InfoAnda - Analysis: In Apple vs. Samsung, alchemy of damages takes the stage |

Pakistanis angry over detentions in Times Sq. case
Monday, May 24, 2010
ISLAMABAD – Relatives of three men detained by Pakistan for alleged links to the suspect in the attempted Times Square bombing say the men are innocent.
They

Taiwan denies boycotting Australian film festival
Thursday, August 6, 2009

AFP - Thursday, August 6TAIPEI (AFP) - - Taiwan's Beijing-friendly government on Wednesday denied boycotting an Australian film festival amid a row over the e

Merkel's support dips, regional ally resigns International
Thursday, September 3, 2009

By Sarah Marsh and Noah Barkin

BERLIN (Reuters) - Chancellor Angela Merkel suffered a double blow on Thursday as a senior party ally in east German

Minister seeks closure of anti-Berlusconi websites
Wednesday, December 16, 2009
ROME (AFP) - – The Italian government moved Tuesday to close down Internet sites encouraging further violence against Prime Minister Silvio Berlusconi, who

Asian markets mixed after Wall Street rally
Wednesday, March 18, 2009

By ELAINE KURTENBACH,AP Business Writer AP - Wednesday, March 18SHANGHAI - Asia's stock market rally seemed to be running out of steam Wednesday, despite an

US says ceasefire must include end to Hamas rocket fire | 3 January 2009
China's Wen says social tensions behind school killings | | 14 May 2010
At least 20 die in accident on Russian nuclear sub | International | | 8 November 2008

Apollo 11 astronauts call for trip to Mars | 21 July 2009

Forum Views () Forum Replies ()

Read more with google mobile : Analysis: In Apple vs. Samsung, alchemy of damages takes the stage |

Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Aerospace & Defense Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Campaign Polling Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Breakingviews Money Money Home Tax Break Lipper Awards 2012 Global Investing MuniLand Unstructured Finance Linda Stern Mark Miller John Wasik James Saft Analyst Research Alerts Watchlist Portfolio Stock Screener Fund Screener Personal Finance Video Money Clip Investing 201 Life Health Sports Arts Faithworld Business Traveler Entertainment Oddly Enough Lifestyle Video Pictures Pictures Home Reuters Photographers Video Reuters TV Reuters News Article Comments (0) Counterparties: Today's Best Links Where America buys its guns America has some 13 million trained hunters, GQ reports in a new investigation into the thousands of local stores that sell guns. Read more at Counterparties Facebook's original sales pitch to investors Why your salary is stagnating Get Counterparties delivered to your inbox! Follow Reuters Facebook Twitter RSS YouTube Read UK's Prince Harry cavorts naked in Vegas party photos | 4:58pm EDT Akin furor knocks Republicans off message, again | 5:37pm EDT Storm Isaac threatens Caribbean, U.S. Republican Convention 3:16pm EDT Syrian army batters parts of Damascus, 47 killed | 4:57pm EDT Apple, Samsung make final pitch to jury 9:35am EDT Discussed 138 Obama’s lead over Romney grows despite voters’ pessimism 122 Romney to announce vice presidential choice Saturday 94 Analysis: Are Israelis tough enough for a long war with Iran? Sponsored Links Pictures Reuters Photojournalism Our day's top images, in-depth photo essays and offbeat slices of life. See the best of Reuters photography. See more | Photo caption Battle for Aleppo The battle for Syria's biggest city. Slideshow Life in Florida As the Republican convention heads to Tampa, a look at life in the pivotal election swing state of Florida. Slideshow Analysis: In Apple vs. Samsung, alchemy of damages takes the stage Tweet Share this Email Print Related News Apple fires closing shots at Samsung in patents battle Fri, Aug 17 2012 Samsung expert: Apple overstates its damages at trial Fri, Aug 17 2012 Stylus, split-screen stand new Samsung tablet apart Thu, Aug 16 2012 Judge urges Apple, Samsung to settle before verdict Wed, Aug 15 2012 At trial, it's Samsung's turn to say Apple copied Tue, Aug 14 2012 Analysis & Opinion Hedge funds dodge Morrison in state-court case against Porsche The Stoker verdict and Citi’s settlement with the SEC Related Topics Tech » Media » Samsung attorney Charles Verhoeven (R) delivers his opening statement as U.S. District Judge Lucy Koh (C) watches in a high profile trial between Samsung and Apple in San Jose, California July 31, 2012. Credit: Reuters/Vicki Behringer By Dan Levine SAN JOSE, Calif | Wed Aug 22, 2012 4:24pm EDT SAN JOSE, Calif (Reuters) - Between the hotshot designers and brainy engineers Apple Inc questioned for three weeks in the company's bitterly fought patent battle against Samsung Electronics Co Ltd, a marketing expert from MIT took Apple's lawyers all of three minutes. But the testimony from MIT Professor John Hauser cuts to a central dilemma in the smartphone patent wars. What is a single nifty feature worth? Hauser's answer: exactly $39 per phone for a device that recognizes a second finger on the touchscreen. If such features are deemed to be as valuable as Hauser suggests, a verdict in Apple favor's might represent more than just a big payout in damages. It could also prompt the judge to award Apple a much bigger prize: a sales ban on Samsung mobile products. Nine jurors began deliberating Apple's intellectual property claims against Samsung on Wednesday in a federal court in San Jose, California. If they decide Samsung, which is the world's largest smartphone maker, violated any of Apple's patents - or vice versa - the next question is how, exactly, each company should be made to pay. The answer lies in the alchemy of estimating damages in high stakes intellectual property cases, in which slight changes in assumptions are worth billions of dollars and individual judges vary widely on how they handle the testimony of paid expert witnesses. Further complicating the issue is a recent appellate court ruling that threw out damages rules that had been on the books for decades. "In some ways we're in uncharted territory here," said Thomas Cotter, a professor at University of Minnesota Law School who is not involved in the litigation. Apple is seeking more than $2.5 billion and a sales ban based on small subset of features it claims are in great demand among consumers. A verdict in Apple's favor would put large swaths of the smartphone industry at risk of similar legal troubles. SKEPTICAL JUDGES Apple's arguments on the value of the "market demand" for its features are embodied in Hauser's study, which surveyed Samsung customers over the Internet. It is a central pillar on which the iPhone maker's damages case rests. Some judges are skeptical of such surveys. Earlier this year Judge Richard Posner, in federal court in Chicago, dismissed litigation between Apple and Google's Motorola Mobility unit after lambasting damages studies prepared by both sides. In an interview with Reuters last month, Posner distinguished between customer surveys conducted by companies in their normal course of developing products and those done for litigation. "It's a lot less credible," Posner said. In Apple's battle against Samsung, however, swaths of expert damages testimony from both sides have been allowed into evidence. Patent damages used to involve a principle known as the 25 percent rule: if a company infringed a patent, it risked paying 25 percent of its profits to the patent owner - regardless of how marginal the technology was to the overall product. Critics blasted the rule for unfairly large awards, and it was overturned last year. The change gave rise to surveys, like Hauser's, which attempt to move away from arbitrary percentages and tie patented features to real world consumer preferences, said Roy Epstein, a professional damages expert who has not worked for Apple or Samsung. It is up to judges to decide which studies are fit for juries to see. Posner believes those that focus the consumer's attention on one technological feature, to the exclusion of thousands of others, can artificially exaggerate its importance. In court filings unsealed during the run-up to trial, Hauser argued his study solves that problem by showing consumers different phones with varying features. "A multi-feature task discourages respondents from guessing that the researcher is interested in a particular feature, which would, in turn, cause the respondent to believe that the researcher is 'demanding' a particular response," Hauser wrote. Samsung did not seek to bar Hauser's testimony before trial, and U.S. District Court Judge Lucy Koh can consider it when mulling a permanent sales ban if the jury goes Apple's way. BACK TO THE MONEY Hauser believes smartphone users would be willing to pay $100 more for phones with multitouch and two other features. Cue Apple's key accounting expert, Terry Musika: based in part on Hauser's findings, Musika testified that Samsung should pay a royalty of $7.14 per phone on those three patents. Combined with Apple's design claims --covering flourishes like rectangles with rounded corners - Musika gave the jury a scenario to award Apple a royalty of about $540 million. That amount would not slow down a global tech purveyor like Samsung. Musika also handed the jury another option to compute Samsung's tab, based on the Korean company's profits, an approach that would ramp up the potential payday. Musika pegged Samsung's gross profit margins for the phones at issue in the lawsuit at 35.5 percent, or more than $2.2 billion. Judges are allowed to bar experts based on problems with their methods. In Oracle's copyright battle against Google, for instance, U.S. District Court Judge William Alsup forced Oracle to rework its damages arguments more than once. But while judges can bar an expert if they think his or her methods are bogus, they are supposed to let jurors sort out the assumptions. Samsung's expert, Michael Wagner, criticized Musika for failing to account for marketing, R&D and other costs that would reduce Samsung's profits. Wagner's scenario put Samsung's vulnerable profits at $519 million. Patent damages expert Epstein said good experts only go so far when devising numbers for their clients. "I tell them, I'm perfectly happy to consider any damages theory, but then I ask myself, What questions does such an approach raise?" Epstein said. "If I don't have a principled answer, there's a line beyond which you can't go." The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, No. 11-1846. (Editing by Jonathan Weber, Edward Tobin and Leslie Adler) Tech Media Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above. Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter Facebook LinkedIn RSS Podcast Newsletters Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

