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Apple vs Samsung trial


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68 replies to this topic

#26 OFFLINE   Laxguy

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Posted 25 August 2012 - 01:45 PM

Ah, thanks, I didn't imagine that scenario.
And sorry for your long ago experience that still bugs you. I have a few, but fortunately the companies are all in descendency now.
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#27 OFFLINE   Fluthy

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Posted 25 August 2012 - 01:54 PM

One positive of the ruling is that we probably won't see Touchwiz for awhile. All the phones with vanilla android were considered to not infringe.

#28 OFFLINE   Devo1237

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Posted 25 August 2012 - 02:40 PM

ever wonder how many hundreds of million dollars go into the development of the drug and the additional hunreds of millions of dollars that go in for the acceptace testing by the fda for new drugs?

A single pivotal human subject study by a cro for their company can run 1 - 2 million dollars for the single study, that is the first human testing that is done, prior to that there are numerous other test that are trun. As far as generic the lipitor patent ended in 2011, generics where testing back in 2009 - the cost to develop the generic and human testing of the drug is a lot cheaper then the development of the new drug. Sorry comparing Apple's development to a drug released for human consumption is invalid, although a lot of peple believe the apple is as addictive as some of the drugs onthe market. Apple just has to deal with the patent office, drug companies have to deal with fda regulations, which make everything else look like a piker in cost



Who cares about the cost of development? In this case it's more about the intellectual property (the idea). I doubt it cost Walt Disney anything to come up with intellectual property of Mickey Mouse, but I think it's safe to say his company should be protected from people blatantly copying it. If anything, I think people are giving Samsung too much credit. They (and Google) were obviously trying to steal from a popular game-changing product, and they got busted for it.

#29 OFFLINE   RasputinAXP

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Posted 25 August 2012 - 03:00 PM

Who cares about the cost of development? In this case it's more about the intellectual property (the idea). I doubt it cost Walt Disney anything to come up with intellectual property of Mickey Mouse, but I think it's safe to say his company should be protected from people blatantly copying it.



Not anymore it shouldn't.

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#30 OFFLINE   dpeters11

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Posted 25 August 2012 - 03:18 PM

Not anymore it shouldn't.


A character like Mickey Mouse should not be used by anyone without Disney's permission. If anyone could use him, the average consumer would think that Disney was involved. They should have the right to protect an iconic character like that. Someone should not have free reign to have Mickey do whatever they want for their purposes.

#31 OFFLINE   BubblePuppy

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Posted 25 August 2012 - 03:20 PM

Walt Disney didn't sue Izzy Klein because Mickey and Mighty were both meeses.
However Apple was sued and lost over a mouse. ;-)
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#32 OFFLINE   scooper

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Posted 25 August 2012 - 03:51 PM

The patent system, particularly when it comes to software patents, is very broken.


+1 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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#33 OFFLINE   dpeters11

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Posted 25 August 2012 - 03:56 PM

Interview with a juror. I haven't looked at all the reports during trial, but if there literally were emails within Samsung about what Apple features to copy, there is little room for the jury to think they didn't violate the patents.

http://news.cnet.com...ror-speaks-out/

#34 OFFLINE   wingrider01

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Posted 25 August 2012 - 03:57 PM

Who cares about the cost of development? In this case it's more about the intellectual property (the idea). I doubt it cost Walt Disney anything to come up with intellectual property of Mickey Mouse, but I think it's safe to say his company should be protected from people blatantly copying it. If anything, I think people are giving Samsung too much credit. They (and Google) were obviously trying to steal from a popular game-changing product, and they got busted for it.


follow the response in context, the patent protects the drug company and allows them to recoup their losses, after a specifc amount of time - set forth by the fda other companies can capitalize on the original development by the company and bring a generic to market and a lot less development cost then the original developer. for the comparision to be accurate then the patent law for "apple" needs to be the same.

I don't hear anyone complaining when Pfizer charges $50 a bottle for some new anti-depressant that can't be turned into a generic for years. Like it or not, that's how our country works.


this is the only accurate statement made

The patent system, particularly when it comes to software patents, is very broken.


given the simple fact of the short time between relase and reposnes, I really doubt that any of the jurors spent more time figuring what they wanted for dinner then going over the evidence. hopefully the appelas are in the works already

Edited by wingrider01, 25 August 2012 - 04:07 PM.


#35 OFFLINE   wingrider01

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Posted 25 August 2012 - 03:59 PM

Seems to me the jury already had their mind made up. What a shame...


so very true

#36 OFFLINE   RasputinAXP

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Posted 25 August 2012 - 04:10 PM

A character like Mickey Mouse should not be used by anyone without Disney's permission. If anyone could use him, the average consumer would think that Disney was involved. They should have the right to protect an iconic character like that. Someone should not have free reign to have Mickey do whatever they want for their purposes.


Yes, they absolutely shoul. I don't give a (pardon the pun) mouse's hind end about who it is, copyright is MEANT TO END. It is not a LICENSE IN PERPETUITY. Mickey would have been in the public domain years ago.

That really grinds my gears.

"Belligerent and numerous."

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#37 OFFLINE   dpeters11

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Posted 25 August 2012 - 04:35 PM

Yes, they absolutely shoul. I don't give a (pardon the pun) mouse's hind end about who it is, copyright is MEANT TO END. It is not a LICENSE IN PERPETUITY. Mickey would have been in the public domain years ago.

That really grinds my gears.


I'm fine with a book going out of copyright, but not sure any company should be able to use an iconic character to sell whatever product they want (knowing that federal law prevents Mickey from hawking cigarettes), or being used in some weird type of porn.

