Well then, I'll turn the matters in a different direction with this: http://www.bbc.co.uk...ws/business-19919298
Samsung Galaxy Nexus ban overturned by US appeals court
"It said the district court in California, which had issued the ban in June, had "abused its discretion in entering an injunction"."
Which, in Court Speak, is pretty bad. "Abused Discretion" is basically what we were all saying in Less-Safe-For-Work terms.
There's also an awesome phrase to keep an eye on. "Apple must show that consumers buy the Galaxy Nexus because it is equipped with the apparatus claimed in the ’604 patent—not because it can search in general, and not even because it has unified search."
So we have the BAREST beginnings of how to slow down patent abuse:
1. SomePhone has "patented technology to play Angry Birds with live birds using geo-sensors and accelerometer tech in hunting season" or something. Let's even say something like that is innovating, and not obvious - shake your phone at a bird and it falls out of the sky!?
OtherCorp says that the tech infringes on their other patent which got there first, *and then tries to ban sales of the whole phone.*I think this court case is saying that the grumpy corp has to prove that consumers basically stood in the mall and picked which phone to buy based on exactly that tech and no more. "Hmm, this one has a better screen, better sound, better camera, better maps, better music interface, Android store." "Yeah, but mine kills pigeons in the park." "Ooh, I'm sold, I'll do that!"