And as I understand, the Law is laid out in front of them in the Jury
Instructions.
Exhibit A: Final Jury Instruction No. 35 - Utility Patent
Damages -- Burden Of Proof
I will instruct you about the measure of
damages for claims of utility patent infringement. By instructing you on
damages, I am not suggesting which party should win on any issue. If you find
that either party infringed any valid and enforceable claim of the other side's
patents, you must then determine the amount of money damages to be awarded to
the patent holder to compensate it for the infringement.
The amount of
those damages must be adequate to compensate the patent holder for the
infringement. A damages award should put the patent holder in approximately the
financial position it would have been in had the infringement not occurred, but
in no even may the damages award be less than a reasonable royalty. You should
keep in mind that the damages you award are meant to compensate the patent
holder and not to punish an infringer.
Each patent holder has
the burden to persuade you of the amount of its damages. You should award only
those damages that the patent holder proves it suffered by a preponderance of
the evidence. While a patent holder is not required to prove its damages with
mathematical precision, it must prove them with reasonable certainty. Neither
patent holder is entitled to damages that are remote or
speculative.
From the horse's mouth:
However, Hogan said that was a
misinterpretation of his description: "I realise how it sounds, but it wasn't
'punish'. In this country, intellectual property deserves to be protected. My
real point was that if any company decides to ignore the stipulations and rules
and gets too close that they cross the line and infringes and does so willfully
– they need to understand if they take the risk and get caught, they should have
to pay for it."
Sorry Mr. Hogan: try and rationalize all you want.
You've made it clear the Jury found damages such that were above compensation.
Whether you wanted to target Samsung specifically or send a message to others
doesn't really matter.
Bottom line: You choose to ignore the Jury
Instructions and take the Law into your own hands.
My humble
opinion.
RAS[ Reply to This | Parent | # ]
|
