Forbes.com - "Apple, Samsung Debate Royalties As Judge In Patent Dispute Pushes Settlement, Urges 'Horse Trading' (Live Blog)"

As Forbes' Connie Gugielmo live-blogged the Apple/Samsung trial, Alexander Poltorak was one of the IP experts she consulted for a blog post - and was also the only expert quoted in the piece who didn't also testify at the trial. ("Apple, Samsung Debate Royalties As Judge In Patent Dispute Pushes Settlement, Urges 'Horse Trading'" Forbes.com Live Blog - August 16, 2012)

Article excerpt: Alexander Poltorak, CEO of General Patent Corp., a patent enforcement and licensing firm, said that only three to four percent of patent disputes make it to trial, which makes this case unusual. "Apple has a much better case on infringement. It’s pretty obvious to all that Samsung copied Apple’s design. So Apple is likely to win on infringement,” Poltorak said. “On the other hand, Samsung has some strong invalidity arguments. Apple may lose on invalidity. However, in 70% of cases, juries decide in favor of the same party on all issues. I’d think the sympathy of the jury in this case is with Apple.”

He believes it’s unlikely the two sides will reach a settlement before a verdict. “On the one hand, it is imperative to settle the case – leaving it in the hands of a lay jury is like playing expensive Russian Roulette,” Poltorak said. "On the other, with billion dollars at stake, it is hard to find a compromise to make both parties happy. At the end of the day, I think it is more likely than not they will let the jury decide this case.”

Read full article on Forbes.com