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Thread: Samsung Comes Out Ahead in Patent Case in Japan

  1. #21
    Previously Known as A.T MetallicaFan1991's Avatar
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    Quote Originally Posted by iRevival View Post
    I assume he means because of the way Faerie is spelled. In the states we spell it differently. Fairy. Similar to how we spell "color" here, they spell it "colour".
    No, we spell it "Fairy".

    MBP 15" 2.66Ghz Core 2 Duo Nvidia 9400M 9600GT 256MB OS X 10.6.4 Windows 7 June 2009
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  2. #22
    Quote Originally Posted by MetallicaFan1991 View Post
    No, we spell it "Fairy".
    I thought it would be interesting to see what the difference between Fairy and Faerie was so I did a bit of Googling. Some nice answers here for those that are interested... Which is the correct spelling: "Fairy" or "faerie"?

  3. #23
    This is how it went:
    Japan: Samsung won because everyone in the court was using a Samsung device.
    USA: Samsung lost because everyone in the court was using a Samsung device.

    Sorry couldn't resist...

  4. #24
    Livin the iPhone Life
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    Quote Originally Posted by Modding life View Post
    Samsung would still not win if it was hold in their hometown you steal ideas make profit off of stolen ideas you will loss no matter where its hold
    It already happened.
    Same lawsuit was heard in South Korea, and the courts said both company copied each other.
    Unlike biased U.S. jury, was not determined by judge so I will not call it a courts and jury can be biased, threw out the counter-suit filed by Samsung.

    Quote Originally Posted by mr117 View Post
    Court city bias is usually dealt with by moving a trial from a court in one area of a city to another (witness OJ Simpson's trial) to get a jury pool unaffected by close proximity to where the crime was committed (or to get a jury more amenable to either the defense or prosecution (again, OJ). Here we are talking about two things: whether a country has a predisposition to find in favor of one company over another based on the location of said company (which is a bit simplistic factoring in the global economy and the reality that companies are now multinational and aren't really anywhere) and whether the jury pool was comprised of, as someone here so cogently put it, "fanboys." I don't see how a jury in Northern California/Silicon Valley would be better or worse than one in Fresno or Sacramento or Los Angeles when it comes to a battle over cell phones/patent infringement. Unless every juror in the pool used an iPhone and had direct ties to Apple, it really shouldn't matter. I have a hard time believing a juror would make a decision based entirely on the love of the phone s/he used. However, I do think it is possible that a basic knowledge of phones might help jurors decide if one is using proprietary ideas stolen from another. Not altogether a bad thing. If I had a case against a car manufacturer, I'd try to find jurors who own cars, just so they would have some background to help them decide the case. So, unless everyone here thinks we should get Amish or Luddite jurors for all cases involving technology infringement cases, I don't see the issue. Oh, and I am fairly certain the the judge discussed these issues before the jury, and that opposing attorneys questioned prospective jurors before the trial as to their "fanboyness."
    You do know criminal law and patent law is different. In criminal law the case can be moved to a different location when the defendant can not be guaranteed a fair hearing, that is easy to prove in OJ's case because everyone that owned a TV saw him running from cops in his SUV. It is difficult to prove bias in patent law, what are you going to do search every jury's home for Apple of Samsung products? If Apple do not hold favoritism in California, they would not ask the court hearing in another patent case to be moved to California which I believe was denied by the judge of that case.

    As for favoritism it is possible when you see how much revenue was generated by Apple for the city and county and who here would know where Cupertino is if they do not own Apple product? The jury for the trial is local citizens which would favor Apple because of this as well. People would want to be on this jury because they can get famous for hearing such a high profile case, not hard to pretend they have no preconceived notion of any kind. So they can move the case to somewhere they would not be familiar with Apple or Samsung product maybe Amish country?
    Last edited by unison999; 08-31-2012 at 07:07 PM.

  5. #25
    Two points re the above: I was responding to a question regarding court cases having "home court" advantage. I merely addressed criminal court proceedings being moved to illustrate a single part of that discussion. As to the idea that holding a trial where a manufacturer is located is probably not going to be an issue (though I agree that there is a possibility that a severely nationalistic country might give preference to a "home grown" product). Apple (although not a country) may have felt that it would get a more balanced jury pool, tech-wise ("[t]he leading industries in Cupertino, California are Manufacturing, 32%; Professional, scientific, management, administrative, and waste management services, 19%; and Educational, health and social services, 12%";
    Education levels in Cupertino
    Less than 9th grade 2%
    9th to 12th grade, no diploma 3%
    High school graduate 9%
    Some college, no degree 14%
    Associate's degree 7%
    Bachelor's degree 32%
    Graduate degree 33%).

