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Apple vs Samsung trial

Discussion in 'Tech Talk - Gadgets, Gizmos and Technology' started by dpeters11, Aug 24, 2012.

  1. RasputinAXP

    RasputinAXP Kwisatz Haderach of Cordcuttery

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    Exactly my point. Disney fought and won copyright extension expressly so Mickey Mouse wouldn't pass into public domain. It's insane.
     
  2. dsw2112

    dsw2112 Always Searching

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

    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:
     
  3. dualsub2006

    dualsub2006 Icon

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    The appeal will go through the 9th Circuit, which overturns less than 10% of jury verdicts. From there, the numbers get worse.
     
  4. dualsub2006

    dualsub2006 Icon

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    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.
     
  5. Herdfan

    Herdfan Well-Known Member

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    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.
     
  6. dpeters11

    dpeters11 Hall Of Fame

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    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.
     
  7. wingrider01

    wingrider01 Hall Of Fame

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    this one just might make the 10 percent - given the biased juror interviews that are appearing.
     
  8. dualsub2006

    dualsub2006 Icon

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    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.
     
  9. dualsub2006

    dualsub2006 Icon

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    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.
     
  10. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    Winters,...
    Hmmmm. I wonder what influenced Microsoft's gui?
     
  11. Herdfan

    Herdfan Well-Known Member

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    Teays...
    Thanks for the info. Not being an Android user I didn't realize the Samsung interface was markedly different than other Androids.
     
  12. RasputinAXP

    RasputinAXP Kwisatz Haderach of Cordcuttery

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    Uh...the patents that were upheld included pinch to zoom, double-tap to zoom, and a grid of icons.

    This has a lot to do with a lot of things.
     
  13. billsharpe

    billsharpe Hall Of Fame

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    Being able to patent "a grid of icons" seems like a big stretch to me. Even the other two items seem like a small stretch.
     
  14. dpeters11

    dpeters11 Hall Of Fame

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    And what influenced Apple for the Macintosh GUI? It's rare for there to be a totally new idea.

    I doubt a phone could even have a circle of icons, and you rotate them to get the one you want. Too close to the old iPod wheel design.
     
  15. paulman182

    paulman182 Hall Of Fame

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    I'd sure like to know how this will impact the Android world in general.

    If my wife's phone (not a Samsung) has to change very much, she'll kill me.

    I guess no one knows for sure just yet.
     
  16. wingrider01

    wingrider01 Hall Of Fame

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    hopefully with the backing of google and the other android phone manufacturers a consortium will be formed to fight the "unbiased findings"
     
  17. bobukcat

    bobukcat Hall Of Fame

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    Very true, one thing that really bothers me about all this documentation that was shown to the jury was that it always contains a picture of the Android device's App Drawer or a home screen completely filled with app icons. For those that don't / haven't used Android this is not the default home experience. I think Samsung should have had the opportunity to show devices with Widgets, live wallpapers, etc. - they look a lot different under those (more typical) circumstances.

    That said there was obviously some copying of the trade dress going on, especially with the first Galaxy with the single home button. On the other hand the trade dress stuff is way too vague if an Epic 4G (which has a slide-out QWERTY) was found to infringe it.

    I also think (from reading the juror interview) that it doesn't sound like they really spent an appropriate amount of time debating the prior art arguments for the Touch Screen, Pinch Zoom, etc. patents. In fact I find it hard to believe they spent enough time on most of the items given how complex this trial was and the relatively short deliberation time.
     
  18. Alan Gordon

    Alan Gordon Chancellor

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    I don't think this document helped Samsung:

    Samsung’s 132-page internal report on why the Galaxy should be more like the iPhone

    When I got a smartphone, I wanted an iPhone 4, but Verizon didn't have it... so I got a Fascinate... one of the reasons is because I had used a Captivate and thought it was nice, and the other reason is because it reminded me very much of the iPhone. While there are similarities between other Android devices and the iPhone, I don't really feel they were attempting to copy the iPhone. I do however feel that Samsung, especially earlier models like the Fascinate/Captivate were intended to copy the look of the iPhone.

    Heck... look at some of these icons...

    ~Alan
     
  19. RasputinAXP

    RasputinAXP Kwisatz Haderach of Cordcuttery

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    1. That's a strategic dissassembly of the thing, post-Galaxy S. It's a red herring.

    2. You got it because it reminded you of the iPhone...and because the iPhone wasn't on Verizon...but did you think you were buying an Apple product and you got fooled? That was the crux of the court fight.
     
  20. dpeters11

    dpeters11 Hall Of Fame

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    Is the issue that people actually thought they were getting an iPhone or that they thought they were getting something just like the iPhone? I can see the second one happening. A customer walks in, and a rep says "we don't sell those, but this is just like it." If the rep tells them it does the same thing, or is just like it, that could be an issue. I don't think someone actually gets a box that says Samsung but thinks its an Apple.
     

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