be combined with software,”Although they obviously wanted that from the get go. Just look at how the claims are drafted!”However, Nazomi points out that we have held that “an apparatus claim directed to a computer that is claimed in functional terms is nonetheless infringed so long as the product is designed in such a way as to enable the user of that [product] to utilize the function without having to modify the product.â€Obviously!”The purchase and installation of theJTEK software clearly constitutes a “modification†of theaccused products.”Just as instructing it in everyday English would were the embodiment capable of understanding English instructions straight up! /boggle.” There, Typhoon made the same argument that Nazomi does here, that the accused devices infringe if they “ha[ve] the capability of being configured or programmed to perform the stated function,†even though the accused devices were not structured to perform that stated function as sold. “Because that is obviously what they were intending to claim! Someone really needs to come out and claim that straight up in easy to read English make an easy to read claim that is construable in such a way to explain the situation to the court.”Here, the structure (i.e., JTEK software) necessary to enable Jazelle hardware to process stack-based instructions (i.e., Java bytecodes) is not only inactive, it is not even present on the accused products. “HAHAHAHAAHAHAAHAHAAHA!”The installation of JTEK software is not unlocking exist-ing functionality, but adding new functionality not currently present.”DOUBLE, NAY TRIPLE HAHAAHAHAHAHAHAHAHAHAH!Keep it up CAFC, one of these days this is going on up! The slow wheels of government will churn slowly to life!
That claptrap was definitely not worth reposting 6..But this is worth a double repeat, Malcolm’s quite obvious Accuse-Others-Of-That-Which-He-Does:.Worth repeating this post from another thread:Malcolm: “All you are doing is sticking your head in the sand and pretending that basic facts don’t exist”Me: LOL – beyond ironyMalcolm: “What kind of a person does that? A dishonest one. A person who can’t handle the truth. A coward.”Me: In other words, Malcolm.First principles first, Malcolm – before you even get to any patent whatsoever – answer the very very very simple questions that you keep running from. Let’s not see any of the cowardly dissembling and distraction.
My stent has six coatings, including a peppermint flavored one for extra freshness.
stents are totally the place to be
Unless of course those stents start having hardware and software…link to foxnews.com…Then the anti-software patent ‘belief’ system of 6’s will kick in.
My stent is programmed to operate my garage door, thermostat and dishwasher.
Clearly, not your ‘old box’ stent there…
My stent is programmable to operate my garage door, thermostat and diswasher
lol
“Then the anti-software patent ‘belief’ system of 6’s will kick in”You can still make a lot of money selling them.
Wow. That purchase looks like a pretty good deal now.
Indeed.One wonders whether the reason for the acquisition in the first place was to acquire the patents?
Yes, one does. I don’t know this industry well enough to say, but I do know that Medtronics is involved in a lot of patent litigation, on both sides, so it wouldn’t surprise me that the purchase was driven by the patents.
Without the patents, there is very little to buy in a medical device start-up that cannot be taken by a competitor. FDA approval counts for something, some know-how for manufacturing might count, and some headway in the market helps. But as you can see, Medtronic can get those other things for itself. So I would think that the patents were the major (or only) reason for the acquisition, but they probably added a few dollars to the price tag for incidentals.
