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Samsung on the ropes
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Kangal
2012-08-26 , 03:37
Posts: 1,789 | Thanked: 1,699 times | Joined on Mar 2010
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Here's what should've happened with the jury:
1) Apple is found infringing on all of Samsung's utility patents. They are awarded something "measly" like $20 Million to cover for all iOS device sales that were infringing on FRAND patents.
2) Samsung is found NOT infringing on all of Apple's design patents. They are scrapped as invalid and copied from prior-arts and etc.
3) Samsung is found NOT infringing for all claims on their tablets.
4) Samsung is found infringing on Apple's "trade dress" and "dilution" claims only for phones that share close resemblance (eg Fascinate etc). Total is $2.5 Bil (or maybe less).
There fixed.
Now Samsung is scorched with this ruling. Apple is awarded a large sum which should "more than" compensate for its market share loss. Apple has become susceptible to FRAND royalties it neglects from other OEMs. Apple has been de-clawed from suing other OEMs with design patents. The battleground is neutral again.
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