    However, Silicon Valley is the home for many, many manufactures. Oracle and HP are also players in the area (although Apple has the most employees), so to state that the jury pool is tilted towards Apple is specious at best. Cupertino is not an Apple company town. And the people who live there are highly-educated (65% have college degrees) and should be able to sit on a jury in a patent-infringement case and decide it on its merits.

    "People would want to be on this jury because they can get famous for hearing such a high profile case" I don't understand. No juror is getting famous from this case. I don't see how anyone would profit from being on this jury. There is no vast conspiracy of Illuminati that this flows from.

    "So they can move the case to somewhere they would not be familiar with Apple or Samsung product maybe Amish country?" I suspect that Apple WANTED an educated jury pool familiar with the concepts to be covered. Remember that the judge commented that the case might be too complex for most jurors, yet they seemed quite able to come to a finding. Trying the case in "Amish country" would be a lot more problematic if the attorneys had to instruct the jurors as to what software was (for you Amish out there, small joke.).
    Last edited by mr117; 08-31-2012 at 09:54 PM.

  6. #26
    Quote Originally Posted by Dysprosia View Post
    HTML is cool
    is not

  7. #27
    I'm only a bit of an Apple fan and kind of an otaku.

    But I think Apple shouldn't have sued anyone in the first place. They can be a little positive and think about it as adventising.
    Apple (in general) seem to have low self esteem. They're a great company, why won't they realize it.
    Apple influenced the mobile industry. They should be proud. It's hard to think of Apple, or Samsung, as and "bad guy" though.
    Little companies look up to big companies.
    I hate it when my ideas were stolen, but every "idea" is different. If someone stole an idea think of a new one. (motto "Think different") Sorry...Nintendo fan typing.

    Also if you guys don't want Apple to keep suing companies, remember ANGER DOES NOT SOLVE EVERYTHING.

    I will never becom a business person, thanks to my naive way of thinking. *preparing for rants*

  8. #28
    Apple has become the monster that they stared in the abyss back when they were still the underdogs. And Android now is what Apple used to be. They are now the crazy ones, the misfits, the rebels, the troublemakers. They are now the round pegs in the square holes. And the different phones running on the different OSes with all their little issues and troubles represent the chaotic EXCITING world of Android. The raw, untamed wild. This time, Android phones are the ones thinking differently, and the trouble the pioneering phones are experiencing are the risks they take for blazing into parts unknown. And the best part is it will get better.

    Apple? Apple has become safe and complacent. They've become lazy and paranoid and they're nervous about what kind of threat Android can become. I say good for them. Let them push Samsung, the other Android handsets, and pretty soon, they'll push Google and Google will have had enough and push back. Massively.

    And it will be GLORIOUS.

  9. #29
    Quote Originally Posted by zozodouce View Post
    Apple has become the monster that they stared in the abyss back when they were still the underdogs. And Android now is what Apple used to be. They are now the crazy ones, the misfits, the rebels, the troublemakers. They are now the round pegs in the square holes. And the different phones running on the different OSes with all their little issues and troubles represent the chaotic EXCITING world of Android. The raw, untamed wild. This time, Android phones are the ones thinking differently, and the trouble the pioneering phones are experiencing are the risks they take for blazing into parts unknown. And the best part is it will get better.

    Apple? Apple has become safe and complacent. They've become lazy and paranoid and they're nervous about what kind of threat Android can become. I say good for them. Let them push Samsung, the other Android handsets, and pretty soon, they'll push Google and Google will have had enough and push back. Massively.

    And it will be GLORIOUS.
    There's a certain truth to what you're saying - in all the fighting ultimately being good for US, the consumer. We get better products. But you're overstating. Apple wouldn't be soaring in sales, have become the most profitable company in history recently without still innovating. Apple's been innovating from the start - and others have copied. Samsung/Android are getting their butts kicked here plainly and simply because they didn't have an idea of THEIR OWN. They copied. Period. GUI and all -- a copy with minor changes to try and slip past patent infringement and in, what is it? "8" areas?, they didn't 'get it past us' -- they copied Apple - directly and got caught and punished for it. Intellectual property is meaning less and less to people under 30 who've been stealing music since Napster and seeing it as 'not stealing'. It's a morally bankrupt attitude. But their Boomer parents didn't teach them what gets defined as 'stealing' - because they didn't monitor their kids' computer use and don't even know what a 'Napster' was. It's gonna get harder and harder to proteect patent rights with consumer electronics and copyrights with music. Then there's China stealing everything too. Yikes...

