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Apple v. Samsung - Meet the foreman of the jury

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Re: Apple v. Samsung - Meet the foreman of the jury

#2
I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.)

If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolster the trust one can have in the court system.

Further, it is kinda funny that the foreman of the jury has more technical knowledge than many of the posters on "Hacker News", who seem to have no patents and little understanding of what patents are.

Re: Apple v. Samsung - Meet the foreman of the jury

#4
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

Are you saying that the apple patents are unique inventions? I ask for clarity because that is not a common position on hackernews.

Re: Apple v. Samsung - Meet the foreman of the jury

#5
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

Jurors don't have to be ignorant of a subject to be objective. Further, it's up to the lawyers on both sides to dismiss a juror during selection if they think they'll be biased. They didn't, probably because both sides -- believing they were in the right -- thought that someone with knowledge of patents would ultimately see things their way.

Re: Apple v. Samsung - Meet the foreman of the jury

#6
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

The guy's patent is for a device that simply saves streaming media to a hard-drive and plays it back. Basically a PVR/set-top or video iPod. Is this non-obvious? If anything, this indicates to me someone who's mentality is pro aggressive IP ownership and enforcement. Like having someone who works for the RIAA/MPAA as a juror in a BitTorrent downloading case.

I wonder how the case would have went if it the jury had been assembled from 9 people who have been working on touch interfaces for the last 20 years.

Re: Apple v. Samsung - Meet the foreman of the jury

#7
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

I like Groklaw's comment (http://www.groklaw.net/article.php?story=2012082510525390)

" If it would take a lawyer three days to make sure he understood the terms in the form, how did the jury not need the time to do the same? There were 700 questions, remember, and one thing is plain, that the jury didn't take the time to avoid inconsistencies, one of which resulted in the jury casually throwing numbers around, like $2 million dollars for a nonfringement.

Come on. This is farce. "

Re: Apple v. Samsung - Meet the foreman of the jury

#8
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

Can you explain how patents don't grant a type of legal monopoly? This seems non-obvious to me, and poking around on Wikipedia has only served to reinforce my suspicion that they are.

Re: Apple v. Samsung - Meet the foreman of the jury

#9
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

The guy's patent is for a device that simply saves streaming media to a hard-drive and plays it back. Basically a PVR/set-top or video iPod. Is this non-obvious? If anything, this indicates to me someone who's mentality is pro aggressive IP ownership and enforcement. Like having someone who works for the RIAA/MPAA as a juror in a BitTorrent downloading case. I wonder how the case would have went if it the jury had be…

You seem to imply you've read the patent. Could you find the specific claims and then show us some prior art for them?

Many things become "obvious" after they have entered commercial production, but are not obvious at the time they are invented. The car is obvious now, for instance.

Your comment about the jury assumes there were touch interfaces 20 years ago (of a type relevant to this case.) Apple started in the 1990s, but even Jeff Han is using a completely different method.

This seems to imply that you're confusing patents for a "right to sell a feature". On this site I've seen many claims that Apple's patents are covered by "prior art" but the "art" cited is generally nonsensical (eg: 2001: a space odessy having square tablets) and indicate that people think patents cover ideas or features, rather than inventions used to bring them to life.

Just because the TiVo exists, does not mean that I can't, today, invent a novel method of solving similar problems to the TiVo that is legitimately patentable.

TiVo's existence doesn't make patentable inventions in the same space impossible.

The rotary engine was patentable even though other internal combustion engines were already on the market.

Re: Apple v. Samsung - Meet the foreman of the jury

#10
post #8
post #2

I think this is actually bad news. Since the guy has a patent to his name, that means he understood what patents are. (EG: protection for unique inventions, not monopolies on features or ideas.) If the jury had been completely non-technical, and subjected to the nonsense propaganda you see so much these days (that patents are "trivial" and that they cover ideas) and still found in Apple's favor, then this would bolst…

Can you explain how patents don't grant a type of legal monopoly? This seems non-obvious to me, and poking around on Wikipedia has only served to reinforce my suspicion that they are.

They do grant a type of legal monopoly... but on an invention, not on a feature. So, in my example, Jeff Han demonstrated pinch to zoom using cameras photographing your hans, while Apple has a patent on an invention that lets a screen figure out where your fingers are. They both could be patented and have a legal monopoly on their inventions even though they are the "same thing".

If your objection is to there being a monopoly at all, I can understand that. But please then consider several things- for instance, if this system were abolished then companies like Apple would be obscuring their methods to prevent copying, and their platforms would be more locked down. I think if we lived in a world without patents, many of the anti-IP people would be advocating for a requirement that companies like Apple publish the nature of their inventions.

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