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Samsung backside-bitten by emoticon patent trollery

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Question (AKA WTF?!)

So Samsung got a patent. It infringes an older patent, but how could Samsung know?

I would have guessed it's the Patent Office's job doing a background this kind of situation, not the patent submitter... is it?

Or can the office just say "tough luck" and get with it?

I'm not defending Samsung (this whole patent war is beyond stupid) but I think it's unfair that they, or anyone else, lose a patent because of what looks like a gross ineptitude of the patent office

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