the zombywolf report-Day 1 continued.
Sorry Folks, ran out of battery power on my wireless keyboard-maybe Bob Stine can get to work on battery free wireless communication from keyboards to desktops computers, LOL!
Continued- I had heard from him before, so nothing lost by missing some. Heard a nice simple explanation of our basic tech-concise and on point. Got our first real look at the other side for their statement. Gone where the previously noted less than perfect Comcast mouthpieces-enter a southern drawled "Matlock" type lawyer with a sharper edge. Perfectly pleasant guy, dont get me wrong, very polite like most southerners. When on a very long statement about the basic differences between the technology, remarking similar points Comcast made in the last hearing on summary judgement we were attending. Made many remarks about the breadth of the cable industry, insinuating how insignificant Chanbond was in the beginning and along the way. Tried to explain how patent infringement worked, and used the chocolate cookie example to explain that if you use a different recipe, you dont infringe. Basically put out a lot of background for use by them along the way. Testimony started right after a little break.
It was during the afternoon session, we noted the presence of a gentleman seated across the aisle not noted in the morning session. Considering the lack of diversity anywhere in these two courtroons, it was easily established that it could be Billy Carter, if you know what I mean. Looked like him, not sure though. He looked over at ZWM at a point-she waived at him-no response. HMMM, waited to the next break and called out his name-answered, and went over to introduce myself and ZWM. He is a very tall, slim well dressed man with a pleasant southern type politeness. And you can tell there are no flies on him-very self confident type. Remarked to him that we had spoken by phone a couple of times and he remembered me somewhat, or was polite, not sure which. Asked if he was here for the whole trial-yes. Asked if I might get a chance to talk to him sometime during the trial-ok, but will wait and see about that. Made a remark that he was a bit mysterious in all of this and people would like to know more about you. Said not too mysterious, but conversation trailed off as he left with others upstairs for testimony from Bob Stine. First contact established.
Bob Stine up on the barrel first in testimony. Whitman took him through his background, and the start of Zband-the company first established for work on the technology. Started October 1999 (my dates are approximate, there were a few thrown around) and patent filed in 2000. Went through the activity they performed to get the industry interested in their tech. Described talks with IBM and Cisco engineers and told of their interests in the tech. IBM offered to help with that, only if Zband could get some customers to try the tech. Cisco OTOH, met with them and showed interest, but nothing committed. Wont go through other details, was probably having my first nap.
Then the Cox lawyer did his cross. Obviously, this one was a little more argumentative, going through his background and company histories. A lot of questions about the different products involved with and the history of cable transmission. Second nap time soon after, in and out with abject boredom. To make an opinion of this part is as follows:
1) Lawyer nailing down facts on Bob Stine and Zband, with some discussion of a later company they formed to market the tech after the patent was issued- CBD, cant remember what the letters are. Maybe LT and his note taking can fill in some gaps while I was sleeping.
2) Setting the stage to show how insignificant he and the company were in cable technology development, hand how the big names in the biz didnt want much to do with it.
3) Hinted at pervious work by other companies previous to them working on the same problem-prior art use later in the trial with experts.
To sum it up, no real advantage either way noted, just seemed to be setting timelines and commentary from Bob on the big picture for the jury. It was established that Zband created a technology to solve a big problem, patented it, showed it to big hitters in the indusrty because they didnt have the resources to make it themselves. Common inventing problems most have-not a negative I could see in the Q's and A's.
Finished about 4:45pm. Got a concise view on the start of the company, what Bob was about-pretty much the lead tech for Zband on the patented items. Playing field for the rest of the trial established, much more fun to come. This wont be a cakewalk, both sides are competent and Cox will certainly throw the kitchen sink, the baby and bathwater at us during the trial from the talks we heard today. As I have previously stated, this will all come down to the use of a trigger mechanism in modems to distribute signals. We need to prove they do it, they have to prove they dont.
Not sure of the time frames of future reports, as the trial will be daily and not sure what time I will have to pontificate on the festivities. Will always comment on the board here and there on anything noteworthy during breaks, so keep your link to the board connected for quick updates, and I hope, jokes.
z
All information provided is the opinion of this poster from review of information in the public domain.
