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« NIH Declines to Exercise March-in Rights over Abbott Laboratories' Norvir® | Main | AstraZeneca LP v. Breath Ltd. (Fed. Cir. 2013) »

November 12, 2013


Thank you for this article. EFF's efforts to invalidate or narrow this patent are appropriate, but I find it troubling when people point to this patent or others they feel are overly broad as evidence of a broken patent system. The fact there is a process for groups like EFF to remedy a potentially "bad" patent speaks to the strength of our system. Don't throw the baby out with the bathwater.

Well I should hope they should be able to find "something" that distinguishes their claimed APPARATUS from old Internet radio shows.

The travesty here is that the examner apparently threw the law to the wind and allowed a claim that is an apparatus attempting to distinguish over the prior art in terms of its functionality.

All of this appears to be what distinguishes and also appears to be nothing more than a functionality:

"for: performing, from time to time, one of a sequence of update operations, each of said update operations comprising: downloading via the Internet the current version of a compilation file identified by a predetermined known URL, and storing attribute data contained in said current version of said compilation file in said digital memory, said attribute data describing one or more episodes in a series of episodes, said attribute data for each given one of said episodes including one or more episode URLs identifying one or more corresponding media files representing said given one of said episodes, accepting a selection of a particular episode described by attribute data stored in said digital memory by the operator of said apparatus, downloading and storing the particular media file identified by an episode URL included in the attribute data for said particular episode if said particular media file is not already stored in said digital memory, and reproducing said particular media file in a form perceptible to said operator."

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