MUMBAI: In the ongoing Samsung’s alleged patent infringement case, Apple seeks to recover $2.5 billion in damages faced for more than $30 per device sold by Samsung. The iphone-maker revealed its initial trial brief filed in the court this week.
As noted by Florian Mueller, an intellectual-property analyst who runs the patent blog FOSS Patents, Apple believes Samsung’s alleged infringement has cost the iphone maker $500 million in profits and $25 million in ‘reasonable royalty damages.’
The document also argues that Samsung has been ‘unjustly enriched’ by an undisclosed amount, but that number is presumably $2 billion, which is how Apple arrived at a combined total of $2.525 billion in damages. Apple states that it is entitled to $24 per Samsung device that violates Apple’s design patents or trade dress rights. The filings reveals that Apple is entitled to acquire the royalties of $2.02 per unit for the ‘over scroll bounce’ patent, $3.10 for the ‘scrolling API’ patent, and $2.02 for ‘tap to zoom and navigate.’
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The trial brief also stated that Apple would prefer not to collect these royalty payments from Samsung, but would instead like to have the Korean device maker work around Apple’s patented inventions. The filing reads, “Apple looks forward to a trial that will vindicate its intellectual property rights. Samsung must play by the rules. It must invent its own stuff. Its flagrant and massive infringement must stop.”
Apple’s filing also revealed that the company has offered Samsung a half-cent per standard-essential patent. Intellectual property expert Mueller said in a statement, “The price for Samsung to pay will be a significant per-unit royalty rate, and it will have to accept restrictions in terms of which Apple patents it’s allowed to use and in which ways. Samsung will ultimately get paid for its (standards-essential patents), but the amount will be tiny compared to what Samsung owes Apple if it chooses to license its non-SEPs. That’s because Apple’s patents make the difference between a $50 phone and a $500 device, while Samsung’s patents cover a small part of what a $10 component of such products provides.”
