All I hear is whining about how the jury was biased. Sorry, I can't take that seriously. If it was erroneous, Samsung would have appealed. If it was erroneous, Koh would have sent them back.
Are you suggesting that Samsung isn't going to appeal? I was always operating under the assumption that an attempt to appeal would be an all-but-certain eventuality, regardless of who won the initial verdict, and regardless of how much merit that appeal would eventually turn out to have after being scrutinized the higher courts.
I also thought Samsung had about 60 days from the date of the jury's verdict to put their arguments together before the appeal deadline expired - so there's still plenty of time for the appeals process to go ahead.
Neither Samsung nor Apple would be filing an appeal at this point since there's still several motions before the Honorable Judge Koh that have yet to be ruled on, and which could significantly change the outcome.
That truly is bizarre -- unfortunately just cause you put a product out first doesn't mean you have a valid patent. That has to do with the filing dates for the technology and trade dress. I know this is China but hard to believe even China would get all gooey on this one and give it to gooPhone instead of Apple. Hard to believe that gooPhone would have enough bucks to pay more than Apple will will (make) for the Chinese.
If this was April I would call this the best one yet but we are a full half year away. /s
Edit: Sorry, kinda off the thread but hard not to respond to a report like that.
Neither Samsung nor Apple would be filing an appeal at this point since there's still several motions before the Honorable Judge Koh that have yet to be ruled on, and which could significantly change the outcome.
Couldn't agree more. One hardly appeals the final verdict before it is handed down and the game is still in the fourth quarter while the ref reviews the replays.
They may have come to the same conclusion even IF they followed jury instruction and understood/embraced their roles...but we won't know that because they didn't do any of that.
Then it was a mistrial. But Samsung said nothing about it.
Originally Posted by lfmorrison
Are you suggesting that Samsung isn't going to appeal? I also thought Samsung had about 60 days from the date of the jury's verdict to put their arguments together before the appeal deadline expired - so there's still plenty of time for the appeals process to go ahead.
I imagine their appeal would have been written up in advance to be submitted instantaneously once it was legal, but if that's not allowed I can see how they wouldn't have appealed… in the first few days after the trial. I don't know about appeal date ranges myself, but if they have been allowed to appeal since the verdict and have yet to, what does that say, really?
I imagine their appeal would have been written up in advance to be submitted instantaneously once it was legal, but if that's not allowed I can see how they wouldn't have appealed… in the first few days after the trial. I don't know about appeal date ranges myself, but if they have been allowed to appeal since the verdict and have yet to, what does that say, really?
TS, there's no final judgement by the court yet and several motions by both Apple and Samsung to be dealt with as a Matter of Law by Judge Koh. Way too early to file any appeals since much of the case is yet to be settled. It's even possible, tho highly unlikely, that the entire jury ruling could be tossed.
TS, there's no final judgement by the court yet and several motions by both Apple and Samsung to be dealt with as a Matter of Law by Judge Koh. Way too early to file any appeals since much of the case is yet to be settled. It's even possible, tho highly unlikely, that the entire jury ruling could be tossed.
Oh, all right, then. We'll have to reserve appeal likelihood until they can, then, huh?
Comments
Quote:
Originally Posted by Tallest Skil
All I hear is whining about how the jury was biased. Sorry, I can't take that seriously. If it was erroneous, Samsung would have appealed. If it was erroneous, Koh would have sent them back.
Are you suggesting that Samsung isn't going to appeal? I was always operating under the assumption that an attempt to appeal would be an all-but-certain eventuality, regardless of who won the initial verdict, and regardless of how much merit that appeal would eventually turn out to have after being scrutinized the higher courts.
I also thought Samsung had about 60 days from the date of the jury's verdict to put their arguments together before the appeal deadline expired - so there's still plenty of time for the appeals process to go ahead.
Neither Samsung nor Apple would be filing an appeal at this point since there's still several motions before the Honorable Judge Koh that have yet to be ruled on, and which could significantly change the outcome.
Quote:
Originally Posted by thataveragejoe
Still less bizarre than this...
http://news.yahoo.com/blogs/trending-now/did-chinese-company-leaked-photos-copy-unreleased-iphone-165555052.html
That truly is bizarre -- unfortunately just cause you put a product out first doesn't mean you have a valid patent. That has to do with the filing dates for the technology and trade dress. I know this is China but hard to believe even China would get all gooey on this one and give it to gooPhone instead of Apple. Hard to believe that gooPhone would have enough bucks to pay more than Apple will will (make) for the Chinese.
If this was April I would call this the best one yet but we are a full half year away. /s
Edit: Sorry, kinda off the thread but hard not to respond to a report like that.
Quote:
Originally Posted by Gatorguy
Neither Samsung nor Apple would be filing an appeal at this point since there's still several motions before the Honorable Judge Koh that have yet to be ruled on, and which could significantly change the outcome.
Couldn't agree more. One hardly appeals the final verdict before it is handed down and the game is still in the fourth quarter while the ref reviews the replays.
Originally Posted by AbsoluteDesignz
They may have come to the same conclusion even IF they followed jury instruction and understood/embraced their roles...but we won't know that because they didn't do any of that.
Then it was a mistrial. But Samsung said nothing about it.
Originally Posted by lfmorrison
Are you suggesting that Samsung isn't going to appeal? I also thought Samsung had about 60 days from the date of the jury's verdict to put their arguments together before the appeal deadline expired - so there's still plenty of time for the appeals process to go ahead.
I imagine their appeal would have been written up in advance to be submitted instantaneously once it was legal, but if that's not allowed I can see how they wouldn't have appealed… in the first few days after the trial. I don't know about appeal date ranges myself, but if they have been allowed to appeal since the verdict and have yet to, what does that say, really?
Quote:
Originally Posted by Tallest Skil
I imagine their appeal would have been written up in advance to be submitted instantaneously once it was legal, but if that's not allowed I can see how they wouldn't have appealed… in the first few days after the trial. I don't know about appeal date ranges myself, but if they have been allowed to appeal since the verdict and have yet to, what does that say, really?
TS, there's no final judgement by the court yet and several motions by both Apple and Samsung to be dealt with as a Matter of Law by Judge Koh. Way too early to file any appeals since much of the case is yet to be settled. It's even possible, tho highly unlikely, that the entire jury ruling could be tossed.
Originally Posted by Gatorguy
TS, there's no final judgement by the court yet and several motions by both Apple and Samsung to be dealt with as a Matter of Law by Judge Koh. Way too early to file any appeals since much of the case is yet to be settled. It's even possible, tho highly unlikely, that the entire jury ruling could be tossed.
Oh, all right, then. We'll have to reserve appeal likelihood until they can, then, huh?