Apple Sued Over iPhones Making Calls, Sending Email (fortune.com) 134
An anonymous reader quotes a report from Fortune: A company that seemingly does nothing but license patents or, if necessary, sue other companies to get royalties, has taken aim at Apple. But here's the kicker: the lawsuit alleges that Apple's last several iPhones and iPads violate a slew of patents related to seemingly standard features, including the ability to place calls as well as sending and receiving emails. A total of six patent infringement claims were brought against Apple by Corydoras Technologies on May 20, according to Apple-tracking site Patently Apple, which obtained a copy of the lawsuit. According to Patently Apple, the counts against Apple cover every iPhone dating back to the iPhone 4 and every iPad dating back to the iPad 2. In addition to taking issue with Apple's devices placing calls, the lawsuits also allege that the tech giant violates patents Corydoras holds related to video calling, which is similar to Apple's FaceTime, as well as displaying a person's geographic location through a feature like Find My iPhone and the ability to block unwanted calls. Last year, Apple was ordered to pay $533 million to Smartflash LLC for allegedly violating three patents related to copy protection.
wait, wut? (Score:4, Funny)
an iphone can make calls? no fucking way! i don't think i've ever seen my sister or her kid make a call on theirs.
Re:wait, wut? (Score:5, Insightful)
These patents needs to be invalidated, patents should last for a decade at the most. If you can't make money on the idea in a decade, and gain enough marketshare to fund further R&D, get out of capitalism.
But seriously, why are these trivial patents getting through our system with so much prior art and established methods already common knowledge. No Corydoras Technologies, you did not invent the video phone, nor did you tell Apple how its done.
Expo 67 - Canada - Eh (Score:5, Informative)
In 1967 one of the ways Canada celebrated its centenary was to hold an exposition called Expo 67. I can remember being there as a kid and being entranced by something that looked like it was from the future. It had a keyboard, a telephone handset and a ~10" black and white screen. You could talk to and see the person on the other side of the hall who was sitting at a similar device. According to Bell Canada it was coming "real soon now".
Re:Expo 67 - Canada - Eh (Score:5, Funny)
The only thing from Bell Canada that's "coming real soon now" is your next invoice.
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And a price hike.
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It's common sense presumably. Except that the judges and juries in East Texas havent seen that movie yet.
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Re:wait, wut? (Score:4, Insightful)
Someone having a general idea does not constitute prior art.
No problem with that. But then someone needs to explain those stupid judges that actually implementing something (using your own method) does not constitute infringement of somebody's general idea described in a patent.
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Someone having a general idea does not constitute prior art. By that measure almost nothing would be patentable. (I'm not saying that would necessarily be a bad thing.)
Doesn't that fall afoul of the "non-obvious" restriction? If something has already been "postulated" in popular culture, e.g. Dick Tracy's Watch, The Jetson's, well EVERYTHING (seriously!), etc, then how is a physical embodiment of that well-known idea then "non-obvious"?
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Someone having a general idea does not constitute prior art. By that measure almost nothing would be patentable. (I'm not saying that would necessarily be a bad thing.)
Doesn't that fall afoul of the "non-obvious" restriction? If something has already been "postulated" in popular culture, e.g. Dick Tracy's Watch, The Jetson's, well EVERYTHING (seriously!), etc, then how is a physical embodiment of that well-known idea then "non-obvious"?
So by that logic warp drive is not patentable because having seen it fictionalized in a movie the actual working implementation is now obvious?
How about you work on warp drive, and I will take light sabers. First one with a working inventions gets to build sharks with frickin laser beams.
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How about you work on warp drive, and I will take light sabers. First one with a working inventions gets to build sharks with frickin laser beams.
Right!
You get to work on a simple columnated plasma beam while I have to break (or at least find a workaround) for the Speed Limit Of The Universe!
Sounds fair to me, LOL!
Re:wait, wut? (Score:5, Informative)
"Warp Drive" as a concept should not be patentable. If it were, then someone could claim a patent on all faster-than-light travel.
What *is* patentable is a specific implementation of the warp drive concept. Someone else could build a warp drive in a different way, but they couldn't copy your design.
That's the main idea behind patents, although it is partially corrupted now.
