Apple-Samsung Trial Is All About Messages: Feldman

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April 25 (Bloomberg) -- UC Hastings' Robin Feldman, author of "Rethinking Patent Law," discusses Apple and Samsung's $2 billion trial with Emily Chang on Bloomberg Television's "Bloomberg West." (Source: Bloomberg)

Robin, first of all, how big a wrench in the case is this appeals court decision?

It certainly is a surprise that i doubt either side was expecting.

Now, the judge does not have to listen to the decision that was made in another case.

It's not binding, even though they're talking about the meaning of the same patent.

However, the judge's decision would go to the same court of appeals that the other decision went to as well and if one is a trial judge, one does not thumb one's nose as an appellate court easily.

Now, as i understand it, the appeals court adopted a narrow interpretation of the patent that accounts for the biggest portion of the damages that apple is seeking and this is a data tapping patent tapping data to turn it into a link.

Does it account for the greatest of the damages, $2.2 billion that apple says it deserves, couldn't that have a big impact on the award in this case?

A narrow interpretation of that patent could reduce the amount of damages that would be appropriate in this case if it were infringed.

So, $2.2 billion, do you think that's fair?

The apple-samsung trial has always been about messaging, messaging for the jury and messaging for those outside the courtroom.

By asking for $2.2 billion, apple's message is we have really been hurt by this.

By asking for a very small amount in response, samsung message is that's ridiculous.

You have asked for my opinion on what it is and i would say that's up to the jury to decide.

As you mentioned, samsung is asking for a small amount.

They're just asking for $7 million.

So, robin, how do you expect this to play out?

One of the things that's different in this trial from, which i would call version 2.0 of the apple-samsung case from the first version of the case is the background conversation.

Two years ago, no one on main street had heard about smartphone wars or patent trolling.

Now everybody has got an opinion of how the patent system should be run and what should happen.

I would suspect that there will be a more lively conversation in the jury room this time and perhaps take longer than last time.

The last time this happened, robin, a $1 billion award came out, i mean, is there a chance or how likely is it we could be as shocked by the next amount or do you see these as two completely different trials?

I don't see them as different trials.

I think they are intimately related.

I think that the jurors will be aware of the amount that was awarded in the last case.

That could easily affect the amount that they choose to award in this case if they do choose to award it.

I would not be surprised to see another very large award in version 2.0. all right, thanks so much

This text has been automatically generated. It may not be 100% accurate.


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