updated 05:07 pm EST, Wed November 13, 2013
Samsung says damages owed are far shorter
Apple has asked for $380 million in damages at the beginning of the Apple v. Samsung damages retrial, reports say. Harold McElhinny, an attorney representing Apple, explained in opening statements today that the company's calculations assume lost profits of $114 million, Samsung profits of $231 million, and royalties of $35 million. Apple claims it would have sold 360,000 devices if Samsung hadn't released ones infringing on its patents, and that Samsung sold 10.7 million infringing devices, pulling in $3.5 billion in revenue. To support his case, McElhinny suggested that an internal Samsung document was "conclusive evidence Apple lost sales because of Samsung."
Samsung attorney William Price countered by saying that Apple is "simply asking for much more money than it's entitled to," and that the real amount owed is closer to $53 million. This is based on $52.7 million for Samsung profits, $28,452 for royalties, and no special awards for Apple's lost profits. The minimal royalty damages are said to to be because of limitations in Apple patents.
The trial is scheduled to last six days before heading to a jury of six women and two men. At stake is the $450.5 million in damages judge Lucy Koh vacated from the $1.05 billion Apple was originally awarded last year. Regardless of the outcome of the trial, Samsung will still owe at least $600 million.
Most of the Samsung devices accused of violating patents are no longer on the market. These include devices like the Captivate, the Droid Charge, the Epic 4G, the original Galaxy Tab, and the AT&T model of the Galaxy S II.