Sunday, November 29, 2015

Coca Cola does "Secret Santa" and "Jolly Reindeer"

The World of Coca-Cola website notes

Throughout December, Coca‑Cola Freestyle in Taste It! will feature two new mixes: Secret Santa and Mistletoe Flow. Sprite Cranberry Zero is also back by popular demand for a third year, offering a refreshing blend of Sprite with its zero-calorie formula and a splash of sweet and tart cranberry notes. Both Sprite Cranberry and Sprite Cranberry Zero will be available in stores for a limited time this holiday season.


Here in Central New Jersey, the freestyle machines have THREE holiday flavors:

Secret Santa
Mistletow Flow


Jolly Reindeer

with the last tasting somewhat like a birch beer.

The display on the freestyle machine does not indicate any of the three names are trademarked.

New York Times discusses drug patent challenges by Kyle Bass

In a somewhat surprising post on 27 November 2015, the New York Times spoke favorably of the efforts by Kyle Bass challenging drug patents using inter partes review:

Still, shedding light on patent missteps, especially given the high drug costs they enable, is a good thing. The efforts by Mr. Bass and Mr. Spangenberg to highlight problematic patents, whatever role they play in promoting their own investments, may also encourage others to make their own challenges.


The NYT post did not mention the challenges by Bass to patents related to multiple sclerosis [MS] drugs, including related to Ampyra and Tecfidera.

For example:

CBS Sunday Morning on November 29, 2015

Charles Osgood on "the empty chair," introducing the Susan Spencer cover story on the 84,000 deemed "missing." Lee Cowan on striking a chord on Utah musicians. Ben Tracey does Sunday Morning Profile on Carey Mulligan. Luke Burbank on Bentonville, Arkansas and the squirrel cook-off. Erin Moriarty on David Remnick
Headlines. Robert Louis Deer in Colorado Springs. Pope Francis in Central African Republic. Deaths blamed on stormy weather. Egypt on King Tut's tomb. Weather: rain, ice, snow.

Fact: In store sales down 10%; online sales up 14.3%

Susan Spencer begins with Andrew Meacham of Tampa on Stuart Fletcher Currin. Fletcher srarted to think FBI after him. Then he fell off the eather, around August 1999. Last seen in Seminole, FL at age 44. Meachem tried to find Fletcher. How does someone fall through the cracks. At any given time, 84,000 people are deemed missing. B.J. Spalmer of NamUs, a database of missing persons. Laws are more geared to finding children. No missing person report ever filed for Fletcher. Nanmus case number 99-1145. Bill Pellan of Seminole County, FL. No family members of Fletcher to obtain DNA. Extract DNA from envelopes seal? Yes. The DNA was a match to a body found in Seminole County. Meachem: you don't just let friends disappear. This case is an example of DNA identification from the saliva used to seal an envelope. [See also June 20, 2015 story at Also:]

Almanac. Nov. 29 1890: first Army-Navy football game. Contest almost died in 1894. Teddy Roosevelt got game back in 1899. Harry Truman came to games. Kennedy in 1962. In 1963, score 21-15, Navy [The 1963 game was played on December 7. Remember Roger Staubach and Rollie Stichweh and the ending: Army’s Ken Waldrop falls 2 yards short of the goal line with 18 seconds left in 1963 Army-Navy game, and the Cadets can’t get off another play in 21-15 loss. ] First instant replay used in the 1963 game. Results to date: Navy 59 wins Army 49.

Fact: Day after Thanksgiving is the busiest day for plumbers.

Luke Burbank on "tale of the squirrel" on cooking squirrel in Bentonville, Arkansas. "It just is. Tree to table." Sustainable use of wild game as table fare. Note: buying or selling wild game meat is illegal. Squirrel sliders. Squirrel bisque. Eating what you hunt, even if it's a rodent. How does squirrel taste? Squirrel desserts, including ice cream. Winner: squirrel empanadas.

Erin Moriarty on David Remnick, 17 years at the New Yorker. He chooses the covers. Satire is about not going far enough. Good humored brainiac. Legendary cartoons. "The New Yorker Festival." Lenin's Tomb. Remnick started at the Washington Post. Married in October 1987; went to Moscow. Hired by Tina Brown. Brown left to form "Talk." Remnick brought stability to the New Yorker. Spirit of collaboration. Wife: the pragmatics of it is in my hands. Week after 9/11, all cartoons removed from the New Yorker.

