From a piece Ben Lovejoy posted two days before an American jury ordered Samsung to pay Apple $533 million in damages:
My expectation is that Apple will lose the case – and I’ll define ‘lose’ in a moment – and that, actually, that would be the right result …
Samsung argues that it copied specific design elements of the iPhone, and that it owes damages only on the value of the infringing components.
Apple says that Samsung copied the entire look of the iPhone, and that it should be entitled to 100% of the profits Samsung made on all infringing smartphones.
I don’t think either side will get what they are asking for in this case. Apple wants a billion dollars – the amount it was originally awarded – while Samsung wants to pay $28M. The amount awarded is almost certain to be somewhere in the vast chasm between the two.
For me, the magic number is $399M. This was the revised figure after the original appeal, and the entire point of this case is to decide whether or not that was the correct amount. If the jury awards anything over $399M, Apple wins; if it awards anything less, Samsung wins.
My take: A bold but foolish prediction.
CORRECTION: An earlier version had Ben Lovejoy writing for a different publication. Mea culpa.