Thursday, August 30, 2012

verdict: apple v. samsung

a question of venue:

should a case for patent infringement go into a regular court or a special body being tasked to monitor patents and trademarks?

patents being a highly technical issue needs a specialized body in order to decide on complaints. this is a quasi-judicial body which exists under philippine law.

what is the true test of patent infringement?

after browsing to such enormous data in the web post-verdict data is just too overwhelming.

so let's go down to the basics. the true test would be whether or not the buyer would mistake one product for the other. this is the ultimate test where a decision could order the destruction of the infringing product. none of that was ever pleaded or awarded. why? it was not awarded because there really was no infringement on the first place. it must have been overwhelming.

so how would one go about buying a cellphone or a 'smartphone' for that matter? therein lies the resolution to all these hyper-noise going on in the cyber-world. i for one would ask the saleslady: ' do you have the latest phone that runs on android's latest operating system?'. if ever i ended up buying an 'apple' then there must be some confusion somewhere. the infringing item on this case would be apple. therefore, destruction would be the next step...not damages for loss of profit. an infringing product has no right to exist in the market. what billion dollar in damages? you kidding me?

the judge was confused and the jury was even more confused. owing to the voluminous data presented to the court. they went into many analytic details. details which proved inconsequential, trivial and unessential. squares, rectangles, rounded corners. etc., those are primitive forms.

under our jurisdiction, the san miguel v. beer na beer case  would seem relevant. in that case, the complaint was dismissed despite the close similarities. i think, samsung should anchor its defense on this and not 'prior art' which sounds off-key.