Allowing patent value to be inflated to 'all' of a products value is so
reminiscent of Rob Reid's
Copyright Math wherein the parts would greatly outweigh the whole. Also sort of
like how building a car from OEM parts would inflate the sticker value. Consider
there are purportedly 250,000 patents reading on smart phones and the value
of individual patents can't be too high.
Injunction under 35 USC 283 is
intended to restore equity the value of which is Apple's burden of proof to
demonstrate. Eliminating proof and blindly allowing injunction would be the
equivalent of assigning the value of a patent unit license to the value of the
entire product.
It inflates the value of those patents by the value of
Apple's trade dress
and
goodwill as a whole. This could be shown by those preliminary rejections of
all claims under reexamination being upheld leaving nothing else to demonstrate
the difference in sales price between Apple's products and their
competitors.
Should they have been remiss in patent marking or patent claims
modified from Apple's actual implementation for purposes of successful
prosecution their position here would be little different than that of patent
trolls. We can next expect a refrain that "the strength of patents will sharply
diminish, and the costs to innovation will be profound" when all that is
happening here is the prevention of patent value inflation in favor of statutory
equity relief.
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