FOSS Patents added that "It's possible that Samsung has made headway with respect to the amount of damages Apple will be allowed to claim, but its long-shot attempt to have the entire schedule vacated did not work."

Will the Mainstream Press Ever Learn?

In December, the press went into false jubilation mode claiming that Apple's rubber-band patent was invalid. We called that hysteria nothing more than a pipedream which has ended up being the right call against the tide of naysayers. In June, the US Patent and Trademark Office reversed their initial decision that the '381 patent was invalid.

This time around, Samsung has lost hands down for a retrial for the '381 patent. The very patent that the press mislead the public with last year claiming it had been invalidated – as in permanently.

The press should learn by now that Samsung plays the "invalidation card" as much as they can, knowing full well that historically this tactic rarely works as we pointed out in our December report. But Samsung knows that the press just loves to slam Apple and so they play that PR game for all its worth. Will the mainstream press ever learn? Don't count on it.

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