23 May 2013

Swapnil Bhartiya's picture
Posted by Swapnil Bhartiya on August 03, 2012

While Apple is running around the world telling everyone that Samsung copied it's patents, it doesn't want Samsung to go out and defend itself. Apple wants the judge to dismiss the case and give a verdict that Samsung infringed upon its patents. Samsung has filed a motion to strike in response to Apple's request.

What Apple basically wants is that it can accuse Samsung of copying it's patents and paint Samsung as a thief in media, but at the same time it doesn't want Samsung to be allowed to defend itself or to present the evidences that prove Samsung did not copy the patents.

You know what this all reminds me of? SCO claiming that Novell had no right to contradict SCO when SCO claimed it owned the copyrights to Unix ~ Groklaw.

Groklaw has done, as usual, an impressive job in giving out facts. PJ of Groklaw says, "You know what this all reminds me of? SCO claiming that Novell had no right to contradict SCO when SCO claimed it owned the copyrights to Unix. Remember all that, the idiotic slander of title claim? In the end, SCO didn't own the copyrights at all anyway, but before that was so laboriously adjudicated, SCO claimed that Novell had no right to speak out."

Apple accuses that Samsung sent out the material to press to influence the jury. This accusation came despite the fact that Samsung lawyer clearly mentioned that the material was provided to select media on request. Even if the press continue to publish such stories it should not have any affect on the jury as it has been clearly instructed not to read media reports or discuss the case with anyone. So no matter how much content is in the public domain jury has been clearly instructed not to read it.

So, Apple is allowed to talk to media regurgitating the same statement over and over again. Microsoft/Oracle paid sites like FOSSPatents are allowed to spread the FUD against Samsung and Android. But Samsung should not be allowed to even to tell the public that it did not infringe upon any patents?

PJ further writes, "Can you imagine if Apple establishes a ruling that its design patent of a rectangle with four rounded corners is valid and infringed, without a trial, just by judicial fiat -- as a punishment because a lawyer made a statement to the press? Apple would lose its cool factor, that's for sure, not to mention going down in history as the King of Legal Ickdom. Move over, Microsoft. Apple is aiming for the gold in this category, and your record as the worst ever is being challenged."

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Swapnil Bhartiya

A free software fund-a-mental-ist and Charles Bukowski fan, Swapnil also writes fiction and tries to find cracks in a proprietary company's 'paper armours'. He is a big movie buff and prefers listening to music at such high volumes that he's gone partially deaf when it comes to identifying anything positive about proprietary companies. You can follow him on Twitter, Google+ & Facebook. You can write to him on editor at muktware dot com