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
He seems to be cooking-up stuff to defend the verdict | 484 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
He seems to be cooking-up stuff to defend the verdict
Authored by: Anonymous on Sunday, September 02 2012 @ 12:36 AM EDT
Bold emphasis mine.
Hands-on time with the actual devices wasn't the only additional bit of information the jury found themselves considering during deliberations. When it came to Samsung's claims that Apple had infringed its standards-essential patents, the jury had only been shown select pages from the 3GPP Release 6 standard that Apple said it adhered to; while deciding the verdict, the jury had access to the entire document. Reviewing the full specification, Hogan said, made it clear that early deposition testimony by two German Intel employees — which favored Apple — was actually correct.
The point I am trying to make is, there has been wide spread criticism that the verdict was arrived at in haste. The foreman, has been trying extremely hard and has purposely used words like
patent-by-patent, clause-by-clause
in the Bloomberg Youtube interview to show that they did a thorough job and did not rush.

Even in this interview with TheVerge, the foreman does the same thing. A full 3GPP specification runs into several hundreds of pages. Even the brief overview of 3GPP Release 6 is a good 107 pages. Basically for someone familiar to the field, and new to reading the specification document, it will easily take a couple of days just to get started and realize which section to look for to get relevant information. Foreman's emphasis that they looked at the full specification and not just the relevant pages of the specification that were shortlisted by the experts of Intel / Apple / Samsung points out the insecurity. Primary reason for my hypothesis is that the Intel witness by Apple was just trying to say that the chip was manufactured by Intel and Apple had no knowledge of specific algorithms implemented by Intel inside the chip. From that specific testimony, it is immaterial what is written inside the full- specification. If the jury believed Apple's version that Samsung had exhausted its rights as a result of their license agreement with Intel, then it is not required to read even a single line from the specification.

The foreman wants to desperately convey the impression that they did a thorough job. Unfortunately for them, it is already an undisputed fact that they were hung-up in debate on the very first issue on day 1 (youtube interview and multiple other sources where the foreman himself has claimed this). So, they had just 1.5 days left for the rest of the issues and verdict.

The more he talks, the more I doubt that they looked at all the details carefully.

-PR

PS: I am a researcher in the wireless domain, have made contributions to the IEEE 802.16 (WiMAX) standard and know the complexity of diving into a standards document for a newcomer.

[ 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 )