This has nothing to do with memory fading. Guilt or innocence was decided a long time ago. Samsung lost. This isn't about copying or stealing or any of the other seriously, seriously dumb stuff in this thread. This is about calculating damages. Do design patents deserve damage calculated based on full device profits? The answer is, imo, definitely no. It would be disastrous for the tech industry... Apple included. I have said, and continue to maintain, that Apple doesn't want to win this phase of the case. It hurts them and the industry far more than a $400 million damage award helps them.Can't believe this is still going on ... Samsung released a phone that looked like the iPhone after the iPhone was released. Phones prior to the iPhone looked nothing like it in the marketplace.
Now as memory fades, the judgements become less and less in favor for the one that changed the marketplace. So ridiculous.
Example: Apple steals, borrows, copies, is inspired by... whatever you want to call it, the Swiss Railway Clock design. That dispute was settled, but imagine if it wasn't. Should the Swiss Railway have sued, it's highly likely they would have won. Should the damages from that hypothetical case be calculated on the full device profits of the iPhone?