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Apple Wants $2.5 Billion from Samsung in Patent and Design Infringement Trial

Apple Wants $2.5 Billion from Samsung in Patent and Design Infringement Trial

Recently filed court documents in the U.S. patent and design dispute between Apple and Samsung show that Apple is seeking a total of $2.5 billion from Samsung to cover alleged infringement by Samsung’s mobile products.

MacRumors:

From the court filing: “Samsung has reaped billions of dollars in profits and caused Apple to lose hundreds of millions of dollars through its violation of Apple’s intellectual property. Apple conservatively estimates that as of March 31, 2012, Samsung has been unjustly enriched by about [redacted; presumably $2 billion] and has additionally cost Apple about $500 million in lost profits. Apple also conservatively estimates that it is entitled to over $25 million in reasonable royalty damages on the proportionately small set of remaining sales for which it cannot obtain an award of Samsung’s profits or Apple’s own lost profits, for a combined total of $2.525 billion.”

FOSS Patents‘ Florian Mueller notes that Apple is not allowed to collect both royalties and profits from a single device, so they are focusing their claims on the $2 billion figure related to design infringement. That allows Apple to request both lost  profits of its own, and the unfairly earned profits by Samsung on the devices.

The per-unit royalties that Apple has calculated for its different intellectual property rights-in-suit:

  • $2.02 for the “overscroll bounce” (or “rubber-banding”) ‘318 patent
  • $3.10 for the “scrolling API” ‘915 patent
  • $2.02 for the “tap to zoom and navigate” ‘163 patent
  • $24 for use of any of Apple’s design patents or trade dress rights

Apple’s filings also reveal estimates of how much it thinks it should pay in royalties for Samsung’s patents, related to 3G standards, and are required to be licensed under fair and reasonable terms. Samsung has been requesting a royalty rate of 2.4% on Apple’s sales of 3G devices, while Apple says the amount should only be one-half cent per unit.

Apple CEO Tim Cook met with Samsung CEO Choi Gee-sung back in May, but the negotiations yielded no progress. Reuters reported yesterday that the two met again last week but that the sides remain far apart.