12-18-2012, 01:57 PM | #451 |
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Exactly. He strikes me as a very arrogant person, presuming to know the law better than lawyers/judges, and assuming the role of leader in deliberations, misleading the jury into thinking that prior art didn't apply because "it does not run on the same hardware". I do not presume to know whether this is basis for mistrial, but it's certainly wrong.
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12-18-2012, 02:15 PM | #452 | |
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I must say I fail to understand the headlines altogether. Samsung is still suing Apple over (FRAND) patents. It has simply withdrawn its request for an injunction. |
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12-18-2012, 03:14 PM | #453 | |
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If the judge has decided it doesn't need a new case then I'll take the judge's view until or unless reversed by a higher court... |
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12-18-2012, 05:08 PM | #454 | |
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Appeals courts do not generally overturn civil court cases because the plaintif's counsel did not do their job diligently. Certainly not in a duel of deep pockets vs deep pockets. Time for both sides to call a truce so they can both declare victory. |
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12-18-2012, 05:43 PM | #455 | |
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12-18-2012, 05:48 PM | #456 |
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Not at all, did you miss the "I do not presume to know the law" part???
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12-18-2012, 06:15 PM | #457 | |
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12-18-2012, 06:42 PM | #458 |
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Not at all, I read, "I do not presume to know whether this is basis for mistrial, but it's certainly wrong." from you which doesn't mention law merely whether it may be the basis for mistrial when the judge has already said that it wasn't the basis for mistrial followed by your comment that it was wrong... this seems to be you putting your opinion ahead of the trial judge... this makes my comment perfectly applicable...
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12-18-2012, 06:57 PM | #459 | |
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Last edited by afv011; 12-18-2012 at 07:01 PM. |
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12-18-2012, 06:59 PM | #460 | |
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I am hearing an awful lot about not telling the truth without anything to back it up. |
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12-18-2012, 08:02 PM | #461 | ||
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I suspect that Samsung actually still has a reasonable case to make that they had no reason to pursue the question in voir dire, as the negative answer meant that they couldn't know what they couldn't know. It would be negligent voir dire, indeed, if he had said "yes," and they didn't pursue that; but the reasonable man doesn't automatically infer that every juror who answers "no" is lying. And I think there's a reasonable case that he concealed it deliberately, all things considered. How can you "forget" that you've been sued by your employer? Or that you've been in bankruptcy court, as a bankrupt? Am I the only one (who, by the way, couldn't care less about the argument on the table about whether Android or Apple is Ruler of the World) who finds that slightly unbelievable? It's the District Court. I'm sure we'll hear about it again. ;-) Hitch |
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12-18-2012, 08:04 PM | #462 |
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12-18-2012, 08:40 PM | #463 | |
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12-18-2012, 08:59 PM | #464 |
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12-19-2012, 12:12 AM | #465 |
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Yes, indeed you did. I never said that the judge was wrong to dismiss the appeal from Samsung for a mistrial, I said that the jury lead appeared arrogant to me and that it was wrong of him to give false information to the jury regarding prior art.
Last edited by afv011; 12-19-2012 at 12:14 AM. |
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