Viewing profile — MaxwellKennerly

I'm the author of that. It's dated, though to my knowledge none of the issues there have yet been resolved, and the trial is scheduled for February 2013. Seth Finkelstein noted htt…

Of course not, and it bears repeating that this patent doesn't cover any of the underlying technology that makes the iPhone actually work as a phone, it merely covers part of the a…

Look at the prior art cited by the patent: http://www.google.com/patents/US7469381 Read the file wrapper and the notice of allowability. Here is Apple's great triumph in claiming a…

But it had occurred to other people, and lots of them. You can even watch Tom Cruise pinch-to-zoom, and scroll by waiving his hands. Look at the prior art in the patent itself, e.g…

How hard do you think it is to implement scrolling, the rubber band effect, and pinch-to-zoom on a display screen? Answer: not hard at all. In fact, it has been trivial for years. …

The patent system is supposed to encourage the commoditization of inventions by using a trade-off: if you invent something novel and useful, you can get a patent that gives you a c…

Bear in mind that Congress hasn't done anything to change the types of things that can be patented; under the Act, the patent for thermal refreshing of bread would still be appropr…

Thanks for the link. One very notable part of the Facebook dilution is that Eduardo signed on to a shareholder agreement authorizing it, at least in part. We unfortunately don't ha…

The point is that both lawyers and clients should understand their roles. The lawyer's primary job is to explain to the client the legal consequences of a given course of action. P…

That's a valid point. I discussed the suit as a single invention; Stark could indeed patent parts of it while treating other parts as trade secrets. The post has been updated to in…

You're putting a couple carts before your horse there. First, you presume there's a trade secret. There's no indication that is correct; all I see is a new soon-to-be-sold product …

No doubt, counterfeiting deserves policing. And that's a big part of my point: Gawker posting pictures of a prototype iPhone that Apple lost in the wild isn't counterfeiting. Why, …