It can sometimes be tricky keeping up with the seemingly never-ending onslaught of legal filings and court complexities in Apple’s ongoing suit with Samsung.
As it stands now, Apple and Samsung are currently engaged in a re-trial on damages stemming from their first trial. To help keep things simple, here’s a basic recap of events to be aware of before we get into the latest news from Apple and Samsung’s current trial.
In August of 2012, a jury found that a wide range of Samsung smartphones infringed upon Apple’s intellectual property. Consequently, the jury awarded Apple US$1.05 billion in damages.
Not too long after, Judge Lucy Koh vacated $450 million of that award amount after finding that the jury, in reaching the $1.05 billion figure, had made some miscalculations. Note that $600 million (the balance of the award amount) is not in dispute and is still owed to Apple by Samsung.
So this current damages trial is simply trying to figure out what percentage of the vacated $450 million Samsung will have to pay Apple on top of the $600 million it already owes.
With that context out of the way, here’s the latest from Judge Lucy Koh’s courtroom.
Apple yesterday argued that it’s entitled to $380 million in damages while Samsung argued that Apple, at best, is entitled to $52 million.
CNET relays how Apple came up with its $380 million figure.
[Apple attorney Harold] McElhinny arrived at the $380 million amount based on lost profits of about $114 million, Samsung’s profits of about $231 million, and reasonable royalties of approximately $35 million. Apple estimates it would have sold 360,000 devices if Samsung hadn’t released infringing rivals. He noted that Samsung sold 10.7 million infringing devices, generating $3.5 billion in revenue.
“In a fair fight, that money should have gone to Apple,” McElhinny said.
The current trial is scheduled to run through next Tuesday.
Apple seeks $380 million in damages re-trial; Samsung offers up $52 million originally appeared on TUAW – The Unofficial Apple Weblog on Thu, 14 Nov 2013 13:11:00 EST. Please see our terms for use of feeds.