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Apple Bringing Second Lawsuit To Samsung, Won't Wait For Appeal
sl4shd0rk writes "Hot on the heels of last year's Apple win over Samsung, Apple is geared up for its second attempt at knocking Samsung's alleged copy-cat products off the store shelves. District Judge Lucy Koh asked both parties if they could stay the new case while the first one goes up on Appeal. Apple denied citing a delay would "seriously and irreparably prejudice Apple." The company "will likely suffer a long-term loss of market share and of downstream sales". Samsung replied with a statement saying "Apple will be unable to meet its burden of proving infringement without resorting to the same improper 'representative product' strategy," [that shouldn't have been allowed in the first case.] Although some may think this is a good move for business on Apple's part, some claim the litigation is responsible for Apple's dipping sales and stock prices as well as Increased visibility of Samsung. In the end however, all this litigation is most likely going to be shouldered on the pocketbook of the consumer'"
...as well as Increased visibility of Samsung.
Samsung's visibility has a lot more to do with the fact that they spend gajillions of dollars on advertising than with any of the lawsuits they're involved in. Hell, they're spending more than Apple, HP, Dell, and Microsoft combined when it comes to advertising. And then, on top of that they're spending about the same amount again on sales promotions. Billions upon billions of dollars.
If you're a company that wants visibility, that's one way you can do it. That's how they did it. It's working for them. You'd have to willfully choose to ignore the obvious if you're seriously suggesting that these lawsuits that only niche communities are even aware of and concerned with are in any way responsible for a significant increase in the visibility of Samsung.
No, Apple's legal team for the case (from the firm of Gibson, Dunne & Crutcher, LLP) are not in-house, salaries staff.
I'm smug, thank you.
Back in the day, suggesting that ANY *nix variant might dominate ANY market other than servers would have had the whole world laughing at you.*
*cue the clueless who don't understand that Android is really a hacked Linux - yes, hacked, like it was meant to be. Need Linux to do something new and different? Just take it and make it do what you need!
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
Cyanogenmod 10.1 is your friend - Android 4.2.2 on the Nexus S works better than ever ... in fact I'm posting from a Nexus S running it right now.
(why Google decided they could no longer support it, god only knows ... but the beauty of Android being open source means that it doesn't matter)
The award was reduced based on the fact that the jury used an impermissible legal theory to calculate them. That is a straight up reduction.
An additional trial was also ordered to calculate damages in cases where the judge couldn't simply strike them. The portion that falls under that may yet go up or down, but smart money would be on down; since the judge believes the same impermissible legal theory was used to calculate those damages too, but she doesn't have the information needed to break the total down into what parts were permissible and what wasn't.
All that doesn't even consider the various underlying patents that are under pressure and a number of which have already been preliminarily ruled invalid. If / when they fall the damages will fall even further.