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Apple Wins Patent Ruling As Jury Finds Samsung Infringes

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Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#171

Post by mbreese »

angryasian wrote: post #92
nikic wrote: post #58

Earlier quoted context omitted.

I don't think that this is the judges fault. The law (at least to some degree) dictates the decision. If that decision is not good for the general public, then it is the law that needs change. (And we all agree that it does.)

she did make many decisions through out the trial as to what was admissible and not admissible , so she did effect the outcome.

By that argument, Samsung's lawyers are more at fault by not following the predefined rules for submitting evidence. In this case, the judge setup the rules, and it was up to the parties to play by them.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#172

Post by notatoad »

barista wrote: post #5

It feels good when the judgments reflect what is a common sense to a reasonable person. Glad the common sense prevailed here. It was obvious that the android devices were copied from iPhones.

It was obvious that samsung tried to make their devices look and feel like apple devices. what isn't obvious is why apple should have exclusive ownership over things making a stretching gesture with your fingers to make something bigger. not only were they not the first to implement it, it is entirely a natural movement and is not something that should be anybody's property.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#174

Post by recoiledsnake »

shinratdr wrote: post #148
goggles99 wrote: post #49

Earlier quoted context omitted.

Tell me something. If you took all the apps and app developers from the IOS App Store and traded them for all that WebOS, BlackBerry, Or windows 8 has... How would sales change in the next year??? Throw in Apple's marketing crew to trade as well. Isn't that an interesting notion? Is suggestion that these are "bad smartphones" coming from their lack of sales? This is a false dichotomy. If not - please provide data tha…

> It is not the phones or OS that makes IOS outsell the other companies mentioned - It is the apps and the marketing. So nobody buys an iPhone because of how responsive iOS is or how well the iPhone is designed? Give me a break. Also, it's "iOS". IOS is the Cisco router OS.

By that metric, OS X and Linux are bad operating systems because they don't sell/run anywhere as much as Windows does.

Windows must be superior in every way because it sells more, the other OSes are just bad?

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#175

Post by vesky »

siglesias wrote: post #35
lubos wrote: post #4

I was shocked to learn this case is basically being decided by people who have no idea what they are really deciding on. Here is the jury according to techcrunch 1. An electrical engineer 2. A homemaker 3. A construction worker 4. A young unemployed man who likes video games 5. An insurance agent 6. An ex-Navy avionics technician 7. A store operations manager for a cycling retailer 8. A project manager for wireless c…

Knowing this audience, I'll probably get downvoted, but I'll say it anyway. That's rather cynical. This is precisely the kind of trial that doesn't require expert thinking because most of what is up for debate is whether Samsung willfully attempted to fool customers into thinking that their products were just like an iPhone by copying the trade dress. And determining such a thing is a matter of common sense. This rem…

Reports already show that the jurors had not idea what they were doing. Many of the claims they made had no actual basis of infringement.

This reeks heavily of people that had little idea about how the system actually works and gave verdicts that were more speculative rather than grounded and based on hard acts of actual infringement.

http://techcrunch.com/2012/08/24/hang-on-a-minute-jurors-awa...

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#176

Post by mbreese »

nsp wrote: post #150
nikcub wrote: post #127

Earlier quoted context omitted.

The fact is that there is no lawsuit between Microsoft and Apple despite almost everybody else in the mobile industry suing everybody else[1] [1] http://i-cdn.phonearena.com/images/articles/53157-image/Web-...

The more plausible reason Apple doesn't sue Microsoft is their lack of success in the space. Windows Phone has negligible marketshare and almost certainly loses money given the huge upfront costs of building an operating system and software ecosystem. It'd be hard for Apple to claim they lost a significant amount of revenue or sales from Windows Phone IP theft.

The more plausible reason is that Apple and Microsoft have a cross-licensing agreement that covers these patents. So long as Microsoft doesn't make something that looks like an iPhone or iPad, they should be in the clear.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#177

Post by magicalist »

nirvana wrote: post #168
magicalist wrote: post #138

Earlier quoted context omitted.

Does anyone know why Jeff Han's work was not emphasized more as prior art? (there was also more at the time, but I can't recall specifics now). > If we had patents on desktop GUI user input standards like right click, ctrl key modifiers like ctrl-scroll to zoom, etc. then using computers would be a much bigger PITA. This is the key right here. I don't think everyone fully understands what is happening around these UI…

There is a big misunderstanding of patents. Patents don't cover ideas, but inventions. "Pinch to zoom" is a feature, and the idea of doing that is not patentable by Apple or Jeff Han. It is the implementation that is patentable, and Apple's touch technology is very different from Jeff Hans'. It's quite possible that both could legitimately patent their inventions.... just as the rotory and the piston engines can both…

See my sibling post for the actual claim. The distinction you make is exactly the problem with software patents: the way they can be written (and apparently enforced), they are covering ideas, not inventions.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#178

Post by jfb »

sriramk wrote: post #50

If you're a startup and even if you're philosophically opposed to software patents, think about hiring a good IP law firm and filing for your core IP. What these trials and massive licensing deals are showing that patents could make a world of difference to your options as a tech company.

I've been kicking around a business idea related to patent licensing for small companies -- acting as a market maker for companies to offer their patents for license for a fixed price and term. I'm no great fan of the way the IP laws work in the US, but I don't perceive much real noise for change from the people who have the ability to do so, so might as well provide a sane service to minimize the chances of some poor dumb bastard getting sued out of her shorts for unknowingly infringing on some dumb-ass software patent. This decision is mostly just ammo for the pro- side of my brain.

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#179

Post by taligent »

nitrogen wrote: post #152
taligent wrote: post #60

Earlier quoted context omitted.

Looking forward to plenty of truly dumb, ignorant comments like this in the future. You do know that a jury made this decision, right ?

I don't care how strongly you disagree, ad homs like "dumb" and "ignorant" have no place on a civil discussion forum. Please stop being so inflammatory.

Firstly, it isn't an ad hominem attack. I said the comment was dumb and ignorant. I didn't say he was.

Secondly, the comment is taken of context because shawnee keeps editing and deleting comments.

Thirdly, what is worse than having inflammatory comments is one like these from people who aren't actually contributing to the discussion. Is there a need to be so condescending ?

Re: Apple Wins Patent Ruling As Jury Finds Samsung Infringes

#180

Post by mbreese »

vesky wrote: post #175
siglesias wrote: post #35

Earlier quoted context omitted.

Knowing this audience, I'll probably get downvoted, but I'll say it anyway. That's rather cynical. This is precisely the kind of trial that doesn't require expert thinking because most of what is up for debate is whether Samsung willfully attempted to fool customers into thinking that their products were just like an iPhone by copying the trade dress. And determining such a thing is a matter of common sense. This rem…

Reports already show that the jurors had not idea what they were doing. Many of the claims they made had no actual basis of infringement. This reeks heavily of people that had little idea about how the system actually works and gave verdicts that were more speculative rather than grounded and based on hard acts of actual infringement. http://techcrunch.com/2012/08/24/hang-on-a-minute-jurors-awa...

Honest question: Would you have the same opinion if the jury decided the other way?
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