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| Authored by: AH1 on Friday, July 12 2013 @ 04:12 AM EDT |
That was kind of the premise behind my options. Consider what would happen if
the Judge delayed the damages hearing until after the USPTO ruled on the
validity of the patent. Apple could be waiting a year before they were given
the opportunity to argue damages. Worse yet for apple, if the USPTO ruled the
patent to be invalid then all damages associated with that patent evaporate AND
all other damages amounts get delayed.
Now if the judge proceeds directly to damages but moots the patent Apple
immediately loses the ability to claim damages related to the patent BUT retains
the opportunity to try and sue again for damages based on the narrowed scope of
the patent. Odds are the results of a second (actually third) trial would go
poorly for Apple. A retrial would be more likely to result in a less skewed
result because: (1) the patent becomes more specific, (2)the infringing products
have become obsolete and Samsung will have the time to design future products
around the updated patent, (3)Apple has already "shown its hand" when
it comes to their trial strategy. If Apple were smart they would just punt at
that point. BUT this whole trial has never been about money it has been about
the Jihad that Steve Jobs declared against Android before he died.
Unfortunately for Apple, there are still too many Zealots in Apple management
who are willing to become martyrs for the cause.[ Reply to This | Parent | # ]
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