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"Do we ever see [a Jury invalidating a patent] | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Jury skipped deciding the prior art issue!?
Authored by: celtic_hackr on Saturday, August 25 2012 @ 07:01 PM EDT

I'm not referring to invalidating Apple's patents. read what I wrote. I'm talking about invalidating the Jury's factual findings.

After we debated that first patent -- what was prior art --because we had a hard time believing there was no prior art, that there wasn't something out there before Apple. "In fact we skipped that one," Ilagan continued, "so we could go on faster. It was bogging us down." ...
The jury "skipped" determining what was prior art so they could go faster.

[ Reply to This | Parent | # ]

"Do we ever see [a Jury invalidating a patent]
Authored by: Anonymous on Saturday, August 25 2012 @ 10:09 PM EDT

Exhibit A:

As you may recall, Red Hat and Novell won, and in Texas too, the jury finding that all the patents asserted were invalid.
And Sony even did what RedHat did - they brought a functioning device in to prove prior art. From the article:
It's rather dazzling, with a live demo of a 1985 Amiga. Yes. The Amiga was still alive and usable for the demonstration by Red Hat and Novell's expert to show prior art.
Yet, with the comments some of the Jury Members are providing to the Media, it seems they never even bothered with such questions as:
    What evidence did Sony present of their innocence? Of the invalidity of the Patents?
I didn't think I'd ever find a Jury ruling as mind-boggling as the Jury in the Thomas-Rasset case (not so much the finding of infringement, but the damages the Jury thought reasonable). But I think I'll place this Jury above the Thomas-Raset Jury on the "Shaking-Head Wow" factor.

RAS

[ Reply to This | Parent | # ]

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