Mood:

Now Playing: Digging a Hole - Frat rats can't graduate so they try to gnaw their way out (children's story)
Topic: Growth Charts
From March 17, 2000:
http://www.townsend.com/resource/publication.asp?o=4350
Typically, after a "Markman" hearing, the successful party will file a motion for summary judgment on patent infringement and/or validity, which is granted with increasing frequency. Accordingly, the importance of the "Markman" hearing in patent litigation cases cannot be overstated.
(more at URL)
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Quite interesting one of Microsoft's patents for new software modeling concepts cites VCSY's patent 6826744 as prior art.
The Markman Hearing (described by the article in 2000) set in place a means by which the court (not a jury) is able to decide the matters of language at issue in a patent.
The patent language is quite clear AND the current unveiling of advanced capabilities by IBM and Adobe demonstrates just how radically different even a small, marginal application of the patent concepts can have large over-arching consequences and impact on the use of software to advance productivity.
The Markman Hearing coming up will decide whether the language in the patent puts the advantage in VCSY's corner or in Microsoft's corner.
If Microsoft felt strongly enough they could win based on the language contentions, they would have already filed a request to re-examine the VCSY patents.
Microsoft just lost an important re-examination effort ( http://uk.reuters.com/article/technology-media-telco-SP/idUKN2033736120080521 ) against another small company MSFT is trying to crush by continuous litigation and pressure.
Instead, MSFT uses the "illegal application" claims they hope will step beyond the Markman Hearing and buy them time to the trial in March 2009.
Big gamble. Especially when the Markman Hearing could bring a summary judgement against MSFT.
And, as for "obviousness", why weren't the kinds of concepts described by the VCSY patent in 1999 more easily developed by the software industry? Shoots the "obvious" position right in the head, doesn't it? Especially when Microsoft, who's had every opportunity to show just how "obvious" the 6826744 patent is, has not been able to use those concepts in public since the 744 patent was granted in November 2004... the period that began Microsoft long slow slide into irrelevance on the web.
From http://en.wikipedia.org/wiki/KSR_v._Teleflex#Obviousness
Wiki on KSR v. Teleflex
"One of the ways in which a patent's subject matter can be proved obvious is by noting that there existed at the time of invention a known problem for which there was an obvious solution encompassed by the patent's claims."[3]
[3] Syllabus and Opinion of the Court, 2007-04-30
http://www.supremecourtus.gov/opinions/06pdf/04-1350.pdf
(just wanted you folks to have the real thing instead of "interpretation")
Did there exist at the time of invention a known problem?
Yes indeed. The world has needed a mechanism by which they may be able to handle content, format and functionality without regard for the platform those items have been created by and without confinement to those platforms when attempting to combine those three bodies of software facility.
What was the time of invention? 1999. Nine years ago. Folks "skilled in the art" have had nine years to work things out.
Was there was an obvious solution? LOL Do any of you see something back then that can do what the patent claims?
I mean REALLY "encompassed by the patent's claims"?
Read 6826744
http://www.google.com/patents?vid=USPAT6826744
A central claim is in the abstract.
'A system and method for generating computer applications in an arbitrary object framework."
In other words, building computer applications using ANY code body or fragment from ANY platform in combination with ANY other code body or fragment from any platform to build applications which will run on ANY platforms.
Based on information from the claims construction briefs, Microsoft is attempting to limit the meaning of the word "arbitrary" because they know the ability to build software using ANY combination of code/platform would have been a paramount industrial desire during the dotcom days all the way to current. IBM Jazz is the only framework, in fact, that is claiming to do just that. Microsoft wants the word "arbitrary" to mean something vastly different than "ANY state from ANY state".
Microsoft won't have a chance to experience Web 2.0 unless it pays up to use patent 744. The entire computing world, including Open Source, will have to pay up to use that billion dollar patent and only Vertical Computer System has it. 744 has a lock on XML, something that Vertical was smart enough to predict back in 1999.
Anyone who's listened to me for the last 8 years will become RICH beyond their wildest dreams, once Vertical comes out of "stealth" mode and Wade really lets the stock take off!