photostill

It's beginning to look like Apple didn't win at all. First, since the case was ruled on, Samsung smart phones are selling so fast that most businesses have sold out. They've been flying out the stores like hot cakes, leaving Apple's iPhone in the dust.

Next it begins to look like either appeal is certain or even the jury's decision may be rendered null. The jury came back with the decision in record time and have apparently violated the judges instructions by failing to consider prior art. The statement of the jury members after the trial indicated that they threw out consideration of prior art as it was 'slowing them down'. The whole process was effected by the jury foreman who is a patent holder himself. In his eyes, the case was the equivalent of someone violating his patent and convinced the entire jury that this is how it should be decided.

The problem with ignoring prior art, is that if prior art exists, then there is no infringement as the patent is invalid. It's how patents that shouldn't have been awarded are dismissed.

This is a serious failing of the jury. There is even the question of why have juries on patent cases to begin with. Patent cases are usually long and involved. These particular types of cases would be better decided by experts, bias to neither side of any cases.

__________________

You can help this site, by clicking on the link below to buy a Premium Account.
& Thank you for helping us. Click;