Reply to post: Re: Can't hurry love, obviously

Samsung loses (again) to Apple in patent battle (again). This time to the tune of a mere $539m

Anonymous Coward
Anonymous Coward

Re: Can't hurry love, obviously

That's the risk Samsung took with the way they appealed this - it was thrown back to a new jury and they are free to see things differently. It looks like they awarded exactly half what Apple was asking for with the design patents, I guess that was their middle ground between "the design is the entire article" and "design patents are worthless". Samsung was taking a roll of the dice they'd get a jury who saw design patents as worthless. For a trial in Silicon Valley that would end up with a lot of engineers in the jury, that's probably not a bad gamble, but they lost.

Basically Samsung's argument was that the design means very little alongside the technology, while Apple says design is critical (in the trial they gave an example of another automaker ripping off the iconic VW bug silhouette and getting away only paying damages based on the cost of the bodywork if Samsung's argument was accepted)

I suppose if Samsung can come up with another reason to appeal the basis of the trial they can get this jury ruling thrown out and give a third jury a crack at it...if at first you don't succeed...

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