“I often disagree with financial analysts, and I have disagreed on a couple of past occasions with Mr. Chowdhry. But the following statement is worth highlighting: ‘There is no substitute for innovation — it is a key driver for growth,’ Chowdhry explained, ‘but relying on imitation is a losing strategy as well, and Samsung has been heavily imitating Apple in many respects,'” Müller writes. “So far, Samsung’s success in the marketplace does not suggest that “imitation is a losing strategy”. Samsung’s (high-quality and partly creative) imitation of the iPhone has been and continues to be a huge commercial success. Anyway, “strategy” is about sustainable success, not about what used to work.”
Müller writes, “Only IP enforcement can turn imitation into a losing strategy. Enforcement requires meaningful remedies. The limited damages retrial won’t result in a damages award so devastating to Samsung that it will back down, but Apple has the chance to make at least some progress,” Müller writes. “What’s more important is injunctive relief, and I believe we’re going to see a Federal Circuit decision soon. An appellate hearing went very well for Apple in early August.”
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