Then the fact that Samsung’s phone so exactly copied Apples design patents, and they continued to do so after Apple informed them of that fact, shows that not only it was copied but the copying was willful. Copying is the $2 billion question and willfulness automatically multiples that times 3. So, it is a bit worth it to show willfulness in the copying.

That being said, the lawyers that Samsung are using as so good that they convinced and judge and jury to allow Google to ‘steal’ Java, change it, and use it as a basis of Android and the defense they used was basically, ‘yea, we took it. So what’ and they got away with it (for now)

So, even though Samsung doesn’t have a leg to stand on, Apple has to be very careful in proving their case to the jury. Samsung’s lawyers are using the same ‘confuse the jury’ techniques they used in the Java case but hopefully it won’t come to the same conclusion.

Thankfully Apple isn’t risking the outcome of a multi-billion dollar and years-long strategy shaping lawsuit on the opinions of a biased blog pundit.