Note that the redress for lost sale is yet to be determined. Samsung may get some or all of the 2.6M bond Apple posted at the start of the injunction, although how much isn't clear.
It's kind of weird to me that Apple was able to claim irreparable harm would occur if the Tab was sold, and then when it IS banned incorrectly they only have to compensate such a small amount that clearly was not 'irreparable'.
ie. if they claimed irreparable harm would occur from the sale of the device, then compensation in samsung's direction should naturally cause them that same 'irreparable' harm that they said was going to occur.
Not necessarily, I think.. tell me if this logic holds up.
In a hypothetical situation where I clone the iPhone and manage to bring it to market for $1, if I am allowed to do it and it sells X times then it could mean X(big price) losses to iPhone, whereas if I am blocked from selling it then I am only losing X($1) from those lost sales.
IANAL, but my understanding is the bond is posted against the losses the injunction could cause as a means to ensure payment, but the plaintiff - Apple - is actually on the hook for the real losses in the end (whether more or less). As such, if the bond is insufficient they would have to cough up the rest as well.
ie. if they claimed irreparable harm would occur from the sale of the device, then compensation in samsung's direction should naturally cause them that same 'irreparable' harm that they said was going to occur.