The biggest deal here, by far, is Apple's loss
on willful infringement, where if the jury's finding of willfulness was upheld and taken to its limit, it could have resulted in $ 3 billion in damages awarded to Apple.
Not exact matches
If both sides, through their eyes and their people's eyes, have concluded that the plaintiff is absolutely going to win this case, and the plaintiff is going to get a lot of money because they're totally
on board with everything that has been presented, then that might be a good reason for the defendant to agree to a settlement with the plaintiff for less money than the potential exposure if the jury comes back and finds
willful infringement.
If someone plays music without permission, they are infringing
on the copyright, and copyright law allows the owner to recover damages ranging from $ 750 per violation, to $ 150,000 if a court decides the
infringement was
willful.
[2] It should also be noted that the Federal Circuit has ruled similarly
on the issue of enhanced damages for
willful infringement — that a reasonable belief that a patent is invalid prevents the satisfaction of the first, objective recklessness prong under Seagate (497 F. 3d 1360 (Fed.
In finding no
willful infringement, Judge Koh overruled the jury's decision
on the issue.
There were only six awards granted between January 1, 2010, and December 31, 2012
on contested, patent - specific judgments in the same period, where the judgment was predicated
on litigation misconduct or frivolous, bad faith litigation and not
on default,
willful infringement, or inequitable conduct before the U.S. Patent and Trademark Office.
The jury also found that Apple proved by clear and convincing evidence that Samsung
infringement was
willful as to all the utility patents at issue, in addition to the design patents
on the iPhone.