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Samsung vs Apple

Today’s a big day for the Apple vs. Samsung trial. Initially planned for Sept. 20, today’s hearing will address some pretty big issues for the ongoing patent feud between the two companies. And right now things don’t look too great for Samsung.

That is, according to Christopher Carani, a Chicago-based design patent lawyer who says that Apple is likely to come out on top in most of the major issues.

The big one is this: Will Judge Lucy Koh accept Apple’s request for a sales ban on Samsung’s phones? Carani, like most people, thinks that she will, though he’s not sure how Apple’s recent settlement with HTC will change the equation. Winner: Apple. 

Another key question is whether Judge Koh will make Samsung shell out more cash because the jury found that the company willfully infringed on Apple’s patents. While Apple was awarded $1 billion, Carani doesn’t see the company getting much more than that. Winner: Samsung.

(That said, Carani also says that its very likely that Judge Koh will make Samsung pay out a bit more in-so called post judgement interest. Winner: Apple.)

One of Apple’s big upsets came when the jury rejected its claim that Samsung’s Galaxy Tab infringed on Apple’s design patents. The good news for Apple, however, is that Carani thinks its likely Judge Koh will overturn that finding. Winner: Apple.

And then there are the juror misconduct charges against Velvin Hogan, the jury forman who filed for bankruptcy nearly twenty years ago and was sued by Segate, his former employeer. According to Samsung’s lawyers, Samsung’s strategic relationship with Segate might have altered Hogan’s views on the case — which is why Samsung wants a new trial. Will its lawyers get it? Carani doesn’t think so. Winner: Apple.



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