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Posts by tooltalk

 @jungmark : yes, in this particular re-appeal, just the design patents -- and whether Apple can disgorge Samsung's entire profit ($399M) on the minor design infringements (ie, rectangular icons, rounded corners, and iPhone shape) -- no apportionment.  The damage on the utility infringements was "apportioned."  No, while SEP holders announce royalty rates for their patent portfolio publicly time to time, they can and do charge different FRAND rates.  There are many...
 @jungmark :  Sure, and you do realize that Ericsson is asserting both FRAND and non-FRAND patents.Who would have thought you could patent rectangular icons or rounded corners? Ever heard of "reverse hold-up"?
 @anome : Well, NewEgg's been busy fighting patent trolls (and mostly winning). They know it when they see one.  *cough* *cough*   
 @cali : Sure, Mr. Xenophobe.  The tech industry doesn't need any new legal standard inviting more lawsuits. 
@corrections : it's pretty obvious that you didn't read the Polaroid vs Kodak decision you just cited and, further, it doesn't even support your claims.In Polaroid vs Kodak, Polaroid asked the court to determine whether Kodak's infringements were "willful" and calculate appropriate damage award (ie, lost profit, lawyers' fee and willfulness penalty). The court used various legal analysis, such as market demand, competition, industry trend, marketing practices, and pricing...
 @boredumb : no amici is advocating for less patent protection. All they are saying here is that damage compensation should be proportional to infringed patents' importance and contribution to sales and profit, not their "entire profit" based on an esoteric legal statute designed for unitary products such as carpet, desk, or chair. This is not only hypocritical for Apple to demand Samsung's "entire profit" for three infringements while claiming that Ericsson's asking...
 @mike1 : I think Samsung's marketing expenses peaked in 2013 ($14B), when their sales and marketshare also jumped #1 from their high single-figure in 2010.  Making fun of Apple customers certainly worked for them.  I haven't really seen too many of those recently -- I think they need to do more of those. 
 Sure, and the email evidence has nothing to do with the design infringement (or "complete disgorgement") at issue here.   Samsung's emails were presented as evidence for Apple's trade dress claims, not design claims.  And that's after both Apple and Samsung had agreed not to bring any materials that might influence, or taint, the jury decision on Apple's non-trade dress claims (ie, design claims) for obvious reason.  note : while Koh allowed Apple to bring their evidence...
 @dasanman69 :  Well, it's either this or SCOTUS.  Samsung does have a fairly good case here and, if Samsung prevails, it's also likely to defend and benefit Apple in the long run (ie, $400M win from Samsung is nothing compared to what Apple might to have pay Ericsson if upheld).  CAFC has ruled in favor of some appropriate apportionment in previous cases, but, in the last Samsung appeal, they somehow decided not to deal with the design disgorgement (without any...
 This is nothing new.  I'm guessing Apple,Samsung, HTC, and Nokia phones must have saved at least dozen by now: "According to  9to5Mac, which reported the incident via AppleDaily, a Taiwanese man, identified by his surname Han, was shot during a bar fight on Monday. But lucky for him, a Samsung Galaxy Mega 6.3 was in his shirt pocket and served as a shield by stopping the bullet from penetrating through his chest. ...  According to the police, Xu shot Han from about 2-3...
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