Paula Pondstone on screen devices. Addiction hampers judgment. Brain retains information better when read from paper than from a screen. Our children will need fully functioning brains for the future.

Text: The tech industry has profited from the "Every child must have a laptop in the classroom" push, but education hasn't. Research shows that the brain retains information better read from paper than from a screen, and students who take notes by hand are more successful on tests than those who type their notes on a computer.


Ben Tracey on Carey Mulligan. Born in London. Saw Kevin Bacon doing a one man show in New York. Mulligan received widespread recognition for her performance in the 2009 film An Education. Far from the Madding Crowd.

Next week on Sunday Morning: Frank Sinatra at 100.

Moment of nature. Moose at Gros Ventre Wilderness in Wyoming. Note Gros Ventre is also known for a landslide: the Gros Ventre landslide occurred on June 23, 1925, following the melt from a heavy snowpack and several weeks of heavy rain. Approximately 50,000,000 cu yd (38,000,000 m3) of primarily sedimentary rock slid down the north face of Sheep Mountain, crossed over the Gros Ventre River and raced up the opposing mountainside a distance of 300 feet (91 m). [from Wikipedia]

***Patent connection for November 29:

With certain exceptions, nonprovisional utility and plant applications for patent filed on or after November 29, 2000 are published promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under title 35, United States Code (eighteen-month publication or pre-grant publication (PGPub)). See 35 U.S.C. 122(b).

Saturday, November 28, 2015

Further on the Chien/Risch WSJ op-ed on small entities dealing with patent trolls

A comment to the PatentlyO post titled Follow-Up: Professor Chien’s More Nuanced Arguments on the Chien/Risch op-ed in the Wall Street Journal [WSJ] notes:

This group is close to saying, yes I trashed the patent system, but it was good for my career. Once I get the full-professorship and the millions in the stock fund, I’ll reevaluate everything.

Unbelievable that people like this are hired by universities.

In his post, Dennis Crouch had stated:

The Chien article particularly addresses the concerns that I had with WSJ essay, which is why I was surprised to see the completely different focus of that WSJ essay. I thought she had also changed course. According to Chien, the emphasis and framing in the WSJ essay were the result of heavy WSJ editing rather than any backtracking from her prior work.

In fact, the abstract of the Chien law review article, discussed in PatentlyO, is not about patent hold-out by small entities attacked by patent trolls, but rather about patent hold-out by large entities attacked by small entities. Whether these are "more nuanced" thoughts remains to be seen.

**Returning to the above-noted comment at PatentlyO (7.1.1), as to opportunistic professors, one notes recent developments
in South Korea:

South Korea is set to indict 200 professors from several of the country’s universities for alleged copyright violations after they republished books by other authors under their own names, the Korea Herald newspaper reported Wednesday.

Professors from 50 universities, as well as four employees of a publishing company, are implicated in the scandal, Korean prosecutors said, with most of them having already confessing their involvement.


The professors’ actions were reportedly done in a bid to boost their academic standing before rehiring-related assessments. The Herald also reported that many of the original authors were also complicit in the scheme for fear of invoking the publishers’ displeasure over future book deals.

link 200 South Korean Professors Charged in Massive Plagiarism Scam

***Separately, as to op-ed policy at the New York Times, from the IPBiz post

New York Times on self-plagiarism

The New York Times does not ordinarily reprint material that has been previously published; Op-Ed contributors are asked to affirm that their work is original, and exclusive to The Times. Had The Times known that portions of the essay were copied from an earlier work, it would not have accepted the essay for publication.

***As to the Chien/Risch matter:

Wednesday, November 25, 2015

CAFC in Straight Path IP Group addresses the meaning of the word "is"

The CAFC wrote of the Straight Path PTAB decision:

Straight Path IP Group, Inc. owns U.S. Patent No.
6,108,704, entitled “Point-to-Point Internet Protocol,”
which describes certain protocols for establishing communication
links through a network. On a petition for inter
partes review filed by Sipnet EU S.R.O., the Patent Trial
and Appeal Board cancelled claims 1–7 and 32–42 of the
’704 patent based on determinations of anticipation and
obviousness. Sipnet EU S.R.O. v. Straight Path IP Group,
Inc., IPR 2013-246, 2014 WL 5144564 (PTAB Oct. 9,
2014). We now reject a claim construction on which the
Board relied for its decision. We reverse the Board decision,
and we remand for further proceedings under the
correct construction.


