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| Authored by: Anonymous on Monday, May 14 2012 @ 09:57 AM EDT |
| Beware judges laying traps might be prudent for both parties. [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, May 14 2012 @ 10:23 AM EDT |
Since the jury's finding of facts
on the structural copying (issue 1)
is going to be retried, and will
since whatever he decides on the
copyrightability of the SSO will be
appealed anyway, why not just toss
all of the legal questions
"upstairs" and let this jury rest?
This jury can not be relied on to
decide copyright damages (they
couldn't decide fair use, and
they've been overruled on the test
files) so why not just have the
phase 3 damages focus only on
patent damages.
Oracle or google will appeal the
SSO decision, and while the appeals
court is hearing that, they can
also review the issue of de minimis
and profit damages.
Then when/if the case is remanded
for a new jury trial, the issues
that jury will have to decide are
clear.
I think this trial is down to just
"put something in the record that
is justifiable given the evidence,
and wait for the appeals court to
remand"
--Jpvlsmv[ Reply to This | Parent | # ]
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