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.
没有评论:
发表评论