Apple seems determined to wage total war as its patent trial against Samsung moves into its second day. As ancient armies once did against their enemies, Apple is looking to salt the earth so its competitor can never rise again.
Apple is seeking to have the court case declared “exceptional,” a legal standard under which the jury could award treble damages. That’s three times the amount of actual, provable damages — which Apple is claiming run to billions of dollars.
Apple is also seeking to recoup 100% of the profits Samsung made as a result of the sales of any products found to be in violation of Apple’s patents. It is also seeking a permanent injunction to stop Samsung from selling any products found to be infringing.
Harold Edgar, a professor of law and technology at the Columbia Law School, says Apple’s apparent thirst for blood isn’t unusual. “You always wage total war in litigation — that’s the way this works.”
The accusations Apple has made has provoked a furious response from Samsung.
“Apple’s overreaching claim for damages is a natural extension of its attempt to monopolize the marketplace,” Samsung said in its trial brief. It added that Apple’s key design patent “shows little more than a blank rectangle with rounded corners.”
Samsung has made a counter-claim, saying that Apple should pay Samsung for Apple’s use of their core smartphone technology. Should Samsung’s claims prove victorious, Apple would be required to pay Samsung royalties.
“The dollar volume is potentially very high in terms of money and product that could be influenced,” Edgar said of the Samsung battle.
Edgar also remarked that this case’s overall effect on the smartphone market will be limited.
“I would be surprised if any outcome here had as its consequence giving either party domination in the cell-phone business that was anything like Polaroid’s victory over Kodak,” he said.
Polaroid won a decisive case over instant-photography patents against Kodak In 1985. Kodak dropped out of the instant-camera market as a result.
