Supreme court moves to center of presidential race (The Arizona Republic)

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Nokia 808 Pureview goes up against Nokia N8, should probably pick on someone its own age (video)

Aside from a brief video ad to show off its own motion-capture chops, it's gone a little quiet on Nokia's 808 PureView. The imposing 41-megapixel cameraphone, or phone-camera, is Nokia's latest Symbian device so why not run it (almost) side-by-side with the Nokia N8? The screen looks substantially more impressive on the 808 PureView, which is 0.5 inches larger than its older relative, but that brighter showing probably has more to do with the new phone's placement center-stage in exx10sive's hands-on video. Arguably Nokia's last Symbian big-hitter, the 808 PureView seems far more responsive to touch; apps appear to launch almost immediately, while the Belle UI also seems better suited to the newer device, with larger menu text and icons in view. The camera app has also been given a more modern flavor, in line with other smartphone camera UIs. A full-fat eight-minute comparison lies in wait after the break. Hopefully, those hints at a May launch will hold true -- we're waiting for the camera, not the Symbian.

Continue reading Nokia 808 Pureview goes up against Nokia N8, should probably pick on someone its own age (video)

Nokia 808 Pureview goes up against Nokia N8, should probably pick on someone its own age (video) originally appeared on Engadget on Fri, 27 Apr 2012 10:53:00 EDT. Please see our terms for use of feeds.

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Sprint reports Q1 2012 results: 1.5 million iPhone sales but a $255 million operating loss

Sprint Nextel has just deployed its Q1 2012 financials and it's a bit of a mixed bag, with a five percent net revenue growth over this time last year and a whopping 1.5 million sales of that iPhone it paid so dearly for -- twice as many as it sold last quarter and, of those, 44 percent were new subscribers. That helped to drive an overall postpaid subscriber growth of 263,000 but, despite some good news, the company is still suffering a $255 million operating loss and a $863 million net loss. Sprint reaffirmed its LTE plans, a pilot launch of six cities sometime in the middle of this year, with 12,000 sites going online before 2012 turns a year older. Will it be enough? Tune in next quarter to find out.

Sprint reports Q1 2012 results: 1.5 million iPhone sales but a $255 million operating loss originally appeared on Engadget on Wed, 25 Apr 2012 07:25:00 EDT. Please see our terms for use of feeds.

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Neil Diamond and Katie McNeil: Married!

Forget blue jeans for a moment. Neil Diamond will be spending forever with Katie McNeil.

The legendary singer tied the knot with his manager yesterday, exchanging vows in front of family members and friends in Los Angeles.

The 71-year old artist made news in September now just by getting engaged to McNeil, but by announcing it on Twitter via the following message:

"Good news coming from sunny LA/ and you're the first I want to tell/ Katie & I just got engaged/ and I hope you wish us well."

This is the third marriage for Diamond, who takes off on tour June 1. We send the couple nothing but happy, best wishes!

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Wiipop incorporates Kinect camera and several Wiimotes into a veritable electric boogaloo

Sure, we've seen plenty of dancing games harness the Wii and Kinect's unique motion capture systems, but the Wiipop prototype takes things to another level, combining the technology of both with some pro-level dance moves. The game utilizes the Kinect's 3D camera and up to eight body-mounted Wiimotes, letting players improvise freestyle dance moves in a SingStar-like game, matching body pops to beats in a song. The game's not quite ready for primetime, but when it is, Christian "Mio" Loclair sees its potential beyond simple gameplay. The title could, perhaps, be used to help design choreographed productions or to generate and trigger visual effects for live performance. In the meantime, pop and lock into the video after the break.

Continue reading Wiipop incorporates Kinect camera and several Wiimotes into a veritable electric boogaloo

Wiipop incorporates Kinect camera and several Wiimotes into a veritable electric boogaloo originally appeared on Engadget on Wed, 18 Apr 2012 00:42:00 EDT. Please see our terms for use of feeds.

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Video: Spice up your kitchen with exotic surf and turf

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Baby Jacuzzi Is a Great Way To Relax After a Long Day Of Napping [Overkill]

If you thought it was stressful being a new parent, imagine what it's like for a baby who's been thrust into the world after spending nine months in solitary confinement. But a few minutes in the MagicBath baby whirlpool every day should calm their nerves. More »

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Obama pledges immigration reform early in 2nd term (The Arizona Republic)

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McKesson and Akami: Clarification of Legal Standards for Joint ...

Overview

The Court of Appeals for the Federal Circuit will focus on the legal standard for joint infringement in the forthcoming McKesson and Akami opinions.? Because of software?s inexorable transition from computer-readable media to network and internet distribution, these opinions significantly affect joint infringement for software inventions.

McKesson Technologies Inc. v. Epic Systems Corp., (Fed. Cir. 2011) focuses on two questions, as ordained by the en banc order:

1. If separate entities each perform separate steps of a method claim, under what circumstances, if any, would either entity or any third party be liable for inducing infringement or for contributory infringement?