As to the meaning of the word "is" -->

The Board said nothing that either recognizes or disputes
the plain present-tense meaning of the claim language
on its face.
Indeed, the Board’s construction—
“active and on-line at registration,” Sipnet, 2014 WL
5144564, at *4 (emphasis added)—implicitly recognizes
that being online is a status that can change over time:
having the status “at registration” is having it at a particular
time. The query required by the claim language asks
if the callee “is” online, which is a question about the
status at the time of the query.
But the Board did not
address the facially clear meaning, instead turning immediately
to the specification.

Sipnet does much the same thing. Sipnet repeatedly
recognizes and stresses the difference between “past
online status” and “current online status,” the latter being
“opposed to the past status at registration.” Sipnet Br. at
21 (emphases in original); see id. at 8–9. Yet Sipnet offers
no argument that, as a matter of plain meaning, the claim
language “is” calls for anything but present-status information.
Nor does it point to anything in other claim
language that contradicts that plain meaning. Like the
Board, Sipnet relies entirely on the specification.
When claim language has as plain a meaning on an
issue as the language does here, leaving no genuine
uncertainties on interpretive questions relevant to the
case, it is particularly difficult to conclude that the specification
reasonably supports a different meaning. The
specification plays a more limited role than in the common
situation where claim terms are uncertain in meaning
in relevant respects. T

A claim:

Claim 1 of the ’704 patent is representative of the asserted
1. A computer program product for use with a
computer system, the computer system executing
a first process and operatively connectable to a
second process and a server over a computer network,
the computer program product comprising:
a computer usable medium having program
code embodied in the medium, the program
code comprising:
program code for transmitting to the server a
network protocol address received by the
first process following connection to the
computer network;
program code for transmitting, to the server,
a query as to whether the second process is
connected to computer network;
program code for receiving a network protocol
address of the second process from the server,
when the second process is connected to
the computer network; and
program code, responsive to the network protocol
address of the second process, for establishing
a point-to-point communication
link between the first process and the second
process over the computer network.

Not "computer implemented" but a computer program product!

link to case:

Note also:

One final point about this claim-construction issue:
Sipnet suggests in various ways that the specification
does not adequately describe or enable the systems or
processes involving a query about current connection
status under Straight Path’s claim construction. But
written-description and enablement challenges were not,
and could not have been, part of the inter partes review
that is now before us. See 35 U.S.C. § 311(b) (limiting
challenges to prior-art challenges). Such challenges
involve bottom-line or subsidiary factual issues that have
not been litigated or adjudicated.

Tuesday, November 24, 2015

101 issue for diagnostic method in Cleveland Clinic

From Holman's biotech blog:

Tuesday, November 24, 2015

The Cleveland Clinic Foundation v. True Health Diagnostics: Judge Denies Preliminary Injunction Based on Likelihood That Diagnostic Testing Method Is Patent Ineligible

On December 18, 2015, in The Cleveland Clinic Foundation v. True Health Diagnostics, LLC, a district court judge in Ohio issued an order denying the Cleveland Clinic Foundation’s (“CCF’s”) Motion for Temporary Restraining Order and Preliminary Injunction after concluding that CCF had failed to establish a likelihood of success on the merits. In particular, the court found that CCF had “fail[ed] to make a clear showing that the patents-in-suit” are directed towards patent eligible subject matter. This is yet another example of the challenges facing the developers of diagnostic tests in the wake of Mayo v. Prometheus.

The patents at issue in the case, U.S. Patent No. 7,223,552 (“the ’552 patent”); U.S. Patent No. 7,459,286 (“the ’286 patent”); and U.S. Patent No. 8,349,581 (“the ’581 patent”), relate to methods of analyzing Myeloperoxidase (“MPO”) biomarkers in a patient’s blood sample to predict a patient’s potential for heart disease, by comparing the level of MPO found in the patient’s blood sample with levels of MPO in control subjects to see if the patient has elevated levels of MPO. MPO is an enzyme released by white blood cells when an artery wall is damaged or becomes inflamed, and its presence is thus an early symptom of many types of cardiovascular disease (“CVD”).


Monday, November 23, 2015

Colleen Chien on "doing nothing"

Before IPBiz could write a response to Colleen Chien's post The Best Way to Fight a Patent Demand May Be to Do Nothing, PatentlyO had already criticized the Chien work.

The Chien post begins:

The best way to deal with a patent demand may be to take a deep breath—and then do nothing.

The prospect of a patent lawsuit can be terrifying for a startup. Entrepreneurs often imagine that legal action will empty company coffers, throw the business out of joint or scuttle a round of financing.


