Samsung backed by 27 law professors in the first patent lawsuit against Apple

Samsung backed by 27 law professors in the first patent lawsuit against Apple
Several months ago, the first patent trial between Apple and Samsung concluded in favor of the Cupertino giant, as the federal jury found Samsung guilty of infringing on several of Apple's patents. As a result, the company from the Far East was to pay Apple some $929.8 million, but Samsung is appealing the court's decision to the Federal Circuit. This means that although the two companies are reportedly in settlement talks, the hatchet won't be buried anytime soon.

One of the more recent events that will undoubtedly add some fuel to the fire is an amici curiae declaration by 27 US law professors, who revealed that they actually support Samsung in the first patent trial. They sent a letter to the Federal Circuit, which states that fining the infringer by taking away any profits, which are gained thanks to the patents in question, is typical for the 19th century, when the subjects of such trials were carpets and not modern electronic gadgets.

Therefore, the awarded sum of roughly $930 million is rather high and completely unfair, the professors claim. If the Federal Circuit finds their argument relevant to the patent trial, the sum of money that Samsung has to pay could be lowered a little.

Interestingly enough, three of the professors in question were apparently on Apple's side before. Professors Shubha Ghosh, Thomas Cotter, and Katherine J. Strandburg apparently supported Cupertino in its FRAND-related trial against Motorola.

Just a month ago, Apple won the second patent infringement trial, which included a set of newer devices, such as the Galaxy S III. This time, Apple has to receive a trial award of $119.6 million, but Samsung is appealing this verdict in the second instance court, as well.

source: Amici Curiae, Foss Patents via SamMobile



1. Finalflash

Posts: 4063; Member since: Jul 23, 2013

Experts and intellectuals be damned, the law is run by emotions and gut feelings now.

4. Ashoaib

Posts: 3276; Member since: Nov 15, 2013

Everyone must backup samsung to end this patent drama from patent troll apple

5. PBXtech

Posts: 1032; Member since: Oct 21, 2013

The law is ran by corporations who "donate" money to the right people.

7. 0xFFFF

Posts: 3806; Member since: Apr 16, 2014

Well said. In short, the law is run by money. Just like everything else in America.

9. Finalflash

Posts: 4063; Member since: Jul 23, 2013

PLZ, they're called "people" now, that means people donate to other "right" people and then get their way.

10. ardent1

Posts: 2000; Member since: Apr 16, 2011

If you steal in 1887, it's the same as you steal in 2014. All the law professors cannot change this simple observation. It's amazing the lengths Samsung will go rather than apologize and make amends. Samsung's hardball tactics has not work in the US because people in the US have a good sense of fairness.

12. jroc74

Posts: 6023; Member since: Dec 30, 2010

Mean while....Apple was guilty on a patent and the amount is probably 1/20 of the amount they got awarded in the last case...and yet they plan on appealing it...instead of apologizing and making amends.

13. Taters

Posts: 6474; Member since: Jan 28, 2013

Samsung didn't steal. Apple just accused Samsung of stealing and thanks to idiots like you, Apple won in one lawsuit in their hometown. Talk about being rigged.

2. MarioG

Posts: 21; Member since: Jun 02, 2014

Smartphones are the new carpets.

3. The13thKing

Posts: 849; Member since: Feb 26, 2014

meh. I bet the old judges own iFeaturePhones.

8. 0xFFFF

Posts: 3806; Member since: Apr 16, 2014

I would think they each have a nice new iPhone 5S.

11. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

Even the district iJudge is iBribed.

6. express77 unregistered

These judges are laughing stock of justice.

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