At one point, “we picked one juror to chose each [accused] product, turning it on close to his chest in a darkened jury room and not telling us which one it was. He turned one [device] around quickly and then another and then both--it absolutely made it clear” whether the devices infringed or not, he said.
Hardly sounds like a valid test to me. Lights low, flash a playing card at 5 feet, which card was it? Phones are meant to be held in your hand, they are designed to be held in your hand. People don't use phones any other way.
"we picked one juror to chose each [accused] product, turning it on close to his chest in a darkened jury room and not telling us which one it was. He turned one [device] around quickly and then another and then both--it absolutely made it clear” whether the devices infringed or not, he said." ..
These guys absolutely made it clear they're not qualified for this trial.. I wonder whether they can do the same for Macbook and other window notebook in the darkened room, where macbook has it's own trade dress claim. if cannot say one to another, then macbook also infringes look and feel of other notebook??
Actually, the tablet you refer to was one of the prior art items Samsung introduced in the case.
The jury decided none of the Samsung tablets infringed because the design was significantly different from the iPad design patent.
This is a crazy verdict, some of the patents in question are to do with finger scrolling, tap to zoom, pinch to zoom etc ('381 included)... Companies other than samsung have implemented these interactions and more in other devices over the years but unlike apple they have never seen fit to patent them as they just made sense!
If you can patent these "obvious" interactions then you might as well patent the light switch on the wall and make all other manufacturers pay out for that too!
This decision was a stupid verdict which as usual in all patent disputes will likely end up simply costing the end consumer more. Yes samsung copied apple in terms of the UI and the device shape but who does'nt copy or directly compare against competitor products anymore to get an edge on the competition! Designs are copied and improved upon each and every day in the world - car manufacturers for example are building more and more hybrid vehicles, they all copy the same basic principle but are implemented by independent companies, why is that not considered a patent breach? It is madness that companies like apple can patent these seemingly obvious and uncomplicated interactions and then through moronic actions like this court case and the stupid decisions of the jurors they can win!
Absolute stupidity, apple should be slapped on the hand for patenting these in the first place and the patents should be cancelled. Samsung should be slapped for being dumb enough to directly copy apple mind you I doubt it did not hurt/impact apple in any way so 1 billion reward is insane!
Another case of grand patent wars (and apple) stifling innovation. Also the 8 devices that apple are seeking to ban are no longer sold in the USA, they are old devices so this is clearly apples "I told you so now pay up" moment!
Many innovations seem obvious after you see them. If pinch and un-pinch for zooming in & out are so obvious, and the bounce-back when scrolling to the edge of a page is so obvious, then where is the prior art? You said other devices implemented these interactions over the years, but nobody bothered to patent them.
Which other devices? I'm curious, because I believe if you took a poll of millions of consumer electronics users and asked them about these features or interactions, the majority would say they first saw that on an Apple product.
It's pretty interesting to me that this engineer and inventor made it to the jury. I've heard previously that engineers are nearly always excused from juries because the lawyers don't want their analytical minds involved. Here's a guy who has his own experience both inventing things and patenting them.
People who went through the process of getting a patent are completely biased. If patents weren't weapons to use against potential "enemies" then going through the process was stupid. People don't want THEIR decisions to be stupid so they will defend others who made the same decisions.
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