By now everyone has heard that Apple took a $1.05 billion bite out of Samsung Friday. The jury did not just say, we find for Apple for $1.05, but it did not tell us which facts it found or how these facts fit under the law. It filled out a 33 question twenty page form. It answered probing questions such as
7. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has infringed the D’305 Patent?
(Please answer in each cell with a “Y” for “yes” (for Apple), or with an “N” for “no” (for Samsung). Do not provide an answer for any cell that is blacked out.)
10. If you answered “Yes” to any of Questions 1 through 9, and thus found that any Samsung entity has infringed any Apple patent(s), has Apple proven by clear and convincing evidence that the Samsung entity’s infringement was willful?
(Please answer in each cell with a “Y” for “yes” (for Apple), or with an “N” for “no” (for Samsung).)
11. Has Samsung proven by clear and convincing evidence that Apple’s asserted utility and/or design patent claims are invalid?
You can find the jury form used at http://ia600609.us.archive.org/14/items/gov.uscourts.cand.239768/gov.uscourts.cand.239768.1890.0.pdf .
For $31.8 million per question, you might think that Samsung is entitled to more than a simple yes/no. If the judge triples the verdict because the infringement was willful (question 10), its $95.4 million per question. And just how will the Court of Appeals review this verdict?