margrave, on 02 August 2012 - 23:54, said:
I have little respect for Judge Lucy Koh given her past with apple.
Apple is just annoying now...
She's the same judge who raised iPad and Samsung tablet and asked lawyer to identify them by covering the logo and showing them only front of the device. Judges like her need to be removed from the system.
From the 2011 trial:
Kathleen M. Sullivan, a Quinn Emanuel partner speaking on behalf of Samsung, pointed out to the judge that all kinds of devices predating Apple’s products—phones and tablets—look, and in some regards, work like the iPhone and iPad. Apple is seeking an unjust monopoly on rectangular smartphones and tablets with a flat surface and rounded corners, Sullivan said.
Judge Koh interrupted at one point and held up the competing Samsung and Apple tablets. Could Sullivan tell them apart?
“Not at this distance, your honor,” the lawyer admitted.
“All right, I’ll bring it up closer,” the judge said. “Which one is which?”
Finally, Sullivan correctly identified the iPad.
“It took a long time to make that distinction,” the judge said. Her point was that inattentive consumers might confuse the Samsung for an Apple. Consumer confusion is an important criterion in determining whether patent infringement has occurred.
“Your Honor,” Sullivan protested, “with respect, I’m standing far away from you and you covered up the brand logo. … [T]he D’889 patent is for the whole device, and you didn’t show us the back.”