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Authored by: Anonymous on Thursday, July 11 2013 @ 09:40 PM EDT |
First: I am not the poster you objected to.
You tell that the outcome of the court-case was correct. Have you some inside
information that you don't want to reveal. In you post I only see assertions
based on what what might have transpired in the discussions between the
parties.
Is that just an assumption, or do you actually know?
From the courts records it seems the decision was wrong. I have followed the
case and read the records. So seems most of the posters here to have done, even
the one you object to.
It was a rather insignificant case in a strange land with strange customs and a
strange conception of common law. England seems to handle it much better.
If you talk about the laws in the British Isles please don't clump them together
as UK, the laws are different between the parts.
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Authored by: Anonymous on Friday, July 12 2013 @ 01:45 PM EDT |
"You display an astonishing lack of understanding of the process here, both
in terms of the burden of proof and of the claim construction on which the
parties confer pre-trial. Unlike you, I'm not sure what argument Apple made but
your description of the process (IMHO,IANAL) is fundamentally flawed. The burden
of proof is on the plaintiff (Apple) to show how the defendant's (Samsung's)
products infringe. Apple didn't get to simply make a blanket allegation and then
Samsung had to prove their innocence : that's not the way things work in a
criminal court and it's not the case here."
Q CLAIM 19 DISCUSSES INSTRUCTIONS THAT MAKE THIS
FEATURE WORK. WHAT ARE INSTRUCTIONS IN THE CONTEXT
OF A SMARTPHONE OR A TABLET COMPUTER?
A INSTRUCTIONS IN THE CONTEXT OF PHONES AND
TABLET COMPUTERS THAT WE'RE DISCUSSING HERE ARE
REALLY JUST COMPUTER CODE, COMPUTER PROGRAM
INSTRUCTIONS, AND THIS IS LINES OF CODE THAT'S IN
THE COMPUTER THAT EXECUTE ON THE PROCESSOR TO MAKE
THIS FUNCTIONALITY WORK.
Q HOW DO YOU KNOW THAT THESE INSTRUCTIONS ARE
PRESENT ON THE GALAXY S II, AT&T?
A AS I TESTIFIED EARLIER, I LOOKED AT THE
SAMSUNG PRODUCED CODE AND WHAT I'VE DONE IS I'VE
EXCERPTED JUST TWO SMALL PORTIONS TO ILLUSTRATE
SOME OF THE PERTINENT CODE FOR THE GALLERY AND FOR
THE BROWSER APPLICATIONS ON THE SCREEN.
IT'S NOT ON THE SCREEN YET.
MR. JACOBS: SO, YOUR HONOR, WE'D LIKE TO
DISPLAY THIS FOR YOU, FOR OPPOSING COUNSEL, AND FOR
THE JURY AS IS REPRESENTATIVE OF THE CODE OF
SAMSUNG.
From the document pj linked to as: update 2
I hope that's citation enough for you.
Cheers
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