Out of that research, a surprising finding emerges: More than a fifth of survey responders resolved the threat by “doing nothing.” This means, for example, looking at the claim, determining a license isn’t needed—and then filing the letter away, rather than responding.

**As a first point, the "doing nothing" strategy has been suggested for some time, so that idea is not exactly new to people following the issue.

For example, Foley & Lardners 10th Annual IP Conference, held more than one year ago on Sept. 19, 2014, had a session

Emerging and evolving strategies to mitigate the impact of abusive tactics by NPEs, including:
 Implications of recent Supreme Court decisions
 Incorporating the potential impact of legislative proceedings
 Effective use of joint defense groups; addressing indemnification issues
 Advanced pre-litigation and litigation strategies
Kevin Cranman, General Counsel, Ericsson Television Inc.
Karen Kaiser, Chief Intellectual Property Counsel, Ingredion Inc.
Matthew Miller, Deputy General Counsel, Groupon, Inc.
Michael Shpizner, Vice President and General Counsel, Fujitsu America, Inc.

wherein, if LBE remembers correctly, Mr. Miller pointed to the benefits of ignoring
threatening letters from NPEs (aka PAEs).

**As a second point, the Chien piece did not point out that a strategy of a patentee might be to seek an injunction, which can be far more threatening than money damages. Chien wrote:

Other times, patent holders aren’t looking for a quick settlement but seek high damages from a jury. In those cases, they will be more willing to pursue a claim. One approach is to plead poverty. There is evidence that patent trolls, like other patent holders seeking settlements, target firms with cash on hand. A company might want to share financial information confidentially to convince a troll it isn’t worth its time.

The threat of an injunction can be used to dissuade smaller entities from "doing nothing."

**The PatentlyO piece begins:

Professor Colleen Chien has published an unfortunate new Wall Street Journal essay titled “The Best Way to Fight a Patent Demand May Be to Do Nothing.” Chien’s factual bases appears spot-on: a large and increasing percentage of companies are refusing to even respond to patentee correspondence. The unfortunate aspect of the Chien’s essay is her suggestion that this really may be “the best way to deal with a patent demand.”

PatentlyO continues

An unfortunate aspect of Chien’s suggested triage system is that it does not focus on merits – is the patent actually being infringed; is the patent valid? Rather, the focus is simply whether the patentee has the wherewithal and propensity to sue and whether the triaging-company can slide under the radar

BUT, recall Chien's text:

More than a fifth of survey responders resolved the threat by “doing nothing.” This means, for example, looking at the claim, determining a license isn’t needed—and then filing the letter away, rather than responding.

Of course, as to both PatentlyO and Chien, the determination of whether or not there is infringement (need for a license) is not easy to answer. Some NPR litigation turns on infringement, not on the underlying validity, of the claims of the NPE. Recall Selden's suit against Henry Ford. Selden's claims were NOT invalidated.

**Separately on Chien, see

Merck KGaA buys SigmaAldrich

IPBiz notes the completion of the purchase of SigmaAldrich by MerckKGaA, the German company, which company is distinct from the company known as Merck in the United States:

Sigma-Aldrich will be combined into Merck KGaA's EMD Millipore business unit, forming a new subsidiary that will be called MilliporeSigma.

The "Aldrich" name, so familiar to organic chemists, vanishes in the name of the new subsidiary.

One recalls some previous discussion of the difference between the US Merck and the German Merck, which separation arose as a result of World War I.

From an IPBiz post on April 21, 2005 [ O'Connor, Breyer back in Merck v. Integra ]:

O'Connor asked the first question, as is often the case, and she and Breyer were among the most active participants. Both, it appeared to many, seemed sympathetic to Merck, and their presence might, in fact, tip the decision toward Merck.

Were the justices cravenly trying to protect their financial interests by rejoining the case? No such scandal was brewing. It turns out that soon after the justices' recusal in January, Merck's lawyer in the case, E. Joshua Rosenkranz of New York City's Heller Ehrman White & McAuliffe, sent a letter to the clerk of the Supreme Court to "address a possible misunderstanding" about Merck's name and corporate structure.

Rosenkranz went on to say that while Merck & Co. -- the U.S. firm in which the justices owned stock -- and Merck KgaA -- the German firm that is the party in the case before the Court -- "share a common ancestry," they are now "entirely separate entities," and have been since 1917. The German company, he explained, owns worldwide rights to the Merck name except in North America. Both companies got their names from Heinrich Emanuel Merck, an early German industrialist, but the American subsidiary became separate after World War I.

