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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.

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Does this infer? | 246 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Does this infer?
Authored by: webster on Sunday, March 03 2013 @ 08:34 PM EST
.

________"Does this infer that the judge doesn't particularly think the
parts she upheld were reasonable ..."____________

No. She just suspects Apple is going to appeal her striking too much, Samsung
too little. She doesn't think whether it is reasonable or not. She just does
what she thinks the rules and precedents demand.

______________"and/or that the letter of the law required her to say things
that she thought were outside the rational application of law?"___________

Not at all. She is following the "rational application of the law."
It produces a decision, good or bad, right or wrong. She does what she thinks
the Court of Appeals wants. She might think the decision stinks but she is
relatively new and knows better than to mess with a jury trial. Remember SCO I.
There is no faster way to get experience than by being a judge.

____________"E.G. does this read "now appeals court, please slap this
down. nudge nudge,wink wink."?"_________

Nah. She doesn't care. She has plenty more work to do in dozens of other
cases. The case has strange stuff with the jury and an extreme verdict. But it
has a decision so she will let the Court of Appeals do what it will.

.

[ Reply to This | Parent | # ]

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