Apple Seeking $2.5 Billion In Damages From Samsung For Patent Infringement

FOSS Patent reports that according to new court filings, Apple is seeking $2.525 billion in damages from Samsung for alleged patent infringement.

Here’s an excerpt from the filing:

Samsung adopted as its number one goal to [redacted]‘ in the smartphone and tablet markets, and it chose to compete by copying Apple. Samsung’s infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world. 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.

The court filings has also revealed how Apple arrived at the following figures:

These are the per-unit royalties that Apple 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 court filing has also revealed that the company estimates that it should pay Samsung one-half cent per unit for the standard essential 3G patents. Apple has based that on the cost of the baseband processor rather the cost of the device.

Apple’s CEO Tim Cook and Samsung CEO Choi Gee-sung had met for a court moderated discussion in May and last week to settle the long-standing patent dispute between the two companies, but unfortunately failed to reach an agreement.

[via FOSS Patent]

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