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Samsung Sidesteps Galaxy Nexus Ban

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It begins...

deepskyblue

Oct 12, 2012, 8:22 AM
The is just the beginning of what will eventually be a complete reversal of everything that came out that California District court.

I'm sure this news comes are quite a shock to haggard and bluecoyote...
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srich27

Oct 12, 2012, 9:44 AM
I thought the reversal of the Galaxy Tab 10.1 ban a couple days ago was the beginning of that? This is more of a continuation. How many other devices currently have a ban on them? I don't think the big set of bans ever got implemented, right?

Bluecoyote will definitely throw a tantrum if this continues, but give Haggard a little credit. He's an Apple fan, but not a rabbid fanboy.
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deepskyblue

Oct 12, 2012, 10:34 AM
Well, the reversal of the Tab ban was actually part of the California trial, the injunction was reversed because the jury found it didn't infirnge.

The would be the first reversal of one of the rulings from that trial.

The big injunction (up to 28 devices now I think) will be ruled on in December, that ruling is still a part of the California Dist Court, not the court of appeals that reversed this.

To my knowlege, this was the only samsung device that currently had an import ban on it, so that number has now become zero.

I have nothing against haggard, I just think he's wrong in thinking that samsung is guilty.
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srich27

Oct 12, 2012, 10:41 AM
Thanks for clearing that up Smile Its been a little hard keeping track of the various trials and which devices fell under which trial, and which were banned/unbanned/attempting to get banned, etc. @_@
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T Bone

Oct 12, 2012, 11:03 AM
Well....according to the technicalities of the law as it is written, Samsung is technically 'guilty'.....which is why the jury had no choice but to reach the verdict they did, the law is simply immoral and corrupt......
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deepskyblue

Oct 12, 2012, 12:29 PM
No.

The law says that you cannot patent something if you didn't invent it. If a claimed invention has been used before or even written about, this is called prior art, which invalidates a claimed patent.

Those are the technicalities of the law, at least the main ones involved in this case.

All of the patents involved in this trial are for items that have been around much longer than iPhone.

Apple got lucky and the jury misinterpreted the laws. They won't get that lucky on appeal.
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T Bone

Oct 14, 2012, 4:04 PM
There is a proper legal procedure that has to be followed to invalidate a patent, neither a judge nor a jury can just arbitrarily decree that a patent is null and void....they have to follow the proper procedure....
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Haggard

Oct 14, 2012, 10:01 AM
You do know the lawsuit in Korea was split 50-50, so they were still found guilty on half of the complaints, right?

The current situation is, they were found guilty in the US by the courts ruling. Personal opinion doesn't really matter anymore when the current ruling is they were found guilty..


It's kind of like that Casey Anthony case, she was found not guilty, but everyone still feels shes guilty and hate her even more now because she was found not guilty.
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deepskyblue

Oct 14, 2012, 11:36 AM
Korea is another lower court ruling which will likely be changed as both companies go through the appeals process.

The only patent they found Samsung violated there is for bounceback. Samasung was found guilty of infringing on six patents in California.

I think you're implying that since another lower court found Samsung had infringed on a single patent that it somehow validates California, this is not the case.

There are already six finished cases that have been appealed out in Japan, Germany, Holland, Italy, France and England. Apple lost them all and was even caught submitting doctored photos of Samsung's phones as evidence is several of them.


If anyone is guilty here it's Apple, they knowingly used Samsung's sta...
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Haggard

Oct 14, 2012, 12:09 PM
Haggard said:The current situation is, they were found guilty in the US by the courts ruling. Personal opinion doesn't really matter anymore when the current ruling is they were found guilty ..


Eh?

I'm still not going to care if any of it gets changed. It doesn't benefit or affect me in any shape or form. You do know Samsung had evidence linking itself to attempting to copy a few of iOS functions, right?

Not trying to argue here, just saying, the courts opinions are the only ones that matter, as they are the ones to decide what is what.
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deepskyblue

Oct 14, 2012, 4:14 PM
I am familiar the email evidence about iOS features Samsung wanted to incorporate into their phones.

Wanting to incorporate features a competitor offers is not a legal test for patentability or patent infringement.

There were similar emails from Apple from the development of the original iPhone that indicate that their design was based on phones from Sony. These emails were not presented in the California case, because Samsung allegedly missed some filing window that was only referenced in the judges tentative orders at the beginning of the trial. One of many, many issues with the trial that will result in the verdict being overturned.

The emails are not a smoking gun.

The smoking gun is that Apple's utility patents are for t...
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T Bone

Oct 14, 2012, 12:41 PM
"You say personal opinion doesn't matter, they were found guilty. Do you really believe that this case is finished?"

Well...I don't REALLY want to go there but.....if a jury verdict is all that matters.....then does this mean that OJ Simpson is actually innocent? Even some of the jurors in the first case said their decision was based on the law, they acquitted because their interpretation of the law said they had to acquit, not because they thought he didn't do it...
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Haggard

Oct 14, 2012, 9:39 AM
Erm, I've never agreed with devices being blocked from being sold..

Here's my input on Microsofts license issue with Motorola and 360's potentially being banned in the US..
http://www.phonescoop.com/articles/discuss.php?fm=m& ... »
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