Friday, October 26, 2012
$VRNG $GOOG Steve Kim Quote on Carbonell & Ungar & prior art
"Actually, it doesn't matter how many readers can explain it, it only matters whether Carbonell does a better job than Ungar in distinguishing the prior art. The proof will obviously be in the pudding, but if you check their credentials, you will see that Ungar is not really in the same league as Carbonell. Add to that the overlay of having the jury watch firsthand as Judge Jackson strikes a portion of Google's cross-exam, and you have a situation where the upstart Continentals may yet rout the established Brits. You may not be aware, but Judge Jackson is also mulling whether to give the jury an instruction advising them of Google's failure to provide discovery responses on the issue of damages."
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