Apple vs. Samsung: Infringing by design

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[Commentary] After finding Samsung liable for more than $1 billion in damages for infringing Apple's iPhone and iPad patents, members of a federal jury told reporters that they hoped to deter companies from copying one another instead of developing their own designs and features. That's a laudable goal, and the public would surely benefit from more choice and differentiation among products. The challenge is in distinguishing between the sorts of innovations that should receive patent protection and the ones that shouldn't. But it is worth remembering that Apple made its name building successful, even iconic products based on ideas that other companies pioneered. Innovation is by its nature an iterative process, and good patent policy creates an incentive to innovate more. Bad policy just makes it easier for patent holders to extract royalties from anyone venturing within reach of their claims.


Apple vs. Samsung: Infringing by design