3 ms·
I didn't downvote it (don't have enough karma's yet), but see my reply above. avar is wrong because he has no idea how patent litigation works in this country a
by tooltalk 8y ago
I didn't downvote it (don't have enough karma's yet), but see my reply above. avar is wrong because he has no idea how patent litigation works in this country and made false assertions (eg, punitive damage).
Further, the main issue here is not whether companies like Samsung should get away with patent infringement, but whether Apple's frivolous design patents deserve most of the infringed devices' revenue/profit. Apple had previously managed to disgorge Samsung's entire profit based on a 19th century old, estoeric design patent law that rewards entire profit on infringement. This law was introduced when most consumer goods were single-component and sales/profit were driven largely by one single design pattern (eg, carpets, furniture).
Enter the 20th century. Most electronics devices we use today have highly technical and multiple-components (over 120+K active patents in a smartphone device for instance). And our legal system over the the past three, four decades has evolved and developed various frameworks to limit the damage award to the intrinsic/additional value a specific patent brings to an infringed product. SCOTUS agreed with this, reversed the lower courts decisions and sent the case back to the lower courts to re-define what the proper damage ought to be. But it looks like Judge Koh screwed up on the procedural (jury instruction) again.