> Why are you bringing up such a hypothetical, when clearly Apple isn't anywhere near starvation at all from the impact of the Nexus?
The analogy was intended to demonstrate that when you purloin (or commandeer) someone else's property, it's sometimes impossible to restore their previous hypothetical future, no matter how much money you throw at them.
Apple may not starve, but they may very well be irreparably harmed.
> If there is real infringement, why not offer Samsung the option of licensing the patent at a court-determined price?
See my grain commandeering analogy for why. Apple doesn't want to license these patents to Samsung, because Apple clearly thinks the temporary government-granted monopoly is worth far more than any reasonable licensing fee.
> And shouldn't economic/market-health considerations be taken into play?
> it's sometimes impossible to restore their previous hypothetical future, no matter how much money you throw at them.
And my point is, why should it be necessary under the law to restore their hypothetical future?
The law doesn't presume to restitute the full losses of people whose property is destroyed by others' acts. I don't have the impression the law generally aims to completely undo big violations of others' rights or contractual terms, only to punish or provide partial restitution after the fact; otherwise we'd be seeing big reversals and small startup Davids suddenly overpowering Goliaths who had unfairly crushed them out of existence.
Not that this even applies in this case; Apple is no small scrappy David, and it's relying on imo broken patents.
> Apple doesn't want to license these patents to Samsung, because Apple clearly thinks the temporary government-granted monopoly is worth far more than any reasonable licensing fee.
I meant that the court should compel Apple to offer the licensing option, not that it would benefit Apple to do this. Ideally, though, the court should simply overturn the patents (which I hope is done in the subsequent hearings). Patents on metasearch, linkification and slide-to-unlock simply threaten the rest of the industry.
The analogy was intended to demonstrate that when you purloin (or commandeer) someone else's property, it's sometimes impossible to restore their previous hypothetical future, no matter how much money you throw at them.
Apple may not starve, but they may very well be irreparably harmed.
> If there is real infringement, why not offer Samsung the option of licensing the patent at a court-determined price?
See my grain commandeering analogy for why. Apple doesn't want to license these patents to Samsung, because Apple clearly thinks the temporary government-granted monopoly is worth far more than any reasonable licensing fee.
> And shouldn't economic/market-health considerations be taken into play?
The market seems quite healthy, currently.