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.
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.
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...
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.
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