Tuesday, October 11, 2016

You Cannot Really Calculate The Loss of Consumer Trust in Money

A Bad Week for Samsung [The New York Times] "Samsung Electronics is killing its troubled Galaxy Note 7 [wiki] smartphone, a humbling about-face for the South Korean giant and its global brand. In an unprecedented move, the company will no longer produce or market the smartphones. The demise of the Galaxy Note 7 is a major setback for Samsung, the world's largest maker of smartphones. The premium device — with a 5.7-inch screen, curved contours and comparatively high price — won praise from consumers and reviewers, and was the company's most ambitious effort yet to take on Apple for the high-end market."
You Cannot Really Calculate The Loss of Consumer Trust in Money
Do You Have a Samsung Galaxy Note 7? Here's What to Do [The New York Times]
"If you have a Galaxy Note 7 (either the original or replacement version), Samsung advises that you power down the device immediately. You should also contact the wireless carrier or retail store where you bought it for details about getting a full refund, or exchanging it for a Galaxy S7 or Galaxy S7 Edge model. Those who bought a Galaxy Note 7 from Samsung's website (or who want more information about the recall) should call the company at 1-844-365-6197 or visit http://www.samsung.com/us/note7recall."
Man's Replacement Galaxy Note 7 Catches Fire, Samsung Accidentally Texts 'I Can Try and Slow Him Down' 
Klering says he contacted Samsung after the incident, and the company asked to take possession of his Note 7. Klering said he refused, although he did allow the company to pay to have the device X-rayed. (It's unclear why the company wanted the Note 7 X-rayed.) This is where the story gets crazy. Klering claims that he received a text from a Samsung representative, indicating their knowledge of his situation. The text was apparently not meant for him and sent by accident:
"Just now got this. I can try and slow him down if we think it will matter, or we just let him do what he keeps threatening to do and see if he does it."
Conundrum for Justices: Does a Design Patent Cover a Whole Smartphone? [The New York Times]
"The Supreme Court on Tuesday seemed inclined to let Samsung have a fresh shot at arguing that it does not have to give up all of its profits for copying a part of the distinctive look of Apple's iPhone. "It seems to me that the design is applied to the exterior case of the phone," said Chief Justice John G. Roberts Jr. "It's not applied to all the chips and wires." It followed, he said, that "there shouldn't be profits awarded based on the entire price of the phone." Several justices seemed to agree that the damages Samsung must pay may well be less than its total profits of about $400 million on several phones. They said the right award might be limited to profits attributable to the protected features, including the iPhone's rounded corners and grid of icons."
Supreme Court Suspicious of Samsung's Defense of Copying iPhone Design [The Guardian]
"The ensuing discussion ranged from the original 19th-century statute used to determine the design of stoves and furnaces, to comparisons with other design icons where form was seen as just as valuable as function, such as the Volkswagen Beetle. Justice Stephen Breyer described the issue of separating out the value of design from overall profitability as a matter "of great importance across industries" and warned that Samsung's approach could lead to "absurd results". It was an hour of arcane discussion in court. The justices acknowledged the case was often confusing and could yet go either way, but the questioning of Samsung was noticeably more hostile than that of Apple. [...] Even Samsung does not dispute the principle, but argues that it should be down to the plaintiff to prove damages. "It should be open to the patent holder to prove that the bulk of the profits come from the exterior," said Sullivan."
Apple Inc. v. Samsung Electronics Co. [Wikipedia]
History of United States patent law [Wikipedia]


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