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Old 08-29-2012, 07:52 PM   #21
JoeD
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Quote:
Originally Posted by Andrew H. View Post
Here's the quote I'm looking at (from the interview):
I took this quote as been more important from the interview

Quote:
Vel Hogan: It was about a particular, ah, patent, ah, the '460 patent, and whether or not the prior art really did invalidate that pattern, that patent and so with that moment I had, I realized that the software on the Apple side could not be placed into the processor on the prior art and vice versa.
Emphasis mine.

It sounds like they went back to the prior art they'd got hung up on after his "aha" moment. However, it sounds like they then discounted it as been prior art based on his interpretation of what counts as valid prior art, which appears to be a flawed interpretation to me.

I was always under the impression that anything that has been publicly released/documented can count as prior art, it doesn't actually have to do anything or be functional, just text/graphics could count for example.

If the jury have incorrectly discounted prior art based on flawed advice from the foreman, how would that impact the validity of their ruling? Could the judge overturn the verdict or ask for a retrial? Or is it just more evidence to present at an appeal? I'm not really familiar with the US legal system.
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