Apple v Samsung: Can Look and Feel Be Patented?

[kennyc]

And Motorola Mobility(Google) files suit against Apple on Siri...

Google Inc. (GOOG)’s Motorola Mobility unit said it filed a new patent-infringement case against Apple Inc. (AAPL) claiming that features on some Apple devices, including the Siri voice-recognition program, infringe its patents.

The complaint at the U.S. International Trade Commission claims infringement of seven Motorola Mobility patents on features including location reminders, e-mail notification and phone/video players, Motorola Mobility said today. The case seeks a ban on U.S. imports of devices including the iPhone, iPad and Mac computers. Apple’s products are made in Asia.
...

http://www.businessweek.com/news/201...t-apple-at-itc

[murraypaul]

A bump for Samsung in its current case against Apple, as it has won a jury instruction which counterbalances the won Apple has previously won against it. The issue is now a wash.

Late on Sunday, Judge Lucy Koh, the federal judge presiding over the Apple v. Samsung trial in San Jose, surprisingly overruled Magistrate Judge Paul S. Grewal and entered an order that is a major breakthrough for Samsung. This reversal significantly increases the Korean company's chances of getting a verdict it can live with.
Instead of providing an adverse inference instruction only against Samsung, the court will tell the jury the same thing about both companies.

[kennyc]

Originally Posted by murraypaul

A bump for Samsung in its current case against Apple, as it has won a jury instruction which counterbalances the won Apple has previously won against it. The issue is now a wash.

Not sure exactly what that gets them, but sounds more fair.

They are supposed to wrap up arguments on Tues and then it goes to the jury.

And speculation on the outcome depending on the ruling:

http://www.nytimes.com/2012/08/20/te...-of-court.html

[fjtorres]

At this point I think that if it were up to the Judge she would declare Apple the winner (with a clothes-pin on her nose) and award them $1.
Then she woud fine both companies $1 million for wasting the court's time.
That would be something close to justice.

[murraypaul]

Originally Posted by fjtorres

At this point I think that if it were up to the Judge she would declare Apple the winner (with a clothes-pin on her nose) and award them $1.
Then she woud fine both companies $1 million for wasting the court's time.
That would be something close to justice.

Even after reading quite a bit about the trial I still have no idea if Samsung is guilty or not.
I think they copied/borrowed/were inspired by many of Apple's design ideas, but that isn't in itself illegal.
Whether they violated any of the specific patents claimed for?
And what on earth a jury is expected to make of it all, I have no idea.

[fjtorres]

I suspect the jury is as sick-n-tired of the mess as the judge.
A hung jury wouldn't surprise me.

(I think its pretty clear Samsung set out to copy Apple. But whether that violates any law or valid patent...?)

[Crowl]

Originally Posted by fjtorres

At this point I think that if it were up to the Judge she would declare Apple the winner (with a clothes-pin on her nose) and award them $1.
Then she woud fine both companies $1 million for wasting the court's time.
That would be something close to justice.

Not really justice when Apple has always refused to pay for actually useful radio patents that belong to Samsung on the grounds they are asking too much while demanding $30 for the right to use a rounded rectangle.

[afv011]

Originally Posted by fjtorres

I suspect the jury is as sick-n-tired of the mess as the judge.
A hung jury wouldn't surprise me.

(I think its pretty clear Samsung set out to copy Apple. But whether that violates any law or valid patent...?)

Neither would it surprise me, this is a complex trial and the average Joe does not know much (if anything) about patent law.
The jury has to be unanimous to find a guilty party.

[heySkippy]

Originally Posted by afv011

The jury has to be unanimous to find a guilty party.

I don't think that's true in civil trials.

[murraypaul]

Originally Posted by afv011

Neither would it surprise me, this is a complex trial and the average Joe does not know much (if anything) about patent law.
The jury has to be unanimous to find a guilty party.

It is quite possible that the jury would find some charges proven and some not, in each direction, so that each party could claim some degree of victory.

[fjtorres]

Originally Posted by murraypaul

It is quite possible that the jury would find some charges proven and some not, in each direction, so that each party could claim some degree of victory.

But they still would gave to agree on each specific charge. Not a given.

[afv011]

Originally Posted by heySkippy

I don't think that's true in civil trials.

During their deliberations, they will consider testimony and libraries of evidence. They also will have the devices in dispute at their fingertips to examine. To determine infringement, the nine jurors—who include a social worker, electrical engineer and unemployed videogame enthusiast—must be unanimous.

Source

[ScotiaBurrell]

There is nothing at stake here. The verdict changes not much.

[afv011]

Originally Posted by ScotiaBurrell

There is nothing at stake here. The verdict changes not much.

How so? If Apple wins, they can ban imports of Samsung devices, and have a precedent against other Android devices. If Samsung wins, Apple can no longer go trolling around with their "rounded corners rectangle" patent nonsense. I think there's a lot at stake here, but that this trial won't be the end of it.

[ScotiaBurrell]

Originally Posted by afv011

"rounded corners rectangle" patent nonsense.

Why you don't like truth. Is about more than round corners.