Category Archives: Uncategorized

Online searching of Apple OSX and iOS binaries

An earlier post notes some examples of “deep indexing” of the textual contents of commercial software products: Such deep indexing of binary code files has been done in some limited areas, such as the superb PDP-10 software archive at http://pdp-10.trailing-edge.com/ in which files have been extracted from tape images, each file given its own web […]

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Patent examiners on software prior art, at crowdsourcing site

The White House recently announced the US PTO’s launch of “Ask Patents” (a forum at the “Stack Exchange”) as a crowdsourcing platform to identify prior art. Right now, the forum seems to mostly have general questions and answers. There are several interesting Q&As, in which patent examiners explain that they do not consider software itself […]

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US National Software Reference Library (NSRL) and Software Patent Prior Art, Part 2

The previous post discussed the US government’s National Software Reference Library (NSRL), a collection of 15,000 commercial products, currently indexed by files (hash, filename.ext) comprising each product. The post posed the question whether the NSRL could be used as the basis for a library of software prior art, usable by examiners at the US Patent […]

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US National Software Reference Library (NSRL) and Prior Art, Part 1

I’ve been looking into the possible use of the US National Software Reference Library (NSRL), http://www.nsrl.nist.gov, maintained by the National Institute for Standards and Technology (NIST), as a library of software prior art. Such a library would be useful both to the US Patent & Trademark Office (PTO) and to patent litigators. The original purpose […]

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US government’s National Software Reference Library (NSRL): recent article

Reading the article, it may not seem to have anything to do with IP litigation, but this National Software Reference Library appears to potentially be an important basis for a prior-art software library (that is, not a collection of publications about software, but of text extracted from the software itself, for use as prior art). […]

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Good article on using Wayback Machine (archive.org) in patent litigation

One important use is as a source of reliably-dated prior art. The authors discuss admissibility and authentication issues. Two additional points not made in the article: Technical experts may reasonably rely on dated web pages from archive.org. In addition to web pages, the Wayback Machine also contains a substantial amount of software with datestamps — […]

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Useful short two-part article on source code discovery

http://www.americanlawyer.com/id=1202625182156?slreturn=20140109114240 5 Avoidable Pitfalls in Source Code Discovery by David A. Prange and Esam A. Sharafuddin This is one of the few times I’ve seen the important point made: “Don’t assume that a feature in the source code is a feature in the [accused] product.” Part 1 of the article makes another under-appreciated point: “Consider […]

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Test of Google Code Search

Uploaded a ZIP file with about 275 old source-code files, as part of a test of Google Code Search: http://www.softwarelitigationconsulting.com/wp-content/uploads/2011/03/schulcode.zip And another: http://www.softwarelitigationconsulting.com/wp-content/uploads/2011/03/schulcode2.zip  

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California trade secrets update, March 2011

Notes for a discussion of California trade secrets: PDF file

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