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elray
join:2000-12-16
Santa Monica, CA | reply to pnh102
Re: Apple now wants the Galaxy S3 and 10.1 Note banned said by pnh102:I still think there is a good shot of this verdict being thrown out. The jury foreman saying outright that he didn't follow the judge's instructions gives Samsung a good shot of winning on appeal. Also don't forget that the judge did not allow for Samsung to show any claims of prior art. Why wasn't Samsung allowed to defend itself?
Me personally, I'm neutral in this case. I just think it is disturbing that our patent system is so messed up that anyone can literally patent anything that does or doesn't exist, and things like being novel or not having prior art don't seem to matter anymore.
That describes the civil juries I've been on. The docile, friendly centrist guy gets himself nominated foreman before he shows his passive-aggressive nature and the jury-instructions are completely ignored. Juries do what they want to do.
In the Samsung case, the foreman is a (bitter?) patent-holder, able to serve as the insider expert witness and coach for the rest of the jury. Bias much?
I don't put it past Samsung or any other Asian firm to literally copy, counterfeit, beg, borrow or steal others' work. We've seen enough over the years to understand that those business cultures allow for it (as does ours, in some instances).
But it mystifies me how a rectangle with rounded edges, or a finger swipe on a *touchscreen* are considered patentable innovation.
Samsung has plenty of grounds for appeal, but what are the odds all of the appellate justices use iPhones? | | |
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| it really should not matter. Jury foreman can be corrupt but this guy went and hung himself by saying, among other things, that he disobeyed jury duty by saying they were going to punish samsung.
Its like a guy who disobeys the law bragging about it on twitter. You could've gotten away with it, now everyone knows the jury is corrupt. | |
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