A former clerk to the late Justice William Brennan Jr., Rosenkranz wrote delicately about the subject, noting that both justices owned stock in the American Merck and adding, "While the recusals may have been prompted by other circumstances, I wanted to be sure to alert the Court to this potential misunderstanding."

Sunday, November 22, 2015

Plagiarism continues unabated in -business school admissions essays

Sad but true. In spite of all the plagiarism detection software being used, applicants to business school are
still submitting admission essays which are copied.


which notes

the number of plagiarizing applicants hasn't budged.

CBS Sunday Morning on November 22, 2015

Charles Osgood, with a red handkerchief, introduces the food issue.
Mark Strassman does the cover story on homegrown food. A beautiful day in the agrahood.
Susan Spencer, then Jane Pauley. Story on the Red Rooster. (On the Menu). Seth Doane on Japan's fake food industry. Tracy Smith interviews Cloris Leachman, a vegetarian. Mo Rocca on going bananas, eaten as much as apples and oranges combined.
Headlines for Nov. 22. Up to 20 inches of snow in midwest. Jon Bel Edwards governor. Fire in Hancock Building. Weather: scattered showers in east.
Fact: nearly a quarter of Americans eat turkey only around Thanksgiving time.
The cover story by Mark Strassman begins with with Clay Johnson lives south of Atlanta. Serenbe development. A real working farm. Steve Nigren is the developer of Serende The agrahood. Ed McMahan studies the phenomenon. The Cannery; Prairie Crossing; Willisburg. Average home at Serenbe costs $700K. Ashley Rogers is farm manager at Serenbe.
Hanna Warner on "what's brewing". Gerard Tonti paints with coffee and tea. Green tea as a painting medium. Reds were difficult. Lives outside Pittsburgh.

Lee Cowan on LA cafeteria. Clifton's Cafeteria. Andrew Meyers. Brookdale Cafeteria. The cafeteria of the golden rule. A woodland escape. At the height, 15,000 served per day. Ray Bradbury was a regular. By 2010, considered closing. Andrew Myron. A 40 foot redwood tree in atrium. The Woodland Dining Room. Barbara Jacobs in charge of outreach.

Susan Spencer starts three part "on the menu" feature. Begins with "the peanut dude," Chris Bible of Charleston, SC. the cavier of the south. Works at 695 Coleman Blvd., Mt. Pleasant, SC
Jane Pauley on Red Rooster Harlem of Marcus Samuelsson, born in Ethiopia, and ended up in Sweden. Culinary school at age 16. Aquavit. Note that the Red Rooster is located at 310 Malcolm X Blvd.

Seth Doane on fake food in Japan. Justin Hanna in Osaka. Point to food that you want. fakefoodjapan. Before you eat something, observe it. Also, sells food souvenirs (key chains, etc.)

Tampa's Columbia Restaurant. Cuban sandwich. 9 inches long. Serve as many as 600 per day. Tampa uses salami.
Nancy Giles on juicing. Get your green on at Juice Generation in NYC. Kale is the new bacon. Roots Juices. Vitamix machine in 1949. Papa Barnard. Jody Berg is president of Vitamix of Cleveland. Clip of Ninja. Marjorie Knowland Cohn at Liquiteria.

Tracy Smith with Cloris Leachman. Nine Emmys. Raised five children. Cabbage salad with family secret dressing. Vegetarian. Horses in Young Frankenstein. Blucher means glue.

Mo Rocca on bananas. Unripe fruit shipped in boxes. Banana Distributors of New York. Big Banana. They arrive green and hard. Then a ripening room with ethylene gas added. Tony Commando is in charge of ripening. William Goldfield notes bananas introduced in 1876. Banana is cheapest fruit in store. The banana republics. Carmen Miranda. 99% of bananas are Cavendish bananas. Banana peel: Harpers in 1879. O. Henry used term banana republic in 1904.

Rita Braver. why do we like the foods we like? Interaction of genes and environment. About 75% find cruciferous bitter. Licorice and banana jellybean. Our favorite foods are determined by what we have been exposed to. Adventure eaters. Large intestines from Osaka, Japan. [Braver previously did a piece titled "Smell of Success," on Harvard professor David Edwards, who described himself: "I'm a professor of idea translation at Harvard." and who noted, related to innovation, "Well, you cannot do anything really that potentially changes the world and not have the potential that it will be used in a negative way. link: See also: and US Patent Application 20150048178.]

