Judge denies Samsung's "2001: A Space Odyssey," Fidler Tablet arguments

1356

Comments

  • Reply 41 of 114

    Quote:

    Originally Posted by Gatorguy View Post


    At least if they're biased (and regarding MS they may be) it's out of their beliefs and not because they're paid to be. Not all patent bloggers can say that. ;)



     


    Irrelevant. Bias is bias, regardless of reason. And I've seen many people online post so much garbage about Apple you'd think they must be getting paid, when in fact it's simply their hatred that motivates them.


     


     


    Samsung never would have gotten anything out of this ridiculous prior art argument. Apple isn't claiming that all tablets infringe their design. Only tablets that have a specific combination of attributes. This is why the original Galaxy was deemed to infringe in Germany, but the slightly modified one didn't. And looking at all the other tablets out there it becomes clear there are many ways to make a tablet and stil be unique. Just like all Samsung's prototype phones show there are many ways to make a smartphone.


     


    This is also why I think Samsung is going to hurt their case showing all their previous designs. If they had so many, then how come the Galaxy S turned out to be so similar to an iPhone?

  • Reply 42 of 114
    haggarhaggar Posts: 1,568member


    Are there any practicing lawyers here?  The judge's denial seems to go against the concept of surprise evidence and surprise witnesses often seen in courtroom dramas.  What if new evidence is discovered in the middle of a trial?  It cannot be considered?  Does discovery also require both sides to reveal their arguments and strategies before the trial even begins?  What if someone comes up with a new argument during the trial?  It cannot be used?

  • Reply 43 of 114


    I had this dream, I was sitting at my desk at work, which happened to be a company that manufactured cheap plastic craft and photo products, back when I worked there in the late 80's and as usual, I was tired of dealing with the boring number crunching I had to do for Wal-Mart, my largest customer, on the plastic canvas we sold them.  This was back in the day when computers were still a thing that not everyone had and the ones we were using were horrible, at best, green screen monitors that we could run our company system on.  In the dream I see myself pushing aside this crappy computer and grab a hold of this shiny, like glass, black edged object.  It's seems to be a little less than 10" diagonally in size, rectangular in shape with rounded corner and just a single button towards the bottom middle of the screen within the black edge band - or frame.  That is what it looked like a frame, given the company produced a wide range of photo frames that were sold into the mini-lab and mass markets.  So I touch this button at the bottom of the frame, or maybe it's the side, I can't tell for sure.  It turns on, or whatever it was doing to light up the screen with a full color display sharper, brighter and more bold than any tv or computer I've ever seen.


     


    On the screen are a number of square characters/symbols and when I accidentally brush my hand across the screen, the symbols disappear and on the screen appears a movie, 2001 A Space Odyssey.  My god, what is this I thought?  A movie player - but it couldn't be because it could no way ever hold a VHS cassette.  And it wasn't connected to any cables or jacks, so it couldn't just be a new fangled thin tv.  Frightened, and a little excited, I push the button on frame again and the movie stops and the screen goes back to showing all the symbols.


     


    I was so flustered, I woke up and wrote down all these details, including a pencil drawing of what I saw in the dream.  I notarized the drawing, just in case something like this ever was produced, so I could show people and prove I had some crazy future dream.  Little did I ever expect to be in the position I am with proof positive that my dream IS the prior art that proves beyond a reasonable doubt that Apple was not the first to create a tablet computer with the design that has now become ubiquitous with tablet computing.  I'm even a little dizzy with excitement now just thinking about being put on the stand to prove out Apple should have their iPad design patent pulled.  Gosh, all that from a crazy dream.  Who'd a thunk?

  • Reply 44 of 114
    successsuccess Posts: 1,040member

    Quote:

    Originally Posted by EricTheHalfBee View Post


     


    You should recuse yourself as you've shown your ignorance on a number of occasions. Edit: Someone beat me to it.


     


     


    You're kidding, right? Groklaw is so biased against Apple and MS it's not even funny. Even funnier is how they make themselves out to be neutral and non-biased.



    It's impossible for a human to be 100% unbiased. 

  • Reply 45 of 114
    ssquirrelssquirrel Posts: 1,196member

    Quote:

    Originally Posted by Haggar View Post


    Are there any practicing lawyers here?  The judge's denial seems to go against the concept of surprise evidence and surprise witnesses often seen in courtroom dramas.  What if new evidence is discovered in the middle of a trial?  It cannot be considered?  Does discovery also require both sides to reveal their arguments and strategies before the trial even begins?  What if someone comes up with a new argument during the trial?  It cannot be used?



     


    Not a lawyer but my dad was.  Basically courtroom dramas are mostly crap.   Surprise evidence has to be presented to the judge, a DAMN good case made for it to be entered and then the opposing side is also allowed time to review it, usually delaying the trial at least a couple of days.  They had over a year to come up w/this stuff, it was late, tough for Samsung.

