XpresSpa Group Inc (XSPA)

[fidcow]

I wouldn't be worried about the work around. It appears the filtering code is the same but with only it's triggering happening at a different time in the order of execution of New AdWords. Doesn't matter in what order you put the infringing code - filtering is filtering - it infringes the patents.

True, with this reordering of the code, New AdWords would be less resource intensive, which is something they should've done long ago, but that doesn't matter - the overall design is still the same thus it still infringes. Just remember that program design and program code are different things, and the patents are really about program design. Google's purporting that this change constitutes non infringement is laughable.

The real risk is that it will all ride on how well an old man who probably doesn't know jack squat about the internet, computers and programming will be deciding the outcome. My fear is that he won't understand and, instead of hammering Google as he should, will split the difference due to his own uncertainty.

The judge needs to bring in his own damn expert.