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Archive for August 29th, 2012

Apple Jury Confuses Obviousness Analysis in Arriving at Record Damage Verdict?

Posted On: Aug. 29, 2012   By: Scott A. McKeown
apple-samsung-patentRecord Verdict Demonstrates Fallibility of Jury Trials

There has been a ton of armchair quarterbacking since last Friday’s one billion dollar damage verdict in the Apple/Samsung patent war. While Apple is generally regarded as a high-tech innovator, many commentators take issue with the mechanism by which Apple has asserted their rights. Many uninformed commentators are quick to decry the verdict as an exploitation of a patent system in need of reform. Yet, it is important to note that the U.S. patent system was reformed not even a year ago. The vast majority of legislative changes to U.S. patent laws will only begin to go into effect this September 16th.

Nowhere is the potential for the current AIA reform more clearly pronounced than in the public statements of the Apple/Samsung Jury Foreman. Read the rest of this entry »