By Brian J. Love
Late last week, a San Jose jury awarded Apple Inc. $1.05 billion in damages for patent infringement, a huge win for Apple in its worldwide patent fight with smartphone manufacturers that, like Samsung, sell devices equipped with Google’s Android operating system.
The award, the third largest in the history of U.S. patent litigation, will likely cruise into first place next month when U.S. District Court Judge Lucy Koh decides what additional amount Apple should receive from Samsung based on the jury’s finding that much of the infringement was “willful.”
But even without that enhancement, which could add another $2 billion to Samsung’s tab, the jury’s $1 billion-plus verdict breaks down to just under $48 for each of the roughly 22 million infringing phones sold by Samsung. To the jury, 50 bucks per phone must have sounded like a reasonable figure, and it may well to you too.
But it’s not — it’s way too high — and here’s why: The average smartphone may arguably infringe as many as 250,000 patents, not to mention myriad copyrights and other design-related intellectual property. (Companies don’t sift through every patent coming out of Washington before engineering and releasing a product; they create devices and battle claims as necessary.)
If you were to divide the average retail price of a smartphone — about $400 — by those 250,000 potentially applicable patents, you’d find that each one would account for just $0.0016 of the phone’s value. And, in reality, even that’s too much, once you factor in the costs of raw materials, labor, transportation and marketing, which also contribute to a phone’s value.
Yet for infringing just a handful of Apple’s patents, Samsung faces a minimum payment of $48 per phone, a shocking 30,000 times the average per patent value. Put another way, if the owners of all the 250,000 inventions that might be present in Samsung smartphones were awarded damages at the same level as Apple, Samsung would have to charge a ludicrous $2 million per phone just to break even.
But wait, you say, the San Jose jury no doubt included some level of punishment in its award, in order to “send a message.” But, by law, patent damages are meant to compensate not punish, as the jury was expressly instructed.
Or maybe Apple’s patents are worth far more than average intellectual property and are therefore deserving of a higher rate? Perhaps so. But thousands of times more valuable?
For that matter, why shouldn’t we also entertain the possibility that Apple’s patents are actually worth less than the average? It may sound blasphemous to question the value of intellectual property owned by the world’s most valuable company, but consider this: When purchasing a phone are you willing to pay more for rounded corners and stylish icons or for the device’s ability to transmit data to a cell tower? In the smartphone wars, Apple is primarily enforcing patents on the former, Samsung and Motorola on the latter.
Surprisingly, Apple is well aware of arguments about the real worth of each patent per phone: “In a world where a device can be made up of thousands of patented components, patent infringement damages should be proportionate to the value of the component in question rather than the entire product.” That’s a 2008 quote from the Coalition for Patent Fairness, an advocacy group formed by Apple and other tech companies frequently sued for patent infringement.
Indeed, Apple makes this same point in some form or fashion dozens of times a year when playing defense against patent suits filed by other, much smaller patent owners. Over the last five years, no company has been sued more times for infringement than Apple. When the shoe was on the other foot, however, it was content to check its patent law principles at the courtroom door: It actually asked for far more than it received, about $2.5 billion total in “compensatory” damages.
So, Apple, congratulations on your large award. Next time you’re accused of patent infringement by a start-up, an individual inventor or a dreaded “patent troll,” I’m sure you’ll be flattered when the patent owner uses your own damages calculations against you. Actually, on second thought, here’s betting you won’t like it much at all.
— Brian J. Love is an assistant professor of law at Santa Clara University School of Law, where he teaches courses in patent law and remedies. He wrote this for the Los Angeles Times.
© Copyright (c) The Victoria Times Colonist
Read more: http://www.timescolonist.com/sports/Commentary+Armstrong+just+cheating+system/7175926/story.html#ixzz25BWcEt68
lg samsung design korea dominance supremacy coway patent innovation
http://www.smartplanet.com/blog/design-architecture/koreas-design-dominance-reflected-in-list-of-idea-award-winners/7371
NHAI is quite firm on the Ashkenazi IQ advantage:
Ashkenazi Jews have the highest average IQ of any ethnic group for which there are
reliable data. They score 0.75 to 1.0 standard deviations above the general European
average, corresponding to an IQ of 112-115... although a recent review concludes that the
advantage is slightly less-only half a standard deviation (Cochran et al. 2006, 3)
The "recent review" they mention conveys a very different impression from that forceful
assertion (Lynn 2004).
