lastlid
28th August 2012, 11:39
Looks like the writing is on the wall. There will be a knock on effect globally from the latest in the USA. Samsung will be forced to innovate globally.
"Jurors delivered a whopping blow to Samsung on Friday in their verdict for Apple v. Samsung — to the tune of $1.05 billion. But right away, we can expect the court system to tweak some of the jury’s findings, possibly by increasing the damages that Samsung owes Apple.
“Judges rarely overturn a jury verdict,” Robin Feldman, Professor of Law at UC Hastings and author of the book Rethinking Patent Law, told Wired via email. ”The judge would have to find that no reasonable jury could have reached this decision.” And given the judge’s rulings along the way, Feldman said she would be surprised if Judge Lucy Koh overturned the verdict. “The jury found willful infringement, which opens the door for the judge to award punitive damages. I would expect the trial judge to increase, rather than reduce the verdict.”
After four weeks of trial, Apple v. Samsung came to a close Friday as jurors decided that dozens of Samsung products infringed Apple’s iPhone and UI related patents. If it stands, we could expect higher-priced Android devices and increased product diversity in the future, along with a slew of renewed litigation against Android manufacturers.
On top of that, on Monday Apple asked for a preliminary injunction barring sales in the U.S. of eight out of the 28 infringing Samsung products: The Galaxy S 4G, Galaxy S2 (AT&T, Skyrocket, T-Mobile, and Epic 4G), Galaxy S Showcase, Droid Charge, and Galaxy Prevail. (The others are no longer for sale in any meaningful way.)
Judge Koh now has the option to grant enhanced damages (up to 300 percent) for willful patent infringement, a decision that should come within the next few weeks. Apple and Samsung will reconvene in court Sept. 20 for Koh to deliver her ruling."
www.wired.com/gadgetlab/2012/08/appsung-verdict-overturn-possibilities/
"Jurors delivered a whopping blow to Samsung on Friday in their verdict for Apple v. Samsung — to the tune of $1.05 billion. But right away, we can expect the court system to tweak some of the jury’s findings, possibly by increasing the damages that Samsung owes Apple.
“Judges rarely overturn a jury verdict,” Robin Feldman, Professor of Law at UC Hastings and author of the book Rethinking Patent Law, told Wired via email. ”The judge would have to find that no reasonable jury could have reached this decision.” And given the judge’s rulings along the way, Feldman said she would be surprised if Judge Lucy Koh overturned the verdict. “The jury found willful infringement, which opens the door for the judge to award punitive damages. I would expect the trial judge to increase, rather than reduce the verdict.”
After four weeks of trial, Apple v. Samsung came to a close Friday as jurors decided that dozens of Samsung products infringed Apple’s iPhone and UI related patents. If it stands, we could expect higher-priced Android devices and increased product diversity in the future, along with a slew of renewed litigation against Android manufacturers.
On top of that, on Monday Apple asked for a preliminary injunction barring sales in the U.S. of eight out of the 28 infringing Samsung products: The Galaxy S 4G, Galaxy S2 (AT&T, Skyrocket, T-Mobile, and Epic 4G), Galaxy S Showcase, Droid Charge, and Galaxy Prevail. (The others are no longer for sale in any meaningful way.)
Judge Koh now has the option to grant enhanced damages (up to 300 percent) for willful patent infringement, a decision that should come within the next few weeks. Apple and Samsung will reconvene in court Sept. 20 for Koh to deliver her ruling."
www.wired.com/gadgetlab/2012/08/appsung-verdict-overturn-possibilities/