Apple's Argument Regarding Irreparable Harm from Infingement of D'667 - Part II

In addition to loss of consumer goodwill, Apple argued that Samsung’s infringement also harmed their market share, causing both actual and potential market share loss.  Apple threw in several statistics in an attempt to support this statement. For example, after starting to sell “its iPhone-imitating Galaxy S,” Samsung experienced a 350% increase in the number of smartphones that it sold. These sales caused Samsung’s market share to also increase to 10.8% (when it was previously at 4.3%). These statistics are the only evidentiary proof provided in the motion for the argument that Samsung’s infringement caused Apple to lose some of its smartphone market share.  Again, Apple may have presented more evidence in its declarations and reply, but the evidence in the motion is very bare-boned.
It’s especially problematic that Apple sort of just threw in the conclusion that Samsung’s similar phone designs (infringement) must have been the main contributing factor for Samsung’s volume of sales and increased market share. Nor is there anything in the motion that would support a conclusion that consumers who bought Samsung phones bought them because of their similar design to Apple’s phones (or for that matter, that those same consumers would have purchased the iPhone if it were it not for Samsung’s copycatted design). I believe some of Apple’s experts may have tried to present evidence on this topic, but it must not have been very sufficient either (the court’s rejection of this argument is discussed in a later blog)
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