Originally Posted by anantksundaram
My jaw is dropped so far, that I am speechless. I don't know what say or think. Is this venality? Stupidity? Chutzpah? Shamelessness? Crassness? Naivete? All of the above?
What is the strategy here? Seeking Tim Cook's forgiveness?!
This isn't a trial to determine guilt or innocence. Samsung is guilty. Period.
The jury's job is to determine the amount of damages owed and that's it. The original jury came up with an amount that was calculated incorrectly. This was caught after the jury had long gone home. The judge can't just simply 'tweak' the amount to fix it- so they had to vacate the portion of the original settlement that was done incorrectly and the new jurors' task is simply to calculate that amount using the correct method.
Samsung is going to pay Apple a big chunk of dough. That is a given. Samsung's lawyers don't want the jury discussing innocence or guilt- because that can lead to passion which can lead to higher damages. They're just defusing the whole need for an argument by saying, yep we're guilty and we're not disputing the verdict that can't be changed in this trial anyway. From the subset of phones found to infringe we profited 52 million and that huge sum is what we owe Apple.
Apple's lawyers want as much passion as possible in the trial and to make the focus on things like 'theft', 'crime', and 'making Apple whole again' They want 370ish million instead.
Samsung will pay Apple somewhere between those two numbers. This particular trial isn't about guilt or innocence, it is about lawyers arguing over money.