Dean Reynolds in Rossi's in State St. in Chicago. A tavern opens its doors at sunrise. Dennis McCarthy. 25 years of neglect. Shawn Parnell did book on Chicago bars. Simon's Tavern. Mahogony bar built in 1933.

Spencer at Omni Parker House. Boston cream pie. Called a pie because baked in pie shells. Official state dessert as of 1996. Invented at this hotel. Malcolm X and Ho Chi Minh worked there. Of relevance to Christmas: Dickens first recited and performed "A Christmas Carol" for the Saturday Club at the Parker House. Of relevance to the Civil War, John Wilkes Booth stayed at the hotel April 5–6, 1865, eight days before assassinating Abraham Lincoln. Of relevance to trademarks, Dunfey Hotels bought Parker House in 1968, but on later buying Omni, phased out the Dunfey name and used the Omni. Sort of like Continental Airlines and United Airlines.

Next week on Sunday Morning. Interview with Carrie Mulligan.

Moment of nature. Jardiance. Wild turkeys near Stonewall, Texas.

Saturday, November 21, 2015

Colleen Chien and ED Texas

An opinion piece in the Washington Post about venue titled A patent reform we can all agree on is authored by Colleen Chien and Michael Risch.

Note a previous IPBiz post about Chien (and ED Texas):

**Separately, from a recent comment at PatentlyO:

(this also reminds me, Ron Katznelson’s piece in front of the Executive – the one still waiting an answer – is tied to the misrepresentations of an academic….)


Of the work by Katznelson, see his guest post on PatentlyO:

White House “Patent Troll” Report Challenged under the Federal Information Quality Act. including the text

My Petition shows that the PAE Report contravenes the IQA because it expressly relies on third-party information that does not meet the IQA standards. The sources relied on by the PAE Report purport to document patent litigation rates, quantify the private and social costs of patent litigation, survey “victims” of PAE litigation, and show the purported adverse effects of PAE activities. This information includes studies that have undergone no peer review; that have relied on opaque or erroneous methods and surveys; that lack objectivity; and lack practical utility.

To achieve agency compliance with identifiable IQA standards, my Petition concludes with 21 specific requests for correction supported by evidence and arguments. My Petition provides a compendium of detailed analyses of fundamental flaws surrounding data and methods used in eight commonly cited studies purported to document PAE harms, upon which the PAE Report relies.

In comment 16, Katzelson wrote:

The effectiveness of those aiming to steer the conversation here away from the substance of my article is remarkable. Perhaps others should resist the deflection tactics and address the topic at hand. For example, should the 51 law professors adopt IQA-like standards before they publish or endorse substandard or erroneous empirical “studies”? Have these professors recently distanced themselves from their purported “increasing body of evidence” articles they cited in their letter to Congress? Why else would they remove the full letter (including the reference list) from SSRN and thereby frustrate one of their heavily-cited authors’ tweets at link to ?


Robert Gebelhoff followed up on the Chien/Risch post, evading the anti-ED Texas tone of the post:

Colleen Chien and Michael Risch then finished off the series, suggesting that courts could possibly solve many of the problems facing the patent system by changing were lawsuits can be filed.



Both Chien and Gebelhoff missed the irony that the Eolas patents were found invalid in ED Texas. Recall also:

"We are pleased that the court found the patents invalid, as it affirms our assertion that the claims are without merit," Google spokesperson said Thursday.

Apple pays no damages in Pendrell/ContentGuard Holdings case

A Reuters report begins

A U.S. jury on Friday found Apple Inc did not infringe five antipiracy patents owned by a Pendrell Corp subsidiary at trial in a Texas federal court.

The jury also found that Apple did not prove that the patents were invalid. No damages were awarded to Pendrell subsidiary ContentGuard Holdings.


Of interest to the "troll" discussion, one notes the claims were found NOT to be infringed, but were NOT found invalid.
This is the same outcome as that in the Selden / Ford automobile case.

Trolls can actually employ patents with valid claims, albeit not covering the products of the accused infringer.

Note where ContentGuard came from:

ContentGuard emerged from a partnership in 2000 between Xerox Corp and Microsoft Corp to form a digital rights management business, according to court papers. It is now owned by Kirkland, Washington-based Pendrell Corp, a publicly traded patent management company, and Time Warner.

See Reuters Apple wins patent trial against Pendrell subsidiary
Read more at Reuters