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| Authored by: Anonymous on Sunday, August 26 2012 @ 03:06 PM EDT |
why do you think the foreman's status as a patent holder results in inevitable
bias against samsung?[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, August 27 2012 @ 03:12 AM EDT |
Yes, as was Judge Alsup, Judge Koh also was a patent
litigator for tech companies when she was a partner at
McDermott Will Emery. In fact, she was on the team for
Creative Tech against Apple in which Apple paid Creative
$100M in payment. Here's a good article on Judge Koh's
career. http://news.cnet.com/8301-13579_3-57497096-
37/apple-v-samsung-why-is-judge-koh-so-angry/
As far as her being biased or mishandling the case, I'm not
so sure about that either. She's tried desperately until
the last second for the parties to narrow the case for the
jury. I don't know what more she could've done. In
addition, even though she may be a little too strict with
case management, as a former patent litigator maybe she's
aware of risk of opening the floodgate and losing control of
the courtroom. I don't think she's favoring Apple either.
She denied Apple's preliminary injunction request last year,
which was a huge blow for Apple. Her opinion was well-
reasoned and you can tell she knows her stuff. It was only
after the Appeal's court reversed that she granted an
injunction against Galaxy Tab. If she really had it against
Samsung, she could've dealt them a big blow then. It should
also be noted that she reversed the Magistrate's ruling in
regard to adverse inference instruction. If anything, I
think it was the Magistrate who might have favored Apple.
Maybe 25 hours weren't enough and prejudicial for Samsung.
I also disagree with her preliminary injunction ruling on
Galaxy Nexus in a separate case. However, I also don't
think it's fair to characterize her as inexperienced in
patent litigation or is not being impartial because that
just isn't true. I just hope she's gutsy enough to impeach
that farce of a verdict in a month's time.[ Reply to This | Parent | # ]
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