Other News on Thursday, 23 August 2012
Despite Assange claims, U.S. has no current case against him |
Thousands being moved from China's Three Gorges
Analysis: Brazil's Rousseff boldly shuns base, embraces business |
Japan PM hints at elections in November: Kyodo |
Most of Peru region opposes Newmont mine: poll |
IAEA head not optimistic on access to Iran military site |
Police raid bomb factories in central Nigeria state |
HP posts mega-loss after EDS writedown |
Rambus says to cut 15 percent jobs, reorganizes operations |
Brokers say Nasdaq's Facebook compensation plan not enough |
Analysis: In Apple vs. Samsung, alchemy of damages takes the stage |
PayPal deepens retail drive in Discover payments deal |
Your Money: Trashing your ex on Facebook may cost you |
Taylor Swift's Never Ever breaks music chart record |
UK's Prince Harry cavorts naked in Vegas party photos |
Avril Lavigne, Chad Kroeger engaged to marry |
Jackson nephew made co-guardian of pop star's kids |
Russia dismisses foreign critics of female punk rock band trial |
Syrian army batters parts of Damascus, 47 killed |
U.S., Pakistan must divorce as allies, ex-Pakistan envoy says |
North Korea to send figurehead to summit, not supreme leader: KCNA |
Insight: China ups lobbying game, but faces key tests in U.S., Canada |
Japan PM likely to call November poll, party set for drubbing |
Colombia's Santos plans to shuffle cabinet ministers |
Angola's $17 billion energy drive will help poor: Dos Santos |
Despite Assange claims, U.S. has no current case against him |
Argentine Congress OKs state takeover of investigated firm |
HP posts mega-loss after EDS writedown |
FTC clears Facebook's acquisition of Instagram |
LG says started production of new screen, as Apple plans product launch |
Ancestry.com bids fall short of expectations: sources |
Citigroup slams Nasdaq's Facebook compensation plan |
International Rectifier sees weak first quarter revenue, shares fall |
Consumer Reports says Ford touch-screen system stinks |
Sharp lenders considering $2.5 billion more in loans: media |
Jolie, Pitt daughter to make film debut as young princess |
Actress Natalie Wood's death certificate amended by coroner |
Trial of Gaddafi's son due to start next month |
Insight: Syria casts net wide in search of oil deals |
Egyptian lawyer files complaint against former military head |
Hot-air balloon crashes in Slovenia, four killed |
South Africans mourn victims of platinum mine carnage |
German state bans neo-Nazi groups, raids buildings |
Land disputes threaten South Sudan security: official |
Russia's rights ombudsman decries Pussy Riot verdict |
Pakistani girl accused of blasphemy traumatised: activist |
Microsoft rolls out first new logo in 25 years |
India faces Twitter backlash over Internet clampdown |
Australia fighter jets first to get hi-tech U.S. jammers |
Analysis: NetSpend's value questioned as new card players muscle in |
Naked prince pics ban reveals chastened British press |
John Lennon's killer denied parole for 7th time |
Burton's Frankenweenie opens London film festival |
Russia's rights ombudsman decries Pussy Riot verdict |
Greece at new risk of being pushed off euro
Bodies of missing Tenn. mom, Jo Ann Bain, and daughter found
Female Breasts Are Bigger Than Ever
AMD Trinity Accelerated Processing Units Now in Volume Production
The Avengers (2012 film), made the second biggest opening- and single-day gross of all-time
AMD to Start Production of piledriver
Ivy Bridge Quad-Core, Four-Thread Desktop CPUs
Islamists Protest Lady Gaga's Concert in Indonesia
Japan Successfully Broadcasts an 8K Signal Over the Air
ECB boosts loans to 1 trillion Euro to stop credit crunch
Egypt : Mohammed Morsi won with 52 percent
What do you call 100,000 Frenchmen with their hands up
AMD Launches AMD Embedded R-Series APU Platform
Fed Should not Ignore Emerging Market Crisis
Fed casts shadow over India, emerging markets
Why are Chinese tourists so rude? A few insights

USD EUR - 1 year graph	VPN on MacOSX	BlogMeter 1.01