Bilski, Babbitt and Baloney

By (author unknown), Groklaw NewsPicksJuly 21, 2010 at 01:04PM

(In which Phil Summa uses one of his favorite movies to comment on §101 subject matter)

In attempting to develop a layman’s explanation of Bilski subject matter, it occurred to me that a mental process might be qualified as “something that Raymond Babbitt could do in his head.” I refer; of course, to the 1988 movie “Rain Man” in which Dustin Hoffman won an Academy Award playing Tom Cruise’s brilliant autistic older brother….

In one sense, § 112 obligates the inventor to make sure that the public can determine, “without undue experimentation,” whether or not the public’s activity infringes the inventor’s patent….

As the Rain Man analogy illustrates, even manipulating a physical object (a playing card, a computer, pencil and paper) doesn’t necessarily prove that a particular mental process has been carried out.

The § 112 quid pro quo should certainly apply to a Bilski-type inventor; i.e., if you want patent protection, please define the activities that objectively would infringe your patent. If I can infringe your patent merely by thinking about it, or if the objective steps I carry out could result from infringing or noningfringing activity, then the patent claim fails to provide enough information for me to know whether or not or which of my activities other than thinking would infringe the patent. On that basis, from a public policy standpoint, it would be unfair to the public to allow such a claim to be enforced. If the claim can’t be enforced, it shouldn’t issue in the first place.

Summa Law

Not another rehash of Bilski

By (author unknown), Groklaw NewsPicksJuly 21, 2010 at 12:59PM

Still, some folks do have interesting things to say about Bilski. Here are links to a few posts that I think offer A Twist on Bilski rather than Yet Another Rehash of Bilski.

IP Lawyers: Enough about Bilski Already! – Instead, Start Spending Time on Things that Create Value for Your Clients
Bilski, Babbitt and Baloney

3 x 3 Blind Bilski Justices
A Mere Mortal’s Guide To Patents Post-Bilski (Or Why §101 Is A Red Herring) – All Things Pros

Pilot Handwriting: Break out that pen to create your Self-Font

By (author unknown), Core77July 21, 2010 at 10:38AM

0pilot001.jpg

We’re digging Pilot’s fun bid to stay relevant in the computer era. As their products have increasingly become disconnected from correspondence, the writing instrument manufacturer gives you one last opportunity to use an actual physical pen for e-mail, if only once, and inject a bit of your personality into as many future e-mails as you like.

0pilot002.jpg

How it works: You download a template from Pilot Handwriting, fill in the appropriate letters, then scan it into your machine using your webcam. Their website then turns your chicken scratch into a cohesive, readable font that you can use to type missives in. Check it out:

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INVENTOR’S JOURNAL: Patent Basics

By Rich Whittle, Business Opportunities WeblogAugust 11, 2010 at 10:07AM

In this edition of Inventor’s Journal, Rich Whittle teams up with MIT Libraries to learn what a patent is and why patents can be important to your research.

If you’re interested in viewing the rest of the video tutorials, use the links below. These videos were produced by MIT Libraries and we use them under a Creative Commons license.

Part 2 – What does a patent look like?

Part 3 – How to search for patents.

Part 4 – Which patent search tool should I use? Why not just use Google?

Next week we’ll be talking with Russ Colby, the inventor of the Talking Toilet Paper Dispenser.

RightToClick Enables Right Clicking on Sites that Disable It [Downloads]

By Whitson Gordon, LifehackerAugust 10, 2010 at 06:00PM

RightToClick Enables Right Clicking on Sites that Disable ItFirefox: Some sites (like IMDB) prevent you from performing certain actions, like right clicking, on their pages. Firefox extension RightToClick disables these scripts, giving you the ability to right click, select text, or perform other actions forbidden by a given web site.

After installing the add-on, you’ll notice a new green cursor icon in your toolbar or status bar (depending on your Firefox setup). If you stumble upon a site that won’t let you perform certain actions on their pages, just click RightToClick’s icon to disable that JavaScript. The icon will animate and you’ll be able to bring up the context menu, select text, drag and drop, and do any of the other things the site originally disabled. There aren’t a ton of web sites out there that disable these actions, but it’s a handy add-on to have around if you frequent a site that does.

RightToClick is a free download, works anywhere Firefox does.

Three ways of looking at Steve Jobs (Best of Kottke)

By Tim Carmody, kottke.orgAugust 10, 2010 at 05:50PM

This Best of Kottke post was easy, because I wanted to write something about Steve Jobs over the years anyways. The kickoff is Jason’s link to a 1995 interview with Jobs for Smithsonian Magazine. It’s mostly reflective, talking about his childhood, his history with Apple and early history with NEXT and Pixar. Toy Story hadn’t come out yet, and it’s fascinating to read what could be his bluster about what the movie and company were going to do, which of course turned out to be totally true. He’s also absolutely thrilled with what NEXT was doing with graphical user interface and networked computers. Windows 95 came out four months later.

It’s a sharp contrast with his interview the next year for Wired, which is mostly about the future of computing. He’s devastated and angry about Windows, but incredibly enthusiastic about the open web.

The desktop computer industry is dead. Innovation has virtually ceased. Microsoft dominates with very little innovation. That’s over. Apple lost. The desktop market has entered the dark ages, and it’s going to be in the dark ages for the next 10 years, or certainly for the rest of this decade.

It’s like when IBM drove a lot of innovation out of the computer industry before the microprocessor came along. Eventually, Microsoft will crumble because of complacency, and maybe some new things will grow. But until that happens, until there’s some fundamental technology shift, it’s just over.

The most exciting things happening today are objects and the Web. The Web is exciting for two reasons. One, it’s ubiquitous. There will be Web dial tone everywhere. And anything that’s ubiquitous gets interesting. Two, I don’t think Microsoft will figure out a way to own it. There’s going to be a lot more innovation, and that will create a place where there isn’t this dark cloud of dominance.

He also has this crystal clear vision about how the web was going to move beyond simple publishing and would be used to do commerce and create marketplaces for physical and virtual goods — a vision, which, again, turned out to be exactly right.

Two common threads in both interviews: he hates teachers’ unions, and doesn’t think technology can do anything for education. You generally see a much more libertarian, pessimistic Jobs in both of these interviews than you do today. He talks about death a lot, even though he’s still young and healthy.

Finally, I’ll link to what’s still one of my favorite looks at the future of consumer technology, Jobs and Bill Gates’s 2007 joint interview at D5 with Walt Mossberg and Kara Swisher. (PrologueFull VideoTranscript) It’s long to watch, but so worth it. They joke and reminisce with each other, tell stories about the early days of the computer industry, and share ideas about where things are going. (Bill Gates’s first line: “First, I just want to say: I am not Fake Steve Jobs.”)

The iPhone (announced but not released) is hot as hell, but Apple is still a much smaller company than Microsoft. Vista’s just been released and is stumbling out of the gate. Gates, unlike Jobs, is incredibly invested in trying to do something in tech to help education, and Jobs (whose Apple now has a huge education market) is mostly silent.

It’s also painfully obvious in retrospect that Jobs is talking about the expansion of the iOS into the iPod Touch, iPad (and maybe beyond) while Gates is talking about the experiments in input recognition that played into Windows 7 and the new XBox Kinect. Neither of them have any real idea what to do with TVs, but Gates actually seems to be more visionary, in part because he can afford to be less coy. It’s great. I’ve probably rewatched it four times, and you’ve never seen it, and care about this stuff at all, you should catch it.

Tags: Apple   Bill Gates   Steve Jobs