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Friday, August 24, 2012

Stupid Is A Stupid Does : Verdict in Apple vs Samung US Patent Trial

The jury mostly found in Apple's favor. They awarded a whopping $1.05B in damages to Apple.

Ok, lets get this straight - Samsung did copy Apple's stuff. Not much question how obvious that is. However, Apple has patents for the obvious stuff. The jury found Apple's patents to be valid ! What the hell are they smoking ? Are they serious ? How stupid can you be ?

This jury could of in many way laid software patents flat to the ground. If they had invalidated most of Apple's obvious patents the precedent would of been set that patents on the obvious when it comes to software should be struck down. Its nothing more than trying to get a monopoly on basic ideas. Lets face it, shoe laces would be patented if they could be. Its ridiculous. On thing for sure, you can bet Samsung will file an appeal. I very much hope they succeed in invalidating a lot of Apple's UI patents because for them to stand would be a chilling effect to all software innovation. Me personally, I think most software patents should be wiped away when it comes to ones that are general ideas, are simply the best obvious solution that only leave other far less better solutions to the problem, virtually al UI patents. Maybe I should go file a patent for the use of RGB 0,0,0 as a UI indicator for nothing, or for improving the readability of text on the screen as opposed to RGB 1,1,1. Ya.... its that stupid.

In some after thought, I'm almost thinking that the jury was overwhelmed. They got hit with a 700 question document which required a decision on each item with unanimous vote. I'm sure in many respects they just wanted it done and just started going with the obvious without really considering what the ramifications where. I'll also point out that the judge in this case limited the hours each side had to present witnesses. 25 hours could easily of been used to dispute just ONE patent. Yet all either side had was a very limited amount of time to deal with a hugely complex case. In some respects, while its good that the judge wanted to control the trial and prevent it for going on for a full year, he also did such a huge limiation on this that it borders on grounds for a mistrial because it prevented evidence and witnesses from being introduced and thoroughly examined. I also think Samsung's lawyers goofed the case up a bit too, but thats another thing entirely. 

One thing for sure, the appeal will be interesting.