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Posts by tooltalk

 @Maestro64  :  There are some restrictions on what can be trademarked, and the court notes, "trademark law allows for a perpetual monopoly and its use in the protection of “physical details and design of a product” must be limited to those that are “nonfunctional."    That's a pretty important factor to consider in trade dress cases and that's been Samsung's main argument against the first ruling all along.  The court likewise found that Apple failed to show there was...
 @john12345 : I doubt Samsung is going to stop here.  I'm a bit surprised that the appeal court upheld Apple's design patents that disgorged Samsung's "entire profit" without any apportionment, where the court applied rules appropriate for few-component furnitures v. multi-component communication devices.  This is also potentially bad for Apple in its lawsuit against Ericsson, though they are dealing with two different types of patents.
 not sure what you mean..  this case has nothing to do with the Eastern District of TX.   Samsung's PR campaign in TX has more to do with the patent trolls than Apple. 
 @sog35  : Samsung's sales really took off as the legal battle with Apple began in 2012. It was ultimately the Chinese phone makers who brought them down last year.  So I'm not sure if the lawsuits had any significant impact on Samsung's sales.  I also speculate that most consumers don't know or even care at all about these on-going lawsuits. 
 @Rogifan : according to the Ninth circuit:  "... has explained that “[t]rade dress is the totality of elements in which a product or service is packaged or presented."  the key word here is the "totality."  Designs patents are for particular design element.
 @freerange : Apple lost on all tablet design claims completely, everywhere.  In the UK, Apple was even ordered to publicly acknowledge this and Apple's hometown jury also rejected Apple tablet claims back in 2012.  That was not likewise part of the appeal this time around.
 @robm : go down.  
@spock1234  :  Sure, honey, and that's what exactly everyone else with the similar kind of patent portfolio charges. Do you have ANY idea how much everyone else is charging?   Ericsson is among the top contributors with large number of seminal and essential SEPs -- and there are perhaps only three or four others who could demand similar or higher rate, say Qualcomm, Alcatel, and Moto, not a dozen.  The exact figures are announced and published by the patent holders and...
 @tmay : not sure what you mean.  Apple lost all cases on the iPad claims -- all their iPad design patents were completely rejected and invalidated everywhere. The two shapes, "rectangular" and "rounded corners," I was referring to in my comment pertains to app-icons (USD604305 - GUI for a display screen) which allowed Apple to disgorge Samsung's entire profit on infringed devices.  
 Sure, that's just you and other people.  I also know a lot of folks who still need desktops computers, even without the internet. 
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