theodp writes "In a move that would do pre-makeover Ebenezer proud, Amazon.com's 1-Click lawyers put the USPTO to work on Christmas Eve. On Dec. 24th, the USPTO acknowledged receipt of yet another round of paperwork submitted by Amazon's high-priced legal muscle, the latest salvo in Amazon's 3-year battle to fend off a patent reexamination triggered by the do-it-yourself legal effort of actor Peter Calveley. Amazon CEO Jeff Bezos' 1-Click patent is also under attack on another front — on Dec. 23rd, the USPTO received $810 from Amazon's attorneys together with a request that the agency invalidate Patent Examiner Mark A. Fadok's final rejection of 1-Click patent claims on the grounds of obviousness. On the bright side, patent clerks — unlike Bob Cratchit — get the day after Christmas off!"

theodp writes "You know times are tough when the best place to work in America replaces holiday bonuses with a request for unpaid labor. Blaming the economic crisis, Google management has canceled the traditional cash holiday bonus — reportedly as much as $20K-$30K per Googler — and substituted an unlocked Google Android cell phone, retail price $400. An accompanying email calls for employees to celebrate the 'chance for us to once again dogfood a product and make it even better!'" Update: 12/23 01:09 GMT by KD : A reader pointed out that comments to the article note a couple of inaccuracies: the Android phone being offered is an unlocked dev model, which goes for $400; and the reporter may have confused holiday bonuses with performance bonuses. The former have traditionally been in the range of $1,000, according to two comments.

theodp writes "Barack Obama supporters were left shaking their heads after a report surfaced that the president-elect was using a Zune at the gym instead of an iPod. So why would Mac-user Obama be Zune-ing out? Could be one of those special-edition preloaded Zunes that Microsoft bestowed on Democratic National Convention attendees, suggests TechFlash, nixing the idea that the soon-to-be Leader of the Free World would waste time loading Parallels or Boot Camp in OS X just to use a Zune."

theodp writes "No doubt many will nod knowingly as they read Paul Graham's The Other Half of 'Artists Ship', which delves into the downside of procedures developed by Big Companies to protect themselves against mistakes. Because every check you put on your programmers has a cost, Graham warns: 'And just as the greatest danger of being hard to sell to is not that you overpay but that the best suppliers won't even sell to you, the greatest danger of applying too many checks to your programmers is not that you'll make them unproductive, but that good programmers won't even want to work for you.' Sound familiar, anyone?"

theodp writes "Nine years ago Monday, Amazon kicked off the Holiday Season by slapping Barnes and Noble with a court injunction barring BN from using a checkout feature that Amazon said represented illegal copying of its patented 1-Click technology. 'We're pleased that Judge Pechman recognized the innovation underlying our 1-Click feature,' said Jeff Bezos in a press release. But an Appellate Court wasn't quite as impressed with Amazon's innovation. Nor were USPTO Examiners who were asked to take another look at the merits of Amazon's 1-Click patent claims. Still, 1-Click lives on, although Amazon's lawyers are currently fighting two separate rejections by USPTO Examiners, burying USPTO Examiners in paper, and employing canceling-and-refiling tactics that some may find reminiscent of Eddie Haskell's chess end-game strategy. So much for Amazon-led patent reform."

theodp writes "The NY Times questions the $400M in low-interest federal loans requested by Tesla Motors as part of the $25B loan package for the auto industry passed by Congress last year. 'The program is intended to encourage automakers to improve fuel efficiency, but should it be used for a purpose like this, as the 2008 Bailout of Very, Very High-Net-Worth Individuals Who Invested in Tesla Motors Act?' Tesla says it is assembling about 15 cars a week and has delivered about 80 of its $109,000 base-price Roadsters to date, many of which have gone to the Valley's billionaires and centimillionaires who are Tesla investors as well as early customers. We discussed the company's financial difficulties last month."

theodp writes "With control of 63% of the world's Internet searches, as well as ownership of YouTube, the NY Times reports that Google is the most powerful and protean of the Internet gatekeepers, exerting enormous influence over who can find an audience on the Web around the world. Deciding what controversial material does and doesn't appear on the local search engines Google maintains in many countries — as well as on Google.com, YouTube, Blogger, Picasa, and Orkut — falls on the shoulders of Nicole Wong and her colleagues, who have arguably been given more influence over online expression than anyone else on the planet. Some find Google's gatekeeper role worrisome: 'If your whole game is to increase market share,' says Lawrence Lessig, 'it's hard to do good, and to gather data in ways that don't raise privacy concerns or that might help repressive governments to block controversial content.'"

theodp writes "In an Onion-worthy move, the USPTO has decided that IBM inventors deserve a patent for splitting a restaurant bill. Ending an 8+ year battle with the USPTO, self-anointed patent system savior IBM got a less-than-impressed USPTO Examiner's final rejection overruled in June and snagged US Patent No. 7,457,767 Tuesday for its Pay at the Table System. From the patent: 'Though US Pat. No. 5,933,812 to Meyer, et al. discussed previously provides for an entire table of patrons to pay the total bill using a credit card, including the gratuity, it does not provide an ability for the check to be split among the various patrons, and for those individual patrons to then pay their desired portion of the bill. This deficiency is addressed by the present invention.'"

theodp writes "Intellectual Ventures (IV) will be setting up shop at the top of a Four Seasons this week as Headline Sponsor of the Ready to Commercialize 2008 conference hosted by the University of Texas at Austin. It's the patent firm's 100th university deal, though some, such as Professor Michael Heller at Columbia University, warn against such deals. '... their individual profit comes at the cost of the public ability to innovate. The university's larger mission is to serve the public interest, and some of these deals work against that public interest.' It's a follow-up to the conference IV sponsored last summer for technology transfer professionals entrusted with commercializing their universities' intellectual property, and should help IV, a friend of Microsoft, snag even more exclusive deals (PDF)."

