1. Dapper37's Avatar
    It seems that home field advantage has worked in apples favor. I question whether any other court in the world would have ever tried to hand apple such a wide spectrum of defense? If this case were fought elsewhere does anyone believe the verdict would come close to the one handed down by an American jury?
    Is this fair or not?
    Is this a case of American exceptionalisim at any cost?
    This is by far not the first time an American jury has sided heavily with an American tech company! Wrongly?
    08-27-12 05:50 AM
  2. spike12's Avatar
    I think there might have been some nationalism involved, but I think the homefield advantage would occur for any company in their native land.

    The thing i don't understand is why are these decisions made by juries and not by judges?
    08-27-12 06:03 AM
  3. walt63's Avatar
    I recall reading an article sometime during the trial, stating that this case has been trialed in other countries other than the US and the ruling was in favor of Samsung (not copying Apple), and some ruling in favor of both (Samsung did copy but not at the extent to accuse them of copyright infringement)

    I cant point you to where the articles are but its out there.

    Though Samsung probably did create based upon Apple's design, the things that were talked about in the trial (shape of device, icons, how things worked) was so ridiculous. It shows a poor sport in innovation on Apple's end to go after Samsung for these things. I could see distinct differences in the devices.

    Sent from Bold 9930 #blackberrybychoice
    08-27-12 06:07 AM
  4. simu31's Avatar
    It's a hard question to get answered from my crystal ball.
    Chances are Apple would still have won, just not to the tune of over a billion dollars.

    Knowing Americans (and many other nationalities), Americans definately seem more patriotic to their country and their institutions and companies, therefore you've got to believe there was a home-field advantage.

    From what I've read about the trial, Samsung's defense was not necessarily very well thought (or fought) out.

    The Samsung defense basically admitted copying, but that it was justified. So Apple would/should have won anywhere in the world with such a useless argument.

    With all the above, yes it was fair that Apple won, but at the same time, the amount awarded (which apparently the judge can treble ) was way out of proportion.

    The "funny" part about possible results is the ban on the handsets which (alledgedly) breach the patents, especially when you consider that the handsets in question are old models, no longer being sold.

    On a brighter note for Samsung, the ban and defeat is only applicable to the US, so any ongoing litigation in other territories, will have no bearing.

    08-27-12 06:39 AM