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back to article Texas judge sends Uniloc packing in Rackspace patent suit

In a rare move, the US District Court for the Eastern District of Texas has granted early dismissal of a patent lawsuit filed by Uniloc against Rackspace, having found that Uniloc's patent described nothing more than a mathematical formula and was therefore invalid. "The early dismissal of this case delivers a clear message that …

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Smart Judge!

Now if others were as smart, including the patent office. The problem is that "prior art" to the patent office is only what is patented, not much else.

We in the computer field, know that LOTS of stuff is known (possibly "novel") but not patented, and been public for over a year.

Reach for that clue stick!

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Re: Smart Judge!

IF that judge were truly smart, he would have awarded legal fees and costs against Uniloc for their bringing this case.

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Mushroom

No-one from that patent troll and their lawyer-mercenary doing the Tyburn jig?

PITY!

I hope that at least they are held to FULL INDEMNIFICATION.

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Coat

Yes, but...

...did it have rounded corners?

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Re: Yes, but...

> ...did it have rounded corners?

Ah, but did they round their corners before or after? wasn't this what the case was about?

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Re: Yes, but...

was the case open or shut when it was rounded?

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"many of the fundamental operations of a computer are pure mathematics and are not patentable subject matter. "

May I suggest that ALL of the fundamental operations of a computer are pure mathematics and are not patentable subject matter.

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Go

Blody hell!

Common sense in a US patent court?

Anyone checked the temperatures downstairs recently?

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Alert

Re: Blody hell!

What's even MORE amazing - common sense in a TEXAS US patent court!

I think I'll go lie down in a darkened room...

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Re: Blody hell!

Well it is nearly April 1st!

Very glad to see common sense here, unfortunately the judge will likely be deported to one of those west coast pinko commie states over this.

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Anonymous Coward

Re: Blody hell!

It's called the law of average. Over so many stupid cases, ONE of them is bound to end up going inteligently, right?

If just by chance I mean.

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Re: Blody hell!

As a Californian, I would be glad to welcome him.

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Re: ...deported to one of those west coast pinko commie states over this.

OR Gitmo!!!!!

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Is Chief Judge Davis new to that post...?

...Because CLEARLY he doesn't know how the system works down in that neck of the woods!

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Patent 01

The Onion - America's finest news source - reported some years ago that Microsoft had patented zeros and ones.

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Paris Hilton

Re: Patent 01

The Apple rectangle patent is real though =) USD670286S1 makes me rofl every time I see it, which happens often to remind myself never to buy an Apple device.

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Big Brother

Prior art?

"Uniloc's patent describes a process where you round the numbers first and then do the arithmetic."

So back to 2 + 2 = 5

(For high-enough values of 2 and low-enough values of 5)

<-- Because 1984 where O'Brien has Winston where he wants him.

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Indemnification

"Rackspace was defended in the suit by Red Hat, which offers its customers indemnification against intellectual property claims under its Open Source Assurance program."

Notice that "offering indemnification" is something that Google doesn't do for its partners. In spite of the fact that Google is a gazillion times bigger than Red Hat.

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Anonymous Coward

Re: Indemnification

"Notice that "offering indemnification" is something that Google doesn't do for its partners"

Hardly surprising considering that they are well aware that Android contained IP from Oracle, Microsoft, Nokia, etc.

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Re: Indemnification

Nobody has ever been taken to court for using vanilla android. Oracle tried with Google and failed.

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Pint

I'm gobsmacked (which is really hard for someone on this side of the pond)

Lemme get this straight:

  • A judge
  • in Texas
  • hearing a patent case
  • based on US patent law
  • used his head, and
  • did the right thing

???

Wow! Just plain wow!

I definitely need a beer!

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Um.....

"Uniloc's patent describes a process where you round the numbers first and then do the arithmetic"

Doing that in solar system simulations has planets flying wildly - space:1999 style - in short order.

That notwithstanding, you'd be surprised how many astrophysicists attempt to do things in that order and wonder why the results don't look like real life.

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Devil

The trolls should be

Hung from the top of a tall Christmas tree by their most treasured dangly bits.

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Re: The trolls should be

But first, subject them to the BOFH's cattle prod a few hundred times!!!!!

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