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Slideshow: The jury's job in Apple vs. Samsung

8/22/2012 01:30 AM EDT
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fmotta
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re: Slideshow: The jury's job in Apple vs. Samsung
fmotta   8/22/2012 10:23:08 PM
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Gotta love the requirement of "level of education". The most innovative ideas I have seen have come from people who were not taught what you cannot do via the education system and were free to learn what could be done using their imagination and ingenuity. In other words these were the strikers out there who educated themselves by success or failure rather than presuming that all of their educators did not limit their curriculum to the content and included what is probable as well.

The MicroMan
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re: Slideshow: The jury's job in Apple vs. Samsung
The MicroMan   8/22/2012 10:20:11 PM
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I'm not sure I even know what "preponderance" means. It's one of those legal terms that I've never heard except in TV and movie courts. "Honey, I find a preponderance of the shoes sold at Macy's to be in our closet." I'm a normal intelligent human and have never heard the term "trade dress" unless two little girls were playing dress-up. The jury instructions also act like the common citizen has great knowledge of antitrust laws and contractual obligations. I have an opinion, but wouldn't claim to understand the laws regarding either, legally. Maybe that's summarized in the other 90 pages. Will the jurors be given a Labor Day, Thanksgiving, and Christmas break?

The MicroMan
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re: Slideshow: The jury's job in Apple vs. Samsung
The MicroMan   8/22/2012 9:43:31 PM
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The LAST thing you want is your cell phone bill charged in bytes-of-transmitted-data. With 1080p video and 16MP images flowing back and forth you'll max out the plan (or your wallet) in no time - and we'll all be thrown back to txt msg and tweets in 140 character spaces. As it is we're fighting the ISPs to not charge us by the megabyte. Far worse is the utility companies wanting to charge more for electricity drawn during peak hours (yet they don't give it to you for free at 3am!) Next thing the gas station will charge more to fill up between 4 and 6 when the pumps are all busy - I don't want that either, even tho I've come to expect 30c of popcorn to cost $5 at the cinema and 25c of Coke to cost $5 at the ball park.

old account Frank Eory
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re: Slideshow: The jury's job in Apple vs. Samsung
old account Frank Eory   8/22/2012 8:49:23 PM
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"and having both pieces of prior art before him, it would be obvious to a person with ordinary skill to combine them to achieve the desired result." Larry, I think you just described the majority of U.S. patents issued in recent years.

old account Frank Eory
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re: Slideshow: The jury's job in Apple vs. Samsung
old account Frank Eory   8/22/2012 8:10:50 PM
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Most tech-savvy consumers understand that it's all just data, whether that data represents a voice call, a text message, a photo, a video or a website. Verizon is moving in the direction you want -- a flat fee per device and just pay for data. But you still have to guess in advance how much data you think you will need per month.

selinz
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re: Slideshow: The jury's job in Apple vs. Samsung
selinz   8/22/2012 7:45:16 PM
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It seems as though these instructions are extraordinarily detailed and essentially pigeon holes the jurors to award cash. I wonder how much help the judge had in generating these instructions?

Larry M
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re: Slideshow: The jury's job in Apple vs. Samsung
Larry M   8/22/2012 7:36:01 PM
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Rick, Obviousness is a "term of art" in this field. You cannot interpret it using the simple dictionary definition. Some of the most elegant inventions are the simplest to understand, and there is a strong temptation among the unschooled to point at those and say "Oh, that's obvious." The description in this field which you included on the first page of the article is straightforward. Let me illustrate by example. Suppose you submitted a patent application for a squeeze-bulb horn which clamps onto the tubular handle of a coaster wagon. The patent examiner is not allowed to dismiss your application by stating "Oh, that's obvious." But he can show you two pieces of prior art: a horn which clamps to the handlebar of a bicycle and a coaster wagon with a tubular handle, both of which predate your invention. The examiner can state that given the problem of needing a horn on a coaster wagon, and having both pieces of prior art before him, it would be obvious to a person with ordinary skill to combine them to achieve the desired result.

smudla
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re: Slideshow: The jury's job in Apple vs. Samsung
smudla   8/22/2012 7:34:12 PM
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I just hope that the Jury has been selected very carefuly avoiding opiniated people like you Charles.

Larry M
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re: Slideshow: The jury's job in Apple vs. Samsung
Larry M   8/22/2012 7:28:38 PM
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No, they are not all design patents. See the list in Instruction 18 (page 4 of this article).

DrFPGA
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re: Slideshow: The jury's job in Apple vs. Samsung
DrFPGA   8/22/2012 7:18:19 PM
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Be warned. This result could create an incredible expansion of similar types of lawsuits. Once lawyers $mell the blood in the water...

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