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Apple: Samsung, you owe us $2.5B in damages
Battling
Samsung in the U.S. over patent issues, Apple reckons that the amount of damages it's
should come in at a cool $2.5 billion.
Apple is looking
Samsung to fork over $2.5 billion to
patent infringement claims in the U.S.
That's the
figure bandied about by Apple in the ongoing patent infringement saga
the two companies. But how did Apple cook up
a figure?
Fleshed
by Foss Patents' Florian Mueller, the amount is based
the per-unit royalties that Apple believes it is due
Samsung as part of the intellectual property rights lawsuit.
Drilling down the price tag
unit, $2.02 covers the "overscroll bounce" technology cited
the '318 patent. That technology lets users know
they've reached the bottom of a screen or list by responding
a bounce.
Another $3.10 covers the "scrolling API" technology
the '915 patent. Another $2.02 is for the "tap to zoom and navigate" feature from the '163 patent. And finally, $24 covers the use of
of Apple's "design patents or or trade dress rights."
Overall, that means the damages cover
design and technology, but the bulk of the $2.5 billion is
about design.
Mueller provided further insight
Apple's calculations and thought process by sharing
public redacted version of the initial trial brief below:.
'Samsung adopted
its number one goal to [redacted] in the smartphone and tablet markets, and it chose
compete by copying Apple. Samsung's infringing sales
enabled Samsung to overtake Apple as the largest manufacturer
smartphones in the world. Samsung has reaped billions of dollars
profits and caused Apple to lose hundreds of millions of dollars through
violation of Apple's intellectual property. Apple conservatively estimates
as of March 31, 2012, Samsung has been unjustly enriched
about [redacted; presumably $2 billion] and has additionally cost Apple about $500 million
lost profits. Apple also conservatively estimates that it is entitled
over $25 million in reasonable royalty damages
the proportionately small set of remaining sales
which it cannot obtain an award of Samsung's profits or Apple's own lost profits,
a combined total of $2.525 billion.'
The battle
the two began when Apple filed a lawsuit against Samsung in California, alleging
the company had copied the "look and feel" of the iPad and iPhone for its
Galaxy devices. Samsung soon took the fight overseas by filing countersuits
various countries.
Each company has scored its own victories
the overall war. Apple was recently ordered by a U.K. court
run ads saying that Samsung didn't copy the iPad. But Samsung continues to suffer
bans on certain products. A German court has ruled that
existing sales ban on the Samsung Galaxy Tab 7.7 should be extended
the entire European Union.
Despite efforts by U.S. District Judge Lucy Koh
convince the combatants to settle
of court, a truce seems unlikely at this
. A trial is scheduled to kick off on July 30 in federal court in San Jose, Calif.
CNET contacted both Apple and Samsung
comment and will update the story if we get
information.
Adapted from: CNET, July 24, 2012.
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