2. Does the nature of the relationship between the relevant actors?e.g., service provider/user; doctor/patient?affect the question of direct or indirect infringement liability?

Akamai Technologies, Inc. v. Limelight Networks, Inc., (Fed. Cir. 2011) paraphrased McKesson?s questions in its single en banc order question:

1. If separate entities each perform separate steps of a method claim, under what circumstances would that claim be directly infringed and to what extent would each of the parties be liable?

Akami

At issue in Akamai is Akamai?s Patent No. 6108703 (??703?), which uses the term ?tagging? to describe prepending a URL, as suggested by Limelight?s brief: ?www.provider.com/?/story.gif? may become ?ghost1467.com/www.provider.com/?/story.gif?.? Limelight infringes every step but one of ?703 by hosting the content and providing an alternate server name to its customers; the customers perform the final step by prepending the server name onto the URL.

Arguing for Akamai, Mr. Dunner?s oral argument proposed three tests:

?One test is direction or control, not ?and control,? ?or control.?? The second test is concert of action.? The third test is knowingly combining steps with another.? So there are three separate tests, and in each case, there has to be knowledge of what is happening.?

Arguing for Limelight, Mr. Panner cited ? 271?s sharp distinction between ? 271(a)?s establishment of patent infringement as a strict liability tort, and that knowledge of infringement is required for indirect infringement under ? 271(b) or ? 271(c).

Judge Newman was clearly uncomfortable with this strict reading of ? 271 to Limelight?s admitted desire for the customer to perform the final step.? Judge Lourie also indicated discomfort with this outcome.? However, this is exactly the arm?s length transaction contemplated by Judge Rader in BMC: ?This court acknowledges that the standard requiring control or direction for a finding of joint infringement may in some circumstances allow parties to enter into arms-length agreements to avoid infringement.?? (498 F.3d at 1381.)? Indeed, that Limelight intended the result and that this portion of Limelight?s website seems to have no substantial noninfringing use (to borrow language from ? 271(c)) seems to imply some degree of inequity.

McKesson

At issue in McKesson is McKesson Patent No. 6,757,898 (??898?), which covers a method of communication between a patient and a healthcare provider.? Defendant Epic?s software ?MyChart? infringes every step of the method claim except for the first step: ?initiating a communication by one of the plurality of users to the provider for information . . . .?

Mr. Joseffer restated the BMC ?direction-or-control? test McKesson advanced in its brief.? He was immediately peppered with questions about his assertion that McKesson can prevail under either ? 271 (a) or (b) (where ? 271 (b) inducement generally requires direct infringement under ? 271 (a)), but he clarified that the direction-or-control test broadens legal attribution to cover either (a) or (b).

Judge Dyk inquired about whether this method patent could be enforceable if it had been written entirely from the perspective of the doctor.? Mr. Joseffer replied that such a patent could be circumvented if the doctor asked someone in IT to perform at least one step, and explained that requiring a claim construction solution would expand multi-step method claims to an unworkable number of party subcombinations, and that no such construction could be expected to anticipate every possible scenario.

Arguing for Epic, Mr. Moore held to the Supreme Court?s decision in Aro (previously cited against Mr. Joseffer by Judge Moore), which requires performing all steps of a method patent to satisfy ? 271 (a) infringement.? Mr. Moore went on to explain that ? 271 (b) and (c) were created to encompass negligent or intentional acts by secondary or tertiary parties, and that statutory construction interprets their separation to preclude multiple party inducement under (a).

Judge Moore asked, ?Then why would you ever file for inducement if, in your theory, the direct infringer would be the same person as the inducer because he is, in the common-law sense, making them act as his agent.? 271 (b) would be superfluous in your statutory interpretation because it would be entirely encapsulated under 271 (a).?? Subsequent questioning, alas, did not clear up this apparent contradiction before the end of Mr. Moore?s time.

Conclusion

The Federal Circuit did not seem eager to adopt Akamai?s knowledge test, nor did they seem satisfied by McKesson?s argument that all patents must have a remedy.? The Judges may not find explicit support in ? 271 or previous method patent cases, but seem to be open to expanding the direction-or-control test to avoid circumvention of method patents.? Though the oral arguments provided some insight the concerns of Judges Linn, Prost, Moore, Dyk, Bryson, and Newman, we are left to extrapolate the proclivities of the quieter Judges Lourie, O?Malley, Reyna, and silent Chief Judge Rader.

The outcome will have a significant effect on authoring method claims, especially as applied to software patents.? As such, we eagerly anticipate the decision, expected later this spring.

?

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Betty returns to 'Mad Men' in a really big way

AMC

Betty is a long way from being the slim young thing she was in previous seasons of "Mad Men."

