Pg 29, Line 18:
FINAL JURY INSTRUCTION NO. 18
...
You
will also need to make a finding as to whether the infringement was willful. If
you decide that any infringement was willful, that decision should not affect
any damage award you give. I will take willfulness into account
later.
Perhaps the jury['s foreman] was confused by the
instructions (that was said (by the jury['s foreman]) to be ignored
anyway):
Page 30, Line 5:
FINAL JURY INSTRUCTION NO.
18
...
If you decide that any Apple trade dress is both protectable and
has been infringed or willfully diluted by Samsung, you will then need to decide
the money damages to be awarded to Apple.
Page 93, line:
10
FINAL JURY INSTRUCTION NO. 71
...
If you determine that
Samsung’s dilution was not willful, you do not need to assess monetary damages
for that claim.
Which to me suggest that if no willful
dilution [ie confusion of the products was not deliberate] was found,
then no monetary damages need be assessed; if wilful dilution was found then
monetary damages for the dilution should be awarded and the judge would then
assess the extra damages for willfulness as per instruction 18.
Clearly
contempt for the Judge's instructions and, hence, for her court. [ Reply to This | Parent | # ]
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