2012年8月23日星期四

Apple and Samsung

Many class testifying for Apple designers and excellent engineers in the last three weeks the court battle between Apple and Samsung (microblogging), a Massachusetts Institute of Technology, marketing experts in which seems somewhat humble .
However, only appear in court three minutes, but this John Hauser (John Hauser) the testimony of Professor precisely the crucial point of this smartphone patent war. A small feature worth what? The Hauser answer: let the phone's touch screen multi identify a need to pay the $ 39 cost of fingers, each phone.
If this feature is really that valuable, once Apple's favor, not only can get large compensation judge is also expected to promote greater reward to Apple: lock-up Samsung mobile device.
Wednesday, nine jurors began to consider the case in federal court in San Jose, California, to determine whether Apple and Samsung each other's intellectual property rights violations. If the infringement allegations established, the next step will have to determine how the compensation, as well as the specific amount of compensation.
The final answer depends on the calculation of damages, the slightest change will generate billions of dollars of difference. Not only that, each judge admissible expert witness testimony, but also very different.
More complex, a recent decision of a U.S. Court of Appeals overturned the compensation rule has been in place for decades.
"In a sense, in crossing the river by feeling the stones." Thomas Cote (Thomas Cotter), the University of Minnesota Law School professor, said he was not involved in the case.
Apple requires compensation of more than $ 2.5 billion, and hope that the ban a number of Samsung products - these products are used widely welcomed by consumers, small features. Once the court makes a judgment favorable to Apple, Nike Shox turbo will be the smart phone industry a heavy blow, resulting in other enterprises find themselves in a similar legal predicament.
The judge questioned
House of the study reflect the value of Apple related function finds the basis of this study is the investigation launched Samsung users via the Internet. Why Apple claim is crucial evidence.
Some judges are skeptical of this investigation. Earlier this year, Richard Po Sina (Richard Posner), a Chicago federal court judge dismissed the patent litigation between Apple and Motorola (microblogging) move, that both claim the evidence is not fully.
Po Sina said when interviewed by the media last month, in the product development process for the customers expanded routine investigation, is very different from the commencement of the Free ship Nike Shox shoe, with specific investigation. "The latter is less reliable." He said.
However, Apple and Samsung patent war, both expert witness testimony published for compensation are adopted.
Patent indemnification ever follow the so-called "25% rule": If a company for patent infringement, they may be 25% of the profits to compensate the patent holder - regardless of the technology is how unimportant in the overall product. The critics believe that the principle that the ratio is too large. In the last year, along with a lawsuit in the principle has finally been overthrown.
The claims specialist Roy Epstein (Roy Epstein), this change also spawned a large number of Hauser this survey, its purpose is abandoned the arbitrary percentage in favor of the patented features and the actual preferences of consumers linked. Epstein did not cooperate with Apple or Samsung.
As for which research is suitable for the jury the adoption of the decision by the judge. The Po Sina judge too much attention to the consumer of cheap Nike Shox shoe, while ignoring the thousands of other functions, is artificially inflated the importance of the technology.

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