California verdict under weight of truth

Samsung-Apple patent saga to have first denouement in December

By Kim Yoo-chul

A jury led by Velvin Hogan, a former engineer and patent-holder, in August awarded $1.05 billion to Apple, accepting the U.S. iPhone manufacturer’s claims that Samsung copied its products.

But soon after the verdict in San Jose, Hogan caused controversy and raised questions about whether the verdict was fair as he was quoted as saying, ``We wanted to make sure (the verdict) was sufficiently high to be painful.’’

This is one factor that likely contributed to the size of the award by creating a feeling among the jury that Samsung should be punished for the infringement, according to patent attorneys and legal experts.

``The problem with this line of reasoning is that, by law, US patent damages are intended to compensate the patent owner, not punish the infringer,’’ said Brian J. Love, a professor at Santa Clara University School of Law, in an e-mail interview with The Korea Times.