davidharrison
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Samsung says Apple's Supreme Court position could encourage abuse of patent system
There's a simple principle in US law about the profits of illegal activity, and I'll steal the example from Judge Milian to explain: If you sell me a bag of cocaine and I give you a bad check, you can't sue me for the value of the bag of cocaine, not even for the value of the empty plastic baggie. If you're involved in an illegal activity, you cannot use the law to protect the profits of that activity.
Samsung is now challenging for the cost of that baggie, demanding that though the sale of their products was illegal, they should be entitled to protect the profits of that sale that weren't stolen from Apple. The justice system doesn't allow for that because crime can not be encouraged this way. The precedent Samsung wants to set is that as long as 50.1% of a product is not infringing a patent, the law can still be broken for profit. It's laughable, but that's literally the business model that allowed their growth to outpace the billion dollar judgement that should have killed them had it not sat in appeals for years and years. Now they want the Supreme Court to legitimize that model. It's insanity and completely contrary to good order.