Quoting out of context is a known fallacy...you're not going to get very far trying to base an opinion out of a few lines of cut-and-paste text in an attempt to represent YEARS of trial proceedings...especially something so highly subjective...
We did not even have to insist he must post years of trial proceedings, they only need to post both sides of the argument in the hearing, but they do not, they only post one side of the transcripts.
But even when they posted only one side of the story, they still managed to leak some points made by E*, for example, when E*'s expert witness tried to point out the PID filter was not the physical data source, TiVo's Mr. Chu objected, and the judge overruled his objection, Mr. Chu then said he wanted to continue to object, calling it "running objection." But the judge ignored him, told the E* witness: "You may continue."
Thamos22 stopped right there, he did not post anything after that.
But it is obvious to me, what followed that "you may continue" was the E* witness explaining why the PID filter may not be the physical data source, and why had E* raised that issue during the trial the jury could possibly have found E* not to infringe.
The judge obviously decided to let him explain his assertion, despite TiVo's "running objection."
Of course if one reads the above TiVo's own patent description I have posted:
If the signal were instead stored as an MPEG stream, it would be necessary to linearly parse the stream from the beginning to find the desired location.
Here, TiVo described parse as "parse the stream," (i.e. parse the time stamps, or as E* said, parse the start codes). That is what the term "parse" means throughout the TiVo's patent claims.
Now remember what the appeals court said, when discussing the terms and meanings, both the patent claims, and the patent descriptions [specification] will be considered together so things can be put in their proper context:
In sum, TiVo is correct that the specification describes the process of indexing data. Both the specification and the text of claims 1 and 32 make clear, however, that indexing occurs after, and in addition to, the separation of the incoming data into distinct video and audio buffers.
No terms will be taken out of the context, the phrase "parse the audio and video data," as described in the first step of the software patent claims, when taking into consideration of the TiVo's patent specification, means "analyzing the start codes." The PID filter as we know it, simply cannot perform such function, this much is undisputed.
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