  • Reply 46 of 114


    Also Sprach Koh. 

  • Reply 47 of 114
    successsuccess Posts: 1,040member

    Quote:

    Originally Posted by jmgregory1 View Post


    I had this dream, I was sitting at my desk at work, which happened to be a company that manufactured cheap plastic craft and photo products, back when I worked there in the late 80's and as usual, I was tired of dealing with the boring number crunching I had to do for Wal-Mart, my largest customer, on the plastic canvas we sold them.  This was back in the day when computers were still a thing that not everyone had and the ones we were using were horrible, at best, green screen monitors that we could run our company system on.  In the dream I see myself pushing aside this crappy computer and grab a hold of this shiny, like glass, black edged object.  It's seems to be a little less than 10" diagonally in size, rectangular in shape with rounded corner and just a single button towards the bottom middle of the screen within the black edge band - or frame.  That is what it looked like a frame, given the company produced a wide range of photo frames that were sold into the mini-lab and mass markets.  So I touch this button at the bottom of the frame, or maybe it's the side, I can't tell for sure.  It turns on, or whatever it was doing to light up the screen with a full color display sharper, brighter and more bold than any tv or computer I've ever seen.


     


    On the screen are a number of square characters/symbols and when I accidentally brush my hand across the screen, the symbols disappear and on the screen appears a movie, 2001 A Space Odyssey.  My god, what is this I thought?  A movie player - but it couldn't be because it could no way ever hold a VHS cassette.  And it wasn't connected to any cables or jacks, so it couldn't just be a new fangled thin tv.  Frightened, and a little excited, I push the button on frame again and the movie stops and the screen goes back to showing all the symbols.


     


    I was so flustered, I woke up and wrote down all these details, including a pencil drawing of what I saw in the dream.  I notarized the drawing, just in case something like this ever was produced, so I could show people and prove I had some crazy future dream.  Little did I ever expect to be in the position I am with proof positive that my dream IS the prior art that proves beyond a reasonable doubt that Apple was not the first to create a tablet computer with the design that has now become ubiquitous with tablet computing.  I'm even a little dizzy with excitement now just thinking about being put on the stand to prove out Apple should have their iPad design patent pulled.  Gosh, all that from a crazy dream.  Who'd a thunk?



    Maybe the dream was influenced by 70s/80s Star Trek. Anyone can play that game.


     


    So did you create this tablet? If not, the dream doesn't have any practical value.

  • Reply 48 of 114
    quadra 610quadra 610 Posts: 6,757member

    Quote:

    Originally Posted by success View Post


    It's impossible for a human to be 100% unbiased. 



     


    The facts have a pro-Apple bias. 


     


    *shrugs*

  • Reply 49 of 114
    success wrote: »
    It's impossible for a human to be 100% unbiased. 
    Of course. But it's funny when someone goes out of their way to say they're not biased when they clearly are.
  • Reply 50 of 114
    MacProMacPro Posts: 19,727member
    "Dammit Jim,  You know using a Stylus obviates this as Prior Art!"

    700

    Brilliant! ROFL
  • Reply 51 of 114
    focherfocher Posts: 687member
    Under Samsung's argument (and those who support it) is that a patent wouldn't even be legitimate for a time machine. Apparently anything that has ever been imagined and fictionalized is prior art. I think they don't understand the term "art" isn't the definition their mind.
  • Reply 52 of 114
    SpamSandwichSpamSandwich Posts: 33,407member

    Quote:

    Originally Posted by Haggar View Post


    Are there any practicing lawyers here?  The judge's denial seems to go against the concept of surprise evidence and surprise witnesses often seen in courtroom dramas.  What if new evidence is discovered in the middle of a trial?  It cannot be considered?  Does discovery also require both sides to reveal their arguments and strategies before the trial even begins?  What if someone comes up with a new argument during the trial?  It cannot be used?



     


    TV lawyers work on imaginary cases. The real stuff is often boring and doesn't fit in half-hour or one hour episodes.

  • Reply 53 of 114
    SpamSandwichSpamSandwich Posts: 33,407member

    Quote:

    Originally Posted by jmgregory1 View Post


    I had this dream, I was sitting at my desk at work, which happened to be a company that manufactured cheap plastic craft and photo products, back when I worked there in the late 80's and as usual, I was tired of dealing with the boring number crunching I had to do for Wal-Mart, my largest customer, on the plastic canvas we sold them.  This was back in the day when computers were still a thing that not everyone had and the ones we were using were horrible, at best, green screen monitors that we could run our company system on.  In the dream I see myself pushing aside this crappy computer and grab a hold of this shiny, like glass, black edged object.  It's seems to be a little less than 10" diagonally in size, rectangular in shape with rounded corner and just a single button towards the bottom middle of the screen within the black edge band - or frame.  That is what it looked like a frame, given the company produced a wide range of photo frames that were sold into the mini-lab and mass markets.  So I touch this button at the bottom of the frame, or maybe it's the side, I can't tell for sure.  It turns on, or whatever it was doing to light up the screen with a full color display sharper, brighter and more bold than any tv or computer I've ever seen.