It has often been asserted that Jews have a higher average level of intelligence than non-
Jewish whites of European origin... Despite these assertions, the purported high IQ of the
Jews has never been systematically reviewed... Despite the widespread consensus on the
high Jewish verbal ability, not all studies have shown that Jews have a higher verbal IQ
than gentiles. Furthermore, virtually all the existing studies are unsatisfactory because the
samples have been unrepresentative, very small or for other reasons (pgs. 201-202)...
There is only one study of the intelligence of American Jews in the last century which
appears to be representative and had a reasonable sample size. This is Backman's (1972)
analysis... The mean IQs of the Jew in relation to gentile white means of 100 and standard
deviations of 15 were as follows: verbal knowledge (described as "a general factor, but
primarily a measure of general information".. .)--107.8, English language 99.5;
mathematics-109.7; visual reasoning ("a measure of reasoning with visual forms")-91.3;
perceptual speed and accuracy-102.2; memory (short term recall of verbal symbols)-95.1
(pg. 203).
Lynn compares this result with an analysis of vocabulary scores using national survey data broken
down by categories including Jewish and non-Jewish white. This he translates into a verbal
ability score (not full-scale IQ) of 107.5 for American Jews, compared to 100.0 for gentiles (pg.
204).
Other estimates come in higher or lower. MacDonald (1994, 190)~whose three volume
series is dedicated to demonstrating a Jewish evolutionary strategy of promoting their own
reproductive success at the expense of gentiles-comes in at the top, with a general IQ around 117
and a verbal IQ around 125. Hughes (1928, 90), cited in NHAI, made a large study of London
school children under the supervision of Cyril Burt. He found Jews scoring about 10 points
higher than gentiles, regardless of economic well-being. But Hughes also refers to previous
studies of Jewish immigrants to the U.S.: "four of them find that Jews are not more intelligent
than the non-Jewish American population, and four of them find that they are." Patai and Wing
(1975, 146-149) review studies, most of which give Jews higher IQ, but a few of which do not.
That same year, Dershowitz and Frankel (1975, 127) compiled other findings. The average verbal
IQ (WISC) from two studies of American Jews was 8.4 point higher than Italian-Americans, 7.5
points higher than Irish-Americans, and 3.1 points lower than WASP-Americans. For
performance IQ, Jews came out lower all around, 2.7, 2.6, and 9.2 points below, respectively. For
full scale IQ, Jews beat Italians and Irish both by 3.2 points, and lost to WASPs by 6.8 points.
Another study by the authors of 185 Israeli Jewish children found a much lower score than for the
Americans, with an average IQ of 96.13. Taking all the information together, it is fair to say that
most, though not all, studies give Ashkenazi descendants a higher IQ than non-Jewish whites.
How much? Take your pick
Reply With Quote
creativity 4chon myth asian
Given the fact that there is an infinite number of theories possible for any given set of scientific observation and that we don't take the most creative theory, but the simplest, it is absurd to suggest Asians lack creativity. Any idiots can come up with a large number of theories. This belief verges on rational heresy. Indeed, it shows a lack of intellectual refinement and lack of creativity itself ironically. It is worth mentioning that Asian students perform well when tasked to elaborate a theory on high-level international competitions in science.
====================================
elaborating a theory is more akin to solving a problem than making art, thus intelligence is more important than creativity in science. It is more important to understand science and to master it than to do art with it. You don't do art, since creativity isn't a quality that makes a theory good.
proof asian women can have pink nipples
http://s11.postimage.org/w1we96unn/proof_asian_women_can_have_pink_nipples.jpg
http://s7.postimage.org/hye819wqj/proof_asian_women_can_have_pink_nipples.jpg
bank failure financial crisis
As a theoretical matter, failure by a bank means that it
cannot extend credit, but this means a profit opportunity exists for
someone else. As an empirical matter, it is difficult to establish
whether panics cause credit freezes or underlying adverse shocks
to the economy cause both reduced lending and panics.
jews chinese students
http://en.wikipedia.org/wiki/British_jews#Education
http://en.wikipedia.org/wiki/Chinese_British#Education
where does the myth that jews are smarter come from?