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Theoretically, ideas can't be patented, but actual machines and processes can be. Hence, the requirement (not always enforced) that the description in a patent contain enough information to allow other people to implement what it purports to do. If you could have cut out Dick Tracy comics and sent them in with twenty-five cents to receive working plans for a two-way wrist radio, they would be patentable, and obvious derivations of them would not be.
Re:wait, wut? (Score:5, Funny)
It's common sense presumably. Except that the judges and juries in East Texas haven't seen that movie yet.
Whew. That was close. You used the phrase "common sense" and the word Texas in two different sentences.
Let's just state the obvious (Score:4, Interesting)
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And the juries in a particular West Texas district feel the same. Any big corporation they feel is the enemy. Whereas a patent troll who has an empty office in town are the small guys and thus the good guys. That's all they know and all they want to know, and they don't want to know the facts because that just complicates things for them.
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I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art?
Try Dick Tracey. Look at his fancy wristwatch that he could make video calls with - back in the '30's!
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Already posted elsewhere. I'm guessing you've not read "the machine stops", which had them in 1909. It's really REALLY worth a read, and it's not long. Also, out of copyright:
http://archive.ncsa.illinois.e... [illinois.edu]
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I'm not sure that prior art really covers "This one sci-fi movie did it".
Being able to look at people you're talking to in real time at a distance is a common sense fantasy; it is quite another thing to figure out how to do it.
We have sci-fi that allows instantaneous cross-galaxy communication through various handwavings; if someone actually figures out how to DO it should that not be patentable because movies did it first?
That said, patenting how to make phones place phone calls seems a little ... weird.
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Being able to look at people you're talking to in real time at a distance is a common sense fantasy; it is quite another thing to figure out how to do it.
If the "how to do it" is important, then please explain why it is infringement if somebody figures out his own way of how to do it. You can't have it both ways. Typically those bogus patents don't event contain a description of the how to do part...
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I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art? What the fuck?
I have something new for you!
http://archive.ncsa.illinois.e... [illinois.edu]
Video calls are there. It also skewers facebook, twitter, etc all the way from 1909. The guy had a real read on human nature. I have not yet found anything else of his which is nearly so good however.
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I know, this is stupid. Making calls? Making video calls? Ever see 2001: A space odyssey? Im sure there are older examples of video calling. Isn't that prior art? What the fuck?
Forget 2001. That didn't come out until 1969. "The Jetsons" cartoon featured video calling ALL the time, and that predated 2001 (at least the movie) by at least half a decade.
Not only that, but when I was a kid back in the 1960s, our local museum had a WORKING videophone exhibit by Bell Labs/Western Electric!!!
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How about 1927's Metropolis - http://www.openculture.com/201... [openculture.com]
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So aside of "on a computer" and "on the internet" we need yet another set of laws for "on a watch"?
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an iphone can make calls? no fucking way! i don't think i've ever seen my sister or her kid make a call on theirs.
Have them switch away from AT&T
Prior Art Exists (tm) (Score:2)
look up Marconi, Popov, Fessenden, deForest, et al. you can add Edison to the list. some guys named Bell and Morse also. fella named Armstrong talked upon the earth...
Trivial patents (Score:3)
They should be abolished. Patent trolls aren't the problem, if patent trolls get banned they will buy fake businesses and sell ten manually made phones for 6k$ each.
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You know they used to have this thing back in Shakespeare's day called "irony", where the audience was supposed to understand a character's words in way that was different than the character intended them to be understood.
People stopped using "irony" because it was stupid; it makes stuff too hard to understand.
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You know they used to have this thing back in Shakespeare's day called "irony", where the audience was supposed to understand a character's words in way that was different than the character intended them to be understood.
People stopped using "irony" because it was stupid; it makes stuff too hard to understand.
It all started when Alanis Morissette made people think it had to do with rain on your wedding day... [wikipedia.org] (sigh)
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The best word for Rain on your wedding day is "unfortunate", not "ironic".
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We're just using irony ironically. The best way to deflate a sarcast is to take their sarcasm literally and show how it works that way.
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Not *taking* it literally, *proving* it works literally.
Sarcasm depends on the assumption that the underlying premise is false. If you disprove that assumption, it no longer works as sarcasm.
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People stopped using "irony" because it was stupid; it makes stuff too hard to understand.
