The jury deliberation from the latest round in the seemingly neverending Apple vs Samsung battle is over and the verdict is in. After over a month of speculation, Samsung has been ordered by the jury to pay $119.6 million to Apple for infringing on patents.
But while on the face of it, it seems like a win for Apple, it must be remembered that the Cupertino company had been seeking damages in excess of $2 billion for the same infringements. It’s a big blow to Apple’s patent litigation strategy and the jury-awarded damages seems like pocket change in comparison to the $2 billion.
Much of the $119.2 million would have been spent by Apple towards forming their case. No doubt the countless hours spent with patent experts and the manpower needed to gather expert testimony to bolster their case would have resulted in considerable expenses.
Critics of Apple’s patent litigation strategy would be quietly smiling to themselves. For them the verdict vindicates Apple’s ‘wrong’ approach. It’s clear that Apple has waged a proxy war against Android in general with its many high-profile court cases against Samsung. After all in many markets, Samsung is analogous to Android, and is without doubt the biggest OEM backing the platform. Android’s growth is directly as a result of Samsung’s all-out assault on the market, with its Galaxy S series of phones being the so-called crown jewels. So by seeking massive damages and also a sales injunction against Samsung phones, Apple is hoping to curtail Android’s growth in the high-end segment, to protect its revenue growth and market share. So the comparatively minor penalty will come as a big blow for Apple.
There still remains the question of whether Judge Lucy Koh will rule in favour of Apple in the matter of the injunction. The jury only decided the damage amount, while Koh reserves the verdict on an injunction. It looks highly unlikely, though, given the rather lenient jury verdict.
No comments:
Post a Comment