Samsung Sidesteps Galaxy Nexus Ban
I'm sure this news comes are quite a shock to haggard and bluecoyote...
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.
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.
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.
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.
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...
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 ..
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.
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...
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...
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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