I see a lot of irony. Most of the time it's funny and understanding it is effortless/automatic. Is it a cultural thing?
Has anybody... (Score:2)
Like the Old Saying Goes . . . (Score:5, Funny)
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You jest, I know, but it does make you wonder why nobody came up with a business process patent for running an IP trolling firm.
Maybe there's not enough patentable there, but since when has that stopped anyone?
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There was a Slashdot article a few years back about some company applying for a patent on a method to find patentable ideas and apply for patents on them, actually.
Ah, here it is: https://yro.slashdot.org/story... [slashdot.org]
Good (Score:5, Insightful)
Right now, none of the big guys want patent reform, because it helps them keep down competitors, and some of them make a good chunk of money from it. If we want to see patent reform, then they're going to have to start hurting. Bring on the patent trolls, I say!
Re:Good (Score:5, Insightful)
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well there are two sets of lawyers. offensive and defensive. The defensive ones only make money if the company is profitable. and stupid patents lawsuits are expensive.
Now they are both offensive to normal people, but defensive lawyers will get sick and tired of the BS from the offensive lawyers and change the laws so they have to do less work.
remember a lawyer for a company earns several million a year sitting on their ass. why get off of it and do work when you can get paid to do nothing?
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The defensive ones only make money if the company is profitable.
[citation needed]
I see you haven't had many dealings with lawyers.
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Lawyers can only work within the (broken) law. If big entities like Apple start feeling pain from shit like this, then they'll probably lobby for at least some patent reform.
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One teeny tiny problem with the idea of patent law reform bound to patent abuses, lawyers. Lawyers make the most money with patents, filing them and attacking with them and defending from them and oh wait, the fuckers write those laws that make them a shit bucket ton of money, filing them and attacking with them and defending from them. Seems like we have to change the way laws are written first and how they are 'interpreted' in the courts and to prevent abuses by the legal system that it drives on purpose
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we have to change the way laws are written first
That's so impossible (under the current system) so as to be an impossible hurdle to change Some would say an excuse for inaction.
As difficult as it may be, a single Constitutional Amendment (in the US) can remove IP creation as a Federal power. If Oklahoma wants to keep up this craziness, let the vendors decide whether they want to sell their phones and tablets there.
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Absurd! (Score:2)
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Possibly somebody had an idea for a "PDA that also makes phone calls", probably never without a single working implementation or even a description that would allow one to make a working implementation, and probably it was written down before the technology to even make this practical work existed. None of which should be allowed as an enforceable patent.
Otherwise I could just file a patent for a time machine. Now no one can create a time machine in the next twenty years without my permission. I don't ev
Re:Absurd! (Score:4, Insightful)
Otherwise I could just file a patent for a time machine. Now no one can create a time machine in the next twenty years without my permission.
They'll just travel back in time and either (a) create prior art and/or (b) file a patent before you - the results will likely be paradoxical.
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Then the patent official is confused because they have no idea what a "flux capacitor" is, or how any vehicle can reach 88 mph.
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Then they get back to their futures and find everyone is making time machines based on their patents which expired in 1804 after the single 14 year term.
I wouldn't want to figure out the exact date and time to file to be able to block an alternate invention while having enough time left on my patent to commercialize it.
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I'd be in favour of a tiered patent system. Cute ideas like XOR mouse cursors, one click shopping buttons, rounded corners or making calls on a PDA get you a tier 1 patent, meaning you don't ge
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This is an interesting idea. One of the big issues with the patent system today is that the patent office approves too many patents figuring that the courts will sort it out. The courts, in turn, assume that the patent office did their job and that an approved patent should be taken as valid unless proven otherwise. This would actually give the patent office a financial incent
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Patent law excludes such patents, but they have no practical way anymore to enforce it. The patent office is overwhelmed by applications, not by legitimate applications but the modern shotgun approach to patenting anything and everything possible. Thus patents are not reviewed unless and until there is a lawsuit over the patents. And at that point the lawyers control the process and not engineers or scientists or experts in the field.
Corporations do this as a defensive measure. Every tech company dealin
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They do. But it's like that whack-a-mole game, and sometimes the mole wins.
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A wonderful idea but alas would likely get some people imprisoned. Maybe there's an Apple exec with a terminal disease who might "go rogue"?
