Normal People to Compare Apple and Samsung Products for Amount Owed Apple

November 13, 2013, By Daniel Rapcencu

Apple was awarded $1 billion in a patent infringement suit it won against Samsung a year ago.  Recently a judge set aside part of that judgment saying the jury improperly calculated the amount of the award. A jury was just picked to calculate the new sum to be paid by Samsung.

 

Just imagine sitting on a jury with an iPhone in one hand and a Samsung handset in the other. You have to compare both and figure out with the rest of the jurors how many people purchased the Samsung device instead of the Apple handset just because of the patent infringements. Then you can do the same with a set of tablets. Maybe you will walk through the entire product lines that infringe Apple’s patents.

Samsung vs AppleNow do the same with ordinary citizens, some of which may not be competent in running a computer let alone operating smartphones and tablets.  Add to this the intricacies of which look and feel features are the deciding factors for a purchase. Are the size ratios similar enough for the average consumer to confuse the two?

So a jury has now been selected by attorneys from both sides. A jury of eight will hear evidence and examine the various products. They will probably have hands-on time to pinch and zoom and feel the rounded corners. Maybe even look at some of them powered off to compare the blackness of the screens.  Who knows what they will find?

The California Federal Court will oversee the process of calculating how much money was lost by Apple due solely due to the infringement. I have to wonder if the jury will be able to sort this out and separate the sales Apple lost due to Samsung having better features or looks.  How many people bought a Samsung device because they felt it was better than the Apple device?

I have a Samsung Galaxy III that is larger and a better display for me than the latest Apple iPhone. That is why I chose it in addition to a much better price point. Of course, neither of these products infringe upon each other, but you get the idea?

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