     


    On the screen are a number of square characters/symbols and when I accidentally brush my hand across the screen, the symbols disappear and on the screen appears a movie, 2001 A Space Odyssey.  My god, what is this I thought?  A movie player - but it couldn't be because it could no way ever hold a VHS cassette.  And it wasn't connected to any cables or jacks, so it couldn't just be a new fangled thin tv.  Frightened, and a little excited, I push the button on frame again and the movie stops and the screen goes back to showing all the symbols.


     


    I was so flustered, I woke up and wrote down all these details, including a pencil drawing of what I saw in the dream.  I notarized the drawing, just in case something like this ever was produced, so I could show people and prove I had some crazy future dream.  Little did I ever expect to be in the position I am with proof positive that my dream IS the prior art that proves beyond a reasonable doubt that Apple was not the first to create a tablet computer with the design that has now become ubiquitous with tablet computing.  I'm even a little dizzy with excitement now just thinking about being put on the stand to prove out Apple should have their iPad design patent pulled.  Gosh, all that from a crazy dream.  Who'd a thunk?



     


    Uh-huh. Right.

  • Reply 54 of 114
    slurpyslurpy Posts: 5,384member

    Quote:

    Originally Posted by success View Post


    It's impossible for a human to be 100% unbiased. 



     


    Sure, but some people actually make an honest, concerted effort to be objective and see things from all sides, considering all factors and variables before coming up with an opinion/judgement. There are others who don't bother going through this process and base their opinion on irrational, non-factual elements, and distort reality to fit their own preconceived notions of who's good and who's bad. It seems to be anyone still defending Samsung at this point fall into the latter category, people who despise Apple so much/love Samsung so much that they're unwilling to objectively assess their arguments, their claims, and their behavior, mindlessly cheering on the garbage they're spouting now. 

  • Reply 55 of 114
    dunksdunks Posts: 1,254member

    Quote:

    Originally Posted by mrmantle View Post


    Space Odyssey is a great film, especially the part with the guy reading the instructions on how to use the toilet in space.  Somehow seems appropriate.



     


    Saw it last night for the first time and yes that scene is amusing. Ten steps of instructions in a miniscule font. Samsung design for sure.

  • Reply 56 of 114
    success wrote: »
    Maybe the dream was influenced by 70s/80s Star Trek. Anyone can play that game.

    So did you create this tablet? If not, the dream doesn't have any practical value.

    No, my dream was the inspiration for the detailed drawings I created, albeit in pencil, that clearly show a tablet very similar to what became the iPad. Therefor I do indeed have prior art for the design and even some functionality on the os given my notes about the symbols onscreen and video playback capability.

    I'm feeling pretty secure about this now and look forward to my day in front of the judge. Apple is going to look so bad.
  • Reply 57 of 114
    sennensennen Posts: 1,472member

    Quote:

    Originally Posted by Gatorguy View Post


    At least if they're biased (and regarding MS they may be) it's out of their beliefs and not because they're paid to be. Not all patent bloggers can say that. ;)



    You loved FOSS until he started to say things that you didn't agree with. We all remember that.

  • Reply 58 of 114
    charlitunacharlituna Posts: 7,217member
    haggar wrote: »
    What if new evidence is discovered in the middle of a trial?  It cannot be considered?  

    Moot question at this point since the stuff Samsung tried to submit was public info that has been around the blogs for a while so theres no reason they woukdn't have found it in time

    And with this 2001 thing, what's in movies and tv is rarely to never allowed as 'prior art' since its fake. Dissing a prototype only to return to it after someone else did it particularlyaftergetting a design patent can still be a legal no no even if the patenting company got the concept from a movie
  • Reply 59 of 114
    charlitunacharlituna Posts: 7,217member
    ssquirrel wrote: »
    Not a lawyer but my dad was.  Basically courtroom dramas are mostly crap.   Surprise evidence has to be presented to the judge, a DAMN good case made for it to be entered and then the opposing side is also allowed time to review it, usually delaying the trial at least a couple of days.  They had over a year to come up w/this stuff, it was late, tough for Samsung.

    Bingo. There was no reason for them to wait until after the jury selection to submit this and the judge slapped them on it.

    And then they went and played this media game implying they plays by the rules and the mean Apple fanboi judge was wrong to say no etc
  • Reply 60 of 114
    hjbhjb Posts: 278member


    So, basically all evidence of prior art re Apple patents are excluded by the Judge in the court.  It is simple not fair.  Yes, I think, the Judge has already made herself it to be a mistrial.


     


    Samsung can not present crucial evidence that they did not copy Apple.  Samsung could not present perfect and legitimate prior art evidence against Apple patent.  Hilarious. 

Sign In or Register to comment.