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I don't know how it would work.... (Score:2)
Can any slashdoters propose how such legislation would work? Something that prevents this bullshit from getting anywhere near a court of law? Perhaps some sort pre-lawsuit bullshit court that prevents it from getting anywhere at all?
Toss'em! [Re:I don't know how it would work....] (Score:4, Insightful)
I say outright get rid of software patents: the drawbacks outweigh the benefits. Most new software ideas are created in the act of making a specific product, not mass general research labs of the kind Edison used. This means that the ideas would be created anyhow even without the royalty incentives.
And most don't bother to mine existing patents for new ideas because most are vague, obvious, or trivial junk, often filed for defensive or legal ammunition reasons.
Thus, the two main reasons for patents: incentives and publicizing ideas, are mostly moot these days. For every good software patent, I bet there are at least 10 junk patents.
Patents can join H-1B visas in the high abuse-to-legitimacy ratio: a game played by and for big biz to stay big at the expense of everybody else.
Re:I don't know how it would work.... (Score:5, Interesting)
Remember though that in the past you had to actually show a model of your invention, and have a patent inspector pass on it. Meaning that you had done some non-trivial amount of work first, you had the idea and also the means to demonstrate the idea, and now needed time to get manufacturing up and running. Today the patent inspectors just rubber stamp everything, no one needs a working model, or even a non-working model. That's what's broken.
The limited time for exclusive access was very useful in the past. That is, if you think that supporting the little guy versus the large conglomerate is useful for society. The actual purpose of patents originally was not to lock everything out from everyone else, instead the purpose was to make the patent free and open once the time period expired. Before patents inventions were kept locked up and controlled, guilds were formed to protect the secrets, and so forth.
The patent term was long enough to get up and running and get into a competitive position before the rest of the world started making copies (but long enough to be more lucrative than hoarding the invention). Twenty years was also a very short period in the past, it just seems extremely long today because people are rushing new crap out as fast as they can and planned obsolescence is the status quo.
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Remember though that in the past you had to actually show a model of your invention, and have a patent inspector pass on it. Meaning that you had done some non-trivial amount of work first, you had the idea and also the means to demonstrate the idea, and now needed time to get manufacturing up and running.
Prototyping is easy in software, and wouldn't do jack shiat to stop patent trolling. Removing the requirement of providing a model helps small inventors in fields that require huge capital investment, like pharmaceuticals or large machines. It wouldn't do anything here.
Today the patent inspectors just rubber stamp everything, no one needs a working model, or even a non-working model. That's what's broken.
95% of patent applications are initially rejected, so that rubber stamp apparently says "denied".
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That's why the fashion industry started plastering their name on everything, to be able to claim trademark infringement. Now it's ubiquitous and everyone is a walking billboard.
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Why state things so definitively when they are so easily disproved? The auto industry makes extensive use of design patents and does indeed use copyright too, from time to time. Why would you think it doesn't?
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But we need a law that prevents this bullshit with very stiff penalties for these extortion trolls.
Can any slashdoters propose how such legislation would work? Something that prevents this bullshit from getting anywhere near a court of law? Perhaps some sort pre-lawsuit bullshit court that prevents it from getting anywhere at all?
How about these 3 changes to patent law:
This way patents their current role in say, the drug industry, while preventing all current trolling activities.
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I guess theoretically we could crack down on them with the laws we have now. First you'd have to start by granting fewer BS patents, which means hiring more and better patent examiners. Then you'd have to go after people who falsify stuff, including skipping over obvious cases of prior art.
The reason this remains a problem is that we don't have enough interest in using the laws we already have, much less making any new ones. Until we start electing people who want to do something about this we all have to
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The courts defer to the patent office. The patent office uses a rubber stamp and expects the courts to sort it out.
Finally!! Apple only qualified to make um... (Score:2)
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I see no patents on e-mail or calls here.
All the patents (ok I only checked the first four) are about the front camera aka "Selfie mode", and more specifically about mirroring the image from the front camera so it looks like how you're used to seeing yourself. Also the ability to turn mirroring on/off based on a user option or when switching between front and back camera.
These things might have been novel and patentable back in 2001, the priority date for most of these patents.
