Apple v. Samsung: What Are Patents Good For?

Late Friday afternoon, Apple won a dramatic $1 billion-plus patent verdict against Samsung. The verdict has been described, by Samsung to be sure but also by many commentators, as anti-consumer, meaning presumably that prices will be higher and consumers will have access to fewer innovative products. That of course is a particularly after-the-fact perspective and one that ignores the basic design of the patent system. Pick your favorite “good” patent—meaning one that in your heart of hearts you think is entitled to be enforced against infringers (and if you don’t have such a patent, then that is a very different discussion and you can probably stop reading)—at the point that our good patent is enforced, we are blocking consumers from a product that some firm would like to produce and that consumers are eager to buy.