Monday, August 27, 2012

South Korean Court in Favor of Samsung Finds Apple Guilty of Patent Infringement and Orders Removal of iPhone 3GS, iPhone 4, iPad and iPad 2 From Store Shelves in South Korea

The Washington Post has the story at South Korean court rules Samsung didn’t copy Apple’s iPhone design, but both infringed patents writing:
"The ruling ordered Apple to remove the iPhone 3GS, the iPhone 4, the original iPad and the iPad 2 from store shelves in South Korea, saying that the products infringed on two of Samsung’s five disputed patents, including those for telecommunications technology."
See also

Youkyung Lee, Associated Press, at the Silicon Valley Mercury News in
South Korean court rules Samsung didn't copy iPhone

This gives us a good idea of where the patent wars are heading and legislators around the world had better start waking up to manage the escalating situation by making MASSIVE improvements in the outdated and antiquated patent laws.

The Bizarre World of American Patents, Laws, Courts and Juries

A patent trial in the backyard
of the complainant,
itself a patent troll,
an overwhelmed judge,
plus a jury foreman
who is himself
a holder of multiple patents?


Pretty clear how that decision was going to go...and it predictably did.

The BBC is skeptical about justice "made in Cupertino".

As Dan Gillmor writes at the Guardian
"A home-town jury has given Apple the world, or at least the United States, in its campaign to control the smart phone and tablet markets."
Take a look also at Nick Wingfield's article at the New York Times titled
Apple-Samsung Case Muddies the Future of Innovation
and his quote of the comments of the jury foreman.

Is the idea there that the role of juries is no longer to decide particular cases but rather to send THEIR "clear messages" to the rest of the world?

It is a novel view of the role of the jury in the legal system and most certainly not our idea of how the law should work, thank you.

At ars technica Jacqui Cheng writes:
"Samsung wrote to its employees, "The [Northern District of California] verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs. These courts also recognized our arguments concerning our standards patents. History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.""
Thankfully, "the world" and not the USA is the ultimate market, and in that world, this absurd US trial decision in the long term will be a bane and not a blessing to one of the world's most despicable monopolists and labor abusers. Just read the editorials at Engadget.
A win for Apple?
No, rather universal disgust.
Will users like us ever buy Apple products?

Patents, Apple, Samsung, Koh's Court & Jury, Poker and the Sucker: Guess Who?

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