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Samsung Angers Judge in Apple Patent Case

How to annoy a judge? If you’re Samsung, share evidence ruled inadmissible with the media.
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Written by Kim Davis
8/6/2012 10 comments
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  Apple   Executive Analysis
  Government   Mobile/wireless
 
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cjon316
IQ Crew
Wednesday August 8, 2012 6:45:35 PM
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OK. I can appreciate that. I have an original Apple II also, I just wanted to hear something substantiated about what products were "stolen".

It was good to read your perspective.

Kim Davis
Thinkernetter
Wednesday August 8, 2012 4:30:36 PM
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Apple will continue to have an important and valuable niche in mobile.  Android will take the bulk of the market.  You're right, Duke; no likely outcome of litigation will affect the outcome in the market.

DukeW
IQ Crew
Wednesday August 8, 2012 1:29:00 PM
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Cjon316, that's not quite dripping sarcasm, so I salute your restraint.  I can work with that.  First stolen item is, of course, the WIMP interface (Windows, Icons, Mouse, Pointers) invented by Xerox PARC and first used in their Star workstation line (I miss those boxes, I do).  Apple threatened to sue Microsoft over Windows' use of the interface, and was sharply reminded by Xerox of just how thin the legal ice was that they were standing on.  The second stolen item is the multi-touch interface, invented clear back in the 80s at (where else) Bell Labs.  Peter Wellnet's 1991 paper on his Digital Desk product outlined and defined pinching and gesticulation for multi-point inputs long before Apple ever even thought of a phone or tablet application, but that didn't stop them from applying for patents, which they are now using to attempt to stifle competition and innovation.  Clever industrial design aside, what unique product does Apple offer?  I can get superior processing power, utility, and flexibility at roughly half-cost from other vendors, so why would I buy an Apple product?  Please bear in mind, right now I've got my feet up on serial #122 of the original Apple II line, which I use as a footrest, so I've been an Apple fanboy for more years than I'd care to admit, but I loathe, detest, and despise companies who attempt to win in the courts what they cannot win in the marketplace.  I'll probably think about it tonight when I fall asleep listening to the output of a second-gen iPod (won it in a contest, honest!).  I like their products, but I don't really like them.

Kim Davis
Thinkernetter
Tuesday August 7, 2012 11:20:39 AM
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It seems that Samsung's lawyer and the judge had a heated exchange in court about the evidence, with the lawyer refusing to stop arguing until he was personally threatened with sanctions.  He released the evidence to the media later that day.  I am sure professionalism trumps petulance, but it sure looks like petulance in this case.

cjon316
IQ Crew
Monday August 6, 2012 5:01:49 PM
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Agreed. It has to be a calculated risk. No one could be that dumb.

Mary Jander
Thinkernetter
Monday August 6, 2012 4:48:52 PM
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Surely, ignoring the judge is a slap in the court's face and it won't be good for Samsung's case. I really wonder sometimes how these kinds of things actually happen. Was this a calculated risk? Or was it really as dumb a mistake as it appears to be?

Kim Davis
Thinkernetter
Monday August 6, 2012 3:37:13 PM
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I should mention that Samsung avoided sanctions, just because the jury didn't see the press based on the inadmissible evidence.

Kim Davis
Thinkernetter
Monday August 6, 2012 3:35:15 PM
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Whichever side has merit in this case, ignoring the judge's rulings is not the way to win.

cjon316
IQ Crew
Monday August 6, 2012 2:49:57 PM
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Everything they sell is stolen from someone else? Everything? 

Can you please give an example or two of products that they have stolen, and who they have stolen them from?

This sounds a little suspicious to me. Just want to make sure I have some facts in my possession before taking the next steps.

I'd sooner purchase my technology directly from the innovator rather than someone who stole it from them and changed it for their own purposes.

I am sure you can understand my concern.

DukeW
IQ Crew
Monday August 6, 2012 1:24:35 PM
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Typical of Apple.  Everything they sell is stolen from somebody else (much like Sony in that).  And now, they want a judge to award them what they cannot win in the marketplace.  I think a post-Jobs Apple is ripe for a serious and severe come-uppance, and frivolous lawsuits should be punished severely.  Perhaps they can order Apple broken up, much as AT&T was.  Until Apple comes up with an idea they didn't steal from somebody else (Samsung has shown prior art in each and every point in the case, so Apple really has no legal leg to stand on), I'll curb my enthusiasm for their overpriced and inadequate merchandise, and reward my business to companies who innovate rather than litigate.

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