In FOSS Patents latest legal report, he notes that "Apple's damages theory for the trial that will begin on March 31 is an objective insanity, and I say so even though Judge Koh allowed Apple to present it to the jury. Mueller further stated in his recent post that he faces the first situation in which he doesn't merely disagree with Apple but is wondering whether or not it has "lost its mind."
Mueller continues by stating that "A damages expert will argue on Apple's behalf that, if the parties had acted reasonably and rationally in a hypothetical negotiation, Samsung would have agreed to pay $40 -- forty dollars! -- per phone or tablet sold as a total royalty for the five patents-in-suit, which relate to (but don't even fully monopolize) the phone number tapping feature, unified search, data synchronization, slide-to-unlock, and autocomplete. The theory is that Samsung would simply have raised its prices accordingly."
Mueller further notes that "I can understand that Apple, almost three years after having filed its first lawsuit against Samsung, is disappointed with the fact that it has no enforceable remedies in place in the United States. But seeking out-of-this-world damages based on bizarre theories of what a hypothetical negotiation would result in is not the answer."
The rest of Mueller's report discusses FRAND rate arguments and SEP and non-SEP issues. Most will appreciate Mueller's legal viewpoints while others will wonder where common sense has gone.
You have a company like Samsung who acts like a foreign crime organization who has no conscience in stealing Apple's advanced technology and using it to eventually overtake the leader who introduced the revolutionary iPhone which had no equal in 2007 when it was introduced.
The infringer knows that they can continually update their products and introduce workaround solutions to Apple's technology over time and never really pay for their original infringement. With the legal system moving at glacial speeds, Apple couldn't get the infringing products off the market fast enough.
So while there are legal precedents and infinity of legal rules and procedures that have to play out, they do so in favor of the infringer. Apple will never make back what this criminal-like organization known as Samsung has gained from stealing Apple's intellectual property.
It's not Apple that has lost its mind, it's the legal system that puts Apple in this crazy situation wherein they're the big loser no matter how this turns out in the end, unless they can find a jury that has a conscience to say enough is enough. The criminal has to pay, not the one that actually and honestly invented the technology. Unfortunately, that's likely to never happen.
Samsung knows this game better than anyone else in the world today and it's why they proudly call themselves fast followers. Hell, it's a very lucrative business it turns out. If average Joe robs a bank and gets caught with $5,000, he'll get fast tracked through the system and get twenty years. If you're a corporate crime-like organization, you can dance around the law like a figure skater at an Olympic event.
Samsung openly admits to being a thief, opps, I mean fast follower. It appears there's no system in place to deter them. Androiders, on the other hand, think of Samsung as their techno Robin Hood of the day. Can things get any more warped than that?
The Full Court Transcript
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