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
There's a Verdict in Apple v. Samsung ~pj - Yes, Samsung Infringes - Damages $1,051,855 | 289 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You really need to pay more attention
Authored by: celtic_hackr on Friday, August 24 2012 @ 08:23 PM EDT
Right in the court proceedings it shows Samsung showed prior art for all that
stuff, and evidence Apple knew about that prior art.

[ Reply to This | Parent | # ]

There's a Verdict in Apple v. Samsung ~pj - Yes, Samsung Infringes - Damages $1,051,855
Authored by: Anonymous on Friday, August 24 2012 @ 08:28 PM EDT
1) It will be interesting to see what the Judge does with the willfulness aspect
of
the case. She can triple the damages based on factors such as (1) whether the
infringement was willful or deliberate; (2) whether the infringer had a good
faith
belief that the patent was invalid; and (3) the party's conduct during the
litigation. Samsung is already in trouble with (1) and (3).

2) By "trade dress patents" do you mean design patents? It will be
hard for
Samsung to do this as they cannot introduce any new evidence on appeal. Best
they can hope for is a new trial based on the exclusion of the F700. However,
that will be tricky as Samsung clearly had every opportunity to include the
phone in the trial during the appropriate discovery window. I am really curious

on who dropped the ball on that one. However, it is not even clear to me that
the F700 would make a difference.

3) I don't agree, but I guess that is allowed. It is easy to claim things are
invalid
with general statements, but when you get down to finding each and every
element of the patent CLAIM in the prior art, it can be tough.

[ Reply to This | Parent | # ]

There's a Verdict in Apple v. Samsung ~pj - Yes, Samsung Infringes - Damages $1,051,855
Authored by: Anonymous on Friday, August 24 2012 @ 09:22 PM EDT
They showed video of a real product with all of these - the devices that were
shown to Apple Engineers..

That was proven, but ignored.

[ Reply to This | Parent | # ]

There's a Verdict in Apple v. Samsung ~pj - Yes, Samsung Infringes - Damages $1,051,855
Authored by: Anonymous on Friday, August 24 2012 @ 11:19 PM EDT
"if anything Apple was the first company that built something that
implemented these ideas, but in movies like 2001, Alien, and the Matrix (3rd
one), these ideas were simulated."

So, your considered legal theory is that if I were to invite a teleportation
machine, I wouldn't be able to patent it because the teleporter in Star Trek
represented "prior art".

That's a pretty interesting view. Crazy, but interesting.

[ Reply to This | Parent | # ]

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 )