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Samsung attorney argued in court without proper license to practice - Page 3

post #81 of 105

I think the most unfair thing about this is that reality has a well-known Apple bias. 

post #82 of 105
Quote:
Originally Posted by pragmatous View Post

Are you serious? Every company lies and has corruption. Even your precious Apple. Just because you don't get caught that doesn't make it right.

In the context of your reply to 69ergoo, it almost sounds like you are arguing two wrongs make a right, or Apple lies, so it's ok for Samsung to lie? What a strange argument.

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post #83 of 105

Hilarious! Really funny!

post #84 of 105
Quote:
Originally Posted by boredumb View Post

Uh...I don't get it...couldn't she just copy someone else's license???

Hilarious! Really funny!

post #85 of 105
Quote:
Originally Posted by anantksundaram View Post

So it's alright for us to assume you could be a corrupt person too, but just didn't get caught?

Well played!
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post #86 of 105
Quote:
Originally Posted by Suddenly Newton View Post


I doubt it. It sounds like a procedural issue, although she or the legal team could be sanctioned over the (cough) "omission" (cough)

 

Anything the jury doesn't hear about is unlikely to make a difference in the outcome. But I do find it interesting that Emanual was allegedly brought in because of "increased pressure on the team's other members." What does that mean? Have a couple of lawyers been already pulled out? Was it too hard for some to keep a straight face while arguing Samsung's case before the court. Had some lost all hope and advised total capitulation?

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post #87 of 105
Quote:
Originally Posted by pragmatous View Post

No most that will happen is a fine. Probably in the millions. Samsung does look guilty but I think the fine will be about 250million give or take a few million.

 

Quote:
Originally Posted by ChuckVader View Post

 

lol, not quite. Samsung is a gigantic corporation. Stock value wise Apple may be bigger, but Samsung is far more diversified and established. If Samsungs entire phone division disappeared it would be a blow, but not exactly a staggering one. That being said, this case will likely amount to little more than a couple hundred million in fines, a drop in the bucket for both of these juggernauts.

Yeah but how can anyone take them seriously after this trial?

post #88 of 105
Quote:
Originally Posted by Feynman View Post

 

Yeah but how can anyone take them seriously after this trial?

people will still continue to buy fheir products. When the Apple app store was embarrassed due to the employee that simultaneously was banning legit apps while promoting his own "fart" apps, Apple woke up with pie on its face, but people woke up the next morning and still bought iphones. Same thing goes for Samsung, regardless of amusing gaffes the Galaxy SIII is still a great phone and people will still continue to buy it.

post #89 of 105
Quote:
Originally Posted by ChuckVader View Post

people will still continue to buy fheir products. When the Apple app store was embarrassed due to the employee that simultaneously was banning legit apps while promoting his own "fart" apps, Apple woke up with pie on its face, but people woke up the next morning and still bought iphones. Same thing goes for Samsung, regardless of amusing gaffes the Galaxy SIII is still a great phone and people will still continue to buy it.

Yep, a multi-billion dollar patent trial that may point to a corrupt or non-existent innovation process and a few silly apps that may need to be pulled are the same in terms of corporate impact.

And yep, I am sure S3 sales are smooth.
post #90 of 105
Quote:
Originally Posted by Crimguy View Post

As an attorney licensed to practice in a federal jurisdiction, while the attorney indeed made an error, it's not exactly the end of the world.  I wouldn't expect the court to be too upset, although federal judges have been known to blow a gasket for less.  Getting admitted to a federal jurisdiction when you're already admitted in another is pretty simple affair, and usually in federal cases it's simply a matter of moving to represent an individual "pro hac vice".  Again no biggie.

 

This is a bit embarrassing (I know exactly where I'm admitted to practice - I find it hard to understand how someone cannot know their status), but not grounds for a mistrial when the attorney argued a motion hearing, not the trial itself.  They could argue theoretically their counsel was ineffective during the hearing which played a part in what was or was not admissible in court, but I don't see that getting any traction.


Well said. This is more embarrassing than anything to the Samsung legal team.

post #91 of 105
Quote:
Originally Posted by VinitaBoy View Post

Susan Estrich . . . the Carol Channing of the courtroom!  (Makes sense if you've ever heard her speak.)

 

Except Carol Channing is a really nice lady with an unusual and distinctive voice.  This lady might have the voice but is by all accounts not very nice at all. 

post #92 of 105
Quote:
Originally Posted by boredumb View Post

Uh...I don't get it...couldn't she just copy someone else's license???

 

hahahaha nice!

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post #93 of 105
Quote:
Originally Posted by Macky the Macky View Post

Yeah, to the North part where the son is no longer Il.

...where kim jong is no longer ill.

post #94 of 105
Quote:
Originally Posted by boredumb View Post

Uh...I don't get it...couldn't she just copy someone else's license???

 

She can't. It would look like a bowl of water.

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post #95 of 105
Quote:
Originally Posted by xRCx View Post
 Even die hard samsung fans have to be struggling internally with supporting this nonsense.

 

Since when does Samsung have its own army of fanatics?

Quote:
Originally Posted by hill60 View Post

"Honest officer, I thought I had a license to drive this car here, I'll just go get one."

 

One rule for the average Joe, why should there be another one for lawyers?


It's something pretty specific. She would have had to pass the California bar. She's apparently just not admitted in that district.

post #96 of 105
Originally Posted by hmm View Post
Since when does Samsung have its own army of fanatics?