    So this is the world we get when take 'absolutes' out of the equation. :-/

  10. #30
    Quote Originally Posted by zozodouce View Post
    Apple has become the monster that they stared in the abyss back when they were still the underdogs. And Android now is what Apple used to be. They are now the crazy ones, the misfits, the rebels, the troublemakers. They are now the round pegs in the square holes. And the different phones running on the different OSes with all their little issues and troubles represent the chaotic EXCITING world of Android. The raw, untamed wild. This time, Android phones are the ones thinking differently, and the trouble the pioneering phones are experiencing are the risks they take for blazing into parts unknown. And the best part is it will get better.

    Apple? Apple has become safe and complacent. They've become lazy and paranoid and they're nervous about what kind of threat Android can become. I say good for them. Let them push Samsung, the other Android handsets, and pretty soon, they'll push Google and Google will have had enough and push back. Massively.

    And it will be GLORIOUS.
    That's kind of harsh, but I agree.

  11. #31
    iPhone? More like MyPhone rockyseay's Avatar
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    Quote Originally Posted by NewdestinyX View Post
    There's a certain truth to what you're saying - in all the fighting ultimately being good for US, the consumer. We get better products. But you're overstating. Apple wouldn't be soaring in sales, have become the most profitable company in history recently without still innovating. Apple's been innovating from the start - and others have copied. Samsung/Android are getting their butts kicked here plainly and simply because they didn't have an idea of THEIR OWN. They copied. Period. GUI and all -- a copy with minor changes to try and slip past patent infringement and in, what is it? "8" areas?, they didn't 'get it past us' -- they copied Apple - directly and got caught and punished for it. Intellectual property is meaning less and less to people under 30 who've been stealing music since Napster and seeing it as 'not stealing'. It's a morally bankrupt attitude. But their Boomer parents didn't teach them what gets defined as 'stealing' - because they didn't monitor their kids' computer use and don't even know what a 'Napster' was. It's gonna get harder and harder to proteect patent rights with consumer electronics and copyrights with music. Then there's China stealing everything too. Yikes...

    So this is the world we get when take 'absolutes' out of the equation. :-/
    Apple has copied more than ANYONE. Show me more then 10 things they did first and I'll give you a cookie. Taking a idea and adding to it is NOT innovation.

  12. #32
    Quote Originally Posted by TechnoUniversity View Post
    Apple has copied more than ANYONE. Show me more then 10 things they did first and I'll give you a cookie. Taking a idea and adding to it is NOT innovation.
    Complete nonsense. Apple has been the only true innovator of communications and lifestyle electronics in the 20th century. No one can take that away from them. Please read the whole thread before you reply. You would have already heard the arguments against your position.

  13. #33
    iPhone? More like MyPhone rockyseay's Avatar
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    Quote Originally Posted by NewdestinyX View Post
    Complete nonsense. Apple has been the only true innovator of communications and lifestyle electronics in the 20th century. No one can take that away from them. Please read the whole thread before you reply. You would have already heard the arguments against your position.
    I read the crap people been posting in here and majority of it is crap. Just show me the stuff Apple truly invented first and then I'll be satisfied. Now Apple is a great company because the understood that in order to be effective the must control the hardware and the software and the original iPhone but that's it.

  14. #34
    Quote Originally Posted by TechnoUniversity View Post
    I read the crap people been posting in here and majority of it is crap. Just show me the stuff Apple truly invented first and then I'll be satisfied. Now Apple is a great company because the understood that in order to be effective the must control the hardware and the software and the original iPhone but that's it.
    You obviously haven't read the whole thread or you would have seen all the examples of Apple's true innovations. Not gonna debate with you if you won't do the homework. Everything Apple has a patent on - was the 'first' of its exact kind ever. Never on the planet before they did it. Were there other ideas out there even a few DISTANT PRECURSOR inventions. Sure. But that's not the issue. The issue is - who got innovated it to the point where the masses would buy it. This is where Jobs was brilliant. And though Gates got things to the masses - he never 'innovated' anything. He just copied to his own operating system, repackaged and sold. He copied. Apple didn't do that. And that's the point. Apple are idea people.. Other companies copy. There were no Tablets like the iPad until Jobs invented it - and then many copied exact design.
    Last edited by NewdestinyX; 09-01-2012 at 03:13 PM.

  15. #35
    Thank god apple won )

  16. #36
    LOL, what will happen next?

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