New in OS X: Get MacRumors Push Notifications on your Mac

Resubscribe Now Close

Apple Asks for $379 Million in Damages Retrial Against Samsung

Apple and Samsung entered a new damages retrial this week, to determine the amount of money that Samsung must pay for copying key iPhone features and design elements.

During opening statements, Apple asked for $379 million in damages, while Samsung suggested it should only pay $52 million. "Apple is simply asking for much more money than it's entitled to," said Samsung attorney William Price (via CNET).

apple_samsung_logos
According to Apple attorney Harold McElhinny, Apple's figure is based on lost profits of $114 million, Samsung's profits of $231 million, and royalties of $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.
Last year, Samsung was ordered to pay Apple a total of $1.05 billion after a jury found the South Korean company guilty of willfully violating multiple Apple patents. Back in March, Judge Lucy Koh struck $450 million from the $1 billion awarded to Samsung after deciding the jury may have miscalculated the damages due to a misunderstanding of patent issues.

The retrial, which is ongoing, may see Apple call witnesses like marketing chief Phil Schiller and former senior vice president of iOS software Scott Forstall, who was ousted from the company in late 2012. It appears the retrial may ultimately benefit Samsung, as Apple's $379 million request is significantly lower than the nullified $450 million award, though Samsung is also responsible for the $600 million that was not struck from the first jury decision.

Top Rated Comments

(View all)

13 months ago
Actually, $0.5 billion, $1 billion or even $3 billion… I think Samsung has made profits far in excess of these sums by being the most effective copycat of Apple.
Rating: 18 Votes
13 months ago

Check out this video (http://www.youtube.com/watch?v=wFeC25BM9E00) and you'll Apple hasn't done much inventing. Remixing sure, but inventing nope. Sorry, rounded corners don't count.


All it takes is willful ignorance and an arbitrary definition of invention in order to believe this claim. :rolleyes:
Rating: 9 Votes
13 months ago
Can't we sue because we are tired of all these lawsuits? It's causing me headaches and pain. I'm also emotionally damaged that a company I admire is going through such legal actions.
Rating: 8 Votes
13 months ago
Samsung is the biggest copycat in the history of technology. Their market share is made up of cheap low end phones. Not a fan at all. Not because I own apple products but because they have no vision and nothing of interest to me other than TV's. Ok bye.
Rating: 8 Votes
13 months ago

Theres nothing in tech4all's argument or Kirby Ferguson's presentation that leads to willful ignorance.


Leads to? The argument that Apple has not invented much is based on willful ignorance - ignoring the things that they did invent and creating arbitrary categories and definitions to dismiss the things that they do discuss.

For instance, in Kirby's multitouch example, he dismisses Apple's invention of a Multi-Touch implementation based on the fact that multi-touch, in general, already existed.
Rating: 7 Votes
13 months ago
Ladies, Ladies ....you are both beautiful. Enough already.....
Rating: 6 Votes
13 months ago


Simply put, Samsung is only winning the market share race in areas where cheap low-end phones are popular.


So, Samsung are only winning market share by creating products that people want to buy at a price people are prepared to pay.

It's almost like they have a range of products to cater to the needs of different consumers.

Giving people what they want? Samsung must be the worst company ever!
Rating: 6 Votes
13 months ago

Can't we sue because we are tired of all these lawsuits? It's causing me headaches and pain. I'm also emotionally damaged that a company I admire is going through such legal actions.


This isn't a new lawsuit. This one's been going on for a while. This is just an update. And, shouldn't a "company you admire" do everything it can to protect its intellectual property? Since that's ultimately what separates that "company you'd admire" from one you might not?

----------

To do what...make infringement legal?


I'm sure Samsung would like that. Although I think they may believe that patent infringement is already legal...

----------

So much for 1 billion lol


I know! $979 million isn't anywhere close to $1 billion!!
Rating: 6 Votes
13 months ago

Unfortunately both the person you quoted and the guy in the video are correct about Apple not inventing much.

This was even discussed at TED by Kirby Ferguson:

http://www.youtube.com/watch?v=zd-dqUuvLk4


Like I said, willful ignorance and an arbitrary definition of invention.
Rating: 6 Votes
13 months ago

I didn't mean to imply it was a negotiation. I'm aware that it's the jury that decides. It's pretty standard for the plaintiff and defendant to go in on complete opposite sides of the spectrum and it's not uncommon for the jury to set the damages somewhere more in the middle.


You are assuming that Apple is asking for more than they deserve. That would be totally dishonest. On the other hand, it seems that Samsung is offering much less than they should. That would be totally dishonest.

Now which of the companies would you think is totally dishonest? There is one whose CEO is convicted of tax evasion, that has been fined again and again for price fixing, that has been shown to cheat on benchmarks, has been fined for paying people for fake bad reviews of competitors, has been found to have illegally received confidental Apple documents from their lawyers, and has been threatened with a 13 billion Euro fine in the EU for patent abuse.
Rating: 5 Votes

[ Read All Comments ]