By The Hollywood Reporter

Following a Betty Draper/Francis void from "Mad Men's" season 5 premiere, January Jones returned to the small screen in a big way on Sunday.

The episode, directed by Jon Hamm, focused significantly on Betty's weight gain. Most critics and viewers are in agreement that the storyline was drawn as a result of Jones' real-life pregnancy, though a hefty -- and possibly ill -- Betty also opened up a new door in her character's development. Upon learning that there was a tumor on her thyroid, Betty called upon ex-husband Don Draper (Hamm), rather than her current husband, to express her fear of leaving their children motherless. In the end, the tumor turned out to be benign and Betty was quickly back to her old sharp-tongued self.

PHOTOS: 'Mad Men' Season 5 premiere red carpet arrivals

"For those who have always had issues with Mad Men?s frosty mommy, the sight of a hefty Betty -- dare I say an ugly Betty, even though she still looked very pretty with a bit more meat on her -- was a terrific schadenfreude opportunity. But it didn?t last long," wrote The Washington Post's Jen Chaney.

"Kudos to the writers for finding a way to work January Jones? pregnancy into the story that?s a little more cerebral than having her carry a bunch of large bags," said Paste magazine's Bonnie Stiernberg. "Instead, they?ve got Betty struggling with what?s undoubtedly her worst nightmare -- the loss of her looks. The episode opens with her kids unable to zip her into a too-tight dress, followed by a shot of Don breezily zipping Megan into her dress as they get ready to go out and woo the Heinz folks. It?s a telling image; Betty?s no longer the glamorous, young wife brought along to smile at her husband?s business associates."

In stark disagreement, HitFix's Alan Sepinwall described Betty's storyline as the "weakest one," noting that "Having a female character get fat is one way of dealing with an actress pregnancy you don't want to write into your show."

STORY: 'Mad Men' returns to record ratings with season 5 premiere

"Because January Jones is so slender to begin with, and didn't pack on that much weight, the show apparently had to resort to some of the makeup tricks they used on Elisabeth Moss during Peggy's pregnancy late in season 1, plus a non-pregnant body double for the bath scene," he continued. "I get that it's an awkward position to be in, story-wise, and Betty having another baby so soon after Gene would not only complicate her life but go against the suggestion here that Henry and Betty's sex life tapered off not long after they moved out of the Ossining house."

E! Online's Christina Dowling seemed to enjoy seeing a new side of Betty, writing: "While there is a possibility of a fatal illness, we see Betty soften. Hug her kids, be nice to her husband, and even weep. Alas, a season-long arc of Betty becoming a saint was not meant to be. But hopefully the residual effects of her near-death experience will carry forward."

In addition to the usual recaps and reviews that find their way into the blogosphere following each episode, viewers took to Twitter to make cracks about the latest storyline.

Comedian Michael Ian Black tweeted: "So many of the 'Mad Men' characters seem unhappy, even though none of them have AIDS yet."

"Girls" creator Lena Dunham ?wrote, "My dad honestly thinks the reason Mad Men took 17 months off was 'so they'd have time to plump up January Jones!'"

Producer Damon Lindelof claimed to have learned a lesson from his evening of television. "Between 60 MINUTES expose on sugar and the last scene of Mad Men, that's pretty much the end of Sunday Sundaes at Chez Lindelof," he wrote.

"Starting a Mad Men inspired rock band? May i suggest the name 'Fat Betty Draper'?" quipped Twitter user @FrankIero.

"Oooh Fat Betty, Bam-a-lam. Ooooh Fat Betty, Bam-a-lam," joked @rachelrusch.

"America wanted it to be malignant too, Betty," wrote @JohnNess.

Referencing Jones' controversial comment, in which she admitted to eating her own placenta after giving birth, @Chet_Cannon said: "Betty Draper looks like she ate about 100 placentas."

One thing's for sure: Betty came back with a bang.

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Homecoming For Connecticut Troops

More than 150 troops stood proudly as they were formally welcomed home Saturday inside the Bradley Air National Guard Base in East Granby.

"It gives both state and national leadership a chance to recognize them and their contributions to the war,? said Col. Frank Detorie.

Brothers, Nick and Chris Cangemi just returned home to Windsor in February, after they both served in Afghanistan for 6 months.

"It was a relief, it was nice. It took a little time to get used to being home and not having to wake up for work everyday," said Senior Airman, Nick Cangemi.

"The ceremony is a good thing. All the people you were deployed with, you get to reconnect with them," said Senior Airman, Chris Cangemi.

The troops were not the only group honored Saturday. The event also focused on the real sacrifice the family members of the troops make each time there is a deployment.

"It was tough on my youngest son. He just turned 14 and to not have his brothers around, he had a hard time with it," said the mother of the Cangemi brothers, Mary Blodgett.

Blodgett hopes other family members will also experience the joy of seeing their loved ones welcomed home.

"I just wish it could all end, so that they could all be home and other families wouldn't have to go through it," she said.

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