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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
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),
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-
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),
3. Miyoung Kim, Samsung Shares Drop $12 Billion after Apple's Court
Victory,        REUTERS         (Aug.         27,         2012),
4. See, e.g., Philip Elmer-DeWitt, Apple v. Samsung: The Patent Trial of
the   Century   Starts   Today,   FORTUNE   (July    30,   2012),

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