Apple-Samsung Trial

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    Posted: 01 August 2012 09:33 PM #46

    The theatrics are pretty amazing, as a non legal, I turn to the smell test, but the jury can have a different view.  The bottom line of this case will be if Samsung is forced to some type of settlement as this will cause the Android house of cards to fold.  Samsung is already hedging with some Microsoft handsets and for Apple if theY lose the current battle, they will find additional IP which Android misappropriated so we watch.

         
  • Posted: 01 August 2012 10:04 PM #47

    pats - 02 August 2012 12:33 AM

    ...as a non legal, I turn to the smell test, but the jury can have a different view.

    You have to remember that the jury doesn’t see or get to hear about most of the stuff that we’re reading about in the press…

    ...at least they’re not SUPPOSED to know about it.

         
  • Posted: 01 August 2012 11:21 PM #48

    I read Quinn’s declaration, which is available at:

    http://abovethelaw.com/2012/08/john-quinn-defends-his-personal-honor-as-apple-v-samsung-trial-gets-crazier/2/

    I thought it was pretty well thought out and decently researched.  (It’s almost like he was prepared for the backlash—gee, you think?) 

    If there are any sanctions handed down (which I doubt), I suspect they will be light.  Of course, Quinn didn’t win any points with the Judge with this tactic but he already knows the scoreboard is not looking kindly on him and he’s got 3 more weeks of a hellish trial to go through.

    Putting aside Samsung’s failure to preserve e-mails (which is damning enough in itself), let’s not forgot that in lay jurors’ minds Apple probably comes in to the trial with the reputation of America’s—hell, the world’s—most admired company and some foreign Sony-wannabe Korean company is ripping it off.  There’s something powerful and intuitive about that.  And Apple just shows the jurors the pictures of Samsung’s devices before-and-after the iPhone/IPad.  Fighting those background facts seems like it’s going to be a HUGE uphill battle for Samsung.

         
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    Posted: 01 August 2012 11:33 PM #49

    During is enough.

    As many should have seen by now:

    [ Edited: 01 August 2012 11:36 PM by Mav ]

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    The Summer of AAPL is here.  Enjoy it (responsibly) while it lasts.
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  • Posted: 01 August 2012 11:47 PM #50

    Thanks, Mav, I hadn’t seen the box designs before.

    Samsung should just change its motto to: Bigger, Blacker, Appler.

         
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    Posted: 02 August 2012 12:03 AM #51

    If this slide can’t get people to agree to call a spade a spade in at least 3 or 4 cases, they’re just being completely unreasonable.

    The guy who put this embarrassing montage together has it right.  This is a very, very sincere form of flattery.  And this was all before “Hello Galaxy.”  rolleyes

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    AFB Night Owl Team™
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  • Posted: 02 August 2012 12:51 AM #52

    Don’t forget they casted the same girl from one of the first iPhone 4S ads in a Korean Galaxy Tab spot.


    http://www.youtube.com/watch?v=fEWuYrymbXg


    But it’s all coincidence.

         
  • Posted: 02 August 2012 11:45 AM #53

    Mav - 02 August 2012 03:03 AM

    If this slide can’t get people to agree to call a spade a spade in at least 3 or 4 cases, they’re just being completely unreasonable.

    The guy who put this embarrassing montage together has it right.  This is a very, very sincere form of flattery.  And this was all before “Hello Galaxy.”  rolleyes

    The case will likely be decided on the exhibits and visual examples, not the words of the spin doctors.

         
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    Posted: 02 August 2012 07:57 PM #54

    If you’re gonna ask for the moon but probably be just fine settling for less, this is one way to go about it, I guess (rhyme not 100% intended):

    http://www.reuters.com/article/comments/idUSBRE87118P20120802

    Be amused by the “Apple isn’t cool anymore” comments.  I guess some morons and/or venomous adherents think Apple should just be the developer for the world.

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    The Summer of AAPL is here.  Enjoy it (responsibly) while it lasts.
    AFB Night Owl Team™
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  • Posted: 03 August 2012 10:46 AM #55

    And so it continues…

    Latest information is that the Judge has denied Apple’s complaint that Samsung have spoiled the jurors by releasing that information and will not grant Apple’s request for an instant win. (way too opportunistic call on Apple’s lawyer’s front I fear, but they did at least try)

    Samsung are trying to get everyone to believe that they “weren’t trying to mess with the jury”.

    Also am finding information from Howard Mintz (@hmintz) from the San Jose Mercury News worth following for information on twitter as well as the people listed above.

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  • Posted: 03 August 2012 11:14 AM #56

    John Molloy - 03 August 2012 01:46 PM

    And so it continues…

    Latest information is that the Judge has denied Apple’s complaint that Samsung have spoiled the jurors by releasing that information and will not grant Apple’s request for an instant win. (way too opportunistic call on Apple’s lawyer’s front I fear, but they did at least try)

    Samsung are trying to get everyone to believe that they “weren’t trying to mess with the jury”.

    Also am finding information from Howard Mintz (@hmintz) from the San Jose Mercury News worth following for information on twitter as well as the people listed above.

    I think Apple was posturing, giving Judge Koh the ability to rule against Apple to lower the perception that it’s receiving any favored treatment.

         
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    Posted: 03 August 2012 11:19 AM #57

    Apple drew a line in the sand, daring Samsung to cross it again.  The judge is more likely to rule in favor of Apple if Samsung does so.

    In a sense, Apple’s tactic was posturing.  But the bark shows the bite is my view.

         
  • Posted: 03 August 2012 01:30 PM #58

    Do we all believe not a single juror read any info about the Samsung leak? Ridiculous. Despite the displeasure shown by Koh, she is allowing Samsung’s manipulative tactics to work.

         
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    Posted: 03 August 2012 02:29 PM #59

    Tuffett - 03 August 2012 04:30 PM

    Do we all believe not a single juror read any info about the Samsung leak? Ridiculous. Despite the displeasure shown by Koh, she is allowing Samsung’s manipulative tactics to work.

    It is obvious that Samsung copied Apple’s design, and I’m sure that part will be an easy decision, but the question of wether they were first or it was original in patentable ways will be a much tougher call.

         
  • Posted: 03 August 2012 02:55 PM #60

    I fear what happened is the worst way the information could get out. If it were part of the trial Apple would be easily able to shoot the premise to pieces because it is so flimsy. As it stands, the average person will see this as Apple copying Sony and Samsung having an existing iPhone-like device, and there is now nothing Apple can do to change this view.