Scoobes said:
famousringo said:
Scoobes said:
You know, a huge number of patents get granted but a large number of them are shot down when challenged (as should have occured in this case). Do you know how many patent trolls have tried to claim patents on the most ridiculous and obvious of ideas? Just because a patent gets granted doesn't mean it should hold up.
The basic idea of a patent is that it's useful, new and non-obvious. Apple's patents in this case were neither new or non-obvious and therefore this case should have been thrown out (as should be the case for Samsung's patent on MP3s playing on a smartphone). Samsung's intent in this case should have been a moot point when the patents shouldn't have been granted in the first place.
As for the jurors, the jury foreman has this as a patent:
http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=/netahtml/PTO/search-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN/7352953
He's basically describing TiVo-like device or a Home Theater PC in a patent which again, should not have been granted (he filed 3 years after the first TiVo device). If this was the primary "expertise" for the jury then it's little wonder the outcome is so ridiculous.
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Right. Patents get invalidated. They also get upheld. That's up to the jury and the judge, all of whom are much more much more familiar with this matter than the average forum poster, having done nothing but sit through both sides' legal arguments for a couple weeks now (while hopefully being insulated from melodramatic press headlines).
Samsung certainly tried to invalidate Apple's patents. The jury was not persuaded. There's still some chance that the judge was. There's also a chance that the judge thinks the jury didn't go far enough, and she decides the Galaxy Tab also infringes on Apple's design and trade dress.
Also, if Samsung felt that particular juror's patent experience biased him against them (which in itself implies that Apple is on the stronger side of patent law than Samsung), they had their opportunity to have him removed.
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And Jury's can get things wrong, as seems very likely in this case:
http://www.groklaw.net/article.php?story=2012082510525390
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Wooooow. Why in the world didn't Samsung boot that guy off?
His patent is hilarious.
http://www.freepatentsonline.com/7352953.html
Good to see Groklaw is as great as ever, even under new management.
