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).
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.
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.
Check out this video (//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:
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.
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.
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.
Friday February 3, 2023 1:13 pm PST by Joe Rossignol
Apple released iOS 16.3 in late January following nearly six weeks of beta testing. The software update is available for the iPhone 8 and newer, and while it is a relatively minor update, it still includes a handful of new features, changes, and bug fixes.
Below, we've recapped new features in iOS 16.3, including support for physical security keys as a two-factor authentication option for...
Thursday February 2, 2023 7:57 am PST by Joe Rossignol
Apple's VP of hardware engineering Matthew Costello and product marketing employee Alice Chan recently spoke with Men's Journal and TechCrunch about the new second-generation HomePod in wide-ranging interviews about the smart speaker.
Apple discontinued the original full-size HomePod in March 2021 after multiple reports indicated that sales of the speaker were lackluster, but Chan told Men's ...
Apple's next device with an Apple silicon chip may not be a Mac or an iPad, but rather an advanced external display, according to recent reports.
The display, which is rumored to arrive this year, is expected to sit somewhere between the $1,599 Studio Display and the $4,999 Pro Display XDR – but more exact information about the device's positioning and price point is as yet unknown. While ...
Thursday February 2, 2023 6:41 am PST by Joe Rossignol
Apple appears to be preparing an iOS 16.3.1 update for the iPhone, based on evidence of the software in our website's analytics logs this week. It's unclear when the update will be released, but it will likely be available at some point in February.
The same logs have accurately foreshadowed the release of several previous updates, including iOS 16.0.3 and iOS 16.1.1 most recently, so they...
Tuesday January 31, 2023 11:58 am PST by Joe Rossignol
Apple has previously announced several upcoming iOS features that are expected to be added to the iPhone this year. Some of the features could be introduced with iOS 16.4, which should enter beta testing soon, while others will arrive later in the year.
Below, we have recapped five new iOS features that are expected to launch in 2023, such as an Apple Pay Later financing option for purchases ...
Thursday February 2, 2023 2:10 pm PST by Juli Clover
The Apple Pay Later service that Apple has in the works is set to launch "soon," Apple CEO Tim Cook told CNBC ahead of today's earnings call for the first fiscal quarter of 2023.
Cook said that Apple employees are beta testing the Apple Pay Later feature, which will help Apple boost services revenue. "It will be launching soon," Cook said.
Apple Pay Later was first previewed at the...
Google's Chromium developers are working on an experimental web browser for iOS that would break Apple's browser engine restrictions, The Register reports.
The experimental browser, which is being actively pursued by developers, uses Google's Blink engine. Yet if Google attempted to release it on the App Store, it would not pass Apple's App Review process.
Apple's App Store rules dictate...
Apple on January 23 released iOS 16.3, delivering support for Security Keys for Apple IDs, changes to Emergency SOS functionality, support for the second-generation HomePod, and more.
Top Rated Comments
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.
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!