Linked by Thom Holwerda on Tue 18th Dec 2012 14:31 UTC
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Member since:
2011-01-28
Nelson,
Believe it or not, it's not just about who won after the verdict came in. If samsung lost in a fair trial, then so be it. But everyone should at least be entitled to a fair trial, and this one was anything but. Even if you want to blame samsung for not picking up on Hogan's conflict of interest, there's no excuse for what he did leading the jury to apply his own legal standards after his personal "revelation" as to how to interpret patent law in this case. The entire preceding was handled exceptionally poorly, the judge even prohibited prior art that could invalidate apple's patents. The entire trial was a joke, this was all publicised well before the verdict came in, so don't anyone pretend this criticism is coming in only because of a disagreeable verdict.
If you believe apple would have won the trial no matter what, that's fine, but the way in which this trial was conducted and the partiality of the judge is never the less very disturbing.
If this case were between parties X and Y instead of apple & samsung, I doubt anyone would be nearly as eager to "support" the practices that were applied in this trial.