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Judge Overrules Samsung Objection To Jury Instructional Video
itwbennett (1594911) writes "U.S. District Judge Lucy H. Koh on Sunday overruled Samsung Electronics' objections to showing jurors a recent instructional video on how patents work, ahead of a trial in a patent dispute between Apple and Samsung. The new video, called 'The Patent Process: An Overview for Jurors,' was developed by the Federal Judicial Center to provide jurors with an introduction to the patent system. Samsung's objection is to several scenes in which Apple products are depicted and used (and, by extension, seen as patentable and innovative)."
Apple products in a patent instructional video? In a case involving Samsung? Steve Jobs is smiling somewhere. (As to where he is smiling from, I'll leave up to your imagination.)
How can an "instructional video" showing one of the parties as an example not present a bias?
"National Security is the chief cause of national insecurity." - Celine's First Law
Why would she allow a prejudicial video when an alternative, with no products from either side, is available? The entire text of her ruling reads:
Samsung’s objection to Apple’s proposed version of the Federal Judicial Center instructional video (ECF No. 1534) is overruled. The parties shall bring the November 2013 version of the video, “The Patent Process: An Overview for Jurors,” and shall include the handout referenced in the video in the jury binders.
The article apparently originally appeared on Recode.net so better to use primary source (which has the ruling and both videos.
The subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures (Junius)
Nothing in this judge's history indicates any bias IN FAVOR of Apple.
Now it does...
I'm seriously tired of this crap. I no longer care who wins or loses in any of this. The patent system is simply being abused in every which way. Software patents have got to go as do design patents as petty as rounded corners. This idiocy has got to end at some point. I honestly expected it to come to a head before now. This is like walking in mud from New York to California.
The whole purpose of the patent system is to get inventors to publicize their inventions so they can be copied (after the patent term expires). Copying with greater efficiency benefits the consumer. You seem to imply that copying is bad, in and of itself. Do you only use Bayer aspirin? Do you avoid iPhones and iPads because they don't use Intel microprocessors?
Getting a patent is supposed to require coming up with something new and non-obvious - something many of Apple's patent claims lack. (e.g. pinch/spread to compress/zoom).
There's also the issue of Apple's apparent copying of a Samsung design when they created the iPad, which they disingenuously tried to claim in reverse.
"National Security is the chief cause of national insecurity." - Celine's First Law
Why did a second instructional video have to be made?
Because the first one, "Fucking patents - how do they work?" was thought to be in contempt.
I'm not convinced someone who doesn't know what a patent is BEFORE being selected is
the best person to decide a case like this. Why can't we have scientists in the jury when
it's scientific, medical professionals when it's medical in nature, computer experts when
it is computer related, etc... I think it's unrealistic to pick someone who doesn't know what
a patent/modem/etc.. is and expect them to make an accurate decision when they don't
understand the technology or process involved.
Ever notice that you tend to see a lot of Apple products in TV shows and movies, and the the logos are visible? that isn't coincidence, nor is it because Hollywood likes Macs, that's because Apple paid them. If you see a product logo, money changed hands. Otherwise it'll be something generic, or the logo will be removed, or what not. They don't give freebies on that sort of things because they can, and do, make a lot of money on it.
Apple isn't the only company that does product placement, but they are by far the most common computer company that does it. Most others rarely, if ever, do it. The only recent example I can think of for another one is Dell in V for Vendetta.
So why does Apple do this? Because they want to create the image in people's minds that apple are what all the cool, good looking, people (who actors in shows invariably are) use. It is an image thing with the brand. They want people to see it all the time, used by the hero characters. That leads people to form the opinion that they might want to own one.
They wouldn't spend the money doing it if they didn't believe it was effective.