I agree with you. I am an Engineer with 10 US Patents and over 40 International Patents. I have never been chosen to serve on a Jury after making those terms clear. They just don't want me at all, no matter what the case is.
Hogan has some experience with his own patents, but in relating those experience to the other jurors, he brought into the deliberation facts that were not presented at trial. An appellate court might, as a result, set aside the verdict.
Additionally, there have been other rectangular shaped cell phones with rounded corners that received design patents long before Apple. In particular, Qualcomm designed, patented, and manufactured its PDQ phone around 2000, which resembled the iPhone in those key respects. Why Samsung never apparently mentioned this at trial is a mystery. But another manufacturer on the receiving end of a similar lawsuit might. . .
Some things are natural and intuitive. When something is obvious or not new it is not ususlly patented unless it is unexpected. I find all this hype rather dole because the action resonse paradigm is neither new or unexpected.
I agree completely. This was the fullfilment of absolute stupidity with an insane award amount! Saying that there was an infringement because the corners are rounded, the screen was black and your use your fingers to operate it!! We should have thrown Apple out for whinning too much, like Europe and Korea did. If ever I was considering buying an i-anything product that's not going to happen now! Samsung should wash their hands of the US and happily sell there products to the rest of the planet.
Something about this whole thing doesn't set well with me. I can understand protecting trademarks, logos, etc. A company selling hand-held devices called Applet would have a hard time and rightfully so. Hardware that performs a unique and innovative function. Good here too. A rectangle with rounded corners?? Oh, puleeze. The actions of icons, motions, finger sweeps and so on, the patent office was foolish to issue those. Unfortunately, our Congress hasn't given the USPTO much to work with. Unfortunately, people have learned to use IP like a club to beat down your competitors much to the detriment of the consumer. We are the ones who lose from all this. Just remember that, next time you pay a premium price for that iWhatever. Some things deserve protection, most of what gets a patent number these days, does not.
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