It’s things like this that give me the willies about all things patent-related. It’s obvious-after-reading-and-thinking, to me (engineer/scientist, not a lawyer, someone who merely invents, but not someone who writes or interprets patents), that claim 48 is describing a polyglot cpu where the ISAs understood including at least one with a stack and at least one with a register file, and that the stack implementation has traps to handle both under and over flow (not unlike the the Sparc instruction set, though its instructions were register oriented, not stack oriented; for stack-oriented instructions, they are apparently thinking of something like Forth, Postscript, or Java bytecodes).That there would be a mode bit, perhaps under the control of software, or that there would be software involved in general, is obvious to the point of DUH. (What do we do with these CPUs, except run software? A few have worked better as space heaters, but they are fortunately the exception.) I do see that my definition of obviousness is at odds with the legal standard, and that is the entire cause of my discomfort. This is a legal theory (“he didn’t say software!”) at odds with the reality of engineers (“of course there is software, that’s obvious”), and it is a peculiar property of legal theories (unlike most scientifiic theories) that they can persist at odds with reality apparently indefinitely. It is very hard for an engineer to remember this in his day-to-day life. “Obviousness” generally requires only a few examples to prove, and if something looks that obvious to me and obvious to my peers, then it is obvious, we’re done. (This is not a case of a cranky engineer reading the abstract and thinking that someone re-patented the wheel; this is the claims, after all.)In other words, which hat am I supposed to be wearing? “Blank slate”, or “skilled in the art”?This says nothing about my opinion of the patent itself — depending upon when it was filed, it certainly looks more like a “well, if you asked me to do it, that’s what I’d do, but I never thought to do that before” patent, than a “lots of people wanted to solve this problem, it was hard, I found a way” patent. There are surely some annoying details regarding the intermapping of the register sets (are they views of the same register set? Are they separate register sets? Is one “register” set emulated and really in memory? is there a switch to a register-ISA when traps occur, or is there a second stack for “trap mode”?) and that is where things would get interesting.
Trying to follow this.Jason: this is not a case where the software component already resided on the hardware and could be unlocked versus:Jason: ARM also designed its processors so that unused functionality would remain dormant unless activated Also this …Jason: this is not a case … where the claims recited programable software that also resided on the hardwareversusJason: the claims required both hardware and softwareMaybe it seems more confusing than it actually is because everyone knows that hardware is “equivalent” to software. Or so I was told.
…or maybe it is ‘so confusing’ because you are trying so very hard not to understand.Here, confusing the equivalency of software and hardware with wanting the two to be exact – and exact in the given fact pattern – no such exactness has ever been the point of equivalency in the manner that you are so desperately trying to portray.How soon are you going to run away from the simple questions that lie at the heart of this issue, Malcolm? How soon are we ‘treated’ to one of your vacuous *clicks* or *Kenneths* or some such equally nonsensical non-answers?
My take on this case is that it was hack job by the Fed. Cir. What a surprise with Lourie.
Night, do you understand the Jazelle hardware involved here? If you do, you might explain it to us because frankly, I do not understand where the hardware ends and the software begins in this case.
Still trying too hard not to understand the case, Ned.
No anon, I don’t know all that much about Jazelle. The opinion was a bit vague as well.
There is nothing vague at all Ned about the opinion and how it mirrors the Grand Hall experiment – and how I have explained what that experiment means to you on these pages.Do you really need me to hold your hand one more time?
Anon, what is not clear is what does the JTEK software do? Does it configure the Jazelle hardware, does it enable it, and if it configures it, how? It is loaded into ROM or if not, where? None of that is clear from he case. All we know is that “enablement†seems excluded.
Do you realize Ned that your questions are immaterial to the point at hand?Take a baby step first.Look at the case from a First Principles point of view before you attempt to confuse yourself with any of your forced technical viewpoints.
Anon, OK, I’ll listen to you for a moment. Just how could the patentee have claimed the invention to cover the Jazelle hardware that was shipped in accused devices?Sent from Windows Mail
Ned,You want to talk about the wrong thing (still).Go back and review the Grand Hall experiment (you know, the challenge that you never seemed to want to take concerning the initial presentation of two new machines, each machine without any software, and then adding software to only one machine, and then asking if you have changed the machine and have a new machine)
Anon, I take it that you agree with the opinion. More than that, I take that you agree that the defendants must sell its hardware with the software permanently installed to infringe?
(sigh)Once again with the extra insertion of “permanently installed”Why the gamesmanship Ned?Further, the point is clearly not whether I agree with the decision, and much more so if you understand the logic of the decision.Do you? Do you understand the logic of the decision?Add: the silence is deafening.