As novel and patentable as scratching one's nuts. Image reversal was performed in the 80's commercially
Then the patents claim all kinds of combinations of that feature with other usual smartphone things, but only as combinations with that feature.
So it isn't one of those "How did the patent examiner miss the massive amounts of prior art?" cases.
Sloth, stupidity. No knowledge of computers. What we need is a last gasp of this crap, with companies who are sued for ridiculous mundane stuff like this to sue the patent office for frivolous and bad patents. Though I dunno if you can sue the USPO
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Sloth, stupidity. No knowledge of computers. What we need is a last gasp of this crap, with companies who are sued for ridiculous mundane stuff like this to sue the patent office for frivolous and bad patents. Though I dunno if you can sue the USPO
Can you file a patent for issuing patents? Would the uspo have thought to do that? Get that, then sue them for patent infringement on issuing patents in the most frivolous case ever.
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Sloth, stupidity. No knowledge of computers. What we need is a last gasp of this crap, with companies who are sued for ridiculous mundane stuff like this to sue the patent office for frivolous and bad patents. Though I dunno if you can sue the USPO
Can you file a patent for issuing patents? Would the uspo have thought to do that? Get that, then sue them for patent infringement on issuing patents in the most frivolous case ever.
I like the way you think!
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Can you file a patent for issuing patents? Would the uspo have thought to do that? Get that, then sue them for patent infringement on issuing patents in the most frivolous case ever.
There's far far too much prior art on issuing frivolous patents.
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Then the patents claim all kinds of combinations of that feature with other usual smartphone things, but only as combinations with that feature.
So they were obvious (but theoretically novel) combinations of features. Still obvious. Looks like someone saw the obvious direction of the industry, and patented it.
If I were Apple I would buy East Texas (Score:2, Informative)
And give it back to Mexico as a peace offering. Our legal system would then be free of a huge burden.
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Quick google, but examples abound: https://ipcloseup.wordpress.co... [wordpress.com]
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Wait, what? (Score:2)
Wait....they're suing because a phone has the ability to make calls?
Ummm, I don't wanna get all technical and shit, but that's basically what a phone does.
What's next, suing Samsung and Toshiba because their televisions "show moving images"?
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What's next, suing Samsung and Toshiba because their televisions "show moving images"?
Watch it, buddy.
I've a patent on the concept of pounding on buttons to make letters appear on a screen. I'm thinking of allowing people to licensing this concept so they can do things like communicate with computers; maybe at a trivial cost of a cent per character. I'll take that in advance, please.
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Wait....they're suing because a phone has the ability to make calls?
Ummm, I don't wanna get all technical and shit, but that's basically what a phone does.
What's next, suing Samsung and Toshiba because their televisions "show moving images"?
If these patents relate to making calls and sending emails and whatever else shouldn't they be suing samsung and all other phone makers too. You can make calls and send emails on the internet too, maybe they should sue that.
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They want to start off slowly with a small, little known defendant that will set a precedent, then go after the bigger guys.
Bottom Feeders (Score:4, Funny)
Anyone else notice the company is NAMED for a species of bottom-feeding catfish?
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Anyone else notice the company is NAMED for a species of bottom-feeding catfish?
Well colour me surprised here it is [wikipedia.org]. Basically, Corydoras is a genus of freshwater in the armoured catfish family -- seems fairly appropriate for this companies name.
In addition, Corydoras are generally found in smaller-sized streams, along the margins of larger rivers, in marshes and ponds -- Wow this seems familiar.
Their feeding method is to search the bottom with their sensory barbels and suck up food items with their mouth, often burying their snout up to their eyes, one of the reasons a soft sand s
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A regret I have in my life (Score:2)
"allegedly" (Score:2)
Combinations of other peoples inventions (Score:2)
Tons of prior art (Score:2)
Unless they are addressing a particular technique used in the calls, they have a lot of prior art to overcome.
https://en.wikipedia.org/wiki/... [wikipedia.org]
Corydoras == scum sucking bottom dweller? (Score:1)
Corydoras == cory cat catfish == scum sucking bottom dweller patent troll.
https://en.wikipedia.org/wiki/Corydoras
Not really about making calls or sending email (Score:2)
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the ideas and implementation of others for its own use, and saying it is brand new "apple sauce".
The same company has the same lawsuit aginst the good and righteous company Samsung.