There would be little surprise amongst many of those who have worked with Apple and its principals if the following conversation took place at Apple some time in the past:
"I herein patent the letter 'E' in all its forms and cases. So, therefore all must license 'E' from me."
"No, It cannot be 'E' that is too obvious. Let's make it representative of the self centeredness of our corporate values and make it 'I'."
@Frank: Most touch based GUIs share similar icons interface. I remember seeing a similar interface the Pico handheld (Made in UK - then acquired by PhoenixBIOS around 1995).
Of course so did my Zaurus and my Agenda VR3 & 5.
Bankruptcy courts (and other finely detailed financial transaction courts) aren't allowed to be jury trials except under VERY specific conditions...and they are exceedingly rare.
How is this different? Ask yourself...WHY do bankruptcy courts operate the way they do?
This isn't a "RIGHTS" issue...it is an issue of GETTING IT RIGHT. The ramifications and collateral damge from a bad and not well considered decision is too great.
We'll see if this stands or if it is heavily modified or retried somehow. I think there is appealable error including jury bias (real or implied) and I am sure that Samsung is looking at ALL the options and I wouldn't be surprised if many others are helping them (like the big G).
@hippydog: Jury of peers yes... In other words people who know the subject material. Not lay persons.
A simple example might be: It can be hard to teach some people the difference between having a LED and an incandescent light source. These might not be a peer when one is evaluating if a display back lighting method is violating a patent.
So, "peers" for technically savvy people are seldom the average living person who has a state issued ID card.
what can be said that already hasn't? How about the clear "self interest" that Mr. Hogan had. This is evident by him stating that this made his career! Presumably he is being compensated for his interviews, etc. and will probably be able to turn himself into an "expert witness." Perhaps the light bulb was along the lines of "let's see, if we give a really big verdict, I will become famous!" I also agree that the dark room test represents a very poorly thought out experiment that proves nothing but clearly had a very significant effect on the outcome.
Your opinion and mine, hippydog, seem to be very unpopular, but I agree that this case was a fine example of how well our jury system works.
In another article I read, jury foreman Hogan said the jury was very aware that "Apple can't be a monopoly" and they also felt that dubious patents should not be allowed to stand.
They threw out the claim that Samsung infringed on Apple's most beloved design patent and they clearly were not impressed with Apple's iPad claims. Some of Apple's claimed damages, the jury felt, were worth zero dollars.
Hogan also said he felt that all of the expert witnesses on both sides were paid stooges, and he didn't give a lot of weight to their testimony. Clearly the man is nobody's fool!
Many people are arguing for a complete overhaul of the patent system, or for replacing juries in patent cases with some sort of panel of experts, or who knows, how about a panel of lawyers? Sorry, I'd rather that we citizens not give up our rights to a trial by jury or our rights to sit on a jury, weigh evidence and decide a verdict.
When it was all said and done, the jury essentially told Apple sorry, you're not getting all that you asked for, some of your patents are not as great as you think they are, and hey Samsung, you willfully copied many elements of the iPhone and you should not have done that.
No panel of experts or panel of lawyers could have done nearly as well as this jury of ordinary citizens!
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 ...