Just like he did. Only the courts pulled the rug out from under them.
It’s fairly simple Ned, they made some special hardware (Jazelle) in a processor to help handle java virtual machines faster iirc. They used some software to run this extra special hardware in their processor. They named that software JTEK or similar iirc. Though you could make your own custom software to do the same thing. Edit: or, as you point out, some extra custom hardware.I note that the reason you’re having a hard time understanding the case, and also why the Federal Circuit had a hard time with the construction, is because the PTO did not require proper drawings of the supposed structure that is supposedly claimed.
LOL- the ‘proper drawings’ claptrap merry-go-round again, eh 6?
no such exactness has ever been the point of equivalencyYou don’t say. LOL!
? Not sure the LOL at the fact that “equivalent” is not the same as “exactly the same.” Leopold once tried to puff that smoke screen. Did not work for him either.
You really need to get help, anon. Seriously.
The following is friendly advice, anon, and it’s free.Whatever the merits of MM’s posts, it is worth noting that MM, like most regulars here, doesn’t feel compelled to mention you or other commenters in the majority of his posts, and especially not in exchanges that don’t involve those other commenters. He also doesn’t refer back to real or imaginary past slights in such a way that demonstrates a weird and pathological inability to get over ANYTHING. I’m reasonably confident that if you printed out a couple dozen of the “conversations” that you engage in here and provided them to a licensed mental health counselor, he or she would at the very least counsel you to find a healthier way to exorcise those unquiet spirits that seem to be lurking in you.Peace be with you.
Malcolm routinely involves the names of people who don’t even post herePresident Reagan called. He’s fine with it.
lulz
Acknowledge the valid counterpoints made and integrate those points in any ensuing discussion on the merits…. and in that distant solar system is a planet called Earth, which revolves around the Sun.
Oh come on LB. MM insults and baits everyone.
No he does not.MM may disagree with you, but he explains his position and reasoning if pressed. He is the best at this on this board.I think MM becomes disrespectfully only if you are first disrespectfully to him. Regardless, MM does not bash me, nor 6, nor IANAE, nor MaxDrei, nor that I can recall LB or anyone else that posts here and makes serious comments.
Oh Ned please. That post was good for a belly laugh. So, you think I don’t make serious comments? Or that MM has not bashed me? Give me a break. MM misrepresents, evades, bashes, threatens, and is generally extremely unpleasant to deal with. And, please note, that I have asked him many times to not respond to my posts which seems to have the opposite affect. But, I agree with anon that the biggest problem is the refusal to deal in a linear manner with issues.
Night, all I know is that MM and I have had serious and extended discussions on various points. He makes arguments. He does not attack me personally. Now if he attacks you personally, you might ask yourself why? I think I know why, but you tell me if you might.
Maybe you should ask yourself the reverse question.
Night, as I said, MM and I disagree on numbers of issues, but he and I do not insult each other. I think that is because we explain our positions and listen to each other’s arguments.
So, you think that means that it is all other people’s fault that MM name calls?
I think it takes two people willing to bash each other. On that point, MM has never even tried to attack me personally or question my motives and we have been posting here for years. Can you say the same thing about yourself when talking about me? I daresay, you have accused me of being a paid troll or something similar. But, to your credit, you haven’t done that in quite awhile.
Is it not rational to assume in an environment with paid posters that anyone may be a paid poster?
“but he explains his position and reasoning if pressed. He is the best at this on this board.”That is not even close to being remotely accurate.Ned, are you on drugs?(add: and NWPA, Ned suffers horribly from group-thinkitis. Do you remember the time that he compared 6 to Einstein only because 6 said something that agrees with Ned’s world view?Some nice dust-kicking by Ned – notice how the focus is moved from the case at hand?Still no answer from Ned as to whether or not he understand the logic being used in the case – emphasis added – the merry-go-round of CRP-run away from valid counterpoint and repeat the very same CRP again later is in play)
“Ned suffers horribly from group-thinkitis”Said a member of the software patent religious right.Come on anon, we’re all in differing groups on differing issues.
