Verdict reached in Apple-Samsung trial

[dibl]

http://www.cnn.com/2012/08/24/tech/mobile/apple-samsung-verdict/index.html?hpt=hp_t1

Patent Lawers, 1 Consumers, 0

[Teunis]

Indeed a sad state of affairs.
Now I hope Samsung has the balls to continue shipping their devises to regions with saner patent laws.
And where 'justice' is in highly specialised cases like this one not dished out by a bunch of inept and clueless volunteers called a jury.

[Arran]

I still remember Microsoft who wanted some ten years ago get the word «windows» copyrighted. Luckily M$ could be convinced to retire their idea, because with the exception of a few million $ for lawyers, they would never have got an OK. Perhaps in a Banana republic or in a fourth world dictatorship, but not in any other state.

Furthermore I can not understand that such a case can be decided by a jury of lay people. The good news is probably that the rest of the world will not accept this rule.

If I would be Samsung, I would close up my trading in the US and not pay a single penny there. But opening a Samsung shop in all important Airport-Departures and selling my phones and tablets with a good discount to all US-bound passengers.

[GreyGeek]

.....
If I would be Samsung, I would close up my trading in the US and not pay a single penny there. But opening a Samsung shop in all important Airport-Departures and selling my phones and tablets with a good discount to all US-bound passengers.

You fail to understand how corrupt our political and judicial system is. Apple lawyers would probably be directing swat team at international airports to search all arriving passengers and luggage for "contraband" Samsung devices, just like they did when they directed the police during a raid on the Gizmo offices. And then there are the "TripsForJudges" which amount to corporations sending judges to "seminars" at resort locations, all expenses paid, where they are taught how to circumvent US law to favor corporate interests.

I have had a lot of experience with our legal system. As far as juries are concerned, most citizens do NOT volunteer for jury duty, they are conscripted under penalty of law, threatened with fines and/or jail terms if they do not appear. Usually 36 are rounded up and then during jury selection each side gets to toss a dozen. What is left are, collectively, the dumbest and least educated of the 36, unless by fate the remaining 12 happen to contain educated people. Apparently Samsung was not so lucky. As I've pointed out elsewhere, there were 700 questions the jury was given to decide. They took less than 18 hours of "deliberation". If 30 seconds were used to read each question that left only 60 seconds for discussion/debate before they voted. That says it all about their "deliberations".

[dibl]

As far as juries are concerned, most citizens do NOT volunteer for jury duty, they are conscripted under penalty of law, threatened with fines and/or jail terms if they do not appear.

This I agree with. Having recently served on a jury trying a felony case, I can attest that the other eleven were well-intentioned citizens of the community, of varying levels of sophistication and education, and we gave the judge the best service we could -- I believe we achieved a fair result.

However, putting average citizens in the jury box and asking them to deal with patent law is a hysterical miscarriage. U.S. patent law is over the heads of about 97% of the population, mainly because it is too complex and irrational to be easily understood. It needs to be totally ripped out and replaced with something that makes sense for both inventors and consumers.

[soapbox]BTW, software source code is NOT an invention, IMO, it is a "work of authorship" and should be protected by copyright, not by patent law. Here we have yet another example of why this true.[/soapbox]

[SecretCode]

there were 700 questions the jury was given to decide. They took less than 18 hours of "deliberation".

Indeed, that says it all ...

[GreyGeek]

The is the most lucid explanation I have read on why Apple has shot itself in the foot by "winning" the lawsuit.
https://plus.google.com/u/0/11447689...ts/246srfbqg6G

.. Now, the punchline:

I'm writing this post after the FOURTH group of Starbucks patrons have made the connection that Samsung is now the same as Apple. They don't know the details, they don't really care, what they know is Apple is saying that Samsung is the same as Apple ... and with one simple Google Search, you get prices that are basically half for what seems to be the same products -- for nearly everything.

Two of these groups (including the husband/wife) asked me about my Samsung laptop, the second group noticed my Galaxy phone (also by Samsung)... Best billion dollar ad-campaign Samsung ever had.

