“Litigation is full of imponderabilities and surprises, especially in the United States, where the ITC increasingly appears to be a very difficult forum for smartphone patent holders and district court cases involve layperson juries as triers of deeply technical issues,” Florian Mueller writes for FOSS Patents.
“But even if litigants can never control their destiny, there are important ways in which smart tactics, combined with the first-mover advantage, can significantly influence the probabilities of different outcomes,” Mueller writes. “And in this respect, Apple made a number of poor choices over the last two years that increasingly produce undesirable effects. In general, it appears that Apple got better. It probably learned from mistakes, and it hired more and better lawyers, both internally and externally.”
Mueller writes, “However, some of what went wrong in the past has effects that are irreversible at least in the near term.”
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