Unfortunately 6, the groups that Ned and you belong to impact your ability to reason, and even to understand the basics of law and fact.Witness the immediate case. LOL, as I recall you were the only regular to even try the Grand Hall experiment. You failed miserably, but hey, at least you tried. The other anti-software patent fanatics won’t even try – they just turn tail and run away.
“Witness the immediate case. LOL, as I recall you were the only regular to even try the Grand Hall experiment. You failed miserably, but hey, at least you tried. The other anti-software patent fanatics won’t even try – they just turn tail and run away.”Because it isn’t an experiment and is rather just you blabbing.
Is that why you failed miserably?LOL – Try again 6.(and 6, the form of the Grand Hall experiment is a classic experiment form. Your ‘belief’ system is [once again] getting in the way of your understanding)LOL – you tried the experiment and FAILED. Now trying to diss the experiment is only MORE FAIL.As for ‘blabbing’ – try reading the immediate case, my friend – the judges here get that ‘blabbing’ perfectly fine. Hmmm, why do you not? Hmmm, why is Malcolm and Ned and all the other anti’s so silent on the merits of this decision?LOL’s all around.
“and 6, the form of the Grand Hall experiment is a classic experiment form.”Delusional person blabbing is a classic experiment “form”? I mean, okay, if you insist. But it isn’t very legit.
“Regardless, MM does not bash me, nor 6, nor IANAE, nor MaxDrei, nor that I can recall LB or anyone else that posts here and makes serious comments.”Indeed, and I pissed him off quite a bit the other month.
Hey, the best part about free advice is that you don’t need to feel compelled to take it. Shalom.
By the way, you used Malcolm’s name 4 times in that one comment. That can’t be good for you.
Oh how I wish that I did not have reason to use that name…(but you know, that legal realism thing keeps prodding the disingenuous like Malcolm to carry on his crusades)
” I’m reasonably confident that if you printed out a couple dozen of the “conversations” that you engage in here and provided them to a licensed mental health counselor, he or she would at the very least counsel you to find a healthier way to exorcise those unquiet spirits that seem to be lurking in you.”To say the least.
Lulz!
Oh so here’s a word, “exact” or “exactness” that I’d be interested to know what you mean by.
any thoughts how (in hindsight) the claim should have been written?
Configured to would have saved the claim.
In the absence of software, isn’t it arguable that the Jazelle component is “configured to” not do anything? Isn’t the JTEK package what configures the Jazelle component?
I don’t think so. “an execution unit and associated register file, the execution unit configured to execute instructions of a plurality of instruction sets, including a stack based and a register-based instruction set;”So, the execution unit can do both. Doesn’t say how to select which it does. Just that it is configured to do both.
Unless I missed something, the claims here weren’t invalidated.
OK the infringement.
Not so sure about that. Would the processor be configured to … without without JTEK installed?
Interesting that those on this board that want to make a distinction between hardware and software don’t see how this case illustrates there isn’t really a distinction at all.
on top of that, this is a perfect illustration of the Grand Hall experiment.(add: not sure how any reasonable person could even dream of downvoting this post…)
How does a case “illustrate” that? I think you mean delusional thinking displayed by some judges is “illustrating that in a fantasy world of some judges trying to hold their house of cards together”.
lulz lulz lulz
Left, I think the main problem was that the claims were not really directed to hardware in the first place, but were described in terms of how the hardware operated — which is very much a characteristic of programming.I think the patentee could have described the hardware structure of their stack instruction to general purpose register execution unit. Whether the ARM processors had the same hardware is a separate question. This might be an example of two different inventors arriving at two different ways of accomplishing the same result. If one limits the claims to the “way,” there is no infringement. Thus one claims the result regardless of the way.Method claims would have done the trick nicely — but they too would have required the end user actually use the virtual machine, which, in this case, they did not.