Apple v Samsung decision is “not the end of the battle”

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Comment from Chartered Patent Attorney Ilya Kazi, one of the world’s leading intellectual property strategists and partner from intellectual property advisors Mathys & Squire, on the outcome of the latest courtroom battle between Apple and Samsung where Samsung has been ordered $119.6m (£71m) in damages for infringing two of Apple’s patents.

“The award is a fraction of the $2 billion in damages that Apple had claimed, so Samsung will feel relieved by the verdict.

Although the jury has been far more measured than in the last case where Apple was awarded $930 in damages, I would expect Samsung to appeal and the patent disputes between these two are certain to move on to new ground.

Apple and Samsung are constantly changing their products to keep pace with the market. The technical issues of each dispute quickly change and, until the matter is settled once and for all, the only decision the litigators need to make is whether to pursue the present case to the Supreme Court or select new patents from their armoury and restart the battle in a new area.

Ultimately, this is a commercial dispute and the only way to reach a long-term settlement is if both parties negotiate a solution, and that is only possible if it includes Google.

This is certainly not the end of the battle.”

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