SAMSUNG JD POWER BEST PRODUCT APPLIANCES
Two recent studies by J.D. Power and Associates indicate that the manufacturers of kitchen and laundry appliances that ranked highest in 2011 continue to rank highest in customer satisfaction again this year. According to the J.D. Power and Associates 2012 Laundry Appliance Satisfaction StudySM and the J.D. Power and Associates 2012 Kitchen Appliance Satisfaction Study,SM Samsung is the highest-ranked brand in overall customer satisfaction with clothes washers, dryers, and refrigerators. Bosch achieves the highest score for dishwashers, and Kenmore Elite ranks highest for ranges, cooktops, and ovens. All of these manufacturers are repeat award recipients from 2011. Notably, Samsung clothes dryers have ranked highest for 4 consecutive years, and its washing machines for 5 years.
adam smith china more advanced
Even Adam Smith said China was richer and more advanced than Europe in WEALTH OF NATIONS in 1776.
hehhehheh
i tried to put my little 2 inch cock inside a hot apple pie,
but i realized that it was too short to make love to it while standing next to the table, so i smashed it in my clean unstained-by-dirty-female-fluid bottom area,
but it fucking burned my banana. i hate myself because my lowly female coworkers don't want to violate my pure and innocent fat body. I wish they go to hell, as their
unworthy nature should prompt them to rush towards my female tities and lick them like one of those crazed japanese men i watch in japanese AV. I will never forgive them
for not making me miserable of having this wonderful body of mine, masculine yet feminine (because of my man boobs). These dirt-slime should be left to die in the middle
of a desert. Hehehwouaaa wouaaa wu wu wouaaaaaaaaaa!
http://s16.postimage.org/fzephh0yd/image.png
http://s9.postimage.org/4bg5eihdr/image.png
K DRAMA choson korea history drama comparison leonardo louis 14 france
http://s12.postimage.org/7ny41sai5/adffs_GG.jpg
http://s17.postimage.org/qzcq7ul3z/adffs.jpg
http://s8.postimage.org/gqfqtrfid/adff.jpg
http://s13.postimage.org/qxfthtnif/aad.jpg
http://s12.postimage.org/mrovjmm99/adgse.jpg
http://s18.postimage.org/vrvryuhhl/adge.jpg
http://s14.postimage.org/6xd8ui9e9/potato.jpg
http://s7.postimage.org/9xn2a5wmj/ggghh.jpg
http://s15.postimage.org/gwx12jvi3/New_Bitmap_Image_3.jpg
http://s15.postimage.org/3rm4a6r0b/AAA.jpg
http://s16.postimage.org/utba1tdl1/AFFAA.jpg
http://s13.postimage.org/ap4osy7rb/Ad_FFAA.jpg
http://s8.postimage.org/6q3w489n9/dddad.jpg
http://s18.postimage.org/d3bui3d2h/1340762134743.jpg
LOUIS 14
http://www.youtube.com/watch?v=sjBMCcP0a4o
VS CHOSON KING
http://s17.postimage.org/qzcq7ul3z/adffs.jpg
lul
http://s13.postimage.org/ap4osy7rb/Ad_FFAA.jpg
Mencius: we must live in harmony with the nature, people and neighbors. this is our duty as human beings.
Nietzsche: muh dick, we must fulfill our animalistic desires muh zarathrusta, POWER OVERWHELMING!
japanese vs american civilized
japanese
http://www.youtube.com/watch?v=VLyxyzpL2ls&feature=related
http://www.youtube.com/watch?v=PjeTTQKRfWU
americans
http://www.youtube.com/watch?v=3RVHDlPqZWE
lg prada
LG has a tablet way before the iPad. The name is even similar too.
http://www.linuxfordevices.com/c/a/News/LG-demonstrates-wireless-Linux-Web-pad-at-CeBIT/
http://en.wikipedia.org/wiki/LG_PRADA
http://www.youtube.com/watch?v=i7Q7FUrc_Qw&t=8m56s
http://www.youtube.com/watch?v=Zf347ZZxeHw
sky's gf WCG WORLD CYBER GAMES
http://www.youtube.com/watch?feature=player_embedded&v=3oLjCQq2_kE#!&t=20m46s
http://www.youtube.com/watch?feature=player_embedded&v=3oLjCQq2_kE#!
http://www.bossfight.tv/2012/02/wcg-2012-game-selection-voting-has-opened/
http://en.wikipedia.org/wiki/WCG_2011
blogger
http://books.google.ca/books?id=525HX623L_cC&pg=PA7&lpg=PA7&dq=CHINA+FAR+OUTDISTANCED+GREECE&source=bl&ots=RBs1Jmu6iK&sig=Jx8_jajsiSmyujAzHD-JlaBniIc&hl=en&sa=X&ei=7b0aUMXFMMOS0QGqi4HADA&ved=0CE0Q6AEwAA#v=onepage&q=CHINA%20FAR%20OUTDISTANCED%20GREECE&f=false
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