A small entity can enter a truly emergent market or a market without a massive incumbent party and become really successful, Google obviously did this in regards to search
"A personal video recording/storage apparatus for downloading streaming video and data contents from a number of sources and storing the video files to an internal storage device, such as a disk drive. The apparatus further has the ability to offload the video files (e.g., originally stored in the fixed storage device) to an internal removable media storage device. The video files stored in the internal storage devices may thereafter be retrieved, processed, and provided for viewing on demand at a later time (e.g., on a standard television set, a high-definition television set, flat panel display, computer monitor, or an equivalent output device). One embodiment of the invention includes an apparatus equipped with a wireless keyboard and software that enables a user to access the Web and email services, edit recorded material, download new coder/decoder (Codec) software, order a movie on demand, and/or perform other functions."
(b) Renewing the Motion After Trial; Alternative Motion for a New Trial. If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59. In ruling on the renewed motion, the court may:
(1) allow judgment on the verdict, if the jury returned a verdict;
(2) order a new trial; or
(3) direct the entry of judgment as a matter of law.
The software on the Apple side could not be placed into the processor on the prior art and vice versa. That means they are not interchangeable. That changed everything right there.
We focused right on the evidence... We went patent by patent, claim by claim.
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