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Apple versus Samsung: Samsung’s ‘out’ to escape infringement

By David French

This post goes right to the very heart of a patent and what a patent can and cannot do in the marketplace. And it has a twist, if you are prepared to bear with the analysis to the end.

In my¬†prior post on the subject, I referred to an important hearing held on Dec. 6 this year before Trial Judge Lucy H. Koh. During the hearing, Samsung tried to limit the scope of the consequences of the $1-billion jury decision that arose out of the trial held in August. Among the numerous matters discussed, Apple asked that the jury’s award be increased by an extra one third of a billion dollars as “punitive damages.” The judge can also reduce the amount of the damages awarded if the jury has been unreasonable. Other issues were discussed, but the judge reserved her decision.

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