I am one of those engineers who was interested in the outcome but wondered about the entire process (patents, legal issues, fallout post verdict). At some point I wonder if the patent process has gotten out of hand, can I patent the "rectangular device providing audio to wireless communications"? I wonder how generic the patent claims were and if they were "reasonable" ones? The definition of reasonable can be debated but for my purposes it does not seem reasonable to be able to patent say any typical shape of wireless phone or the use of the keyboard (touch or other) as the keyboard and number pads have been around in one version or another. I do think that innovation should be protected, the particular finger gestures could be patented but the use of fingers should not. There has to be a balance and reason in the patents and their claims.
I believe that Samsung and Apple did NOT have a "jury of their peers". There is NO WAY this jury could have possibly understood the technical information required to render a just verdict. I am not saying infringement didn't occur...what I AM saying is that the jury most likely had NO idea what they were hearing or what it meant.
This case was too big and the ramifincations too great to allow a standard jury to make the decision. Apple had to know this going in. It became ALL about the "SHOW" and not the "FACTS". The lawyers' job was to put on a good enough show to sway the jury...not truly about technical merit and legitimacy of the patents.
The two key issues here were the merit of the patents and the damages if the patents were violated. You need two different groups of skilled experts to determine these points...and they need more than THREE DAYS. I mean really...THREE DAYS? This decision smacks of capitulation and just wanting to "go home". Something like..."Well I THINK Samsung did bad things so how about a billion dollars and we call it a day?"
We need some kind of reform in this process. These kinds of things drive me nuts. It KILLS the innovative process and it is CLEAR that Apple has its sights on Android as the target and will be going after Google next...especially once they introduce the Google mobile phone. I'm sure they are warming up to go after the Nexus tablet right now. You are witnessing a monopoly in the making and after ALL the lessons learned from AT&T and Microsoft...the courts are allowing it to happen again. Soon, there will be no choices left for the consumer. I find this sad...
That is a great point what you have raised...were the jury members qualified to understand the real technical matters in this case? May be I don't have much knowledge about the system and it's not correct for me to comment but I really don't understand how the legal guys understand technical stuffs and make judgment.
Proof that the jury was under-qualified: They found Samsung's STANDARDS ESSENTIAL patents to be valid AND that Samsung did NOTHING WRONG in the standards process in getting these into the standard, yet found Apple to NOT BE INFRINGING. I'll say it again, STANDARDS ESSENTIAL.
I recall seeing a cover article somewhere: "The Patent: Invention of the Decade" or some such. Drawing a line in the sand and saying, "This is ours" may just be a way of prompting the industry to say, "OK, any stuff outside your line isn't yours. Now, here is our new industry-standard stuff."
Apple cut itself off once before, and Macs gobbled up a whopping 5% of the market.
I'm not sure how much of the iPhone is actually patentable. WYSIWYG? Nope - Xerox ALTO. Keyboard on a screen? Wireless data connection to servers? Nope - Alan Kay described them as part of the DynaBook idea developed at Xerox PARC using ARPA contract funds. The Palm Pilot surely covered a lot of PDA features.
Can the iPhone look-and-feel be copyrighted or trademarked? Maybe, but DID THEY ACTUALLY DO IT?
Multi-touch? Did MINORITY REPORT show Tom Cruise using a similar thing (without touching a surface, of course)? Was that before or after iPhone? Was there any other prior art?
Back before political correctness, we called it "Chinese engineering": identify the selling points in a product, and bring an equivalent to market for less.
I don't know if Android itself has anything to fear. Coming up with a new way of manipulating the GUI will take effort, but it's do-able, and I'd love to see the industry stomp Apple for their hubris. IMHO the only thing they got really right was the iPhone App Store.
Samsung owns many key patents on LTE far more than Apple bought from Nortel, many of them are not part of FRAND. If Apple wants iPhone 5 on LTE, they may have to pay additional royalty to Samsung.
The front page of the SJ Mercuty had an interview with the jury foreman who is a retired engineer who had written patents himself. I was impressed by his knowledge. He apparently owns no Apple products and considers them overpriced.
"Or will purchases of Galaxy handsets and tabs go up in sympathy with what some may see as a (very big) underdog beaten down by the world’s most valuable company"
World's most valuable company? Maybe in the sense of most profitable? It doesn't keep the power up during a storm, it doesn't provide drinking water, it doesn't prevent accidents from happening (more the other way around), it doesn't even provide a significant portion of the computing power used by utilities, businesses, or the military. It's kind of laughable to call Apple the most valuable company in the world, where the value is in hand held gadgets used mostly for entertainment, is it not?
No question what this law suit did for me. It reinforced my unwillingness to buy any of their products. That's how valuable I've found them to be in the past.
But on the court case coverage, I'm seeing inconsistencies. For example, in one article, you state that the jury found the Apple's look and feel infringement argument invalid, but in other articles, supposedly that was an Apple vistory. On the question of prior art, in one article I see that the judge could not allow such claims because they arrived too late, and in other articles the expert witnesses could not convince the jury that prior art existed or mattered. Or maybe the problem is that some of these apply to pads and not to phones?
I frankly don't know how a patent infringement case can be decided if prior art isn't given a lot of emphasis. Especially in cases involving Apple, who have always leveraged their products on prior art.
My Mom the Radio Star Max MaxfieldPost a comment I've said it before and I'll say it again -- it's a funny old world when you come to think about it. Last Friday lunchtime, for example, I received an email from Tim Levell, the editor for ...
A Book For All Reasons Bernard Cole1 Comment Robert Oshana's recent book "Software Engineering for Embedded Systems (Newnes/Elsevier)," written and edited with Mark Kraeling, is a 'book for all reasons.' At almost 1,200 pages, it ...