You read and you can only wonder.....

Story: ITC judge recommends ban on Samsung devices infringing on Apple patentsTotal Replies: 7
Author Content
Ridcully

Dec 30, 2012
11:42 PM EDT
.....at the total mess, chaos and misuse of the patent system in the USA. To me as a long distance outsider, Apple isn't trying to do anything else except destroy a competitor, produce its own monopoly, game the system and misuse the American legal system for commercial competition. The really frightening thing to me is that the USA Congress seems to be quite content to let things keep going as they are. Happy New Year Samsung.
BernardSwiss

Dec 31, 2012
12:45 AM EDT
This Judge's language strongly implied that he was strongly predisposed to side with Apple on what he considered a pretty clear case that he was merely examining quite thoroughly (à la the "Cheech and Chong" test/reference) despite the apparent obviousness of the inevitable conclusion.

I hope that the next stage of this process will recognize that the original facts and assumptions need to be revisited, since it should be clear that the basis for the proposed decision (instigated last October) plainly needs to be reconsidered in light of newer developments?

But the ITC could conceivably just decide that the jury verdict is plenty good enough to justify what they expected to do anyways, and stop looking right there.
jdixon

Dec 31, 2012
8:56 AM EDT
> The really frightening thing to me is that the USA Congress seems to be quite content to let things keep going as they are.

How do you think they get businesses to donate to their re-election campaigns?.
HoTMetaL

Dec 31, 2012
9:30 AM EDT
We should force judges to disclose the type of phone they carry. I smell bias. Anything that isn't a clamshell flip from the 2005 era should recuse him or herself.
Ridcully

Dec 31, 2012
6:19 PM EDT
@jdixon.........And your question underlines my chief worry about how the USA government is formed. HoTMetal targetted bias in the legal system. Here's another: All election donations must be disclosed and made totally public. But I think we might be getting a little too close to what is acceptable comment on this site ??
BernardSwiss

Dec 31, 2012
7:12 PM EDT
I thought the big problem was that most judges are not familiar enough with modern technology?

We want more technologically astute judges, like Alsup or Posner, who know better than to be bamboozled by techno-babble. and certainly don't want more "old fogies" who still need their email printed out for them as hard-copy and stacked in their "In" trays by their secretary.

Ridcully

Dec 31, 2012
9:13 PM EDT
@ BernardSwiss........I could not agree more ! Allowing software patent cases to be decided by judges who do not either have a background in technology and software is sheer lunacy in my book. As for juries without any expertise.....the Samsung case has shown the results and underlined the dangers very clearly as far as I am concerned.
jdixon

Dec 31, 2012
10:20 PM EDT
> And your question underlines my chief worry about how the USA government is formed.

That's not the form of the US government, Ridcully. It''s more like a perversion of it. But it is currently how it operates. And you're not the only one who worries about it.

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