As the Apple vs Samsung case ramps up here in the United States (as it has in many places across the globe) it appears that possible cash damages are growing by leaps and bounds even before the case begins. Apple’s legal council have released several notes today letting the court know that they expect to be entitled to $500 million in lost profits, “$25 million in reasonable royalty damages on the proportionally small set of remaining sales for which it cannot obtain an award of Samsung’s profits or Apple’s own lost profits,” and $2.525 billion in all counting patent infringements. This amount may well be totaled in Samsung is found guilty of willful infringement.
As the patent and court case writer you may well know by now Florian Mueller points out, the outcome of this case is based in a big way on how its seen that Samsung and/or Apple infringed on one-another’s portfolios. One example of this, as Mueller writes, is that “Apple argues that Samsung infringed willfully. As a result, some components of that overall figure could be tripled.” Apple showed several patent infringements it saw itself as being owed per device that used said technology:
• $2.02 for the overscroll bounce patent
• $3.18 for the scrolling API patent
• $2.02 for the tap to zoom patent
• 24 for use of Apple’s design patents
Samsung’s countersuit has been commented on by Apple as well, with the latter company suggesting that infringement should cost it $0.0049 per unit if found to actually be infringing. They noted the following:
“To the extent that Samsung is entitled to any remedy, its FRAND damages cannot exceed $0.0049 per unit for each infringed patent.”
The trial at hand is set to begin on July 30 and will likely span several weeks if not months or years. Stay tuned for more court case excitement!