On To The Appeal... As Judge Basically Keeps Everything As Is In Apple/Samsung Patent Dispute
from the get-this-show-on-the-road dept
This probably isn't a huge surprise, but Judge Lucy Koh has basically decided not to do anything at all about the various attempts by both Samsung and Apple to change the overall impact of the initial jury ruling. That is, she rejected Samsung's call for a new trial or to overturn the jury's findings. She also rejected Samsung's attempt to invalidate some of the patents. On Apple's side, she rejected Apple's request to pump up the award amount for "willful" infringement, claiming that there's no evidence that Samsung's actions were willful, since it showed evidence of why it really believed that there was prior art invalidating Apple's key patents. Oh yeah, and then there's this lovely sentence:Given that Apple has not clearly shown how it has in fact been undercompensated for the losses it has suffered due to Samsung’s dilution of its trade dress, this Court, in its discretion, does not find a damages enhancement to be appropriate.To paraphrase: "the jury basically handed you a billion dollars, and you're still complaining?!?" All of this, of course, was just the appetizer. Now we move on to the appeals process, meaning we've probably got a few more years of this to deal with, unless the two sides decide to shut up and settle.
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You're outa here!
PJ addresses the part where Koh didn't really mention the strange theories that Messr. Hogan introduced as jury foreman.
I think Koh REALLY, really wanted to get this out of her courtroom. At this point, nothing she did could have turned out right anyway.
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it's the business mode and not the patents, silly
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Re: it's the business mode and not the patents, silly
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Response to: Anonymous Coward on Jan 30th, 2013 @ 9:24pm
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The iPhone was the vanguard. Now it's just a plain common phone with all the disadvantages of a locked environment. Apple lives on the insanity and ignorance of their fanboys and the fact that they did build a huge 3rd-party market of accessories to their gadgets. Nothing more.
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Re:
If mobile phones were Apple's core market then I would say they are in trouble, but that's not their core market at all.
Personally, I like OSX more than Windows, which is the only reason I'm still an Apple fan, but I'm not interested in the iPad or iPhone at all. As you pointed out, they do everything the others do, except escape the walled garden.
The other tablet makers are pushing out tablets with full OS now, not just Android and iOS, which should make things very interesting. Unless iPads start coming with OSX, they will quickly lose relevance.
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Re: Re:
My tablet is a quad-core from Asus. After I bought an S3 from Samsung it quickly lost relevance (I still use it but much less).
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Eh?
"Yeah Samsung made a good stab at showing the patents may well be invalid, but I'm going to ignore that and not explore it any further, because then I might have to do some work here"
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Trade Dress
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