Apple wins big

Here is a look at the 20-page Apple v Samsung verdict sheet jurors had to complete as they found Samsung guilty of infringing Apple utility and design patents with their Android-based smartphones. For some jurors, it simply came down to holding the Samsung and Apple phones up in the dark and comparing … if it looks like a duck …

Points of interest:

  1. Experts disagree on the ultimate effect on the smartphone industry.  Some feel competition will be irreparably hurt.  Others feel we will now see increased variety, stimulating competition. Most think design-arounds are already being tested by Samsung, and many (for the utility patents in suit) are included in their latest products.
  2. Valuation specialists should note the damages award of $1.05B was not the result of expert witness presentations, as post-trial jury interviews indicate experts’ calculations were disregarded.
  3. On page 9 of the verdict sheet the jury indicated where the infringement was willful. This means the Judge Lucy Koh can impose punitive damages, which could up the ante considerably.
  4. Design patents were under the microscope here, and although the iPAD was deemed not to have been infringed, smartphone design patents were upheld.
  5. The biggest economic impact will come from decisions this week on injunctive relief. Apple will identify the products it wants protection from as early as today. As the WSJ reports, “The products aren't the company's latest models, but Apple has another suit against Samsung in the same U.S. district court over more recent technology, as well as actions against Samsung in other jurisdictions.”