 

Since the Anti-Apple Brigade has realized Samsung is Apple's current target.

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post #97 of 105
Quote:
Originally Posted by Relefunt View Post

I think the most unfair thing about this is that reality has a well-known Apple bias. 

 

Denial.

post #98 of 105
Quote:
Originally Posted by boredumb View Post

Uh...I don't get it...couldn't she just copy someone else's license???

Well said.
Quote:
Originally Posted by mdriftmeyer View Post

That wretch of a woman is a law professor at USC? Correct me if I'm wrong, but should she not be sanctioned and get her ABA status to practice law disabled until she complies?

It could be grounds for disbarment.

It could also cost up to a year in jail:
http://da.co.la.ca.us/pdf/UPLpublic.pdf
Quote:
Originally Posted by xRCx View Post

I think apple should motion for circus music to be played everytime a samsung lawyer speaks.

Better yet. Allow Apple to show the movie Pinocchio when Samsung's lawyers are speaking and then show a video of the Samsung attorney's nose growing.
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post #99 of 105
Quote:
Originally Posted by jragosta View Post


Well said.
It could be grounds for disbarment.
It could also cost up to a year in jail:
http://da.co.la.ca.us/pdf/UPLpublic.pdf
Better yet. Allow Apple to show the movie Pinocchio when Samsung's lawyers are speaking and then show a video of the Samsung attorney's nose growing.

Your link has nothing to do with penalties for failing to request admission to a specific court for an otherwise licensed attorney and member of the California State Bar in good standing, which she is. She's properly licensed to practice law in California and has been for a long time. Her failure to ensure she had formal admittance in that particular court is not a criminal offense. Read your link paying attention to clarifications if you have a question about that. There's no danger of her spending a potential "year in jail" under penalties you've cited in that document.

 

In Ms Estrich' case, admission was a formality tho a required one, and accomplished very quickly and without fanfare. AI article title implies she wasn't licensed to practice law, which is inaccurate. She had not yet been granted admission to that specific district, a huge difference.


Edited by Gatorguy - 8/12/12 at 3:00pm
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post #100 of 105
Quote:
Originally Posted by Tallest Skil View Post

 

Since the Anti-Apple Brigade has realized Samsung is Apple's current target.


Bleck.. that sounds like a boring reason to support anything. I only commented as I found this one genuinely surprising. I'm wondering if details are missing here. Overall it seems a bit weird to me unless she typically only works as a professor and media pundit. She must have passed the state bar, and this requires a certain amount of maintenance work/education every X number of years. It is an issue, just not one I would have expected.

post #101 of 105
Quote:
Originally Posted by Gatorguy View Post

Your link has nothing to do with penalties for failing to request admission to a specific court for an otherwise licensed attorney and member of the California State Bar in good standing, which she is. She's properly licensed to practice law in California and has been for a long time. Her failure to ensure she had formal admittance in that particular court is not a criminal offense. Read your link paying attention to clarifications if you have a question about that. There's no danger of her spending a potential "year in jail" under penalties you've cited in that document.

In Ms Estrich' case, admission was a formality tho a required one, and accomplished very quickly and without fanfare. AI article title implies she wasn't licensed to practice law, which is inaccurate. She had not yet been granted admission to that specific district, a huge difference.

Even if that were true - and there's absolutely no reason to believe that you know more than the article's authors - it's really amazing that you're defending Samsung in this case.
- They've already been sanctioned 4 times in this case (according to Foss Patents)
- They violated the court's order not to bring witnesses into the court room
- They have an attorney who is not legally permitted to be arguing cases in front of the court
- They publicized evidence that the court told them was inadmissible - presumably in the hopes of tainting the jury
- They destroyed evidence - even after being sanctioned for doing so by a previous court

How many more times can they stick their middle finger up to the judge before they learn that laws are meant to be followed?

Frankly, their behavior in this trial supports Apple's allegations - they have no respect for the US legal system and seem to think that they're above the law.
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post #102 of 105
Quote:
Originally Posted by jragosta View Post


Even if that were true - and there's absolutely no reason to believe that you know more than the article's authors - it's really amazing that you're defending Samsung in this case.

How is supporting Samsung, no strangers to misinformation themselves, to point out your post is wrong?

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post #103 of 105
Quote:
Originally Posted by Gatorguy View Post

How is supporting Samsung, no strangers to misinformation themselves, to point out your post is wrong?


Oh, merely the fact that no matter how egregious Samsung's behavior, you continue to defend them.
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post #104 of 105
Quote:
Originally Posted by jragosta View Post


Oh, merely the fact that no matter how egregious Samsung's behavior, you continue to defend them.

Besides the fact I haven't supported Samsung (links please if you think I have), it doesn't make your claims about jail time correct even if I did.

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post #105 of 105
Quote:
Originally Posted by jragosta View Post


Oh, merely the fact that no matter how egregious Samsung's behavior, you continue to defend them.

Stick to point. The issue in this post of this attorney and what they did is a procedural one, nothing more. Whether the overall conduct of the Samsung legal team is within the bounds of the U.S. legal system or not or points to behavior warranting punishment is a whole other issue. In this particular case the attorney failed to comply with a procedural requirement and this has been rectified. More embarrasing than anything but it certainly does not affect the merits, or lack of with respect to Samsung's case. I am not defending Samsung or supporting Apple, I am merely pointing out, as Gatorguy was as well that the actions of this particular attorney with respect to this particular issue is a procedural one easily rectified. It does not affect the substance of their legal arguments.

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