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Newsletter Issue #665: So Does the Apple/Samsung Verdict Hurt Innovation?

It’s one for the books, to be sure, but Apple was awarded a huge victory Friday in their ongoing worldwide legal skirmishes against Samsung for patent infringement. In a San Jose courtroom, a nine-member jury found that Samsung was, for the most part, guilty as charged, and they awarded Apple over one billion dollars in penalties. In turn, Apple owes nothing to Samsung, whose counterclaims failed to connect with the jury.

But the story doesn’t end there, because Samsung has already made it clear they plan to appeal, and that is to be expected. It is also possible for U.S. District Judge Lucy Koh to reject all or part of the jury’s verdict, and even to triple the damages on the theory that Samsung’s infringement was willful. In turn, Apple will demand that Samsung be enjoined from selling the infringing products in the U.S. To be sure, this case may take years to resolve, when you consider appeals. By that time, the alleged infringing products will be history.

Both Apple and Samsung released statements that were in themselves predictable. Apple CEO Tim Cook said it all in the first sentence of an employee memo, that “Today was an important day for Apple and for innovators everywhere.” Samsung’s spin on the situation is that “Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer.

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