* Posts by TimJJohn

1 publicly visible post • joined 28 Aug 2012

Why the Apple-Samsung verdict is good for you, your kids and tech

TimJJohn

One Problem

The problem with the stance of the author is that the jury has already admitted that they didn't actually apply the law to the case. The foreman specifically stated that "we didn't need to read the jury instructions". Their award of damages was also absolutely about sending a message. One juror was quoted as saying something to the effect of "We wanted to make sure the damages award was large enough to not just be a slap on the wrist but not so large as to bankrupt the company."

The problem of course, is that the damages is supposed to reflect the actual loss that Apple suffered as a result of Samsung's infringement. What the jury did instead was to impose a fine on Samsung that was not related to the actual loss suffered by Apple. Perhaps had they taken the time to actually read the instructions of law, they would have figured that out.