[GreyGeek]

Well, Groklaw weighed in on the case and, as usual, JP's keen insight and factual reporting laid many things bare.

http://www.groklaw.net/article.php?s...12082510525390

This story is far from over, in other words, and while Apple's CEO, Tim Cook, waxed philosophical about the trial, and saying that it was about values, not money, one important US value is that the jury fulfill its responsibilities, one of which is to read and make sure they understand and follow the jury instructions they are given. I believe Cook would agree that trials are supposed to be fair, with everyone doing their part. If this jury thought they knew the right result without instructions, and if they hurried so much they made glaring mistakes, and they did, and all in Apple's favor, something isn't right in this picture. As the legal blog, Above the Law expressed it:

Here’s the thing, ladies and gentlemen of the Apple v. Samsung jury: It would take me more than three days to understand all the terms in the verdict! Much less come to a legally binding decision on all of these separate issues. Did you guys just flip a coin?

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.
Professor Michael Risch points out an even worse inconsistency:

How did the Galaxy Tab escape design patent infringement? This was the only device to be preliminarily enjoined (on appeal no less), and yet it was the one of the few devices to be spared the sledgehammer. And, by the way, it looks an awful lot like an iPad. Yet the Epic 4G, a phone I own (uh oh, Apple’s coming after me) — which has a slide out keyboard, a curved top and bottom, 4 buttons on the bottom, the word Samsung printed across the top, buttons in different places (and I know this because I look in all the wrong places on my wife’s iTouch), a differently shaped speaker, a differently placed camera, etc. — that device infringes the iPhone design patents....Relatedly, the ability to get a design patent on a user interface implies that design patent law is broken. This, to me, is the Supreme Court issue in this case. We can dicker about the “facts” of point 2, but whether you can stop all people from having square icons in rows of 4 with a dock is something that I thought we settled in Lotus v. Borland 15 years ago. I commend Apple for finding a way around basic UI law, but this type of ruling cannot stand.

This is the second lawyer I've seen predicting this case will go all the way to the US Supreme Court. He also compliments Groklaw for having "not only really detailed information, but really accurate information, and actual source documents. That combination is hard to find." Thank you.
...

The article continues with quotes from some of the jurors, which are contradictory and also admit to assigning "damages" contrary to the purpose for "damages" in actions such as these. Samsung has more than enough ammunition to get this ruling tossed on appeal.

This graphic says it all:

[NickStone]

You fail to understand how corrupt our political and judicial system is. Apple lawyers would probably be directing swat team at international airports to search all arriving passengers and luggage for "contraband" Samsung devices, just like they did when they directed the police during a raid on the Gizmo offices. And then there are the "TripsForJudges" which amount to corporations sending judges to "seminars" at resort locations, all expenses paid, where they are taught how to circumvent US law to favor corporate interests.

If this is true, you have one hell of a corrupt legal system over there. Can you imagine getting a sentence of life or death then finding out the judge who gave you the sentence was corrupt?

[Arran]

This happens quite frequently, also in the UK. Alone last year we had about 10 convictions slashed and the prisoner released with substantial damages paid. Main problem are the media, especially the popular ones, who do condemn people without deeper knowledge or just for fun (and lineage money).

[GreyGeek]

If this is true, you have one hell of a corrupt legal system over there. Can you imagine getting a sentence of life or death then finding out the judge who gave you the sentence was corrupt?

It has happened more times that you would imagine: http://lmgtfy.com/?q=death+penalty+judicial+misconduct

[GreyGeek]

This happens quite frequently, also in the UK. Alone last year we had about 10 convictions slashed and the prisoner released with substantial damages paid. Main problem are the media, especially the popular ones, who do condemn people without deeper knowledge or just for fun (and lineage money).

Same here. People are tried and convicted in the court of public opinion on the flimsiest of evidence. A LOT of the "leaks" to the press are deliberate attempts by both sides to control public opinion. Political Correctness has run amok.

[Snowhog]

Political Correctness has run amok.

Which of course, highlights what 'PC' really stands for: Pure Crap.

[woodsmoke]

LOL
a) I've been called three times an when I say I am a teacher I am dismissed "for cause". lol

b) as to an interface for a phone, there is still my calypso menu app! lol. Actually a french company tried to implement it many years ago, but I don't know the results.

woodsmoke