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Originally Posted by
Sacto Joe 
What this says to me is that the Samsung's of the world can disregard patents since, without bans, by the time they go through the court process the damages that they will have to pay are far exceeded by the earnings they can garner. It's a stick in the eye to anyone who depends on intellectual property protection, and an insult to the concept of justice.
Patent holders can still get bans if there's clear evidence of infringement.
All this says, is that there's no such evidence in this case. Multiple judges have pointed out that the patent claim construction does not seem to apply to the way that the Nexus search works. If you read and understand the patent, you'd think the same way.
For that matter, this particular patent should be a poster child for why most software patents are junk... especially the vague ones, which are just raw ideas submitted using fancy words like "heuristics" and other general terms, but without giving any unique implementation details. Check out the primary claim:
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1. A method for locating information in a network using a computer, comprising: receiving by the computer an inputted information descriptor from a user-input device; providing said information descriptor received from the user-input device to a plurality of heuristic modules, wherein: each heuristic module corresponds to a respective area of search and employs a different, predetermined heuristic algorithm corresponding to said respective area to search the area for information that corresponds to the received information descriptor, and the search areas include storage media accessible by the computer; searching by the heuristic modules, based on the received information descriptor, the respective areas of search using the predetermined heuristic algorithms corresponding to each respective area of search; providing at least one candidate item of information located by the heuristic modules as a result of said searching; and displaying by the computer a representation of said candidate item of information on a display device. - Apple patent
Wow, sure looks impressive, doesn't it. At least, until you break it down and read it closer. Then, hey wait a minute...
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1. A method for locating information in a network using a computer, comprising: receiving by the computer an inputted information descriptor from a user-input device;
Which means, the user types in a search term.
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providing said information descriptor received from the user-input device to a plurality of heuristic modules, wherein: each heuristic module corresponds to a respective area of search and employs a different, predetermined heuristic algorithm corresponding to said respective area to search the area for information that corresponds to the received information descriptor, and the search areas include storage media accessible by the computer;
The search term is given to multiple pieces of code that search different areas, including the network and the disk drives. Pretty typical user desire and very common object-oriented programming.
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searching by the heuristic modules, based on the received information descriptor, the respective areas of search using the predetermined heuristic algorithms corresponding to each respective area of search;
Each code section has its own way of looking through the data. Again, very common. Searching the web is different from searching local files.
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providing at least one candidate item of information located by the heuristic modules as a result of said searching; and displaying by the computer a representation of said candidate item of information on a display device.
And you show the results to the user.
Wait. What?! My wife, who knows nothing about computers, can come up with an idea like that. In fact, we ALL do this type of thing in our everyday lives. We use a combination of different methods to search different information sources. Web, yellow pages, friends, refrigerator notes, smartphone notes, our own memory.
Where are the implementation details? Where's the non-obviousness?
This kind of vague idea patenting... especially of basic actions that humans take every day... should not be allowed.