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#46 |
Member
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Karma: 10
Join Date: Sep 2008
Device: HTC
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The Alex device seems very interesting, indeed. What are the probabilities that it will be avalaible on the market until end of year 2009?
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#47 | |
The me that I am
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Karma: 1078
Join Date: Jan 2009
Location: In my house! Duh!
Device: Kindle 1 & DR 1000s
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Quote:
(Sorry for not being on topic there.) |
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#48 | |
Wizard
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Karma: 1160346
Join Date: Jun 2009
Location: Southport, GB
Device: Kindle Voyage, PW Signature edition
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#49 | |
Somewhat clueless
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Karma: 8000000
Join Date: Nov 2008
Location: UK
Device: Kindle Oasis, iPhone 6 Plus
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Quote:
The odds are very much stacked in favour of the plaintiff - they will typically sue for infringement of multiple claims, with a decision being required by the jury for each one. It often takes just one claim to be found in favour of the plaintiff to kill off a product (or company!), so if the jury doesn't really understand, and effectively tosses a coin for each claim, the chances of the defendant winning them all are minimal. /JB |
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#50 | |
The Grand Mouse 高貴的老鼠
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Karma: 307935764
Join Date: Jul 2007
Location: Norfolk, England
Device: Kindle Voyage
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Again, this isn't a patent case. It's a breech of contract case.
For B&N to win, they just have to have convincing evidence that they were working on the nook with substantially the same features as it has now, BEFORE they signed the NDA. Quote:
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#51 | |
Somewhat clueless
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Join Date: Nov 2008
Location: UK
Device: Kindle Oasis, iPhone 6 Plus
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![]() I just get enormously irritated by the US patent system, and I lack the will power to resist any slight opportunity to rant about it. /JB |
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#52 |
The Grand Mouse 高貴的老鼠
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Karma: 307935764
Join Date: Jul 2007
Location: Norfolk, England
Device: Kindle Voyage
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An alternative defence springs to mind. If they could show that the nook development team were completely unaware of the discussions, and had no contact with anyone who'd seen the NDAed material, they be OK. But that's a much tougher challenge.
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#53 |
Wizard
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Join Date: May 2007
Device: iRex iLiad, DR800SG
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#54 | |
fruminous edugeek
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Join Date: Oct 2006
Location: Northeast US
Device: iPad, eBw 1150
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Quote:
Looks to me like the cleanest solution would be for B&N to buy or license the Alex from Spring and market it as nook++, and claim that had been their intent all along. ![]() |
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#55 | |
Addict
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Karma: 960
Join Date: Dec 2006
Device: REB1200; REB2150; Sony 500/350; EZReader; IREX DR800SG; Nook/Color
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This thing is hideous function wise. If you already navigated to the information you wanted on a little (not so little) color screen why would you put it on top instead of reading it there? And if you reading some book on top why you need the quite big unused bottom? This thing is the best example of doing too many things and as a result becoming clunky and awkward. Nook, took good approach of top screen = main screen, bottom is just navigator. The other way could've worked too I guess, but paying for two screens (money and weight) ![]() No synergy between them. That's why it might not be in the best interest of B&N to buy anything from them. |
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#56 | |
Member
![]() Posts: 22
Karma: 10
Join Date: Nov 2009
Location: DFW
Device: nook
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Quote:
The first thing to point out is that the nook was developed by an external firm, the Ammunition Design Group in California. According to Ammunition, they were responsible for the product design, packaging design, strategy and interaction design/user interface design and development. FYI, Ammunition handles other high profile accounts for Dell, Kohler, and (notably) Microsoft (they designed Microsoft's Carbon and Cobalt concept devices). Given that the NDA was signed in mid/late February with presentations to senior executives taking place in May/June, there's no way. Even if Spring Design gave them everything they had in early March, I can't see a mid-size firm like Ammunition ramping up to deliver that quickly even if B&N was the only account they worked on for that time frame. Given the people Spring Design were initially talking to came from B&N's partnership/business development side, I strongly suspect B&N was looking at the Alex for a deal similar to what they have in place with Plastic Logic's Que. Spring Design jumped the gun (despite the clause in B&N's NDA cautioning that neither party should rely on any discussions as a promise of or a commitment to enter a business relationship) and thought they were about to hit the big-time. Can't blame a small startup that had been marketing a concept for the last couple years for getting prematurely excited at the prospect of a big payout right around the corner, but.....The suit? Unless Spring Design is holding back something extremely compelling, there's no merit to it. In addition to which, Spring's choice of the Northern District of California is an improper venue. Bottom line, expect this to drag out for a while. Unless Spring Design has something more, there's no chance they're going to succeed in having an injunction issued, so....We'll see either a motion for summary judgment or possibly a payoff if B&N decides it's cheaper in the short-term to settle with Spring Design. |
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