brothke writes "It has been suggested that if one was somehow able to change history so that aspirin had never been discovered until now, it would have died in the lab and stand no chance of FDA approval. Similarly, if we knew the power that Google would have in 2008 with its ability to aggregate and correlate personal data, it is arguable that various regulatory and privacy bodies would never allow it to exist given the extensive privacy issues." Read below for the rest of Ben's review.

theodp writes "TechFlash reports that Microsoft bigwigs like Craig Mundie and Bill Gates (when he still worked there) have been secretly moonlighting at Intellectual Ventures (IV), the 'patent extortion fund' run by Bill's pal Nathan Myhrvold. A Microsoft spokesman confirmed that its technologists have been sitting in on IV-sponsored 'innovation sessions,' where their pearls of wisdom were captured and turned into patent applications for Searete, an IV shadow corporate entity. And if all goes well, Searete will soon enjoy exclusive rights to the fruit of the brainstorming, which includes processes ranging from determining and rewarding 'influencers' to treating malaria, HIV, TB, hepatitis, smallpox, and cancer."

theodp writes "The USPTO has granted IBM a patent for utilizing naming conventions to assign gender-based avatars for instant messaging. A user named Teri, IBM explains, would be given a girl avatar, while a user named Terry would be provided with a boy avatar. The three IBM 'inventors' were stymied by users named Pat, who as a result will be assigned a 'generic, genderless human figure image as his or her avatar.' Way to honor that significant-technical-content patent pledge, Big Blue!"

theodp writes "The NYTimes reports that pre-wired home security installations by alarm companies are on the way out. Thanks to wireless window and door sensors and motion detectors, installing and maintaining one's own security system is becoming a do-it-yourself project, with kits available from companies like InGrid and LaserShield. Time to start cranking out some new iPhone and Android apps, kids?"

theodp writes "Cross Halo with an exercise bike, and you get Expresso Fitness' S3, which lets you blow away dragons by squeezing handlebar-mounted triggers as you pedal hard through the Chinese countryside. Portfolio notes that a new generation of Wii-like workouts is hitting gyms and homes, with companies like GameRunner incorporating treadmills into First Person Shooters and Kickstart offering mini steppers and cycles for popular game systems."

JagsLive points out a Reuters story which suggests that Google may walk away from its deal with Yahoo instead of accepting possible antitrust limitations from the government. The ongoing investigation of the deal by the Department of Justice has caused new concerns to be raised over whether the two companies have adequately addressed issues such as privacy and competition. From Reuters: "'Are they more serious about walking away? Yes. Have they decided? I'm not sure,' one source told Reuters on Friday. 'Yahoo wants the deal, and they're willing to have Google sign anything at the Justice Department to have them do it.' ... Part of the impetus of Google's walking away could be Yahoo's talks with Time Warner Inc about buying the content and advertising operations of its AOL unit. Google initially struck the deal with Yahoo as a way to fend off Microsoft Corp's unsolicited bid. Yahoo and AOL are conducting due diligence to see what a combined company would look like."

stoolpigeon writes "The number and functionality of web based applications has exploded recently. Many of these applications rely heavily on AJAX to provide a more desktop-like experience for users. As the number of people using JavaScript grew, libraries were developed to assist with commonly encountered issues. Jim Harmon's new book Dojo: Using the Dojo JavaScript Library to Build Ajax Applications aims to introduce readers to one of those libraries, the Dojo Toolkit." Keep reading for the rest of JR's review.

theodp writes "On Tuesday, the USPTO awarded Microsoft a patent for the Automatic Censorship of Audio Data for Broadcast, an invention that addresses 'producing censored speech that has been altered so that undesired words or phrases are either unintelligible or inaudible.' The patent describes methods for muting offensive words and replacing them with less offensive versions, and 'a third alternative provides for overwriting the undesired word with a masking sound, i.e., "bleeping" the undesired word with a tone.' After all, there's nothing worse than being subjected to offensive speech when you're shooting someone in the head."

theodp writes "If you're a PC, you may be unfamiliar with The Dock, the bar of icons that sits at the bottom or side of a Mac and provides easy access to Apple applications. But don't count on it becoming a standard on the PC. On Tuesday, the USPTO awarded Apple — and inventor Steve Jobs — a patent for their User Interface for Providing Consolidation and Access, aka 'The Dock,' after a rather lengthy nine-year wait."

theodp writes "Al Gore, Bill Joy, and a Norwegian cutie — a TH!NK open electric car — grace the cover of the latest NYT Magazine, which asks: Can the venture capitalists at Kleiner Perkins reduce our dependence on oil, help stop global warming, and make a lot of money at the same time? While Kleiner Perkins — which funded Genentech, Netscape, Google and others — has a number of other green-tech bets, a partner says its goal is 'to make a lot of money for our investors,' not to save the environment."

theodp writes "Facebook announced it has chosen tax-haven Dublin for its international HQ, but not all are buying COO Sheryl Sandberg's line about local world-class talent being the motivation behind the move. The Irish Times recently reported that Irish subsidiaries owned by US multinationals are opting to convert to unlimited liability status, concealing the financial performance of their Irish operations from public view. They include Microsoft's incredibly profitable Irish subsidiaries Round Island One and Flat Island Company, Google Ireland Holdings, and a subsidiary of Apple Computer. The conversions have occurred as US tax authorities have increased their scrutiny of international mechanisms used by American multinationals to reduce their taxes at home."