Aussie Judge Declares Apple-Samsung Patent Battles "Ridiculous"
New submitter Ahab's compliments writes "Score another point for sensible judges — the judge in point wants to know why this dispute over the wireless technologies developed by Samsung and used by Apple shouldn't be settled through mediation. 'Why on earth are these proceedings going ahead?' Bennett asked the lawyers in court today. 'It's just ridiculous.' The judge also rejected a request to hear the various patent infringement claims from either side in separate cases."
Keep in mind Federal Court Justice Annabelle Bennett was referring to why this wasn't in mediation, that's it.
If it was me, I would print out their patent summary cover sheet on a piece of paper, fold it into a paper airplane, light it on fire, and throw it at them at the start of the proceedings. That might give them a hint as to what I think about their patents lol. But seriously, does anyone know if that type of situation allows the judge to invalidate the patent itself or would that have to be a different case or a different person?
it's curious that perhaps the change we've all wanted for so long is not coming from a foundation, or lobby group, or grassroots uprising, but just from a bunch of annoyed judges who don't particularly enjoy these cases or the wasted time they come with.
I feel maybe we should. They are wasting taxpaper dollars through their squabbling. (Plus other reasons like using Foxconn to build their devices & locking-down users' freedom.)
My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
Apple refused to pay a license fee for the technology that allows phones to conduct multiple tasks including taking calls while uploading photos to the internet, Samsung's lawyer Neil Young said at the start of the trial. Apple was willing to pay and Samsung refused, the Cupertino, California-based company's lawyer Stephen Burley said.
Apple says "we were willing to pay a license fee, but they wouldn't take it," and Samsung says "they refused to pay a fee." Translation: Apple was okay with paying, but not the price that Samsung wanted. So this isn't so much a patent dispute, as it is just an argument over a license fee... in which case, yes, mediation would be a lot more reasonable.
It's Started! Let's get clear before the patient troll lawyer companies blow! Tick Tick Tick Tick ...
The purpose of existence is to make money.
How much longer will it be before the public stops equating these name brands with lawsuits instead of electronics? As it is right now when I see the name "Apple" in print I cringe.
who want to buy expensive hardware that consists internally of the cheapest crap ever created on earth and now specially with some extra glue
so if you even think of consider about replacing an HDD, SSD, ram or battery you ae out of luck because the glue will rip your motherboard apart
stop buying apple crap, its not special anymore, but hey who am i to complain i'm probably holding my phone wrong or my macbook or my ipad... isnt that right apple ?
Sue the Judge for slander. His statement makes your decisions look bad.
Indisputably, then, prior to April 2011; Apple had a legal right to use the patents in question because they were covered by the Qualcomm/Samsung agreement.
Lets assume for a moment that Samsung has the right to arbitrarily terminate this agreement without grandfathering in current participants. By their own admission, as soon as they terminated their agreement with Qualcomm then Apple approached Samsung to license the patents in question under FRAND terms.
Samsung believes they gave FRAND terms to Apple--Apple disagrees, they believe the terms were too onerous. Apple is asking the courts to set the price. BTW: the "price" that Samsung is setting is "let us make clones of your tablets and phones", which is a >$100B business--so yeah, I'd be surprised if $100B is considered fair, reasonable and non-discriminatory.
n/t
Things are paid for with money. If someone wants to agree to cross-licensing instead of money, that's fine, but what matters is the value (in dollars) of that cross-licensing agreement. That's what sets the standard for fair, reasonable, and non-discriminatory. If Hitachi got access to those licenses by trading intellectual property worth $50M, then Apple needs to pay $50M. On no planet does FRAND now require Apple to hand over a $100B business, that's just retarded.
You claim Apple's patents aren't worth that much money. It seems to me if they weren't then Samsung wouldn't be trying so hard to get access to them. But whatever, that's what the courts are going to decide.
And wanting that to be so doesn't make it true.
Also, Apple has a huge portfolio of LTE patents which are licensed (to all comers) under FRAND terms--so the premise of your argument is also wrong.
Perhaps we're at the start of an international, system-wide rebellion by the courts against the excesses of the smartphone wars. I certainly hope so. The mobile patent wars are out of control. Most of these disputes belong in the marketplace, and should be resolved there, rather than wasting scarce court resources by using them as a proxy for market competition.