Test your powers of skepticism
Donald Trump recently lost $5 million to a plaintiff at a trial in which there was no physical evidence, but only some dramatic testimony from a plaintiff and her confederates (#BelieveWomen). Let’s see how good we are at detecting liars. First, an example from a patent trial where I recently testified. The plaintiff’s expert is trying to bolster the inventiveness of the invention, a patent on a way to deliver internet applications to phones other than the obvious HTML/CSS/JavaScript. The patent (U.S. 9,063,755) was filed in November 2008, 1.5 years after Apple released the iPhone and promised that HTML/CSS/JavaScript web sites designed for desktop computers would render just fine on Safari for the iPhone. The inventor will seem like more of a genius if the Internet is completely broken as of 2008, but can be saved by this invention.
Q. What was Internet technology like at that time [2008]?
A. It was pretty exciting. As that paper showed, it was really a time when new devices were coming into the Internet, and web pages were getting much more sophisticated in terms of the kinds of things that they could do. …
But as you get into kind of the time frame of the patents, you can now start to do — sell things, you could provide videos. Say, if you had a restaurant, you could have a map, so somebody could say, “Well, where’s your location?” If you had a mobile device, you could get directions, turn-by-turn directions with Google Maps, or at the time, it was MapQuest, right? So you could do turn-by-turn directions.
You could do add to cart, so now you could buy things directly online and have them shipped to you. We take that for granted today, but once upon a time, that was really very much a novel kind of feature or service.
Google Maps, of course, was more than 3 years old in November 2008 (an October 2005 NYT article on mash-ups with Google Maps and JavaScript on the browser). MapQuest was a 1996 sensation. Streaming video via Real Video was available in 1997. As for the inchoate nature of online shopping in 2008, Amazon was a public company and had $18 billion in revenue that year. But the other side’s expert sounded so credible, smart, and sure of himself that I believed him and I have no doubt that the jury did too! (the side that hired me eventually prevailed and did not have to pay the patent owner)
Here’s an exercise for readers: look at the video in “Mormon mom accused of poisoning husband with fentanyl-laced Moscow Mule is seen promoting her kids’ bereavement book a MONTH before she was arrested for his murder” (Daily Mail). The authoress, before being arrested for murder, talks about the “unexpected” death of the person whom, if the police are to be believed, she stuffed full of fentanyl (why did he die rather than simply moving to San Francisco?). Most people are, of course, somewhat nervous when being interviewed on television for the first time. Other than that baseline nervousness you’d expect, can you tell that the husband’s death was perhaps not unexpected for this author?
The book has been memory-holed by Amazon, but not yet by Google:
When we follow the link…
Related:
- “She Wrote of Grief After Her Husband Died. Now She’s Charged in His Murder.” (NYT) (unlike at the Daily Mail, the noble journalists at the NYT do not provide readers with any way to access the interview with the accused murderess)