#38 OFFLINE   BubblePuppy

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Posted 25 August 2012 - 04:38 PM

Yes, they absolutely shoul. I don't give a (pardon the pun) mouse's hind end about who it is, copyright is MEANT TO END. It is not a LICENSE IN PERPETUITY. Mickey would have been in the public domain years ago.

That really grinds my gears.


From the Copyright website

For pre-1978 works still in their original or renewal term of copyright, copyright is extended to 95 years from the date that copyright was originally secured.
For more information, check out the PDF file of Circular 15a on the length of copyright protection.


Mickey was created in 1928. Do the math. Mickey's copyright has a few good years ahead of him.
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#39 OFFLINE   dpeters11

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Posted 25 August 2012 - 04:56 PM

Though I think Disney had a large part in the extentions, particularly the Sonny Bono 1998 act.

But thinking about it more, when he does expire, it would probably be the Steamboat Willie version, not the more recognizable modern look.

#40 OFFLINE   dpeters11

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Posted 25 August 2012 - 05:08 PM

Interview with a different juror.


http://www.reuters.c...E87O09U20120825

#41 OFFLINE   RasputinAXP

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Posted 25 August 2012 - 08:00 PM

Though I think Disney had a large part in the extentions, particularly the Sonny Bono 1998 act.

But thinking about it more, when he does expire, it would probably be the Steamboat Willie version, not the more recognizable modern look.


Exactly my point. Disney fought and won copyright extension expressly so Mickey Mouse wouldn't pass into public domain. It's insane.

"Belligerent and numerous."

SlingTV, Tablo and Plex to Roku 3s and Chromecasts on a Vizio 42" in the living room and a Toshiba 32" in my bedroom. Xbox 360 client on a Westinghouse 42" in the game room. Tablets EVERYWHERE!

 

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#42 OFFLINE   dsw2112

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Posted 25 August 2012 - 09:50 PM

Interview with a different juror.


http://www.reuters.c...E87O09U20120825


Yep, that was the jury foreman. Some of his quotes from the article:

We didn't want to give carte blanche to a company, by any name, to infringe someone else's intellectual property," Hogan told Reuters a day after the verdict.


We wanted to make sure the message we sent was not just a slap on the wrist," Hogan said. "We wanted to make sure it was sufficiently high to be painful, but not unreasonable.


All of us feel we were fair, that we can stand by our verdict and that we have a clear conscience in that we were totally not biased one way or another," Hogan said.


Since when did jurors find that it was their job to send a message? We had a name for folks like this in the Navy; sea lawyers :lol:
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#43 OFFLINE   dualsub2006

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Posted 26 August 2012 - 07:04 AM

hopefully the appelas are in the works already

The appeal will go through the 9th Circuit, which overturns less than 10% of jury verdicts. From there, the numbers get worse.

#44 OFFLINE   dualsub2006

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Posted 26 August 2012 - 07:07 AM

Since when did jurors find that it was their job to send a message? We had a name for folks like this in the Navy; sea lawyers :lol:

Statements made by jurors after the fact can be used to prove misconduct at appeal.

Inflicting pain, just not unreasonable pain? Sounds strange to this non-lawyer.

#45 OFFLINE   Herdfan

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Posted 26 August 2012 - 07:15 AM

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Nah, Samsung didn't copy anything. :rolleyes:


Yeah, I get that. But why is this a Samsung problem and not a Google/Android problem? To me this would be like suing Dell because Windows looks too much like OSX.

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#46 OFFLINE   dpeters11

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Posted 26 August 2012 - 07:22 AM

Yeah, I get that. But why is this a Samsung problem and not a Google/Android problem? To me this would be like suing Dell because Windows looks too much like OSX.


Not a good comparison. Dell sells systems that use the UI designed by Microsoft. Samsung Android phones use TouchWiz which was designed by Samsung. Thy don't use the Google Android UI.

#47 OFFLINE   wingrider01

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Posted 27 August 2012 - 04:49 AM

The appeal will go through the 9th Circuit, which overturns less than 10% of jury verdicts. From there, the numbers get worse.


this one just might make the 10 percent - given the biased juror interviews that are appearing.

#48 OFFLINE   dualsub2006

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Posted 27 August 2012 - 07:32 AM

Yeah, I get that. But why is this a Samsung problem and not a Google/Android problem? To me this would be like suing Dell because Windows looks too much like OSX.


Because, aside from the bounce back patent, the claims against Samsung were all Samsung. Google has nothing to do with the design of Samsung devices and has nothing to do with their TouchWiz UI. These were the primary targets in the suit.
Google "demanded" that Samsung make their devices less iPhone like and Samsung did their own thing.

This had very, very little to do with Google or Android.

#49 OFFLINE   dualsub2006

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Posted 27 August 2012 - 07:36 AM

this one just might make the 10 percent - given the biased juror interviews that are appearing.


That's possible, but Samsung can't challenge the finding of facts by the jury unless it is a matter of law. I don't understand that entirely, but from what I gather that's going to be a tall mountain to climb over.

A couple of biased comments from jurors might be good enough to get it done, but I don't see it happening.

Samsung had a choice when they decided that they wanted to be the top Android OEM. They made their choice, and it's probably going to cost them a billion US.

#50 OFFLINE   Laxguy

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Posted 27 August 2012 - 08:26 AM

Not a good comparison. Dell sells systems that use the UI designed by Microsoft.


Hmmmm. I wonder what influenced Microsoft's gui?
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