Professor Mark McKenna quoted by AP

Mark McKenna was quoted in the Associated Press article by PAUL ELIAS Apple, Samsung resume court battle over smartphone patents as trial opens in Silicon Valley

“Most cases with these enormous stakes would have settled by now — particularly once the court ordered a new trial on damages, which could substantially increase or decrease the damage award,” said Notre Dame law school professor Mark McKenna, who specializes in technology.

But McKenna said a key incentive for both companies to reach a settlement was removed by U.S. District Judge Lucy Koh when she refused to ban U.S. sales of the Samsung products the first jury found infringed Apple’s patents.

No matter the outcome, McKenna and other experts expect the loser to appeal.