decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
opening statements ... | 98 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Opening doors
Authored by: Anonymous on Thursday, August 02 2012 @ 11:28 PM EDT

Yes, they did open the door for a response. In a normal trial, without a
captive judge, Samsung would be able to present their rebuttal of that
statement.

That's the point Quinn is making.

It's like a prosecutor accusing you of premeditated murder, committed in New
York, on January 1, 2012 and the judge won't allow you to present your videotape
evidence that you were in LA on January 1, 2012.

That's why Quinn calls it "fundamentally unfair". It clearly IS
"fundamentally unfair".

[ Reply to This | Parent | # ]

opening statements ...
Authored by: nsomos on Thursday, August 02 2012 @ 11:36 PM EDT
Parent asks ...
"If Apple in their opening statements mentioned the F700 was
a copy of iphone, aren't they not open the door for a response?"

There would be nothing stopping Samsung from addressing this
in their opening statement as well. But this is not a carte blanche
opportunity for Samsung to bring into evidence F700 information.

Opening statements are special, in that they are not evidence
and some lawyers might be able to say things in the opening and
closing statements, that they might not be able to at any other time.

I do think it an excellent point that if the F700 was available just
a month or so after the iPhone debut, that this proves that Samsung
had it under development long before the iPhone came out.

Simply because of the realities of the time and effort involved in
bringing such products to market, making production quantities of
a knock-off in such an interval is well beyond unrealistic.

Hopefully Apple will somehow goof and either mention the F700 or
bring up the timing of the F700 compared to the iPhone. The fact
that Apple dropped it from the devices they are complaining about
proves to me that Apple knows it would make it clear that Samsung
did NOT just copy Apple. So Apple will do everything they can
to avoid mention of the F700 during the trial itself, to try to
keep the door on F700 information firmly shut, except of course
for opening and closing statements.

[ Reply to This | Parent | # ]

Opening doors
Authored by: Anonymous on Friday, August 03 2012 @ 04:46 AM EDT
Wow, Samsung must be a really great company if they can copy the iPhone first advertised 27 Feb 2007 and release the F700 on 30 Mar 2007, 33 days later!

Or was it the first unveiling in Jan 2007 for the iPhone and Feb 2007 for the F700 - still only a month in it.

Even more interesting is the LG Prada [caveat lector] of Dec 2006.

LG apparently were considering suing Apple over copying the design until the iPhone's form factor was revealed as coming from 2005. LG appear to have acted honourably unlike Apple in this respect; goodwill(Apple) -= lots;

[ Reply to This | Parent | # ]

  • Opening doors - Authored by: Anonymous on Friday, August 03 2012 @ 07:56 AM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )