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Authored by: Anonymous on Wednesday, August 29 2012 @ 04:50 AM EDT |
Jury has the right to decide how exactly they want to look
on the patent. But they MUST be consistent.
If they want to say that the ability to run the Apple's
software on these old devices is absolutely vital and that
if such inability renders all the prior art useless then
this is the best outcome possible!
Because this means that ALL devices not based on iOS are not
infringing.
The fact that they applied this principle when they
considered prior art but NOT when they looked on the rest of
stuff is reason to throw away this verdict.
Either they should not consider the ability to run Apple's
software an important requirement XOR they should consider
it an important piece of the puzzle. In the first case the
whole decision should be thrown out and the case should
start from point zero, in the second case there are no
infringement on the Samsung's side and this billion (with a
"B") is assigned to Samsung by mistake.
The law should apply to all subjects equally (this is one of
the most important principles!) and this Jury clearly
applied it differently in different points of time in a
space of three days!!![ Reply to This | Parent | # ]
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