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Apple pursuing over $2.5 billion in upcoming Samsung trial

updated 11:19 am EDT, Tue July 24, 2012

iPhone maker also seeks $30 per Samsung device

Apple is hoping to reap over $2.5 billion in damage payments in its upcoming patent infringement trial against Samsung, which starts July 30th, according to FOSS Patents. The company is claiming $500 million in lost profits, and $25 million in "reasonable royalty damages." Apple also argues that Samsung has been "unjustly enriched" by an unspecified amount, but one which nevertheless brings the base tally to $2.525 billion.

On top of this the iPhone maker is claiming over $30 per infringing Samsung device sold. That includes $24 for violating design patents or trade dress rights, plus $2.02 for an "overscroll bounce" patent, $3.10 for a scrolling API patent, and lastly $2.02 for "tap to zoom and navigate." The trial brief states that Apple would prefer not to collect royalties from Samsung, but instead that the latter party just come up with solutions that don't commit the alleged patent violations.

Other Apple statements in the brief are aggressive, saying for example that Samsung "chose to compete by copying Apple." Perhaps explaining Apple's underlying motives, the company adds that "Samsung's infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world." Elsewhere the corporation states that "Samsung must play by the rules. It must invent its own stuff. Its flagrant and massive infringement must stop."

Apple is offering Samsung a half-cent royalty rate per standards-essential patent. That, however, would come with restrictions about which patents could be used and how. Samsung in turn could get paid for its own standards-essential patents, but the amount would likely be dwarfed by what it might end up owing Apple. Both companies are expected to settle sometime before the trial is over; last week Apple CEO Tim Cook met with Samsung's vice chairman Choi Gee-Sung in another bid to solve the conflict, but no agreement could be reached on the value of patents.




by MacNN Staff

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