August 24, 2012

Apple v. Samsung: USA v. Korea

According to CNET reporter Josh Lowensohn:
 "It wasn't even close. After 21 hours of deliberation, a nine-person jury has sided with Apple on a majority of its patent infringement claims against Samsung Electronics.
Apple was looking for $2.75 billion in damages against Samsung.Apple was awarded $1.05 billion.

Samsung had countersued for $421 million, but received nothing.

Great quotes from the Apple v. Samsung closing arguments appear on the Above the Law Blog by

Christopher Danzig.  Danzig characterized the lawyer for Apple, Harold McElhinny, saying,
When it came time to wield the damages hammer, McElhinny didn’t hold back. “Samsung makes fun of our damages claim,” he said. “They make fun of us asking for billions of dollars.” But two serious factors are driving Apple’s $2.75 billion damages request, he said: first, Samsung has sold 22.7 million infringing phones and tablets in the U.S. — that’s 30,000 units per day in the relevant period. Those have generated $8.16 billion in revenue, McElhinny said.
 Here is a quote Danzig pulled from Bill Hale, another Apple lawyer. 
Suggesting that competition in America would fall apart from a pro-Apple verdict was nothing but a scare tactic, Lee said. Samsung wanted to take the patent laws the jury had just spent the last two and a half hours being instructed on and “throw them out the window,” he said. “We can’t do that, because the Constitution says we have to have them, to protect innovation.”  
How does the Constitution apply? When did this become a criminal case? Was someone deprived of due process of law? Was someone denied the right to $800/hour counsel? Was someone taken down to the station and not read their Miranda rights?

Framing the case USA v. Korea (especially after the Olympics) was genius.  Who doesn't love Apple? At the time of this post, Apple's share price was $663.22 per share. Did it really matter who did what to whom?
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