Saturday, December 03, 2011

America as A Legal System Operating Behind Closed Doors Tries to Camouflage the Greediness, Selfishness and Absurdity of the Patent Wars


As reported by Dan Levine and Carlyn Kolker at Reuters in RPT-INSIGHT-UPDATE 2-Apple vs Samsung suit full of secret combat, Apple has sued to stop Samsung from selling its Galaxy products in the United States. Worse, the legal process is to a great deal being conducted behind closed doors, allegedly to protect "trade secrets".

Nonsense.

The American legal system is making a great mistake by permitting "backroom justice" -- which has nothing, absolutely nothing to do with the basic principles of the Anglo-American legal system, and this applies in particular to patents, which must be open for all to see, including litigation about them.

If individuals and firms -- who themselves are in many cases not paying their fair share of the nation's tax burdens -- want society to spend lots and lots of taxpayer money to protect THEIR alleged intellectual property rights, rights that they are INVOKING against others-- -- then they should be required to be clean and be above board in all their corporate dealings, which they are not.

It does not surprise this observer that these people choose backroom justice. Backroom antics fit this ugly crowd and it is a sorry thing when apparently clueless judges become handmaidens to this return of  law to the dark ages. American legal practice currently has a clear track -- backwards.

These Apple suits -- in our opinion -- are all part of a patent-abusive and monopoly-exploiting antitrust law-violating campaign (where are the responsible federal agencies ??!!) by Apple not only against Samsung but against Android in general, as announced not long ago by its former CEO Jobs:
"[A]ccording to the Walter Isaacson biography of the recently deceased CEO Steve Jobs just published, Jobs is quoted as saying:
"I’m going to destroy Android.... I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank...."
The irony is that many of Apple's so-called alleged inventions and technology are themselves stolen from others, "tweaked" minimally and then claimed to be proprietary to Apple, abetted not only by an often clueless USPTO but also similarly enabled by other world patent agencies granting patents on obvious and foreseeable state-of-the-art developments of normal technological advance -- see The True Story of Apple "Patents", "Designs" and "Inventions": Steve Jobs Took the Idea for the iPad From an Engineer at Microsoft etc.

If we look at Apple, moreover, the company itself manufactures almost nothing but has the vast majority of the parts of its products made overseas, e.g. see iPhone: Who's the real manufacturer? (It isn't Apple), which points to 30 known companies on 3 continents who deliver parts for the iPhone.

This has not prohibited Apple from following monopoly practices on its products. Indeed, that is its modus operandi: see Apple Inc. - A Monopolist in Action: YOU Belong to US.

LawPundit has numerous past postings on the Samsung vs. Apple saga. See e.g. http://lawpundit.blogspot.com/2011/09/samsung-apple-and-intellectual-property.html for a list that is not exhaustive, there are more in our archives.

One can not fault companies like Apple alone for the backward state of intellectual property law, but must put the blame primarily on legislatures and courts, who do not seem to understand that the NORMAL progress of technology should not be patentable! Only real inventions and discoveries that are not obvious to someone versed in the state of the art should be patentable, but in fact, many things have been and are being patented that are obvious -- even  to a normal person not versed in the state-of-the-art -- as being foreseeable developments of modern technological advance.

In the case of the iPad, Apple is trying to enforce against Samsung design and other patents on a rectgangular framed electronic device with rounded corners that has thousands of precursors in prior art over the ages for putting information on a flat surface or for otherwise enclosing text or graphics. Something as simple as a picture frame comes to mind.

NOTHING has been invented and NOTHING has been designed originally. Geometric forms come from God, they did not come from some corporate head. When the world realizes this, things will improve.

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