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Apple v Samsung Case Goes To Jury

As an owner of large numbers of Apple and Samsung products and a possibly addicted buyer of new technology (professionally as well as personally) this case promises to change the industry forever.

Apple's claims range from the sublime to the ridiculous - there are certainly areas where Samsung have infringed Apple's patents, but a combination of prior art and common sense should tell us that these items should never have been awarded those patents. Samsung has been guilty of mis-use of its FRAND licensed patents and both have been guilty of deceptions and mis-direction through the trial.

Judge Koh, who has presided over the trial, has demonstrated exasperation with both sides. Even going to the extremes of demanding that the two sides CEOs speak in the last few days of the trial to avoid a decision which would be particularly damaging to the loser, whoever that turned out to be.

Apple's predatory use of dubious patents has been used to attempt to limit consumer choice across the market. Samsung has done its best to mimic the Apple purchasing experience in its choice of packaging and presentation.

However I am 100% positive not one consumer has ever bought a Galaxy of any description under the mistaken impression that they were getting an Apple product so I don't believe that Apple's case is particularly strong.

On the other hand Apple's patents have been dismissed, invalidated and generally been found unenforceable everywhere outside the US. This predatory and combative use of its resources to reduce consumer choice should be ended once and for all.

As a result I'm hoping for a judgement that dismisses Apple's claims and finds against them. If Judge Koh should use this opportunity to prevent Apple bringing these claims to court ever again that would be a bonus.

However my fear is that in a US court, before a lay jury of US citizens, a US company will prevail over a Korean one. The net result will be a massive win for Apple and a massive loss for everyone else.


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