Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Apple v. Samsung: It Isn't Over Yet
August 27, 2012
Apple's $1.05 billion victory against Samsung was no doubt the cause for much celebration in Cupertino, but isn't over yet.
Samsung will appeal, but first it will ask Judge Lucy Koh to throw out the verdict as a matter of law, while Apple will ask that the award be increased based on willfulness. And so the blood bath will continue.
From an e-discovery standpoint, there was a face-off. Samsung got an adverse inference instruction for failing to turn off an auto-delete function in its e-mail system. Judge Koh neutralized that by including instructions for the jury indicating that Apple had destroyed and tampered with evidence.
There was a interesting post by Groklaw suggesting that the verdict may not stand. There are so many rumors flying about the jury's rapid fire decision that I'm reluctant to comment until the dust has settled.
After reading Steve Jobs' biography, the one note of humor for me was Apple CEO Tim Cook's applauding the jury for sending a message that "stealing isn't right." You may recall that Apple's founder once said, "We have always been shameless about stealing great ideas." Something of a disconnect there.
Listen to the Podcast
