Tuesday, November 12, 2013

IBM's US Patent 8,549,125 criticized

The Register rips IBM over US Patent 8,549,125, stating

We think that means IBM will route workloads to nodes that offer the most energy-efficient processing opportunity. That's an idea sometimes described as "follow-the-moon" computing because it would enable workloads to hop into data centres that, thanks to it being night-time wherever they happen to be, require less energy for cooling. If IBM can make a case for having invented that, the likes of Microsoft and VMWare won't be happy as both are keen on the idea as a way to make virtual machine "teleportation" more attractive.

Yes, The Register does mention IBM's 6,329,919, the airplane toilet queue patent.

And, during the PLI course on patent litigation on November 11, 2013, one instructor brought up the swing patent. But recall the swing patent was a gimmick done by a patent lawyer father and his young son. Recall also from IPBiz:

Forbes brings up the swing patent, but doesn't mention that this one is gone:

If you don't think you can secure rights to the laws of physics, look no further than patent No. 5,413,298, which outlines a new method of "swinging." To wit: A person, positioned on a standard swing suspended by two chains from a horizontal tree branch, swings from side to side by pulling on one string and then the other. Many, many children at playgrounds have likely infringed on this one.

See also http://ipbiz.blogspot.com/2009/06/its-kappos.html

A PLI instructor on Nov. 11 attributed the Potter Stewart line on pornography in Jacobellis v. Ohio, 1964 to Byron White.
Of the quote, see The Origins of Justice Stewart’s “I Know It When I See It”

Also related to PLI, note that the CAFC has affirmed an inequitable conduct finding, post Therasense. See


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