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39 Brook. J. Int'l L. 793 (2014)
Apple vs. Android: Global Software Patentability and the Mobile OS Wars

handle is hein.journals/bjil39 and id is 817 raw text is: APPLE VS. ANDROID: GLOBAL SOFTWARE PATENTABILITY AND THE MOBILE OS WARS INTRODUCTION O n Friday, August 24, 2012, a jury in San Jose, California awarded Apple, Inc. (Apple) a jury verdict exceeding one billion dollars in its patent infringement suit against Sam- sung Electronics Company (Samsung).' The verdict was the third-largest jury award ever seen in U.S. patent litigation.2 The impact of the trial reverberated well beyond the immediate damages award; the Monday following the verdict, Samsung's stock price dropped by 7.5%, representing a loss of approxi- mately twelve billion dollars in market value.3 The technology press closely followed the trial and dubbed it the Patent Trial of the Century.4 The outsize verdict echoed throughout the in- dustry and in the future may encourage timidity in smartphone design choices by Apple's competitors in an industry that has 1. Nick Wingfield, Jury Awards $1 Billion to Apple in Samsung Patent Case, N.Y. TIMES (Aug. 24, 2012), http://www.nytimes.com/2012/08/25/technology/jury-reaches-decision-in- apple-samsung-patent-trial.html. After a retrial on damages ordered by Judge Lucy Koh, Apple's total liability stands at $929.8 million. Gerry Shih, U.S. Jury Awards Apple $290 Million in Retrial Against Samsung, REUTERS (Nov. 21, 2013), http://www.reuters.com/article/2013/11/21/us-apple-samsung- verdict-idUSBRE9AK19V20131121. This verdict is still subject to adjustment by Judge Koh. Florian Mueller, Retrial Jury Awards Apple $290 Million, To- tal Damages in Case Against Samsung: $929 Million, FOSS PATENTS (Nov. 21, 2013), http://www.fosspatents.com/2013/11/retrial-jury-awards-apple-290- million.html. 2. Cromwell Schubarth, Apple's $1B Patent Win Is Third Biggest in U.S., SILICON VALLEY BUS. J. (Aug. 25, 2012, 9:27 AM PDT), http://www.bizjournals.com/sanjose/news/2012/08/25/apples-lb-patent-win-is- third.html. 3. Miyoung Kim, Samsung Shares Drop $12 Billion after Apple's Court Victory, REUTERS (Aug. 27, 2012), http://www.reuters.com/article/2012/08/27/us-samsung-shares- idUSBRE87QO0120120827. 4. See, e.g., Philip Elmer-DeWitt, Apple v. Samsung: The Patent Trial of the Century Starts Today, FORTUNE (July 30, 2012), http://tech.fortune.cnn.com/2012/07/30/apple-v-samsung-the-patent-trial-of- the-century-starts-today.

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