‘The right to exclude competitors from using one’s property rights is important’, wrote Judge Kimberly Moore, adding that, ‘the right to maintain exclusivity — a hallmark and crucial guarantee of patent rights deriving from the constitution itself — is likewise important.’ Judge Sharon Prost disagreed, saying that, ‘Apple failed to offer any defensible evidence on consumers’ willingness to pay even a nominal premium for the patented features over non-infringing alternatives.’ That dissent may give hope to Samsung that it can win an appeal in a higher court. If it does not, it may have to tweak the software even in recent devices by the end of the year. Source: Financial Times
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