Hmm, not much of an idea, let allone an invention. This kind of follows logically from the problem at hand. I will give away a similar invention: instant boot a computer aperatus by using ROM memory and running the os from it ...
Under Fed. R. Evid. 803(6), statements recording an act or event are
admissible if “(A) the record was made at or near the time by – or from information
transmitted by – someone with knowledge; (B) the record was kept in the course of
a regularly conducted activity of a business, organization, occupation, or calling,
whether or not for profit; (C) making the record was a regular practice of that
activity; (D) all these conditions are shown by the testimony of the custodian or
another qualified witness; and (E) the opponent does not show that the source of
information or the method or circumstances of preparation indicate a lack of
trustworthiness.”
Snip on Background
On February 3, 2010, Apple engineer S. Aon Mujtaba and other Apple employees requested a call with Qualcomm’s “relevant Gobi protocol experts” to discuss “the image transfer protocol from the AP to the BB.” PX0592 at 5 (Feb. 3, 2010 9:27 pm email). The request was relayed to Qualcomm’s “resident Gobi ‘image transfer protocol’ experts,” Billy Oostra and Claudia De Andrade, who, along with Qualcomm employee Ravi Soordelu, scheduled a call with Apple for 10 am on February 5, 2010. Id. at 2-3 (Feb. 4, 2010 10:35 am and 4:46 pm emails).
Mr. Soordelu emailed the Apple team with details of the scheduled call on February 5, 2010. PX0809 at 11 (Feb. 4, 2010 9:57 pm email). Before the call, Mr. Soordelu was asked by Jim Willkie of Qualcomm to take and “post minutes from this meeting.” PX0812.
Mr. Soordelu confirmed that he would, and at 7:19 pm on February 5, 2010, he sent Mr. Willkie, Mr. Oostra, Ms. De Andrade and others an email setting forth the topics discussed during the call a high level including “details on the protocol used in Gobi” and how “boot mechanism for Gobi” can be leveraged, among other things. Id.
In addition to the email setting out “high level topics,” Mr. Soordelu also created consistent, but more detailed, meeting minutes with the file name “2010_02_05_GobiDownloadcall.txt.” PX0066.
Apple vs Qcom should have outstanding NDA prior to the tech exchange - Look like both side need to provide Notebook level of developing record up to the date of meeting to trace idea of origin. However, it is not surprise stealing idea occur, usually is the user (in this case, like Apple) stealing from supply chain (like Qcom), because the user usually is bigger, and can get away with it. the supplier dealt with a weak hand - you do not want to tick off the hand that feed you.. This case is rather unique, both are titans... (matter of fact, to steal idea from vendor is not uncommon - more so last 20 years... population grow, I guess number of theivs in the world also increased).
Hmm, not much of an idea, let allone an invention. This kind of follows logically from the problem at hand. I will give away a similar invention: instant boot a computer aperatus by using ROM memory and running the os from it ...
Funny that the main inventor of the patent was never even called into question - that's me! I have never even heard of this engineer before. The fact that he said he invented it is beyond me 🙂
Dr. G, with all due respect, it is not unusual to NOT knowing there are other parties in the field on the same track. history proven that is true in many aspect (I am sure you can find examples). Idea exchange, especially within a super tech engineering groups can spark patent ideas (that is why notebook record is important), mostly via intermediate exchange. ("I heard xyz.... " over lunch, may get neuron moving even to the chap sitting next table, that can lead to a new direction of research). IMHO. 1st to patent law distorted 1st invent in this neck of the woods. Stealing (I am not imply in this case) from vendor, specially from start up, smaller firm that depend on contract of large firm or can not risk lawsuit for its fragile reputation, is not unusual in the field. Never heard VP demand engineering group need average x patent per year per head? support staff included? travel expanse went up the same year - visit conference, university, vendor, partners, etc.... a big coincidence? It happened before, hopefully never again (but I doubt it... until the law change to 1st invent).
Comments
I will give away a similar invention: instant boot a computer aperatus by using ROM memory and running the os from it ...
Snip on admissability standard
Under Fed. R. Evid. 803(6), statements recording an act or event are admissible if
“(A) the record was made at or near the time by – or from information transmitted by – someone with knowledge;
(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that activity;
(D) all these conditions are shown by the testimony of the custodian or another qualified witness; and
(E) the opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.”
Snip on Background
On February 3, 2010, Apple engineer S. Aon Mujtaba and other Apple employees requested a call with Qualcomm’s “relevant Gobi protocol experts” to discuss “the image transfer protocol from the AP to the BB.” PX0592 at 5 (Feb. 3, 2010 9:27 pm email). The request was relayed to Qualcomm’s “resident Gobi ‘image transfer protocol’ experts,” Billy Oostra and Claudia De Andrade, who, along with Qualcomm employee Ravi Soordelu, scheduled a call with Apple for 10 am on February 5, 2010. Id. at 2-3 (Feb. 4, 2010 10:35 am and 4:46 pm emails).
Mr. Soordelu emailed the Apple team with details of the scheduled call on February 5, 2010. PX0809 at 11 (Feb. 4, 2010 9:57 pm email). Before the call, Mr. Soordelu was asked by Jim Willkie of Qualcomm to take and “post minutes from this meeting.” PX0812.
Mr. Soordelu confirmed that he would, and at 7:19 pm on February 5, 2010, he sent Mr. Willkie, Mr. Oostra, Ms. De Andrade and others an email setting forth the topics discussed during the call a high level including “details on the protocol used in Gobi” and how “boot mechanism for Gobi” can be leveraged, among other things. Id.
In addition to the email setting out “high level topics,” Mr. Soordelu also created consistent, but more detailed, meeting minutes with the file name “2010_02_05_GobiDownloadcall.txt.” PX0066.