Re: "Judge delays BlackBerry US shutdown"
- From: rico_001@xxxxxxxxxxx (Rico)
- Date: Wed, 01 Mar 2006 18:32:50 GMT
In article <4404d329$0$96007$742ec2ed@xxxxxxxxxxxxxx>, SMS <scharf.steven@xxxxxxxxxxx> wrote:
Rico wrote:
In article <44037e55$0$96005$742ec2ed@xxxxxxxxxxxxxx>, SMS<scharf.steven@xxxxxxxxxxx> wrote:
Mark McIntyre wrote:
There's not much financial incentive to prolong things in theIt's all rather insane. A judge rules
scientific journal publication area. On the other hand theres a fairly
enormous incentive in the patent world - after all the people best
able to judge the worth of your patent would be your competitors....
Not even a full line into your post and you have the facts WRONG!! A jury
decided that RIM violated. This is the problem with these types of
discussions, most of the people in them do not know the facts of the case.
What you have to understand is that a jury decision is far from final.
The jury renders judgement of the disputed facts in a case. The judge then
issues a ruling in light of that determination.
There will be more appeals based on the invalidation of the patents. RIM
now has solid grounds for an appeal, something they lacked prior to the
invalidation of the patents.
They will not prevail, go touch base with a lawyer, the appeals process is
about process. An appeals court will not over rule the jury short of
finding some level of misconduct or error (judicial) in the case. The
pateint office acting after the fact doesn't alter the reality of this. It
is the nature of the civil courts.
You need to learn how the court system works. A jury decision is simply
one step in the long road to a final settlement.
Exactly and that long road lead to the SCOTUS refusing to hear the case and
over rule the appealette levels who found no legal error in the original
proceeding. This is why it is now back in the hands of the trial judge.
fundamentalism, fundamentally wrong.
.
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