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).

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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

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91 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.
Score: 18 Votes (Like | Disagree)
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91 months ago

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:
Score: 9 Votes (Like | Disagree)
Avatar
91 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.
Score: 8 Votes (Like | Disagree)
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91 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.
Score: 8 Votes (Like | Disagree)
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91 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.
Score: 7 Votes (Like | Disagree)
Avatar
91 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!
Score: 6 Votes (Like | Disagree)

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