Apple v. Samsung Saga
In 2012 and 2013, two Silicon Valley juries awarded Apple a total of $929,860,041 for Samsung's use in its smartphones and tablets of three intellectual property types — design patents, utility patents, and trade dress (or overall image).
On May 18, 2015, the Federal Circuit affirmed the judgment that
Measuring patent damages — and excluding reexam evidence
The Federal Circuit again tightened the criteria for setting damages awards in patent infringement cases. But, in a bit of good news for infringement plaintiffs, it lent further support to the general inclination of district courts to exclude evidence of non-final results of patent reexaminations by the U.S. Patent
A law prof at a small school in the Golden State opined that the jury in Apple v. Samsung went Way Too Far when on August 24 it awarded Apple almost $1.05 billion after finding that Samsung copied — very much on purpose — Apple's smartphone designs.
His analysis? That an "average smartphone may arguably